Comelec suspends judgment on Mt Province gubernatorial tiff

By Gina Dizon

BONTOC, Mountain Province – The Commission on Elections has not yet issued a proclamation on who will sit as provincial governor of Mountain Province by June 30.

Former Mountain Province Elections supervisor Elenita Tabangin-Capuyan said a hearing by the Comelec en banc will still be heard on July 5 regarding annulment of proclamation of  KathyJyllMayaen-Luis who was proclaimed governor by the provincial board of canvassers or the province. 

Provincial folks earlier urged the Comelec to rule before June 30 on the disqualification case filed against Mayaen-Luis or the province will have two provincial governors by that time if the Comelec fails to act on the controversy with dispatch.

If the Comelec doesn’t issue a ruling on the matter before June 30, re-electionist Vice Gov. BonifacioLacwasan Jr. will take his oath as vice governor then as governor while Mayaen-Luis 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 even as Tabangin-Capuyan said unless the Comelec grants an injunction, Mayaen-Luis will assume as governor.    

In response to the  petition on quo warranto  filed by  voter Thomas Tawagen of Bauko, Mountain Province  the Comelec’sFirst Division in their  hearing last week suspended  judgment on  whether or not a temporary restraining order (TRO) shall be issued preventing the assumption of  substitute-candidate  Mayaen-Luis to the  governorship of Mountain Province.

 To “avoid irreparable damage,”Tawagen in his quo warranto petition said Mt Province might be ruled by a governor who has never been a candidate as her

(Mayaen-Luis) certificate of candidacy (CoC) was denied by Comelec.

The Comelec cited Section 77 of the Omnibus Election Code allowing substitution of a candidate belonging to political party in case of death, resignation or incapacity; and Section 19 of Comelec resolution 9984 particularly stating that an independent candidate cannot be substituted.

 The late governor Leonard Mayaen,ran as independent candidate for governor of Mountain Province and died March 31 before the May 9 elections.  

Mountain Province Election Supervisor Ricardo Lampac said the main case on the petition for quo warranto shall be heard after the annulment case shall be decided by the Comelec.  

Petition for annulment proceedings of the proclamation of Mayaen-Luis as governor was filed first week of June by Tawagen basing on the Comelec’s denial of Mayaen’sCoC.

Lampac said the Comelecheard  arguments of both parties- petitioner Tawagen through legal counsel Thomas Padaco and  respondent  Kathy JyllMayaen-Luis through lawyer George Garcia.

Garcia forwarded that Section 77 of the Omnibus Election Code is silent on the substitution of  an independent  candidate  while  Section 19  of Comelec resolution 9984  was emphatic that an independent candidate is not eligible for  substitution.

 In said hearing, Garcia accepted that Mayaen-Luis was not proclaimed as governor of Mountain Province, Lampac who attended the hearing said.   

The certificate of canvass and proclamation of winning candidate as attested by the Provincial Board of Canvassers (PBOC) named Leonard Mayaen as the winning governor of Mountain Province.   

 Concerned  for  the  "welfare of  Atty Kathy JyllMayaen and as a comrade in the legal profession", Lampac said “there might  be a question on legitimacy in case she assumes being governor of the Province.”

 Lampac said the denied COC of  Mayaen-Luis was never  questioned so presumed to have been final.

 Lampacreturned to his former post in Mountain Province- Comelec after a four month stint from February 16 to June 16, while previous PES for BenguetTabangin-Capuyan who was detailed in Mountain Province during the May 9 elections  returned to Benguet. 

 Meantime, the criminal complaint filed at the Office of the Ombudsman charging the  PBOC on having proclaimed substitute-candidate Mayaen-Luis despite Comelec’s denial has not yet been heard.

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.

Organized positions against the acceptance of Tabangin-Capuyan on the candidacy of Mayaen-Luis and her proclamation as governor drew organized positions protesting this also from Makabayan-Mountain Province.

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

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

Registered voter Virgilio Pasking 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.

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.

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