Cebu City Mayor Mike Rama and Mandaue City Jonas Cortes are not the first nor the only officials to be suspended by the Ombudsman.
However, questions were raised when both were dismissed from service by the Ombudsman, a decision that did not only seriously affect their filing of their candidacy for the 2025 elections but one that closed the door for these officials to ever serve in government again.
Many could not believe that these officials were disqualified from ever serving their constituents they have served for decades.
In a September 25, 2024 order, the Ombudsman found Mayor Mike“guilty of Nepotism and Grave Misconduct” and meted the penalty of dismissal from service “which shall carry with it cancellation of eligibility, forfeiture of retirement benefits except for accrued leave credits, and perpetual disqualification for reemployment in the government service.”
Mayor Jonas’s order was approved by the Ombudsman on October 2, 2024 which found him “guilty of grave misconduct and imposed on him the penalty of “dismissal from the 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.”
Many asked if these two officials were unjustly singled out, why, and, whether the orders were politically orchestrated.
Were there not other officials with more serious charges, or those who had already been found guilty in the not-so-distant past, who have been allowed to run, be elected, and, stay in government?
Even before their separate appeal for their suspension was completely resolved, now these two city officials have to challenge the Ombudsman dismissal order in court.
Given their long record of public service, both officials deserve to have their cases and the harsh dismissal order urgently reviewed and a truly fair decision rendered by the courts.
Mayor Mike, who filed his certificate of candidacy for Cebu City Mayor last October 3 immediately petitioned the Supreme Court “to block the Commission on Elections (Comelec) from enforcing his dismissal and disqualification.”
He said he is raisinggenuine issues “of constitutionality (that have to be immediately addressed), of transcendental importance, and, as Comelec is a constitutional body, that the most appropriate court is the SC.”
According to Mayor Mike, “there is no standing jurisprudence to support the Comelec’s so-called ‘power’ to administratively cancel the COCs of candidates subject to an executory decision of the Ombudsman, because such motu proprio cancellation of COCs, vis-a-vis decision of the Ombudsman, only applies to executory judgments that have attained finality.”
He furthered asserted that “Section 12 of the Omnibus Election Code, provides that a candidate shall only be disqualified IF, among others, he/she has been sentenced by final judgment for, among others, a penalty of more than 18 months or for a crime involving moral turpitude.”
He also explained that “the finality of an Ombudsman decision depends if the respondent is absolved or sentenced to suffer the penalty of censure/reprimand/suspension of not more than one month or fine equivalent to one month’s salary.
The very fact that the OMB or Ombudsman rules provide for a remedy of appeal for other cases not enumerated only sustains the view that NOT all executory decisions of the Ombudsman are immediately final; otherwise, there would be no point to their appealable nature,” that “in all other cases, therefore, the Ombudsman’s decision is executory, but never final, at least until the 15-day period to file an appeal with the Court of Appeals has lapsed.”
Mayor Mike considers his petition “of transcendental importance as it has an impact on the constitutional rights to suffrage of the electorate and the affected candidate’s rights to electoral process, a presumption of innocence, due process, among others.”
Joining prayers for the Supreme Court to decide fairly, soonest.