Last ditch effort to save candidacy: Cortes seeks relief from Supreme Court

CEBU, Philippines — Dismissed Mandaue City mayor Jonas Cortes has filed a petition for Certiorari before the Supreme Court yesterday afternoon, January 2, 2025, challenging the earlier decision of the Commission on Elections (Comelec) to cancel his Certificate of Candidacy (COC).

The petition for Certiorari also includes an application for the “Extremely Urgent Issuance of a Status Quo Ante Order and Urgent Motion for the Conduct of a Special Raffle.”

Cortes argued that the Comelec’s decision, which was based on lawyer Ervin Estandarte's petition against him, was based on a flawed interpretation of election laws, amounting to grave abuse of discretion.

Cortes claimed that the decision violated his constitutional rights, including due process and the Mandauehanon’s right to suffrage.

Cortes expressed that while the Ombudsman and Comelec have been a struggle in his pursuit of justice—describing the process as repeatedly frustrating—he sees the Supreme Court as his final resort to address his concerns.

“And I stand firm with my belief that the Supreme Court is an institution with fairness, committed to justice without fear and favor,” said Cortes in an interview with the media outside the Supreme Court yesterday.

Additionally, Atty. Joshua Monsanto, Cortes’ legal counsel, said that they were seeking relief from the Supreme Court, especially with the printing of the ballots fast approaching.

Monsanto added that they have filed for a Status Quo Ante Order and a Temporary Restraining Order (TRO) to block the Comelec resolution that canceled Cortes’ Certificate of Candidacy (COC) for the upcoming 2025 midterm elections.

“(The) Supreme Court being the last bastion of democracy, we will be seeking refuge and relief with the Supreme Court to question the unwarranted disqualification denial of due course," said Monsanto.

During the same interview, Cortes boldly accused his opponent of being behind the cases he is currently facing, describing them as "powerful, well-connected, and very influential."

Cortes linked his mayoral opponent, incumbent Provincial Board Member Thadeo “Jonkie” Ouano to his suspension, dismissal, and COC cancellation.

“Klaro naman na ang opponent ko ay bilas ng influential one of the most influential figures in the land, yung mga Ouanos ang kalaban ko,” said Cortes, referring to House Speaker Martin Romualdez whose wife is a sister of the wife of Ouano.

Cortes further calls on his opponents to uphold fairness, emphasizing that the residents of Mandaue have the right to participate in a “fair” electoral process.

“Yun lang ang gusto namin, fairness. Let’s respect the law, let’s allow the people of Mandaue to choose the leader who they want to lead in our beloved city,” said Cortes.

In a separate interview yesterday, Mandaue City Administrator Atty. Jamaal James Calipayan explained that the certiorari is a prayer to the Supreme Court that they will review the resolution of the Comelec, being a quasi-judicial acting and dispensing its quasi-judicial powers.

The petition is also based on a question of law as they believe that Comelec was acting with grave abuse of discretion amounting to lack or in excess of its jurisdiction.

He also said that their motion is urgent since Cortes is trying to beat the printing of the ballots scheduled next week.

“Bisan layo pa ang election but ang printing dili baya na nato ma reverse or if ever ma reverse nato it will be to the expense of the candidate requesting for a reprinting,” said Calipayan.

He added that they are anticipating a prompt response from the Supreme Court, especially if favorable, as delays could lead to higher costs for reprinting.

“The prayer is that the Supreme Court will see the wisdom nga this is going beyond the jurisdiction sa Comelec,” said Calipayan.

He alleged that the Comelec went beyond its mandate to issue a resolution against Cortes, suggesting that the actions taken were excessive and unjustified.

Calipayan said they are hopeful the Supreme Court, as the “ultimate equalizer”, will provide the assistance they need.

To recall, Comelec en banc released its decision last Dec. 27, denying Cortes' appeal against the Comelec Second Division’s Dec. 18 ruling to cancel his COC for “material and false representation.”

The en banc ruling sustained the Second Division’s decision, which would result to Cortes’ exclusion as candidate for Mandaue City mayor.

“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 Comelec commissioners Marlon S. Cosquejo, Rey E. Bulay and Nelson J. Celis, Ernesto Ferdinand P. Macedan Jr., Aimee P. Ferolino, and Socorro B. Inting.

The commissioners were convinced that Cortes not mentioning in his COC that he was ordered dismissed from service by the Office of the Ombudsman was “deliberate,” as there are specific fields which give Cortes the opportunity to disclose that fact.

Ouano denies allegations

Ouano has denied Cortes’ allegations, saying their relations with the Romualdez’ should not be in question.

“He is just one of many candidates sa tibuok Pilipinas nga ang COC gi challenged. Kadaghan ang gipa disqualify sa COMELEC. Iya ra na feeling nga special siya,” Ouano said.

“He was suspended by the Ombudsman because he did something wrong and illegal. He was dismissed because he did something wrong and illegal. His COC is canceled because he did something wrong, that is ... he lied under oath on his qualification. Unsa labot sa Speaker sa iyang binuhatan? So, katong manga gi disqualify sa COMELEC paryente pod ni Speaker ang kontra ato nila?” he added.

Ouano stressed Cortes should not bring in other people in his ordeal.

“Kuwang nalang ani nga ug matakilpo siya, among kampo gihapon ang pasanginlan.So katong uban nga gipang-disqualify sa Comelec, apil pod si Speaker ato?"– ATO (CEBU NEWS)