Lawyer Ervin Estandarte confirmed to the members of the media the Certificates of Candidacy (COC) of dismissed Mandaue Metropolis Mayor Jonas Cortes the place he fails to reveal his pending dissmisal case.| Futch Anthony Inso
CEBU CITY, Philippines— Lawyer Ervin Estandarte insisted that dismissed Mandaue Metropolis Mayor Jonas Cortes’ failure to reveal his pending dismissal case on his certificates of candidacy (COC) for his reelection was a violation of the election legislation.
Earlier, Estandarte, a resident of Barangay Pagsabungan, Mandaue Metropolis, filed a disqualification petition towards Cortes earlier than the Fee on Elections (Comelec) on October 25, which seeks to cancel the dismissed mayor’s COC for alleged materials misrepresentation.
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Order dismissing Cortes below enchantment
In an interview, he emphasised that even when the order of the Ombudsman dismissing Cortes from public service is below enchantment, he ought to have disclosed the matter in his COC as a substitute of simply placing N/A (not relevant).
Lawyer Jamaal James Calipayan, Mandaue Metropolis administrator, earlier has defended Cortes following petitions that the dismissed mayor dedicated materials misrepresentation in his COC.
Based on Calipayan, Cortes didn’t commit any violation in his COC as a result of the dismissal shouldn’t be remaining.
Calipayan identified that “the COC explicitly requires candidates to reveal solely remaining and executory circumstances.”
Calipayan additionally confirmed that Cortes’ camp acquired the summon from the Comelec Second Division directing him to reply the disqualification petition filed by Estandarte.
“All questions requested within the COC are materials illustration. So he represented within the COC, on this explicit query, whether or not he has a case, what’s the docket quantity, title, date filed and standing. He was requested these questions, he ought to have answered them. Now, he positioned N/A, we all know N/A shouldn’t be relevant, which means this explicit query within the COC is ‘not relevant to me as a result of I’ve no case.’ Now, that may be a materials illustration which is fake,” stated Estandarte.
Materials misrepresentation
Estandarte stated Cortes dedicated materials misrepresentation and violated Part 78 of the Omnibus Election Code when he didn’t disclose the dismissal case.
The Ombudsman had ordered Cortes’ dismissal after he was discovered responsible of grave misconduct for permitting a batching plant to function in Mandaue with out mandatory permits.
Estandarte stated that disclosing pending circumstances is vital for candidates.
Estandarte stated had the previous mayor disclosed his dismissal case, the Comelec might have administratively cancelled Cortes’ COC.
Estandarte additionally didn’t agree with Calipayan’s argument that it was pointless to reveal the dismissal case towards Cortes because it was not but remaining and executory.
“We won’t speak in regards to the finality or non-finality of the case. Whether or not it’s remaining or not, Cortes didn’t disclose the case. He ought to have disclosed it as a result of it was requested of him within the COC. That’s the principle subject, it’s not about remaining or nothing is remaining,” stated Estandarte.
Estandarte stated Cortes was already conscious of the dismissal order because it got here a day earlier than he filed his COC.
“The one causes that he can cite why he answered N/A is he was insane or he answered it at gunpoint. Or he can say that he answered it in good religion however everyone knows that ignorance of the legislation excuses nobody,” Estandarte stated.
SC ruling cited
To show that Cortes dedicated grave offense, Estandarte cited a earlier ruling by the Supreme Courtroom (SC).
He stated that within the Tagolino vs. the Home of Representatives Electoral Tribunal case, the excessive tribunal dominated that “data supplied by a candidate in his COC can’t be taken calmly.”
“Ought to a candidate make false statements of a cloth illustration within the COC, his COC could also be cancelled or denied due course,” Estandarte stated, quoting the prevailing jurisprudence.
Estandarte additionally reiterated that politics had nothing to do together with his resolution to file a disqualification case towards Cortes.
“This isn’t politically motivated as a result of I’m a lawyer, nobody can dictate me what to do. I’m not a politician. I’m a resident of Mandaue, I’m a voter. I’m appearing as a involved citizen. And I noticed that if he has this temirity to not be trustworthy sufficient with the Comelec, what extra to the odd Mandauehanon,” stated Estandarte.
Apart from Estandarte, two different Mandaue residents have additionally filed the identical petition towards Cortes. The opposite petition filed additionally stemmed from Cortes’ faliure to reveal the dismissal case towards him.
Cortes is searching for reelection towards incumbent Provincial Board Member Jonkie Ouano.
After the Ombudsman ordered Cortes’ dismissal from service, the Comelec issued a decision disqualifying him from subsequent yr’s election.
Cortes, nonetheless, was capable of safe a Non permanent Restraining Order from the Supreme Courtroom towards the Comelec decision
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