The Court of Appeals in Manila has denied multiple motions seeking to overturn its ruling in favor of former Mandaue City mayor Jonas Cortes, effectively sustaining its earlier decision that cleared him of grave misconduct charges linked to the controversial operations of the Suprea cement batching plant in Barangay Labogon.
In a resolution dated May 7, 2026, the appellate court denied the Motion for Reconsideration, Supplemental Motion for Reconsideration, and Second Supplemental Motion for Reconsideration filed by the respondents, affirming its earlier ruling that reversed the Office of the Ombudsman’s decision dismissing Cortes from public service.
The Court of Appeals’ Fifth Division earlier overturned the Ombudsman’s September 2024 ruling, which found Cortes guilty of grave misconduct and imposed penalties that included dismissal from service, perpetual disqualification from public office, cancellation of civil service eligibility, and forfeiture of retirement benefits.
In its ruling, the appellate court said the Ombudsman failed to present substantial evidence showing 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.
It added that grave misconduct requires corruption, willful intent to violate the law, or disregard of established rules, noting that no evidence showed Cortes acted with corrupt motives or intent to gain.
The case stemmed from complaints filed in 2022 by residents Ines Corbo Necesario and Julita Narte, who alleged that Suprea Phils. Development Corp. operated a cement batching plant without business, sanitary, and environmental permits from 2020 to 2022 and caused environmental and health concerns in Barangay Labogon.
The Ombudsman earlier ruled that Cortes failed to act against the company despite its lack of permits and did not issue a cease-and-desist order.
With the latest denial of all motions for reconsideration, the Court of Appeals effectively sustained its ruling and upheld Cortes’ legal victory.
Cortes said the appellate court’s decisions represent a consistent finding in his favor after what he described as two careful examinations of the case.
“Two decisions. Two careful examinations of the facts. One consistent conclusion: truth matters, fairness matters, and justice matters,” he said.
In a statement, he also expressed gratitude to supporters who stood by him throughout the legal proceedings.
“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,” he said.
While the administrative case has been resolved in his favor at the appellate level, Cortes still faces separate criminal proceedings after the Ombudsman found probable cause to charge him with violation of Section 3(e) of Republic Act No. 3019 or the Anti-Graft and Corrupt Practices Act.
The case is linked to allegations that he allowed the continued operations of the Suprea facility despite permit issues, allegedly giving unwarranted benefits to the company.
The Ombudsman earlier denied his motion for reconsideration on the criminal aspect in February 2025, and he later sought bail before a Mandaue City court.
The controversy also had electoral implications after the Commission on Elections First Division canceled his certificate of candidacy in December 2024 due to alleged material misrepresentation, although the Supreme Court later issued a temporary restraining order allowing him to remain on the ballot.
Cortes eventually lost the 2025 mayoral race and later filed an election protest, which was dismissed by Comelec but is now under review by the Supreme Court. (VCL) (with Kaiser Jan Fuentes)
Photo courtesy of Jonas Cortes / Facebook
Comments