Mt Prov groups oppose Mayaen as governor

Proclamation of ‘non-candidate’ hit

By Gina Dizon and Monico Changlasen

BONTOC, Mountain Province – This province’s politics continues to heat up as more groups joined the fray assailing and opposing the proclamation of Kathy Jyll Mayaen-Luis as provincial governor.

Groups filed a case with the Ombudsman’s Office against the provincial board of canvassers and called for transfer of provincial Election supervisor and PBC chairman ElenitaTabangin-Capuyan for proclaiming Mayaen-Luis as provincial governor. 

Lawyer Mayaen-Luis, daughter of former Gov. Leonard Mayaen filed as substitute candidate for her father when the latter died two months ago.

The Commission on Elections en banc disapproved her application but the provincial board of canvassers declared her as governor.

Incumbent Vice Gov. Bonifacio Lacwasan, who now sits as provincial governor earlier filed a petition questioning the act of the PBC in proclaiming Mayaen-Luis.

The Comelec has yet to issue an official statement on the proclamation of Mayaen-Luis as provincial governor even as legal quarters said the electoral body could rule on the matter being a constitutional body.

Tabangin-Capuyan, who is Comelec provincial chief said the issue could reach the Supreme Court.

This time, a group of college students assailed the PBC for proclaiming Mayaen-Luis saying she was a “non-candidate.”

In a press statement, leaders of the Montanosa Youth Forum for Credible Elections said the BOC members erred in proclaiming Mayaen-Luis as winner in the gubernatorial contest in the province. 

Another urgent petition asked Comelec chief commissioner Andres Bautista to replace Tabangin-Capuyan due her “attitude that emanates incompetence in public service.”

The petition signed by nearly 100 individuals said that Tabangin-Capuyan issued a statement to the media stating that a deceased independent candidate can be substituted by a family member provided that  the family member should have  similar surname.

Tabangin-Capuyan accepted the candidacy of Mayaen-Luis. The Comelec however issued a resolution saying that a candidate not belonging to political party cannot be substituted citing Section 77 of the Omnibus Election Code and Comelec resolution 9984 as amended by resolution 9989 which provides that substitution is not allowed for an independent candidate.

And despite Comelec ruling which reached the PBC, Tabangin-Capuyan who headed the PBC proclaimed Mayaen-Luis as winning substitute-candidatefor governor May 10.

In a quo warranto case which reached Comelec, petitioner Bauko resident Thom Tawagen called on Comelec to cite Capuyan for direct contempt for defying rulings relative to the above.

Tawagen also said Mayaen-Luis lacks residency in the province to qualify her candidacy. She was born and raised in Baguio and established her law office in the city. Why the PBC still accepted the candidacy of Mayaen-Luiswas questioned.

The filing of said quo warranto with writ for preliminary injunction prevents Mayaen-Luis from assuming office after June 30, 2016 when the term of deceased for Gov. Mayaen ends.

This, as an administrative and graft complaint against the PBC were filed at the Ombudsman’s Office against PBC members for alleged violations of the law on norms of conduct  of public officials and employees and the anti-graft and corrupt practices Act.

In a 5-page complaint, Salvador Liked stated Tabangin-Capuyan accepted the certificate of candidacy of  Mayaen-Luis for her  deceased  father  despite Section 77 of the Omnibus Election Code and Comelec Resolution  9984  as amended by Resolution 9989  which provides that substitution is not allowed for an independent candidate.

And despite Comelec ruling denying the candidacy of Mayaen-Luis as substitute of  her deceased father, the PBC proceeded to proclaim her a  winning candidate for governor of Mountain Province night of May 10

Liked, a resident of Bauko, Mountain Province also said Tabangin-Capuyan abstained in the voting of whether or not to proceed with the proclamation of Mayaen-Luis but signed the certificate of canvass and proclamation.

And by doing so Liked stated that the PBOC knowingly granted benefit and favor of a person neither qualified nor legally entitled to the privilege.

Complainant averred that “due to the resistant and illegal acts of the PBOC who are all highly learned constitute a gross disregard of the highest order or morality in the civil service”  punishable under RA 6713.

Liked added “concerted acts of the PBC must not be tolerated in trying to position into the government a disqualified candidate resulted in chaos and the division of the people of Mountain Province.”

Organized positions against the acceptance of Tabangin-Capuyan on the candidacy of Mayaen-Luis and her proclamation as governor drew including  Makabayan-Mountain Province.

Other individuals raised their protest against the PBOC though legal actions that reached Comelec aside from the Office of the Ombudsman.

Also, a petition signed by nearly 100 signatorees called for the transfer of Tabangin-Capuyan.

Although Tabangin-Capuyan said she was outvoted by other two members into making the proclamation, she affixed her signature to the documented answer and made no dissenting opinion.

In their answer, the PBC members cited the Diasen case which was resolved by the Supreme Court in her favor because of the more than 30,000 number of votes against her closest rival.

Along this line, the PBC argued that the more than 60 thousand votes obtained by Mayaen signified their approval of the substitution.

Leaders of the youth group MYFCE did not agree.

“The certificate of candidacy of Diasen as substitute for her late husband who died  during the campaign period was accepted by the Comelec en banc while that of Kathy Jyll was denied.

“In other words, Diasen was a candidate while the young Mayaen had never been a candidate, they said, adding votes belonged solely to the late governor which could not be credited to anyone else,” they said in the statement.  

The youth group also blasted the PBC for being selective in quoting parts of an existing Comelec resolution to justify their preconception. “They keep on quoting a part of Section 19 of Comelec Resolution 9984 stating that the substitute and the substituted should have the same surname but they never mentioned that same section of the resolution explicitly provides that only a candidate of a registered political party could be substituted and that no substitute shall be allowed for any independent candidate,” they said.

“Whether or not the minute resolution came late is immaterial. What is important is a copy of the document was received by the PBC on May 10 and that it is not the function of the PBC to inform or advice the people of the merits of the resolution. If Comelec acted late, it was because the COC was filed late – a calculated move to skirt possible action, legal or otherwise, from offices and parties concerned,” the group said in answer to the BOC’s claim that the minute resolution denying the candidacy of the young Mayaen came late giving no time for the electorates to be informed of it.

The press statement also scored the PBC for saying that the outright denial of the Comelec on the young Mayaen’s candidacy as unfair. “Their comment relative to the denial of Mayaen’s substitution underscores their bias. Only an interested party could come out with such observation. Are they lawyering for Mayaen?,” the statement asked.