Dismissed Mandaue Metropolis Jonas Cortes. / CDN File
CEBU CITY, Philippines — One other particular person has filed a petition earlier than the Fee on Elections (COMELEC) looking for to disqualify dismissed Mandaue Metropolis Mayor Jonas Cortes from becoming a member of the upcoming Could 2025 midterm election.
Lawyer Ervin Estandarte, a resident of Barangay Pagsabungan, Mandaue Metropolis, filed the petition on Oct. 25, and the COMELEC acquired it on Oct. 28.
He requested the COMELEC to cancel Cortes’ certificates of candidacy for materials misrepresentation, citing a violation of Part 78 of the Omnibus Election Code (OEC) and Part 40 (B) of the Native Authorities Code.
Earlier, two different Mandaue Metropolis residents had additionally filed a petition in opposition to Cortes’ candidacy.
Ines Corbo Necessario and Julita Oporto Narte, each from Barangay Labogon, filed their petition on grounds of fabric misrepresentation.
In his petition, Estandarte alleged that Cortes dedicated a violation in his Certificates of Candidacy (COC) by answering “Not Relevant (N/A)” to a query requiring disclosure of any case, together with the case docket, title, submitting date, and standing.
“Such entry of N/A is a fabric misrepresentation within the respondent’s COC, as he knew totally properly that he was dismissed from service by the Ombudsman and acquired this order on October 3, 2024,” Estandarte said in his petition.
Cortes filed his COC on Oct. 4.
The lawyer cited Part 74 of the OEC, which states that information declared within the COC “are true to one of the best of his information.”
“Such materials illustration is knowingly made as a result of on 3 October 2024, a day previous to submitting of the respondent’s COC, he acquired an amended order of the Ombudsman dismissing him from the service to sit down as mayor of Mandaue Metropolis, Cebu. Thus, he ought to have indicated in his COC such reality of his dismissal from service. Clearly due to this fact, by indicating N/A is a fabric illustration necessitating the denial of due course to or cancellation of his COC,” he added.
The lawyer additional argued that “by indicating N/A, he misled the COMELEC into believing that he (Cortes) has all of the {qualifications} to run for public workplace.”
The petitioner additionally cited a Supreme Courtroom ruling stating, “the denial of due course or cancellation of the COC isn’t primarily based on lack of qualification however on the candidate making a fabric illustration that’s false.”
Estandarte added that had Cortes disclosed his dismissal order, the COMELEC “might have administratively, by itself, denied due course and canceled the respondent’s COC.”
Cortes was ordered dismissed by the Ombudsman for permitting a batching plant to function in Mandaue with out the required permits. This dismissal order prompted the COMELEC to problem a decision canceling Cortes’ COC.
Cortes then appealed to the Supreme Courtroom, which subsequently issued a brief restraining order in opposition to the COMELEC decision.
As of this writing, Cortes has but to touch upon the 2 petitions filed in opposition to his candidacy.
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