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 in opposition to 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 underneath attraction
In an interview, he emphasised that even when the order of the Ombudsman dismissing Cortes from public service is underneath attraction, he ought to have disclosed the matter in his COC as an alternative 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.
In response to Calipayan, Cortes didn’t commit any violation in his COC as a result of the dismissal just isn’t ultimate.
Calipayan identified that “the COC explicitly requires candidates to reveal solely ultimate and executory instances.”
Calipayan additionally confirmed that Cortes’ camp obtained 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 just isn’t 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 instances is important for candidates.
Estandarte stated had the previous mayor disclosed his dismissal case, the Comelec may have administratively cancelled Cortes’ COC.
Estandarte additionally didn’t agree with Calipayan’s argument that it was pointless to reveal the dismissal case in opposition to Cortes because it was not but ultimate and executory.
“We is not going to discuss in regards to the finality or non-finality of the case. Whether or not it’s ultimate 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 primary situation, it’s not about ultimate or nothing is ultimate,” 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 Court docket (SC).
He stated that within the Tagolino vs. the Home of Representatives Electoral Tribunal case, the excessive tribunal dominated that “data offered by a candidate in his COC can’t be taken evenly.”
“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 along with his choice to file a disqualification case in opposition to 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 performing 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 abnormal Mandauehanon,” stated Estandarte.
Other than Estandarte, two different Mandaue residents have additionally filed the identical petition in opposition to Cortes. The opposite petition filed additionally stemmed from Cortes’ faliure to reveal the dismissal case in opposition to him.
Cortes is searching for reelection in opposition to 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, nevertheless, was in a position to safe a Non permanent Restraining Order from the Supreme Court docket in opposition to the Comelec decision
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