CEBU CITY – The bid of dismissed Mandaue City Mayor Jonas Cortes to return to the City Hall next year has suffered a major blow.
The Commission on Elections (Comelec) Second Division canceled Cortes’ Certificate of Candidacy (COC) for material and false representation.
The cancellation of Cortes’ COC stemmed from the petition filed by lawyer Ervin Estandarte, who said that Cortes committed a serious act of misrepresentation when he checked the box in the COC that states “I am eligible for the office I seek to be elected to.”
Cortes wrote “N/A” or not applicable on the question asking the candidate to disclose and indicate the case docket, case title, date filed, and status of any case against him.
Cited in the petition is also the portion stating that “the facts stated in the certificate of candidacy are true to the best” of his knowledge.
According to Estandarte, Cortes, who filed his COC on Oct. 4, “knowingly refused” to disclose that he was dismissed from service by the Ombudsman, and received the dismissal order on Oct. 3. His failure to disclose this in his COC, added Estandarte, makes Cortes’ “oath under question where he swore in his COC that he will obey the laws, legal orders, and decrees promulgated by the duly constituted authorities.”
The Comelec granted the petition of Estandarte, citing Sections 74 and 78 of the Omnibus Election Code. Section 74 provides that the COC “shall state that the person filing it is announcing his candidacy for the office stated therein and that he is eligible for said office.”
Section 78 states that “A verified petition seeking to deny due course or to cancel a certificate of candidacy may be filed by the person exclusively on the ground that any material representation contained therein as required under Section 74 hereof is false.”
The Second Division also cited Section 1 of Comelec Resolution No. 11046 “which requires only a singular ground in the filing of Petitions for Denial of Due Course to or Cancellation of COC.”
According to the Comelec, elements needed to warrant the cancellation of a COC includes falsity, deliberate attempt to mislead, misinform, or hide a fact or intention to deceive, and material misrepresentation, which refers to the qualification for elective office.
The Comelec Second Division ruled that Cortes materially misrepresented in his COC that he is eligible, and falsely claimed eligibility despite his dismissal.
“Respondent’s declaration in his COC, which constitutes his qualifications for Mayor is material and false, considering he misrepresented the fact that he is no longer qualified to run for office…Respondent signed his COC and subscribed and sworn to the veracity of his declarations therein, indicating that his false representation is deliberate, and will effectively misled the electorate on his qualification as Mayor of Mandaue City, Cebu,” the Comelec said.
Cortes vowed to challenge the Comelec decision, describing it a “big mistake.”
He said that his dismissal case is still under appeal, making the Comelec order invalid.
Cortes was dismissed from service for allowing a batching plant in Mandaue to operate without permits.
He said moves to disqualify him from next year’s election are politically motivated.
“Tumong nila nga tangtangon ko sa lista sa mga kandidato. Tumong nila nga karon palang, wa nay kontra ang akong kaatbang. Apan, dili ko malatugot runi. Akong hutdon ang tanang paagi aron makuha nato ang hustisya (Their purpose is to remove me from the list of candidates. Their purpose is, as early as now, my opponents will not have challengers. We will not allow this. We will exhaust all remedies to attain justice),” Cortes said.