Despite denial of TRO request: Cortes remains eligible to run

CEBU, Philippines — The Court of Appeals' (CA) recent denial of a temporary restraining order (TRO) and a writ of preliminary injunction (WPI) does not affect the eligibility of former Mandaue City mayor Jonas Cortes to run for office in the upcoming midterm elections.

This was the opinion of City Administrator Atty. Jamaal James Calipayan following the appellate court’s denial of Cortes’ plea to prevent the Ombudsman decision suspending him for one year without pay from being implemented. 

“Wala ni siyay effect sa candidacy ni Mayor (Cortes), walay effect sa TRO nga gi-issue sa Supreme Court, Mayor (Cortes) can still run,” Calipayan told reporters.

In fact, Calipayan emphasized that Cortes could still be proclaimed if he wins the election.

“In fact, ang Supreme Court mismo niingon nga pwede siya padaganon. So unsa may gamit kung pwede siya mudagan unya di siya pwede i-proclaim og mudaog siya,” he added.

The Supreme Court en banc issued a TRO on October 22, 2024, against the Commission on Elections' (Comelec) order disqualifying Cortes from the May 2025 elections. The high court directed Comelec to halt the implementation of the disqualification order while it reviews the case.

Calipayan clarified that the appellate court’s denial of a TRO does not impact the main case, which is the administrative case against Cortes still pending before the Court of Appeals. He explained that the TRO request was merely a precautionary measure included in their petition for review, filed in November 2024 after the Office of the Ombudsman denied Cortes’ motion for reconsideration.

After the anti-graft office denied their motion for reconsideration to overturn Cortes’ one-year suspension, his legal counsel proceeded with a petition for review with prayer for the issuance of a TRO and WPI while the case is being deliberated upon.

However, in a decision promulgated on February 28, 2025, the Court of Appeals 12th Division, led by Associate Justice Emilio Rodolfo Legaspi III, with Justices Fe Marie Christine Azcarraga-Jacob and Raymond Reynold Lauigan concurring, denied the request for a TRO.

Calipayan noted that Cortes and his legal team had not yet received a copy of the decision and only learned about it through news reports on March 6, 2025. He reiterated that the denial of the TRO does not equate to a denial of the main case, which seeks a review of the Ombudsman’s suspension order.

The case against Cortes stems from a complaint regarding his 2022 appointment of Camilo S. Basaca Jr. as officer-in-charge of the Mandaue City Social Welfare Services Office.

The complainants argued that Basaca lacked the necessary qualifications for the role, as his degree in Office Administration did not meet the requirements of the Local Government Code. They also claimed that he did not have the required five years of experience in social work and was not a permanent government employee at the time of his designation.

On August 12, 2024, the Ombudsman found Cortes guilty of Grave Misconduct and Conduct Prejudicial to the Best Interest of the Service. While the usual penalty for Grave Misconduct is dismissal, the Ombudsman instead imposed a one-year suspension, citing the absence of corruption in Cortes’ actions.

CA ruling anticipated

Calipayan said that Cortes’ legal team had anticipated the Court of Appeals' decision to deny the TRO, believing it was not the appropriate time for the court to issue a restraining order on the Ombudsman’s penalty.

“So, we wanted to put the Temporary Restraining Order as part of our provisional remedy,” he explained.

With the Petition for Review still pending, Calipayan expects the Court of Appeals to issue a ruling soon, given that it was filed in November 2024. He also revealed that in January 2025, the court directed the other party to respond to the petition, indicating progress in the case.

“Hopefully, if matubag nato. Kung makafile na sila sa ilang answer sa petition for review then if wala nay other orders ang CA for them to file a memorandum, it could be right for decision already,” Calipayan stated.

As a lawyer following the case, he expressed confidence that the Ombudsman’s decision could be overturned.

“Kami confident mi with what we have with the facts and with the legal basis that we have for our appeal nga makakita pod og wisdom ang atoang mga courts ani,” he said, adding that if the decision is unfavorable, they are prepared to elevate the matter to the Supreme Court.

Second case and implications

In October 2024, a second charge of Grave Misconduct was filed against Cortes. As it was considered a second offense, the penalty escalated from suspension to dismissal. Calipayan claimed that the timing and handling of the cases suggested a strategic effort to justify Cortes’ removal from office.

“Importante kaayo ni ang first case nga ma-dismiss ni siya kay kumbaga duha ka tiil ug ma-dismiss ni ang first case, kimpang na, wala na ni basis nga ma-dismiss si Mayor (Cortes),“ he said.(CEBU NEWS)