COMELEC says TRO is needed

MANILA, Philippines — The Commission on Elections (COMELEC) disclosed that elected public officials meted with perpetual disqualification by the Office of the Ombudsman still have a chance if they can secure a temporary restraining order from the Court of Appeals for their Certificate of Candidacy (COC) not to be cancelled.

This was disclosed yesterday by Comelec chairman George Erwin Garcia when asked about the Ombudsman decisions on perpetual disqualifications.

“Alam niyo po, meron po kaming resolusyon ang desisyon ng Office of the Ombudsman base Republic Act 6770, o 'yung batas na nag go-govern sa Ombudsman ay nagsasabi na ang desisyon ng Office of the Ombudsman sa kasong administratibo, ay immediately executory,” Garcia said via One Balita Pilipinas yesterday.

The COMELEC chair, however, stressed that “it is subject to appeal pero ito po ay immediately executory.”

“Although hindi pa final, kaya po ang COMELEC bilang pagtalima sa batas at bilang pagkilala sa Office of the Ombudsman ay amin po agad ipapatupad 'yan. Therefore, wala po muna ako particular na kaso na sasabihin,” added Garcia.

But he stressed that without a TRO, those with perpetual disqualification to hold public office would have their COCs cancelled.

“Doon po sa mga magpa-file na may perpetual disqualification to hold public office, kung walang TRO mula sa Court of Appeals laban sa Office of the Ombudsman ipapatupad po 'yan ng Commission on Elections, ica-cancel po namin ang candidacy ng mga kandidatong may perpetual disqualification to hold public office,” Garcia disclosed.

He also said that those with such cases should secure the TRO before the printing of ballots in December this year.

“Alam niyo po kinakailangan po sana hanggang bago mag imprenta ang COMELEC ng balota. At ang imprenta po ng balota ay mangyayari bago matapos ang buwang Disyembre ng taon na to,” Garcia said.

“Sapagkat pag nag imprenta na kami ng balota, at wala po yung kanilang pangalan duon listahan ay therefore paano po kami pa makapag comply sa TRO halimbawa o sa order ng mas mataas a hukuman samantalang tuloy-tuloy na ang imprenta ng balota….hindi na po kami makakahinto dun,” Garcia added.

“Ang ibig sabihin ng TRO ay patigilin yung isang bagay na gagawin…eh pagka po nagawa na ang isang bagay ay wala na pong basehan ang temporary restraining order. Wala na pong e-rerestrain pagka ganun. So dapat sabihin ang TRO po at ito’y hindi pag pressure sa ating korte, ang TRO po ay dapat mailabas ang isang aksyon…Kung tinanggal na po naman parang wala na pong basehan ang TRO,” Garcia explained.

Comelec-7 Regional Director, Atty. Francisco Pobe, also said that the filing of COCs by officials meted with suspensions is still "legal at this point in time" since no directives have been received from the head office in Manila.

“At this point in time, the Certificate of Candidacy of Atty. Mike Rama is good, is legal at this point in time unless Manila will give the advisory that his candidacy will be canceled,” said Pobe.

Rama in high spirits

Despite having been dismissed and perpetually disqualified from government service by the Office of the Ombudsman, Cebu City Mayor Michael Rama will still be pushing for reelection in the 2025 polls.

In a press conference at his residence in Barangay Guadalupe yesterday, the suspended mayor stressed that he is not backing down, and will exhaust all legal measures against the perpetual disqualification penalty, especially since he has yet to receive a copy of the decision.

When asked how he was feeling, he showed no sign of misery.

"Very light and rejoicing as well as in jubilation," Rama shared.

As of yesterday (Friday), October 4, 2024, Rama reiterated he has yet to get a copy of the decision.

According to him, he is still on the high with all the support he got during the filing of his COC last Oct. 3 which was the same day the Ombudsman decision broke out. Based on the copy released to the media though, the Ombudsman decision was dated Oct. 2, 2024.

He, however, said that he is not surprised, adding that things have already been "predicted in the tale of the expected."

"What else is new. People learn first, media secured copy but the subject person doesn't have an inkling that one is coming because I had not any have copy of any at all," said Rama.

Rama also said that he would not surrender and said that he would push through with his political plans.

According to him, now that the supposed decision has come out, the first six months of preventive suspension slapped against him has been interrupted.

"Ikiha man sad nako ang gobyerno, ikiha nako. I will never stop because six months is too much, it is just like I have been constructively dismissed, so I will not be sleeping on my right," he added.

He said that should this latest decision of the Ombudsman persist, he will be filing countercharges.

As for legal remedies on the matter, Rama said that he would leave it to his lawyers.

Before Rama's interview, suspended Cebu City Administrator, Lawyer Collin Rosell, legal counsel Rama, also told reporters that Rama will still be pushing for his reelection in the 2025 polls.

He said that it is because no order from the Ombudsman has been officially served before their office, hence no decision yet is slapped against him.

"Sala ba na nakong nahigugma ko? Nga pagka higugma nako, na minyo," Rama told reporters, referring to his relationship with his wife, and how he allegedly put in office his brothers-in-law.

According to him, his brothers-in-law, who were the subject of his nepotism charges, were already in the Cebu City Hall since in 2015 before he got married to his wife, Malou, in 2021.

"Wa pa ko na minyo naa na sa City Hall, mao gyud nay tinuod. Usahay gud hasmag mga tawo, way pangutana," said Rama.

He added that he bears with him documents that back these claims.

Rama, however, said that he sees politics behind this decision, adding that he has never been remiss in following the law.

He added that he has always been on the lookout to see if he is already violating nepotism in his years of government service.

According to him, he never had a single bloodline installed in city hall.

"Wa gyud ng nepotism, wala...politika gyud, maong isog nako ron," said Rama.

Cortes files COC

Despite the dismissal order issued by the Office of the Ombudsman last Thursday, suspended Mandaue City Mayor Jonas Cortes, who is seeking reelection for the 2025 midterm polls, filed his COC yesterday, October 4.

Cortes submitted his COC on his own at exactly 8:08 a.m., which he made to prove that he can still run even with the Ombudsman’s decision.

“I am filing my COC now because I want to put a stop to the rumors being spread yesterday that I am not allowed to file my COC,” said Cortes in a statement.

He added that the Ombudsman’s decision is not final and they are availing of legal remedies to counter the decision.

“To my supporters, I will come back on October 8, as scheduled, with the entire slate of TEAM MANDAUE to be with them in the filing of the COCs,” he added.

The filing of Cortes has been confirmed by Mandaue Comelec officer, Atty. Anna Fleur Gujilde.

Although Cortes filed his COC first, he hasn’t sign the Comelec’s integrity pledge yet which according to Comelec-Mandaue City, Cortes will sign it together with his slate during their filing on October 8.

The complete councilorial slate of Cortes consists of incumbent city councilors Marie Immaline Cortes-Zafra, Jimmy Lumapas, Jennifer Del Mar, Jun Arcilla, Editha Flores Cabahug, Oscar Del Castillo, and Dante Borbajo.

Joining their lineup are former Vice Mayor Carlo Fortuna, Ernie Manatad, Marco Sanchez, Junjie Espina, and Cabancalan Barangay Captain Francis Karlo Remedio

Prior to his filing, the Office of the Ombudsman ordered the dismissal of the suspended mayor after being found guilty of grave misconduct.

Gujilde explained that the Comelec accepted Cortes’ COC as their office has ministerial function. Meaning, as long as the COC is complete, Comelec will receive it.

“Ang amo-a ra gyung i-check ana is completeness of the form, kung naa ba siyay political party, nakaattach ba ang CONA, so ingon ana ra gyud amo-ang i-check. Other than that, we don't go beyond na sa form,” Gujilde told reporters yesterday.

Gujilde said that all the filed COCs will be forwarded to Comelec’s law department for deliberation.

“Ang Manila ra gyud ang mo-deliberate man gud, sa amoang level di g'yud mi kabalo,” said the officer.

Cortes released an official statement in response to the dismissal order from the Ombudsman on Thursday afternoon.