CEBU, PHILIPPINES — The Court of Appeals (CA) has reaffirmed its earlier decision that cleared former Mandaue City mayor Jonas Cortes of administrative liability for allowing a cement batching plant to operate in Barangay Labogon despite posing serious health risk to the nearby community.
In a resolution promulgated on May 7, 2026, the CA Fifth Division denied the motion for reconsideration, supplemental motion for reconsideration, and second supplemental motion for reconsideration filed by the respondents, Ines Corbo Necesario and Julita Narte, citing lack of merit.
“WHEREFORE, premises considered, the Motion for Reconsideration, Supplemental Motion [for Reconsideration] and Second Supplemental Motion for Reconsideration filed by the respondents are DENIED,” the resolution stated.
The ruling effectively upheld the appellate court’s July 25, 2025 decision that reversed the Office of the Ombudsman’s finding of grave misconduct against Cortes and ordered the dismissal of the administrative complaint.
The case stemmed from allegations that Cortes allowed Suprea Phils., a cement batching plant in Barangay Labogon, to operate without the necessary permits from 2020 to 2022.
Necesario and Narte filed the administrative complaint on October 17, 2022, claiming that the plant’s operations posed health risks and caused disturbances to nearby communities. They also accused Cortes of failing to issue a cease-and-desist order, allowing the facility to continue operating despite residents’ concerns.
In its earlier ruling, the CA held that Cortes’ actions “cannot be viewed as grave misconduct, or even misconduct at the very least.”
The appellate court emphasized that grave misconduct requires not only a violation of established rules but also proof of corruption, willful intent to violate the law, or a flagrant disregard of established regulations.
According to the CA, there was no substantial evidence showing that Cortes acted with corrupt motive or sought personal gain, making him not administratively liable for grave misconduct.
“WHEREFORE, premises considered, the Petition for Review is GRANTED, and the Decision dated September 26, 2024 of the Office of the Ombudsman, in OMB-V-A-MAR-23-0037, is REVERSED and SET ASIDE. The administrative complaint docketed as OMB-V-A-MAR-23-0037 is DISMISSED for lack of merit,” the court said in its July 2025 decision.
Criminal Case Pending
Despite the favorable ruling in the administrative case, Cortes continues to face a related criminal case.
The Ombudsman earlier found probable cause to indict him for alleged violations of Republic Act 3019, or the Anti-Graft and Corrupt Practices Act, in a resolution dated September 26, 2024, which was affirmed on Nov. 11, 2024.
Following the finding of probable cause, an information was filed before the Regional Trial Court in Mandaue City, with recommended bail set at P90,000.
The criminal complaint stems from the same allegations raised by Necesario and Narte regarding the operations of the Suprea batching plant.
In a statement issued after the CA’s latest ruling, Cortes expressed gratitude and renewed confidence in the justice system.
“With humility, gratitude, and renewed faith in truth and justice, I wish to share an important development regarding the administrative case filed against me,” he said.
Cortes noted that the appellate court had ruled in his favor twice in what became publicly known as the “SUPREA case.”
“Two decisions. Two careful examinations of the facts. One consistent conclusion: truth matters, fairness matters, and justice matters,” he said.
He thanked supporters, family members, friends, colleagues and fellow Mandauehanons who stood by him throughout the legal proceedings.
The former mayor also acknowledged the Court of Appeals justices for what he described as their fidelity to law and justice.
Cortes said the experience strengthened his patience and resilience, adding that public service means remaining steadfast through challenges.
“My commitment remains unchanged. To serve. To work. To continue fighting for what is right,” he said.
| Written by Kristin De Dios, Mitchelle L. Palaubsanon & CNU intern Daniela Medina/FPL
