CA clears Cortes of admin raps

Local

FORMER Mandaue City Mayor Jonas Cortes announced on Thursday, May 21, that the appellate court had twice ruled in his favor in connection with the administrative complaint tied to the operations of Suprea Phils. Development Corp. in Barangay Labogon.

In a public statement, the former mayor said the Court of Appeals reversed the Ombudsman’s September 2024 ruling that found him guilty of grave misconduct and ordered his dismissal from service.

The court later affirmed that ruling in a May 7, 2026 resolution after denying motions for reconsideration and supplemental motions seeking to revive the case.

“Two decisions. Two careful examinations of the facts. One consistent conclusion: truth matters, fairness matters, and justice matters,” Cortes said.

The appellate court’s decision effectively nullified the Ombudsman ruling that had imposed some of the heaviest administrative penalties against the former mayor, including dismissal from service, perpetual disqualification from holding public office, cancellation of civil service eligibility, and forfeiture of retirement benefits.

In its recent decision, the Fifth Division of the Court of Appeals said the Ombudsman failed to establish substantial evidence showing that Cortes acted with corruption, bad faith, or deliberate intent to violate the law.

“Viewed against the foregoing factual backdrop, the petitioner’s actions cannot be viewed as grave misconduct, or even misconduct at the very least,” the court said in the ruling.

“To repeat, grave misconduct is defined as the transgression of some established and definite rule of action, more particularly unlawful behavior or gross negligence by a public officer coupled with the elements of corruption, willful intent to violate the law or disregard established rules,” it added.

The court further ruled that in the absence of proof showing Cortes acted with corrupt motives or intent to gain profit, he could not be held administratively liable for misconduct.

The case stemmed from complaints filed in 2022 against the operations of the SUPREA cement batching plant, which residents claimed operated without key permits and allegedly caused environmental and health concerns in nearby communities.

Complainants accused Cortes of failing to shut down the facility despite its lack of business, sanitary, and environmental permits between 2020 and 2022.

The Ombudsman later ruled that Cortes had a “duty to act” but deliberately failed to issue a cease-and-desist order against the company.

Apart from the administrative complaint, the Ombudsman also pursued criminal charges against Cortes for alleged violation of Section 3(e) of Republic Act No. 3019, or the Anti-Graft and Corrupt Practices Act, arguing that the former mayor gave unwarranted benefits to the company by allowing it to continue operations.

Records showed the Ombudsman denied Cortes’ motion for reconsideration on the criminal aspect of the case in February 2025.

The administrative case also triggered political repercussions that reshaped the 2025 Mandaue City elections.

Following the Ombudsman’s dismissal order, the Commission on Elections’ First Division canceled Cortes’ certificate of candidacy in December 2024, ruling that he committed material misrepresentation when he declared himself eligible to run despite the perpetual disqualification imposed against him.

However, the Supreme Court later issued a temporary restraining order that prevented the Comelec from enforcing the cancellation, allowing Cortes to remain on the ballot in the May 2025 elections.

Cortes eventually lost the mayoral race to Thadeo Ouano by more than 7,000 votes.

He later filed an election protest alleging irregularities in the automated election system, including supposed discrepancies in vote counts and what he described as “intrinsic fraud” involving election software.

Although the Commission on Elections dismissed the protest in January 2026 for lack of evidence, the Supreme Court subsequently took up the case for review and ordered respondents to comment on Cortes’ petition.

In his statement, Cortes thanked supporters who continued to stand by him throughout the legal battle.

“To all those who continued believing in me, standing beside me, praying for me and with me, and refusing to lose faith despite difficult times, gikan sa kina-ilawman sa akong kasing-kasing, daghang salamat (from the depths of my heart, thank you very much),” he said.

He also expressed gratitude to the magistrates who handled the case.

“I likewise express my deepest respect to the Honorable Justices of the Court of Appeals who discharged their duties with fidelity to law, principle, and justice,” Cortes added.(TGP)