CEBU, Philippines —The Court of Appeals (CA) has denied the plea of dismissed Mandaue City Mayor Jonas Cortes for the issuance of a temporary restraining order and writ of preliminary injunction against the Office of the Ombudsman’s order dismissing him from service, with the accessory penalty of perpetual disqualification from holding public office.
Justices of the CA 5th Division, who signed the Resolution dated December 19, 2024, says that “there is no clear showing that petitioner have sufficiently alleged a clear and unmistakable right, and that there is an extreme urgency and paramount necessity for a temporary restraining order and/or writ of preliminary injunction to be issued.”
Sought for comment over the CA decision, Cortes said that he awaits instead the Supreme Court's (SC) decision on his petition, and trusts in its impartiality and wisdom to uphold the rule of law.
“As we move forward, we remain steadfast in our commitment to serving the people of Mandaue, hopeful that the process reflects the principles of justice and fairness,” Cortes added.
Cortes filed a petition for Certiorari before the SC, which includes an application for the “Extremely Urgent Issuance of a Status Quo Ante Order and Urgent Motion for the Conduct of a Special Raffle” last January 2, 2025.
Cortes also filed for a Status Quo Ante Order and a Temporary Restraining Order (TRO) to block the Comelec resolution that canceled his Certificate of Candidacy (COC) for the upcoming 2025 midterm elections. The said petition with the SC remains pending as of this writing.
Further, Cortes had asked the CA to enjoin the Office of the Ombudsman from executing its order dated last September 26, 2024.
In that order, the anti-graft office found him guilty of grave misconduct, dismissing him from service and imposing on him the accessory penalty of cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification for re-employment in the government service.
Cortes’ grave misconduct case stemmed from the continuous operation of SUPREA Philippines Development Corporation, a batching plant in Barangay Labogon, despite the lack of business permit, sanitary permit, and environment clearance.
The complainants, Ines Corbo Necesario and Julita Oporto Narte of the said barangay cited that the operation of the cement plant posed health risks to those who live near it, but Cortes refused to issue a cease-and-desist order.
“He has a duty to act, but he deliberately chose not to act,” said part of the Ombudsman decision last September finding him guilty of grave misconduct,” part of the two-page Resolution reads the signed by Justices Ramon Cruz, Tita Marilyn Payoyo-Villordon, and Emily San Gaspar-Gito.
The Office of the Ombudsman has earlier recommended the filing of criminal case on top of the administrative penalty of dismissal from service that he was meted for the same issue. (CEBU NEWS)