Two governors in Mt Province by June 30

Lacwasan not backing down; perjury charges filed vsvMayaen-Luis 

By Roger Sacyaten

BONTOC, Mountain Province – Provincial folks urged the Commission on Elections to rule before June 30 on the disqualification case filed against lawyer Kathy JyllMayaen-Luis who was proclaimed governor by the provincial board of canvassers or the province will be in a “state of chaos.”

This, considering this province will have two provincial governors by that time if the Comelec fails to act on the controversy with dispatch

It was learned that BonifaciovLacwasan Jr. will take his oath as vice governor then as governor while Kathy Jill Mayaen, daughter of the late Gov. Leonard Mayaen, is expected to also take her oath as governor despite the legal suits.

The late Gov. Leonard Mayaen died March 31 due to cardiac arrest after filing his candidacy for governor in the May polls.

Lacwasan said he will sit as provincial governor unless the Comelec acts on the matter. 

Perjury charge filed

In latest development, for filing her statement of contributions and expenditures (SOCE) despite her denied candidacy by the Comelec, Mayaen-Luis was charged with perjury for allegedly incurring unauthorized expenses.

Registered voter VirgiliovPasking in a petition filed at the Comelec said Mayaen-Luis submitted a “self-incriminating” SOCE where she stated under oath that she is a candidate for governor during the May 9 elections.

Registered voter VirgiliovPasking in a petition filed at the Comelec said Mayaen-Luis submitted a “self-incriminating” SOCE where she stated under oath that she is a candidate for governor during the May 9 elections.

Pasking said Mayaen-Luis incurred electoral expenses in the total amount of 149,999 without approval of the Commission despite her certificate of candidacy being null and void.

Mayaen-Luis filed her certificate of candidacy May 5 and admitted by Provincial Election Supervisor ElenitaTabangin-Capuyan but denied by Comelec May 7.

Comelec’s   reply to Mayaen’s candidacy was received by the Provincial Board of Canvassers May 10 but still, Mayaen-Luis was proclaimed as winning governor night of May 10 by the PBC.                 

En banc decides  substation illegal

Mayaen-Luis filed with the Comelec her certificate of candidacy to substitute for her late father Gov. Leonard Mayaen but the poll body’s en banc ruled this was illegal as the late governor ran as an independent.

The Comelec denied the candidacy of Mayaen-Luis basing its decision on Section. 77 of the Omnibus Election Code as implemented by Sec. 19 of Comelec Resolution No. 9984 as amended by Comelec resolution No. 9989 that an independent candidate cannot be substituted.

Lacwasan, who ran as vice governor and won last May polls assumed as governor before Mayaen-Luis was proclaimed.

Comelec regional director EderlinoTabilas earlier said in Baguio the proclamation of Mayaen-Luis stands unless the Comelec central office makes a ruling on the matter.

The PBC in their certificate of canvass of votes and proclamation of winning candidate of provincial governor proclaimed Leonard Mayaen who garnered 60,664 votes as winning candidate May 11 with no inserted statement  citing  Mayaen-Luis  as the substitute candidate.  

But the same PBC proclaimed Mayaen-Luis  as governor by raising her  hand during the proclamation proceedings May 10. 

Special elections

Comelec chairman Andres Bautista earlier said special elections for the gubernatorial post of Mountain Province would be scheduled after the May elections even as groups called for the transfer of Capuyan-Tabangin.

Lacwasan urged provincial constituents to follow the mandate of the law amidst the controversy on the governorship.

Rule of law

In his message during the Independence Day program last June 12, Lacwasan said: “We have to follow the mandate of the law. The rule of law should be allowed to take its course in the settlement of the (gubernatorial) problem.

In a follow up interview, he correlated his statement to spirit and significance of Independence Day celebration. “As during the Spanish time, claim of injustices may become prevalent now if we do not follow the law”, he said, adding he is within the bounds of law as duly elected vice governor to assume as governor.

“Since there is vacancy in the position of the governor, the Vice Governor should take over,” he said.

Pressed for elaboration, he connected his remarks with the controversy over the position of provincial governor between him and Mayaen-Luis.

Substitution illegal

The Comelec en banc denied her petition for substitution but despite the denial, she was proclaimed winner in the just concluded election.

The law governing substitution, particularly Section 77 of the Omnibus Election Code and Section 19 of Comelec Resolution 9984 as amended by Resolution 9989 provides that substitution is not allowed for independent candidate.

This development has spawned controversy as the camp of Lacwasan and other quarters filed petitions with the Comelec questioning the proclamation of Mayaen-Luis seeking the reversal or nullification of her proclamation. 

  

No decision yet on proclamation

To this date, no decision has been issued by the Comelec on the petitions filed by the camp of Lacwasan and youth groups such as the Makabayan Mountain Province and the Montanyosa Youth Forum for Credible Elections, among other individuals.

Provincial folks said the non-issuance of a decision on the matter by the Comelec would lead to chaos and confusion for the people and provincial employees who are apprehensive of the prolonged anxiety amidst fear that there will be two governors on June 30.

Lacwasan said he hoped the impasse will be resolved, adding he is hoping a decision will be out soon to normalize the situation and not affect the delivery of public service.

Asked for his comment if even with or without the decision for nullification of the proclamation and Mayaen will still insist on assuming the governorship, he said there would be a problem and chaos at the provincial capitol.

He said he hoped that will not happen.

MP officials call for unity

He and other speakers, Vice Gov. Francis Tauli and lawyer Maximo Dalog Jr., representing his father, Rep. MaximoDalog, called for unity and sharing in nation-building as the province gears up for progress and development in consonance with the theme - “Kalayaan 2016: Pakakaisa, Pagaambagan, Pagsulong”.

 Comment from the camp of Mayaen-Luis was not secured as of press time.

Rep. Dalog had been consistent in his pronouncements on many occasions to let the Comelec and higher authorities decide on the issues distancing himself from the controversy on who should assume as governor of the province.