DISMISSED Mandaue City Mayor Jonas Cortes yesterday asked the Supreme Court (SC) to stop the Commission on Elections (Comelec) from cancelling his certificate of candidacy (COC) and prohibiting him from running in the 2025 midterm and local elections.
In his petition for certiorari, prohibition and injunction, Cortes also asked the High Court to issue a temporary restraining order and/or preliminary injunction to stop the implementation of Comelec Resolution 1104-A cancelling his COC.
The Comelec resolution authorized the poll body to deny Cortes’ COC after his dismissal by the Office of the Ombudsman for grave misconduct related to his alleged decision allowing a batching plant to operate from 2020 to 2022 without the required business permit, sanitary permit, and environment clearance.
This despite the recommendations of the Mandaue City Environment and Natural Resources for its closure as early as 2020.
Cortes named Comelec chairman George Garcia and the other commissioners as respondents in his petition.
“It is unconstitutional to deny me the right to run as a candidate since the decision of the Office of the Ombudsman is not final and executory, and can still be appealed,” Cortes’ petition said.
The dismissed mayor earlier questioned the decision of the poll body, saying it violates his constitutional right to due process while also depriving the voters in Mandaue City of the right to choose who they want to lead the local government. Cortes filed his COC for mayor last Friday under the One Cebu party.
