Cebu’s Rama, Cortes file CoCs, ask SC to stop dismissal order

CEBU CITY — Two mayors in Cebu have defied the Office of the Ombudsman that ordered them dismissed from the service and perpetually disqualified to hold public office.

Dismissed mayors Michael Rama of Cebu City and Jonas Cortes of Mandaue City filed their Certificates of Candidacy (CoC) to seek reelection.

Mayor Ramon Oñate of Palompon town in Leyte, who was also dismissed from the service by the Ombudsman, initially filed his CoC for a second term but later withdrew it.

Rama filed his CoC just hours before the dismissal order from the Office of the Ombudsman became public. Cortes, on the other hand, filed his CoC on the last day of filing on Oct. 8.

The dismissal orders for both Rama and Cortes were made public on Oct. 3.

Article continues after this advertisement

Rama was found guilty of nepotism and grave misconduct for appointing his two brothers-in-law to City Hall posts.

Article continues after this advertisement

On Oct, 7, Rama filed a Petition for Certiorari and Prohibition against the Commission on Elections (Comelec) at the Supreme Court to stop the poll body from implementing the Ombudsman’s order using Comelec Resolution 11044-A which mandates cancellation of all COCs of candidates who had been slapped with a disqualification penalty by the Ombudsman.

Rama said the Comelec resolution was unconstitutional as it expanded its powers “because such motu proprio cancellation of COCs, vis-a-vis decision of the Ombudsman, only applies to executory judgments that have attained finality.”

Like Rama, Cortes also went to the Supreme Court on Oct. 9 to seek relief and stop the poll body from enforcing the Ombudsman order.

He, too, questioned the constitutionality of the Comelec resolution and asked the high court to issue a temporary restraining order or a writ of preliminary injunction.

Cortes was found guilty by the Ombudsman of grave misconduct for allowing a cement batching plant to operate without business and environmental permits.

Lawyer Francisco Pobe, Comelec Central Visayas (Comelec-7) acting director, said the CoCs of Rama and Cortes remained valid since their office had not yet received an official order regarding their status.

“From Comelec’s point of view, their CoCs are legitimate unless we receive an advisory on the status of their candidacies. (In the) meantime, their CoCs are valid,” Pobe told the Inquirer.

As of Wednesday, Pobe said Comelec-7 had yet to receive a copy of the order on their dismissal from the service. Their office also didn’t receive any advisory from their central office, he added.

Pobe said they would submit the two CoCs to the Comelec central office, which would then decide on the fate of Rama and Cortes.

“We will submit their CoCs to Manila and it will be up [to the] Comelec (Central Office) to assess and evaluate vis-à-vis the decision of other (anti-graft office) in coming up with the resolution of their status,” Pobe added.

Leyte

In Leyte, Mayor Oñate avoided the legal tussle when he withdrew his reelection bid and let his 25-year-old daughter, Mary Dominique Oñate, run in his stead.

Oñate was one of the nine officials of Palompon ordered dismissed from service by the Ombudsman, who found them guilty of grave misconduct and serious dishonesty for purchasing fuel, oil, and lubricants worth about P57,000 for three unserviceable vehicles in 2021.

The decision stemmed from the complaint against Oñate when he was still vice mayor of Palompon. Oñate was elected mayor in 2022 and had plans to seek reelection.

Mary Dominique acknowledged that her candidacy was driven by what her family viewed as “political persecution” against her father.

“I never wanted this,” she confessed. “But sometimes, life calls us to fight battles we didn’t plan for. My father’s work in Palompon is not done, and I will see to it that his legacy is honored, not tarnished by those who owe him their very positions.”