Comelec ends Mandaue mayor Jonas Cortes' reelection bid
12/20/24, 4:22 AM
By Tracy Cabrera
CEBU CITY, Cebu — The Commission on Elections (Comelec) Second Division has decided to grant the petition for disqualification filed against 'reelectionist' mayor Jonas Cortes of Mandaue City on the grounds of 'serious misrepresentation'.
The Comelec's decision to cancel the certificate of candidacy (CoC) of Cortes in the upcoming May 12 national and local elections (NLE) next year put to an end the dismissed mayor's come back attempt to grab Mandaue's top elective post.
Based on a document leaked to the media, it was found that the petition for disqualification against Cortes was filed by lawyer Ervin Estandarte, who claimed Cortes submitted false information in filing his CoC..
Estandarte alleged that Cortes falsely declared he was eligible to run for mayor and marked 'N/A', or not applicable, on questions about pending cases, even though the Ombudsman issued a dismissal order against him last October 3, 2024, a day before he filed his candidacy.
The petitioner accused Cortes of deliberately hiding this information to deceive voters.
Estandarte likewise submitted document that indicated Cortes was dismissed for failing to issue a cease-and-desist order against a batching plant operating without a business permit in his jurisdiction from 2020 to 2022.
Despite this, Cortes marked 'N/A' on the portion of his CoC that asked if the candidate had pending cases in court, thus his suggesting falsely claiming that no such cases were applied to him.
Meanwhile, in its decision, the Comelec highlighted that under Sections 74 and 78 of the Omnibus Election Code, electoral candidates are required to truthfully declare their qualifications in their CoC.
However, if this contains material misrepresentation, then Comelec has the basis for canceling the CoC.
"Respondent (Cortes)'s declaration in his CoC, which constitute his qualifications for mayor, is material and false, considering he misrepresented the fact that he is no longer qualified to run for office," the Comelec' s Second Division pointed out in its decision.
"Respondent signed his CoC and subscribed and sworn to the veracity of his declarations therein, indicating that his false representation is deliberate, and will effectively mislead the electorate on his qualification as mayor of Mandaue City, Cebu," the poll body further stated.
The ruling for Cortes's disqualification was penned by Comelec presiding commissioner Marlon Casquejo and commissioners Rey Bulay and Nelson Celis.