Rama goes to Supreme Court to contest COC cancellation

Local

DISMISSED Cebu City Mayor Michael Rama has filed a petition before the Supreme Court, seeking to stop the Commission on Elections (Comelec) from canceling his certificate of candidacy (COC) as he seeks reelection.

The petition for certiorari and prohibition was filed on Monday, October 7, in response to a Comelec resolution that enforced a disqualification order based on an Ombudsman decision, despite the case still being under appeal.

Rama's petition asserts that Comelec has overstepped its authority by attempting to disqualify him before the Ombudsman’s decision has become final and executory.

The Comelec had issued Resolution No. 11044-A last September 4, which allows for the cancellation of COCs for candidates who have been issued a dismissal order by the Ombudsman, even if the decision is still under appeal.

In his petition, Rama argues that the Comelec’s actions violate the separation of powers and undermine the rule of law.

“The Comelec cannot, in the guise of enforcing and administering election laws, validly impose qualifications on candidates in addition to what the Constitution and the law prescribe,” Rama said in the filing.

He pointed out that his appeal of the Ombudsman’s ruling has yet to be resolved, and thus the penalty of perpetual disqualification should not yet apply.

Rama also called on the Supreme Court to issue a status quo ante order, which would prevent Comelec from implementing its resolution until the high court has ruled on the matter.

According to Rama, the Comelec has committed a grave abuse of discretion by treating the Ombudsman’s decision as final before it has gone through the complete appeals process.

He emphasized that the Comelec’s actions undermine his right to due process and the right of the electorate to vote for the candidate of their choice.

Rama's legal team is asking the Supreme Court to conduct a special raffle of the petition to ensure its immediate review.

A special raffle is a court process that assigns urgent cases to specific justices for immediate attention.

The outcome of this petition could determine whether Rama remains eligible to run for re-election as Cebu City mayor in the 2025 elections.

The suspended mayor, who has held office in Cebu City for multiple terms, was dismissed by the Ombudsman on a nepotism charge involving the hiring of two brother-in-laws in city government positions.

Rama has consistently denied the allegations and is contesting the Ombudsman’s decision.

He filed his certificate of candidacy for the 2025 elections just days before Comelec issued its resolution, which directly affects his eligibility to run for office.

Meanwhile, in reports by national media, election lawyer Atty. Romulo Macalintal also questioned the recent Comelec resolution.

“As a matter of fact, even in past elections, the Comelec’s power to administratively cancel a CoC is limited to final conviction in criminal cases with the accessory penalty of perpetual disqualification, and was never applied to administrative cases decided by the Ombudsman while pending appeal," he said.(MyTVCebu)