The Commission on Elections (Comelec) First Division has dismissed the election protest filed by former Mandaue City mayor Jonas Cortes against incumbent Mayor Thadeo Jovito “Jonkie” Ouano, citing failure to meet mandatory form and content requirements.
In a seven-page order dated January 29, 2026, the poll body ruled that Cortes’ petition did not comply with Section 7(g), Rule 6 of Comelec Resolution No. 8804, as amended.
The provision requires a detailed specification of the acts or omissions allegedly constituting electoral fraud, anomalies, or irregularities.
Cortes filed his protest on May 23, 2025, seeking a manual recount and revision of ballots, as well as a technical examination of election documents across all 271 clustered precincts in Mandaue City.
He alleged discrepancies between voter turnout and valid ballots, irregularities in automated counting machines (ACMs), issues with Voter Verifiable Paper Audit Trail (VVPAT) receipts, and other anomalies during voting, counting, and transmission.
The Comelec noted that many of Cortes’ claims involved routine technical incidents in automated elections, such as re-feeding rejected ballots, machine cleaning for paper jams, and troubleshooting by certified personnel.
It also ruled that non-printing of VVPAT receipts does not automatically constitute election fraud.
Cortes failed to show that these incidents were widespread across all protested precincts.
The poll body added that alleged discrepancies between registered voters and actual voters had already been addressed in a May 21, 2025, press statement by the Comelec Spokesperson.
Ouano, in his verified answer, argued that the protest lacked both form and substance and did not demonstrate how the alleged irregularities could overturn his margin of victory.
After reviewing memoranda and hearing arguments from both parties, the Comelec concluded that the protest lacked the detailed factual allegations required by law, leading to its summary dismissal.
“For failing to comply with the mandatory form and content requirement of Section 7(g), Rule 6 of Comelec Resolution No. 8804, as amended, the instant Election Protest is hereby dismissed,” the order read. The ruling was signed by Presiding Commissioner
Aimee P. Ferolino, with Commissioners Ernesto Ferdinand P. Maceda Jr. and Maria Norina S. Tangaro-Casingal concurring.
Cortes said he will file a motion for reconsideration, expressing disagreement with the dismissal despite what he described as sworn testimonies and documented evidence of election irregularities.
He cited alleged machine malfunctions, rejected ballots, discrepancies in results, and VVPAT issues.
Pointing to a close margin of roughly 7,101 votes and over 20,000 ballots he considers questionable, Cortes stressed the need for a transparent manual recount.
“This is not about politics. This is about truth, accountability, and the right of every voter to be heard,” he said. (VCL)
Photos Cortes, Ouano/ Facebook
