CEBU, Philippines — Commission on Elections (Comelec) Chairman George Erwin Garcia yesterday morning said that if the Supreme Court (SC) does not lift the temporary restraining order (TRO) it issued last Oct. 22 before the printing of the official ballot by the last week of December, the names of dismissed mayors Michael Rama and Jonas Cortes will be included as official candidates in the 2025 elections.
This, as he said they are standing firm on their decision to disqualify candidates in the 2025 elections who were dismissed from service and perpetually disqualified from holding any public office by the Office of the Ombudsman.
He made the statement during an interview with the Cebu media at the sidelines of the “Voters Information Awareness Campaign and Automated Counting Machine (ACM) Public Demonstration for the 2025 National and Local Elections,” where he was the resource speaker, at the Cebu Normal University.
He said it three days after the SC granted the separate petitions Rama and Cortes, issuing a TRO against the Comelec.
Rama’s and Cortes ’petitions aim to prevent Comelec from disqualifying them as candidates in the 2025 elections, following separate recent decisions by the Office of the Ombudsman, which dismissed them from service and perpetually disqualified them from holding any public office.
Cortes (Mandaue City) and Rama (Cebu City) challenged Comelec En Banc Resolution 1044-A (adopted last Sept. 4), which disqualifies those imposed such a penalty from participating as candidates in the 2025 elections.
In issuing the TRO against the resolution last Tuesday, the SC gave the Comelec 10 days from receipt of the notice to comment on the petitions.
Asked why they would stand by Comelec En Banc Resolution 1044-A, Garcia said because it is according to the law.
“Sapagkat yon po kasi ang batas. Maliwanag na maliwanag po…Section 27 Paragraph 1 ng Republic Act (RA) 6770, yong Ombudsman Act. So, kami po, bilang isang constitutional body, ipapatupad namin and mismong mandato ng isang constitutional body rin, ang Opisina ng Ombudsman,” Garcia said.
“So again, paninindigan po namin ang position na yan and, hopefully, sana naman ay makita po ng ating Kataastaasang Hukoman yon pong logic at gusto po namin. Of course po, kami ay tatalima sa kung ano ang magiging pinal na ruling or desisyon ng Korte Suprema sa bagay na yan,” he added.
Section 27 Paragraph 1 of RA 6770 states that “(a)ll provisionary orders of the Office of the Ombudsman are immediately effective and executory.”
Garcia said this means that there is neither motion nor petition that can stop the implementation of the Ombudsman’s decision, unless the Court of Appeals releases a restraining order against the cases.
“Take note from the Court of Appeals, kasi administrative cases yon,” he said.
“Pag sinabi, ‘Well, itong mga taong ito ay dismissed from the service with perpetual disqualification to hold public office’, sino ang Comelec para hindi sundin ito? Hindi po ba?” he added.
“Pag hindi natin sinunod yun, bina-violate namin yung mismong batas na nag-cre-create ng Ombudsman, ang RA 6770. Kaya nga namin ginawa ito,” he further said.
Garcia said they would work closely with the Office of the Solicitor General for the poll body’s comment for submission with the SC.
“Makikipag-ugnayan na kami sa SolGen…. Tatlong araw kasing walang pasok sa Maynila, therefore, naunsyami yung pakikipag-coordinate namin sa Opisina ng Ombudsman,” he said.
The Comelec chairman said that there are more than 100 officials who are perpetually disqualified to hold public office in the Philippines, including Rama and Cortes.
He said that what the SC issued was also a TRO, not an injunction, and is therefore just a temporary reprieve.
He clarified, though, that if the TRO remains during the time when the Comelec has to print already the official ballots, then Rama’s and Cortes’ names would be there as among the official candidates.
“Kung anong mangyayari after that hindi ko muna sasagutin because masyadong presumptuous naman, unfair, at saka masyadong maba-violate tayo, yung tinatawag na sub judice principle,” he said.
On why they issued Comelec En Banc Resolution 1044-A, he said they were setting straight a contentious issue that they project would cause disarray in the succeeding elections.
“To a certain extent ginawa po natin ito (Comelec En Banc Resolution 1044-A) para liwanagin ang lahat. Alam niyo po, andaming ginagawa ng iyong komisyon, we are trying to push the envelope that far. Bakit? Gusto natin bago mag-2028 presidential and vice-presidential elections maliwanag na ang lahat,” he said.
“Hindi yung pagdating doon sa 2027, 2028 tsaka tayo magkakagulo,” he added.
He cited as an example the Comelec established a rule allowing substitutions only in cases of death or disqualification of a candidate, as there is no specific law prohibiting candidate substitution.
Garcia said that there were no parties that contested this rule before the SC, as it is widely understood that the Comelec has the authority to establish “procedural regulations in line with its rule-making powers”. RHM (CEBU NEWS)