DESPITE the junking of their appeal by the Court of Appeals (CA) to stop the Ombudsman’s dismissal order, the camp of former Mandaue City mayor Jonas Cortes remains hopeful for a favorable ruling from the Supreme Court.
In a statement, Cortes’ camp said they await the Supreme Court's decision on the petition and trust in its impartiality and wisdom to uphold the rule of law.
"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," they said.
The CA Fifth Division denied Cortes’ petition for a temporary restraining order (TRO) and writ of preliminary injunction against the Ombudsman’s decision. The court ruled that Cortes failed to demonstrate "extreme urgency and paramount necessity" for such relief.
“There is no clear showing that the petitioner has sufficiently alleged a clear and unmistakable right, and that there is extreme urgency and paramount necessity for a temporary restraining order and/or writ of preliminary injunction to be issued,” read the resolution signed by Justices Ramon Cruz, Tita Marilyn Payoyo-Villordon, and Emily San Gaspar-Gito.
The Ombudsman had earlier found Cortes guilty of grave misconduct for allegedly allowing a cement batching plant in Barangay Labogon to operate without the required business, sanitary, and environmental permits.
Complaints from residents Ines Corbo Necesario and Julita O. Narte, filed in October 2022, highlighted health issues stemming from the plant's operations.
The penalties imposed on Cortes included dismissal from service, cancellation of eligibility, forfeiture of retirement benefits, and perpetual disqualification from holding public office.
While his appeal to the CA failed, Cortes has turned to the Supreme Court to seek a status quo ante order reversing the Commission on Elections’ (Comelec) decision canceling his certificate of candidacy for the May 2025 midterm elections.
Cortes’ legal team insists the Ombudsman’s sanctions violated his constitutional right to due process.(MyTVCebu)