CEBU CITY — Dismissed Cebu City mayor Michael Rama and Mandaue City mayor Jonas Cortes are now both facing disqualification petitions ahead of the 2025 elections despite securing temporary restraining orders (TROs) from the Supreme Court.
Residents have filed cases against the mayors before the Commission on Elections (Comelec), citing ongoing penalties from Ombudsman rulings that disqualify them from holding public offices.
In Cebu City, resident Junel Bontuyan filed a petition against Rama, citing the Oct. 2 Ombudsman decision that found him guilty of nepotism and grave misconduct for appointing two brothers-in-law to positions in the city government.
The Ombudsman ruling ordered Rama's dismissal and perpetual disqualification from public service.
Bontuyan argues that allowing Rama's candidacy "undermines the integrity of public service" and that the decision is "immediately executory," urging Comelec to bar Rama from running for reelection.
Despite the Ombudsman's ruling, Rama filed his certificate of candidacy (CoC) on Oct. 3, the day after the dismissal order went public.
Bontuyan's petition calls for his name to be removed from the list of candidates and excluded from the ballots for the 2025 mayoral elections.
In Mandaue City, a similar petition was filed by Barangay Labogon residents Ines Corbo Necessario and Julita Oporto Narte, who allege Cortes committed "material misrepresentation" on his CoC by declaring himself eligible for reelection.
The Ombudsman dismissed Cortes on Sept. 26, after finding him guilty of grave misconduct for failing to regulate an unlicensed batching plant.
His dismissal order, according to Administrative Order 17, Series of 2003, is "executory as a matter of course" and does not allow delays for appeals.
The petitioners insist that the mayor's claim of eligibility on his CoC is a misrepresentation and urge the Comelec to cancel the mayor's CoC and remove him from the official list of candidates.
Both Rama and Cortes received TROs from the high court on Oct. 21, preventing Comelec from enforcing the disqualification orders while their cases undergo review.
The Supreme Court has given Comelec 10 days to respond to the TROs, leaving both mayors' candidacies in question pending further legal proceedings.
At a press conference organized by Rama and his legal counsel on Oct. 31, they reiterated that the recent complaint is irrelevant, as the TRO from the Supreme Court will ensure his name is printed on the official ballots.
Mikel Rama, the former mayor's son, said that his father will remain a candidate for mayor in the 2025 polls.
As of press time, Cortes has yet to release a statement on the matter.
Comelec awaits
SC decision
The Comelec central office, meanwhile, said it would respect the Office of the Ombudsman's decision to bar dismissed officials from holding public office.
However, it clarified that if the Supreme Court upholds the temporary restraining order (TRO) it issued on Oct. 22, the names of Rama and Cortes would still appear on the official ballots for next year's elections.
Comelec Chairman George Erwin Garcia made these remarks during an interview with Cebu media on Oct. 26 at the voter information awareness campaign and demonstration of the new automated counting machine at Cebu Normal University.
He underscored Comelec's commitment to disqualifying candidates dismissed from service and barred from holding public office, in line with legal standards set by the Ombudsman.
He emphasized that Comelec's stance aligns with legal mandates, particularly Section 27, Paragraph 1 of Republic Act 6770, or the Ombudsman Act, which states that all orders from the Ombudsman are immediately effective.
Garcia, however, expressed hope that the Supreme Court would recognize the legal rationale behind the Comelec's stance and reaffirmed their commitment to comply with any final ruling made by the court.
He clarified that the TRO granted by the Supreme Court serves as a temporary reprieve. If it remains in effect when the Comelec begins printing official ballots by December, the names of both Rama and Cortes will be included among the official candidates.
Garcia also pointed out that over 100 officials in the Philippines are perpetually disqualified from holding public office, including Rama and Cortes.
He assured that the Comelec is in communication with the Office of the Solicitor General to prepare their comment for submission to the high court.
He explained that issuing Comelec En Banc Resolution 1044-A aimed to clarify contentious issues that could lead to disorder in future elections, particularly in the 2028 presidential elections.
The chairman highlighted the importance of establishing clear regulations to prevent confusion as elections approach.
Additionally, Garcia said that the Comelec holds the authority to set procedural regulations, such as allowing candidate substitutions only in cases of death or disqualification, emphasizing the agency's commitment to transparency and fairness in the electoral process.
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