Fate of 2 dismissed Cebu mayors up to Comelec
CEBU CITY—The Commission on Elections in Central Visayas (Comelec-7) is leaving it to their head office to decide on the fate of the political careers of two dismissed mayors in Cebu.
The certificates of candidacy (COCs) for fresh mandate of dismissed mayors Michael Rama of Cebu City and Jonas Cortes of Mandaue City would be submitted to Comelec central office for its consideration, said acting Elections regional director Francisco Pobe.
Pending advice from the Comelec central office, he said Comelec-7 would deem as valid the COCs filed by Rama and Cortes for the midterm elections in May next year.
“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.
The Office of the Ombudsman ordered Rama dismissed after he was found guilty of nepotism and grave misconduct for appointing his two brothers-in-law to City Hall posts.
Cortes, on the other hand, was found guilty by the Office of the Ombudsman of grave misconduct for allowing a cement batching plant to operate without necessary business and environmental permits.
The dismissal orders, which carried a penalty of perpetual disqualification from holding public office, were made public on Oct. 3.
At that time, Rama had already filed his COC to regain his post as mayor of Cebu City.
Cortes, who was also seeking a fresh mandate, filed his COC on Oct. 4.
Supreme Court petitions
The two filed separate petitions for certiorari and prohibition before the Supreme Court, questioning the constitutionality of a Comelec resolution that mandates the cancellation of all COCs of candidates who had been slapped with penalty of disqualification by the Ombudsman.
Rama said in his petition that Comelec Resolution 11044-A expanded the powers of the Comelec “because such motu proprio cancellation of COCs, vis-a-vis decision of the Ombudsman, only applies to executory judgments that have attained finality.”
Both Rama and Cortes asked the Supreme Court to issue a temporary restraining order or a writ of preliminary injunction that would stop the Comelec from cancelling their COCs while the petitions were being heard.
