SC grants petitions from dismissed mayors: Rama, Cortes secure TRO

CEBU, Philippines — The Supreme Court has granted separate petitions from dismissed mayors Michael Rama of Cebu City and Jonas Cortes of Mandaue City, issuing a temporary restraining order (TRO) against the Commission on Elections (Comelec).

Their petitions aim to prevent Comelec from disqualifying them as candidates in the 2025 elections following separate decisions by the Office of the Ombudsman, which dismissed them from service and perpetually disqualified them from holding any public office.

The High Court, following its session yesterday, said in a Facebook post that “(t)he TRO halts the implementation of the Comelec's disqualification order while the Court reviews the cases.”

“Both local officials challenged Comelec Resolution 1044-A dated September 4, 2024, disqualifying them from participating as candidates in the 2025 elections following their respective dismissal by the Ombudsman, which includes penalty of perpetual disqualification,” says Supreme Court Spokesperson Camille Sue Mae Ting, in a press conference.

The SC likewise consolidated the separate petitions filed by Rama, Cortes, and former Albay Governor Noel E. Rosal, who all challenged the Comelec Resolution.

In issuing the TRO yesterday, the SC directed the Comelec to comment on the petitions within 10 days from receipt of the notice.

Commenting on the SC decision, Cortes said it shows that the rule of law is still true in the country.

“Ang gahum sa pag-ampo ang naghatag kanato og kusog ug giya sa tanang naagiang pagsulay. So above all, salamat sa Ginoo 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.

Fight still on

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

“Tuloy ang Laban!!! Praise God. Daghang Salamat, Señor Sto. Niño,” he said.

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

To recall, Rama and Cortes were both ordered dismissed from service in separate orders issued by the Office of the Ombudsman.

In the case of Rama, the anti-graft office, in a 17-page decision, found him “guilty of Nepotism and Grave Misconduct” and punished him with a penalty of dismissal from service, which carried with the “cancellation of eligibility, forfeiture of retirement benefits except for accrued leave credits, and perpetual disqualification for reemployment in the government service”.

In Cortes’ case, the Office of the Ombudsman, in a 12-page decision, found him guilty of grave misconduct and meted him the penalty of dismissal from service together “with its accessory penalties, pursuant to Section 10, Rule Ill of Administrative Order No. 07, as amended, otherwise known as the Rules of Procedure of the Office of the Ombudsman”.

The order of the Ombudsman on Rama’s case was dated Sept. 25, 2024 while that for Cortes was approved on Oct. 2, 2024.

Rama and Cortes then separately filed before the SC a petition for certiorari, prohibition, and injunction with application for issuance of Temporary Restraining Order and/or writ of preliminary injunction against the Comelec commissioners over the issuance of Comelec Resolution 1044-A.

The petition was meant to prevent the Comelec from canceling their respective certificate of candidacy and from prohibiting them from running for reelection in 2025.

Sought for his side, Comelec-7 Regional Director Francisco Pobe said he has yet to receive a copy of the SC-issued TRO.

He, however, said the issuance may indicate an implementation of a status quo on the COCs of Rama and Cortes, pending the decision of their respective motion for reconsideration filed before the Office of the Ombudsman.

“Karon siguro, kung tinuod gyud na nga naa nay TRO, padalhan gyud dayon ang Comelec to hold it (cancellation of COCs) in abeyance,” Pobe said. — (FREEMAN)