SC to Comelec: Sacked government officials can run

Cebu City, Mandaue mayors get TRO

MANILA, Philippines — Around a hundred dismissed government officials may run in next year’s polls following a Supreme Court (SC) order restraining the Commission on Elections (Comelec) from barring aspirants who had been dismissed and disqualified from holding public office.

“It seems that not only 100 have perpetual disqualification to hold public office. Actually, the Comelec is ready to issue the resolution to remove this perpetual disqualification. This is just a timely TRO (temporary restraining order) from the Supreme Court,” Comelec Chairman George Garcia said yesterday.

Garcia explained that the TRO issued by the SC effectively restrains the Comelec from enforcing a previously issued resolution automatically removing from the official list of candidates for the May 2025 elections those ordered by the Office of the Ombudsman to be perpetually disqualified from holding public office.

“That means all those with perpetual disqualification to hold public office should not be removed from the list until the Supreme Court makes a final decision or until it removes the TRO,” he said.

The SC issued the TRO based on a petition filed by former Albay governor Noel Rosal, who was ordered dismissed by the ombudsman.

Other dismissed public officials have also filed similar petitions before the high court.

The Comelec is not surprised by the SC’s move and it will abide by the TRO, according to Garcia.

He said the TRO shall apply not only to three public officials who filed a petition before the SC, but to all those with similar situations.

Yesterday, Garcia also reported that the Comelec is formally filing next week a material misrepresentation case against dismissed Bamban, Tarlac mayor Alice Guo.

Garcia noted that Guo’s camp did not file a motion for reconsideration on the Comelec’s decision to file election offense case against her.

Garcia said the Comelec would also file a motion for transfer of trial venue.

“This is not because we don’t trust in our court, but we will remember that we are there in a place where there is the safety and security of the witnesses and our lawyers, and we are also protected,” he added.

Cebu mayors get TRO

The SC on Tuesday issued TROs to prevent the Comelec from disqualifying Cebu City Mayor Michael Rama and Mandaue City Mayor Jonas Cortes from running in next year’s midterm elections.

The TROs halt the implementation of the cancellation of their certificates of candidacy (COCs), allowing the two officials to proceed with their election bids while their cases are under review.

At a press conference on Tuesday, SC spokesperson Camille Sue Mae Ting announced that both local officials have contested Comelec Resolution 1044-A, issued on Sept. 4, which bars them from running in the 2025 elections due to their dismissal by the ombudsman, a decision that carries the penalty of permanent disqualification.

The high court also consolidated the cases of Rama, Cortes and Rosal, who likewise faced disqualification.

The SC ordered the Comelec to comment on the petitions filed by the officials within 10 days.

Rama was dismissed following a case of nepotism, in which he was accused of appointing two of his brothers-in-law as casual employees at Cebu City Hall.

Meanwhile, Cortes was found guilty of grave misconduct for allegedly allowing a concrete batching plant to operate without the necessary business, sanitary and environmental permits.

Commenting on the SC decision, he emphasized that it shows that the rule of law still holds in the country.

“The power of prayer gives us strength and guidance in all trials. So above all, thank God for His continued guidance and strength. Upholding the rule of law and the Constitution is the cornerstone of our democracy, and we are grateful to the Supreme Court for reaffirming these values,” he said.

“This victory underscores our unwavering commitment to justice, but it is just one part of the broader fight we continue to face. With the truth on our side, we remain steadfast, guided by transparency and the trust of the Mandauehanons,” he added.

Rama, on the other hand, was ecstatic, saying the fight is still on.

“The fight continues!!! Praise God. Thank you very much, Señor Sto. Niño,” he said.

The Freeman tried to reach out to Rama to elaborate on his posted statement, but calls and messages were unanswered as of last night.

In a separate ruling, the SC affirmed the disqualification of Rosal, his wife and ex-Legazpi City mayor Carmen Rosal and Legazpi City Councilor Jose Alfonso Barizo.

The SC ruled that the officials violated the Omnibus Election Code, specifically provisions on the disbursement and release of government funds during the prohibited period before the 2022 national elections.

Rosal, who was elected Albay governor in the 2022 polls, was later disqualified by Comelec for violating the election spending ban.

He was also barred from holding public office by the ombudsman due to the illegal reassignment of personnel after the elections.

While the SC upheld the disqualification of the Rosals and Barizo, the TROs issued for Rama and Cortes provide temporary relief for the officials as they pursue their candidacies in the 2025 elections.

The SC’s decision to consolidate their cases signals that further legal scrutiny is on the horizon, as the court evaluates the merit of the disqualification rulings by Comelec and the ombudsman.

Artists’ rights

The Intellectual Property Office of the Philippines (IPOPHL) and the Comelec have teamed up to protect the rights of artists whose works may be used without permission during the campaign period.

IPOPHL and the Comelec recently signed a memorandum of understanding aimed at increasing copyright awareness and compliance of electoral candidates with the IP Law throughout the campaign.

This is the first time that the two government agencies collaborate as the country prepares for the 2025 midterm elections.

“This agreement marks an important first step in promoting respect for IP rights during elections as it establishes the framework for future joint efforts,” IPOPHL director general Rowel Barba said.

Barba added that this partnership would help ensure that candidates are “held accountable for the materials they use, which will foster a culture of respect for IP in our electoral system.”

While IP violations are not considered an election offense, Garcia asserted that the poll body is committed to supporting initiatives that will hold candidates accountable and educate voters.

“They haven’t even been elected yet, and they’re already stealing, and it’s no less than intellectual property at that. So how much more when they do get elected?” he said.

“That’s what we should emphasize to our fellow citizens when it comes to voting... That’s a signal for the voters not to vote for that person,” he added.

The campaign period for national elections is scheduled from Feb. 11 to May 10, while that for local elections is slated from March 28 to May 10. — Christine Boton, Mitchelle Palaubsanon/The Freeman, Brix Lelis