The Court of Appeals Fifth Division has cleared former Mandaue City mayor Jonas Cortes of administrative grave misconduct charges, reversing a September 2024 ruling by the Office of the Ombudsman that dismissed him from public service and barred him from holding public office. In an eleven-page decision promulgated on July 25, 2025, the appellate court granted Cortes' petition for review, ruling that there was no substantial evidence showing that the former mayor acted with corruption, bad faith, or gross negligence in connection with the operations of a concrete batching plant in Barangay Labogon.
“In the absence of substantial evidence that Cortes was impelled by any corrupt or ill motive or intent to gain or profit, he could not be held liable for the offense of grave misconduct,” read a portion of the decision written by Associate Justice Ramon A. Cruz. The Ombudsman filed a motion for reconsideration asking the CA Fifth Division to reverse its decision, but the appellate court denied it in a resolution dated May 7, 2026.
Roots of the Legal Battle
The case stemmed from an October 2022 complaint filed by Barangay Labogon residents Ines Corbo Necesario and Julita O. Narte against Suprea Phils. Development Corp. The concrete batching plant operated close to homes, and neighbors raised alarms over constant noise, thick dust, and potential threats to health and the environment. They accused the facility of operating without the necessary business, sanitary, and environmental permits.
Complainants accused Cortes of failing to act on official recommendations from the Mandaue City Environment and Natural Resources Office to issue a cease and desist order against the plant. The dispute reflected a wider tension between enforcing environmental rules and allowing industrial operations to continue while companies work to comply with regulations.
By September 2024, the Office of the Ombudsman ruled against Cortes, finding him liable for grave misconduct, which refers to severe unlawful behavior or gross negligence by a public officer that involves corruption, personal gain, or a willful intent to violate rules. The anti-graft office held that Cortes' inaction constituted a severe neglect of duty, resulting in his dismissal from service and a permanent ban from holding public office.
However, the CA took a different view of these events, focusing on the strict legal standards required to establish administrative liability. The appellate court ruled that the Ombudsman failed to present substantial evidence of bad faith or corruption. Instead, records showed that Suprea complied with permit requirements from 2020 to 2022, paid its taxes, and secured the necessary clearances. City environmental officers later found the facility fully compliant after inspections and safety measures were implemented. In its final decision, the appellate court clarified that Cortes' actions cannot be viewed as grave misconduct, or even misconduct at the very least.
What's at Stake
The ruling also showed how administrative cases can affect local politics. After the Ombudsman disqualified Cortes, the Commission on Elections canceled his certificate of candidacy in December 2024, saying he falsely declared he was eligible to run. The Supreme Court later allowed him to stay on the ballot through a temporary restraining order, but Cortes still lost the May 2025 mayoral race to Thadeo Jovito “Jonkie” Ouano by more than 7,000 votes.
What We Don't Know Yet
Although the ruling cleared Cortes in the administrative case, his legal issues are not yet over. First, the public does not know the outcome of the criminal proceedings against him. The CA's decision on the administrative aspect of the case does not automatically resolve his criminal case; Cortes still faces charges before the Sandiganbayan after the Ombudsman found probable cause to indict him for violating Section 3(e) of the Anti-Graft and Corrupt Practices Act over the exact same batching plant.
Second, the final result of the 2025 election dispute is still pending. Cortes filed an election protest alleging “intrinsic fraud” in the automated voting software, which the Comelec dismissed in January 2026. However, the Supreme Court has ordered the winning candidates to comment on Cortes' petition for review.
In the coming months, public attention will shift to the Supreme Court's review of the election protest and the progression of the anti-graft criminal case. Cortes welcomed the appellate court's July 2025 decision and May 2026 resolution. “Two decisions. Two careful examinations of the facts. One consistent conclusion: truth matters, fairness matters, and justice matters,” he said. Cortes also thanked his supporters, saying, “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 kinailawman sa akong kasingkasing, daghang salamat (from the bottom of my heart, thank you very much).” “This experience has taught me patience. It has taught me resilience. More importantly, it has reminded me that public service is never about avoiding trials, it is about standing firm through them and continuing to serve despite them,” he said.
