2 take oath as Mt Province governor

Comelec rules Lacwasan in, Mayaen-Luis out 

By Roger Sacyaten and Gina Dizon

BONTOC, Mountain Province – Two personalities took their respective oaths as governor of this province but the confusion on who should assume the position was cleared by the Commission on Elections who ruled on June 29 that Bonifacio Lacwasan, Jr., who ran for vice governor will assume as governor.   

Lacwasan took his oath as governor on June 30 before Judge Gaslito Dumpayan even as lawyer Kathy Jill Mayaen-Luis took her oath, also as governor before Mayor Franklin Odsey last June 28 at the Provincial Plaza here.

Following this, Lacwasan swore in number one winning provincial Board Member Francis Tauli July 1st  at the Sangguniang Panlalawigan Hall at the Provincial Capitol as acting vice governor.

Mayaen-Luis earlier filed with the Comelec a petition to substitute for her father Gov. Leonard Mayaen who ran for re-election unopposed  during the May elections but who succumbed to cardiac arrest during the campaign period on March 30.

The Comelec en banc ruled the substitution was illegal since the late governor ran as an independent candidate.

The Comelec in its May 7 ruling cited Section 77 of the Omnibus Election Code allowing substitution for a candidate belonging to a political party in case of death, resignation or incapacity of a political party member-candidate and Section 19 of  Comelec resolution 9984  not allowing an independent candidate to be substituted.     

But despite this, the Provincial Board of Canvassers led by former provincial Elections Supervisor Elenita Tabangin proclaimed Mayaen-Luis winner of the gubernatorial post in the May elections amidst questions on the legitimacy of her proclamation.

PBOC members included lawyer Golda Bannawi and Dept. of Education provincial supervisor Gloria Buyaao.

        On June 28, Mayaen-Luis’ induction was supposed to be occasion for the mass oath taking of elected provincial officials wherein Rep. Maximo Dalog and new Board Members of both Districts 1 and 2 took their oaths before Judge Luis Daoen of the Bontoc Municipal Circuit Trial Court.

Board Members for District 2 Tauli, Romeo Pagedped, Donato Danglose, Salvador Dalang and for District 1 Raul Lapon, Stephen Afuyog, CarioTamang, and Alfonso Kiat-ong took their oaths also before Judge Daoen.

        Messages of reconciliation, unity and cooperation were voiced out to the applause of the audience.

        Lacwasan took his oath earlier as Vice Governor before Judge Gaslito Dumpayan last June 25 at the Mansion, the official residence of the provincial governor in town.

A program for the turnover ceremony was circulated at the offices wherein Lacwasan, was to turn over his position and responsibilities to Mayaen-Luis as the new governor. There was no attached invitation letter.

However, Lacwasan issued Memorandum Order No. 4 dated June 29, 2016 informing the provincial offices that he, as chairman of the transition team, has not authorized such turnover ceremony and is the same therefore unofficial and irregular.

Earlier, Memorandum No.3 discouraged the participation of the officials and employees to the supposed turnover ceremony and enjoined the same to be at their workplaces or work assignments.

Last June 30 at 12 noon, Lacwasan took his oath as Governor before Judge Dumpayan at the Provincial Capitol frontage, the same judge who administered his oath as Vice Governor.

        In his oath taking ceremony, Lacwasan was very emphatic as he invoked the rule of law of succession.

        He claimed to be the rightful one to assume as governor, he being the elected vice governor and there being no governor. 

Injunction Order

Prior to the oath-taking of Lacwasan, the supposed turn-over ceremony did not happen as the Mayaen camp reportedly conceded after receiving a copy of the Injunction Order from the First Division of the Commission on Elections dated June 29, 2016 signed by Commissioners Christian Robert Lim, Luie Tito Guia, and Rowena Amelia Guanzon.

         The recent Order docketed as EPC NO. 2016-02 relieved officers and employees at the Capitol who have been confused with the developments the day earlier.

        Lacwasan in his statement after he took his oath thanked the Mayaen family as well as supporters as the anticipated confusion and chaos did not happen.

         The Writ of Preliminary Injunction stated, “Wherefore, premises considered, The Commission (First Division) hereby issues the Injunction order preventing respondent Kathy Jyll Mayaen aka Kathy Jyll M. Luis from assuming the gubernatorial post in Mountain Province and discharging the functions thereof. The duly elected Vice governor shall act as Acting Governor in accordance with Title II, Chapter II of Republic At No. 7160” otherwise known as the Local Government Code 0f 1991.

The injunction order was penned by presiding Comelec Commissioner Christian Lim and Commissioners Luie Guia and Maria Rowena Guanzon.

Considered by Comelec as “very serious” and that irreparable injury shall result to the petitioner, “the merits of the case will be resolved in due time and that the interest of justice will not be best served if these issues will be rendered moot and academic, the Commission (First Division)   following the dictates of prudence and fair play hereby grants, pending the resolution of the main petition the injunctive relief prayed for by the petition.”

Thomas Tawagen petitioned the Comelec for quo warranto and indirect contempt with writ of preliminary Injunction.

The latest decision of the Comelec said, “The Comelec First Division deems the prayer of the petitioner for the issuance of a writ of preliminary Injunction to be in order, as it finds the issues raised by the petitioner very serious”.

It further stated, “The Commission, following the dictates of prudence and fair play, hereby grants, pending the resolution of the main petition, the injunctive relief prayed for by the petition”.

Thousands of people from different municipalities, mostly from Bauko, employees of the capitol, and elements of peace keeping force, Army and PNP, witnessed the oath- taking at the provincial capitol grounds here.   

Following the rule on succession, Tauli who got the highest  number of votes among the winning candidates for Board Member  of both Districts 1 and 2  became vice governor.

Tauli shall be replaced by any registered voter from District 2 Mountain Province where he is  a registered voter of and an independent candidate thereof.

The one to replace Tauli shall be recommended by members of the Sangguniang  Panlalawigan and appointed by the President of the Philippines, Provincial Election Supervisor  Ricardo Lampac said.

          Comelec Chairman Andres Bautista earlier said special elections will be held in Mountain Province for the gubernatorial post within the year.