CEBU CITY — The order cancelling the Certificate of Candidacy of dismissed Mandaue City Mayor Jonas Cortes is final and executory after the Commission on Elections en banc issued a Certificate of Finality and Entry of Judgment.
CORTES (FB)
A 1993 Comelec Rules of Procedures was cited in the issuance of the certificate.
Rules state that all decisions or resolutions of the Comelec en banc shall become final and executory after five days from its promulgation, unless restrained by the Supreme Court.
Cortes was served a copy of the resolution denying his motion for reconsideration last Dec. 27.
"No restraining order has been issued by the Supreme Court within five days from receipt of the parties of the resolution that would preclude the 27 December 2024 resolution of this Commission (en banc) from being final and executory," according to the Certificate of Finality signed by Commissioner Genesis Gatdula.
The Comelec cancelled Cortes’ COC for material representation. A lawyer filed a petition seeking the cancellation of the COC after the dismissed mayor failed to disclose about a dismissal order issued against him by the Ombudsman.
Cortes filed a petition for certiorari before the Supreme Court challenging the decision.
He questioned the Comelec’s issuance of Certificate of Finality and Entry of Judgment.
"Under established legal principles, a decision rendered by the Comelec en banc becomes final and executory upon the lapse of the five-day period prescribed by law, absent any injunction or restraining order issued by a higher court,” Cortes said in a statement on Saturday, Jan. 4.
Cortes also questioned the timing of the release of the order.
“It is deeply concerning, however, that the timing of the Comelec’s orders has made it extremely challenging to secure a Temporary Restraining Order within the prescribed timeline. Notably, the notice of the en banc decision was issued during the last hour of the last working day of the year, effectively leaving no opportunity to act, as government offices remained closed for the next five days. Such timing raises serious questions about fairness and due process, as it appears to have been calculated to prevent any immediate recourse to higher judicial remedies,” Cortes said.