Coc cancellation affirmed: Jonas barred from running

CEBU, Philippines — Citing “lack of merit”, the Commission on Elections (Comelec) en banc has denied the motion for reconsideration filed by dismissed Mandaue City mayor Jonas Cortes seeking to reverse an earlier decision by the Comelec second division cancelling his certificate of candidacy for “material and false representation.”

The en banc ruling, which was promulgated yesterday, December 27, sustained the second division in cancelling Cortes’ COC for serious misrepresentation of a material fact involving his qualifications and eligibility as a candidate.

“We find no cogent reason to depart from the Assailed Resolution of the Commission (Second Division),” read a portion of the en banc decision penned by Comelec chairman George Erwin Garcia and six other commissioners---Marlon S. Cosquejo, Rey E. Bulay and Nelson J. Celis, Ernesto Ferdinand P. Macedan Jr., Aimee P. Ferolino, and Socorro B. Inting.

According to the Comelec, Cortes “materially misrepresented” in his COC that he is eligible for the office he seeks to be elected.

The commissioners were convinced that the omission was “deliberate” as there are specific fields which give Cortes the opportunity to disclose the fact of the pending case and his previous dismissal from service.

Mandaue City’s Public Information Office head Karla Victoria Cortes confirmed they have received a copy of the decision yesterday afternoon.

“Emailed to MJCC (Mayor Jonas C. Cortes) just before clock hit 5 pm,” the PIO head told The Freeman.

Mandaue City Administrator Atty. Jamaal James Calipayan said Cortes is prepared to accept the decision. In fact, they have prepared a contingency plan even before the ruling came out.

“We are ready naman sad for whatever the decision of the en banc will be, andam naman pod ta,” said Calipayan in an interview hours before the ruling was released.

Among the options, Calipayan said, is elevating the issue before the Supreme Court.

According to Calipayan, they would seek for a temporary restraining order and other legal remedy.

“Ang atoa man gyung remedy ani is naa gyud siyay sense of urgency gyud dili nani siya madugay-dugay ba,” said Calipayan.

He admitted that the legal consequence of the Comelec ruling is that Cortes could not be replaced.

“Unlike the ordinary disqualification lang siya maka replace ang mayor or ang candidate nga na disqualify ug somebody from his own party and with the same family name,” said Calipayan.

The cancellation of his COC stemmed from the Oct. 25 petition filed by lawyer Ervin Estandarte. (CEBU NEWS)