Supreme Court halts Comelec's disqualification of Mandaue, Cebu, Albay officials

MANILA, Philippines — The Supreme Court has issued a temporary restraining order against the Commission on Elections' (Comelec) move to disqualify three officials, both current and former, from participating in the elections.

At a press conference on Tuesday, October 22, Supreme Court spokesperson Camille Ting said the high court has issued a restraining order on the Comelec resolution that disqualifies Mandaue City Mayor Jonas Cortes, former Albay Governor Noel Rosal and Cebu City Mayor Michael Rama from running in the upcoming 2025 polls.

“The Court ordered that the cases be consolidated. It also issued a restraining order against the Comelec, which was ordered to comment on the petitions within a non-extendible period of 10 days from receipt of notice,” Ting said. 

The officials were previously barred from public office by the Office of the Ombudsman, an accessory penalty of their dismissal.

“Rosal, Rama, and Cortez are alleging that the Ombudsman's decision against them is not yet final and executory because it is still subject to appeal,” Ting said in a mix of English and Filipino. 

Philstar.com has asked Comelec Chairman George Garcia for a comment about the matter, but he has yet to reply. 

Case of Cebu City Mayor Michael Rama

Rama was found guilty of nepotism and grave misconduct by the Ombudsman in an order dated October 2. 

The case against Rama was filed on Feb. 28, 2023, by Jonel Saceda, also known as Inday Josa Chiongbian Osmeña. 

Besides accusing him of nepotism, Saceda also charged Rama with grave misconduct, and graft and corruption for allegedly hiring two of his wife’s brothers to work at Cebu City Hall.

Osmeña argued that Rama appointed his brothers-in-law, as casual employees in the city government. Both are siblings of Rama's second wife, Marilou Gimenez Mandanat-Rama.

Following the May 2022 elections and Rama's return as mayor, he reappointed his brothers-in-law to the same positions for the period from July 1 to Dec. 31, 2022.

Case of Mandaue City Mayor Jonas Cortes

The case against Cortes, originated from an administrative complaint filed by Ines Necesario and Julita Narte on Oct. 17, 2022.

The complaints accused Cortes of allowing the continued operation of SUPREA Phils. Development Corp., a concrete batching plant located in Mandaue City. 

The plant reportedly operated from 2020 to 2022 without the necessary business permit, sanitary permit and environmental clearance.

According to the Ombudsman, its operations allegedly caused health risks and disturbances to nearby residents, yet Cortes reportedly did not issue a cease-and-desist order, permitting the plant to continue its business. 

Additionally, Cortes' misconduct was evident in his failure to stop the plant’s operations, despite its lack of permits and his refusal to act on the recommendations of the Mandaue City Environment and Natural Resources Office as early as 2020, according to the Ombudsman. 

Case for former Albay Governor Noel Rosal

Rosal’s case originated from alleged unlawful appointments and reassignments of several employees after the May 2022 elections.

The suspension of Rosal resulted from a complaint filed by Adrian Loterte in November 2022. 

Loterte accused the governor of unjustly transferring three provincial capitol officers shortly after taking office.

Loterte also claimed that the Rosals appointed a certain person as the officer-in-charge of the provincial engineer's office and as chairman of the bids and awards committee. 

According to the complaint, these actions violated the implementing rules and regulations of the Government Procurement Reform Act. — with reports from the STAR/ Elizabeth Marcelo and the Freeman