CEBU, Philippines — The Supreme Court has granted the petition of dismissed Mandaue City Mayor Jonas Cortes by issuing a temporary restraining order (TRO) against the decision of the Commission on Elections (Comelec) to cancel his Certificate of Candidacy (COC).
Cortes has filed a petition for certiorari and requested for a TRO before the Supreme Court last January 2, 2025, challenging the decision of the Comelec to cancel his COC.
Yesterday afternoon, the High Court issued a TRO against the poll body from implementing its resolutions that cancelled Cortes’ COC to run again as mayor in the May 2025 elections.
In a press briefer released yesterday afternoon, January 20, 2025 from the Office of the Spokesperson
of the Supreme Court of the Philippines, it wrote that the TRO will also prevent the Comelec from deleting the name of Cortes from the official list of candidates for the said position.
The highest court has directed both Comelec and private respondent, lawyer Ervin E. Estandarte to submit their comments on Cortes’ petition within a strict, non-extendible 15-day period from the receipt of the notice.
With the SC’s disclosure, it ensures that Cortes’ name will be included in the ballots slated to resume printing on January 22.
Cortes will be the ninth candidate to be added to the official ballots, which will be reprinted by the Comelec.
To recall, on January 9, 2025, before the Comelec decided to halt its ballot printing for the upcoming National and Local Elections (NLE), Cortes' name was excluded from the initial list of candidates.
This came after the Comelec En Banc issued a Certificate of Finality and Entry of Judgment in its earlier decision to cancel Cortes' Certificate of Candidacy (COC), based on the 1993 Comelec Rules of Procedure.
With the entry of judgment, as certified by Clerk of the Commission, lawyer Genesis M. Gatdula, the Comelec en banc has declared that Cortes is excluded from the mayoral race for Mandaue City.
Prior to this, the Comelec en banc also released its decision on December 27, denying Cortes' appeal against the Comelec Second Division’s December 18 ruling to cancel his COC for "material and false representation."
The en banc ruling sustained the Second Division’s decision, which would result to Cortes’ exclusion as candidate for Mandaue City mayor.
The commissioners were convinced that Cortes not mentioning in his COC that he was ordered dismissed from service by the Office of the Ombudsman was “deliberate,” as there are specific fields which give Cortes the opportunity to disclose that fact.
However, Cortes countered the electoral body’s decision by filing a petition for Certiorari, which included an application for the “Extremely Urgent Issuance of a Status Quo Ante Order and Urgent Motion for the Conduct of a Special Raffle” on 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.
For Cortes, SC's granting of the TRO is a sign of justice.
“The Supreme Court’s issuance of a Temporary Restraining Order is a testament to its role as the last bastion of justice and democracy. I urge everyone to approach this moment with sobriety and unity, allowing due process to take its course. Let us not allow this moment to divide us, but rather, inspire us to work together for the betterment of Mandaue City,” he said.
“To my supporters, daghang salamat sa inyong padayon nga suporta ug pagtuo. You give me strength to continue this fight with integrity and resolve. To my legal team, daghang salamat sa inyong dedikasyon ug paningkamot. Above all, I thank God, whose grace and wisdom guide us through every challenge. May we all remain steadfast in our commitment to serve Mandaue and our people with humility and love. Salamat, salamat Birhen sa Guadalupe. Salamat Snr. San Jose. Viva Pit Señor!!!, Cortes added. (CEBU NEWS)