Sacked Mandaue City Mayor Jonas Cortes is facing mounting challenges to his 2025 re-election bid as the second request for disqualification was submittedquestioning the validity of his Certificate of Candidacy (COC) based on an alleged false statement.

Who filed the petition?

The latest petition comes from Ervin Estandarte, a resident of Barangay Pagsabungan, who filed his case with the Commission on Elections (Comelec) on October 28, 2024.

Estandarte alleges that Cortes did not truly state his qualifications, specifically omitting crucial information about his removal from office and ongoing legal issues.

What are material misstatement claims?

Estandarte said Cortes’ COC is misleading because Cortes marked “Not Applicable” when asked if he had a disqualification order or pending cases.

Estandarte argued that this omission violates Section 78 of the Omnibus Election Code and Section 40(b) of the Local Government Code, both of which address the accuracy of information provided in nomination papers.

He pointed out that candidates are required by law to disclose any current cases or disqualification orders, including details of the case, in the COC.

Background: The first petition filed by the residents of Barangay Labogon

This is not the first disqualification attempt against Cortes. An earlier petition was filed by Ines Corbo Necessario and Julita Oporto Narte of Barangay Labogon, also citing an alleged misrepresentation in Cortes’ COC.

They argued that Cortes should have disclosed his October 3 dismissal by the Ombudsman, which was allegedly due to unauthorized operations involving a dosage plant in the city.

Legal grounds for disqualification

Both petitions are based on legal precedents and specific laws:

Omnibus Electoral Code, Section 78: Allows petitions to deny due time or set aside a COC if it contains material misrepresentations.

Local Government Code, Section 40(b): It disqualifies persons released from public office for administrative reasons from running for elections.

Revised Penal Code, Article 183: He pleads possible perjury for making false statements in official documents.

Estandarte further cited the Supreme Court’s decision in Tagolino vs the Electoral Tribunal of the House of Representatives, pointing out that any misrepresentation in a COC could result in the cancellation of the candidate’s eligibility.

The Ordinance to revoke the Ombudsman and the intervention of the Supreme Court

On October 4, the day after receiving the Ombudsman’s recall order, Cortes filed his COC. The order stemmed from allegations of misconduct as Cortes allegedly allowed a dosing plant to operate without the necessary permits in Mandaue City. This prompted the Comelec to cancel his COC.

However, Cortes appealed to the Supreme Court, which issued a temporary restraining order (TRO) on October 22. This TRO currently allows him to remain in the race pending further legal developments.

What happens next?

If the Comelec finds Estandarte’s petition meritorious, it could set a significant precedent regarding candidate disclosure and integrity in election records.

If the Comelec rules in favor of the petition, Cortes could be disqualified from the 2025 mayoral race.

Estandarte argued that the case extends beyond mere eligibility and underscores the need for truthfulness and transparency among civil servants to sustain public confidence in elections. (SunStar Cebu)