CEBU CITY – As far as the Commission on Elections-Central Visayas (Comelec-7) is concerned, the Certificate of Candidacy (COC) of dismissed Mandaue City Mayor Jonas Cortes is already cancelled.

CORTES (FB)

Comelec-7 chief Francisco Pobe issued the clarification to rectify a local newspaper report where he seemed to have contradicted a Comelec en banc decision cancelling Cortes’ COC with finality.

“The case pending by reason of appeal to Supreme Court means his COC will be on status quo,” Pobe was quoted in the report.

On Monday, Jan. 6, Poble clarified that Cortes’ COC is already considered cancelled after the Comelec en banc issued a Certificate of Finality, making its decision to cancel Cortes’ COC final and executory.

Pobe claimed he was misquoted in the report. “As far as the Comelec is concerned, since there is already a Certificate of Finality, his COC is already cancelled,” said Pobe.

As to whether Cortes’ name will still be included or not in the ballot as a mayoral candidate, Pobe said “it remains to be seen.”

“We have not received a word from our head office yet. We will just wait for the release of the official list of candidates,” said Pobe.

The Certificate of Finality and Entry of Judgment signed by Clerk of the Commission Genesis M. Gatdula cites the 1993 Comelec Rules of Procedure. 

“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," the Comelec en banc decision said.

The Comelec ordered the cancellation of Cortes’ COC for material misrepresentation.

Lawyer Ervin Estandarte filed a petition seeking the cancellation of Cortes’ COC after he failed to disclose in his COC that the Office of the Ombudsman had ordered his dismissal from public service.

The dismissal order stemmed from charges that were filed against Cortes for allowing a batching plant to operate in Mandaue without necessary permits.

Cortes has filed a petition for certiorari before the Supreme Court seeking an injunction, a status quo ante order, and the nullification of Comelec’s cancellation of his COC. 

In issuing the certificate of finality, the Comelec en banc also asked its law department to further look into the case.

“Let the records of the case be forwarded to the Law Department of this Commission for the conduct of preliminary investigation relative to the election offense aspect of this case,” the Jan. 3 decision said.