Ben Madilynn
THE Court of Appeals has denied former Mandaue City mayor Jonas Cortes’ request for a temporary restraining order (TRO) and injunction against the Ombudsman’s dismissal order and lifetime public office ban.
This decision is separate from the petition Cortes filed before the Supreme Court, where he sought to reverse the decision of the Commission on Elections (Comelec) to cancel his certificate of candidacy (COC) for the May 12, 2025, midterm elections.
In his petition to the Supreme Court, Cortes sought urgent relief, including a status quo ante order to reinstate his eligibility to run for office.
On the other hand, the CA, in a resolution promulgated on Dec. 19, 2024, emphasized that Cortes failed to demonstrate the necessity for the issuance of injunctive relief, which would have temporarily stopped the enforcement of his dismissal.
The CA case arose from the October 2024 Ombudsman’s dismissal order of Cortes based on the complaint filed by respondents Ines Corbo Necesario and Julita O. Narte in Oct. 2022.
Cortes’ petition was aimed at stopping the Ombudsman from enforcing its Sept. 26, 2024, decision, which included several penalties: the dismissal from service, cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification from re-employment in government service.
Cortes’ legal team argued that the sanctions imposed by the Ombudsman violated his constitutional rights, including his right to due process.
However, the CA Fifth Division, led by Associate Justice Ramon A. Cruz, ruled that Cortes had not met the requirements necessary for granting a TRO and writ of preliminary injunction.
In its decision, the CA said that there was no “extreme urgency and paramount necessity” to grant the temporary restraining order Cortes requested.
The court explained that for such relief to be granted, there must be a clear and unmistakable right to be protected, an extreme urgency, and no other adequate legal remedy available.
Along with the resolution, the court directed Necesario and Narte to file a comment within 10 days of receiving the notice, and Cortes was granted the opportunity to file a reply within five days after receiving the comment.
In addition to his CA petition, Cortes sought the Supreme Court’s intervention to stop the Commission on Elections’ disqualification ruling, which the high court granted.
The Ombudsman found Cortes guilty of grave misconduct for allowing the continued operation of Suprea Phils. Development Corp., a cement batching plant, without the required business and environmental permits.
In lieu of the CA’s decision, the camp of the former mayor opted to wait for the decision of the Supreme Court on the matter.
Cortes’ camp reiterated their trust in the impartiality and wisdom of the SC in upholding the rule of law.
The statement from the Cortes camp also emphasized their commitment to the people of Mandaue and their hope that the judicial process would reflect principles of justice and fairness.
“As we move forward, we remain steadfast in our commitment to serving the people of Mandaue, hopeful that the process reflects the principles of justice and fairness,” the statement read. / CAV
