Rule of law on Mayaen substitution

HAPPY WEEKEND

Gina Dizon

SAGADA, Mountain Province – For this hotly argued issue whether or not Kathy Jyll Mayaen’s  certificate of  candidacy (CoC) as substitute-candidate for her deceased  father, Leonard Mayaen  for governor is legal or not, lawyers are quick to say that the Commission on Election’s decision shall conclude this controversy. 

Rep. Atty Maximo Dalog’s take “not to further confuse the issue and wait for what  Comelec says” remains as I asked him a month ago, was reported by newsman Roger Sacyaten lately.  

 Gov.Bonifacio Lacwasan Jr. said the rule of law has to prevail.

 Comebacking Provincial Election Supervisor (PES) Atty Ricardo Lampac relies  his position on  Section  77 of the Omnibus Election Code providing substitution for a candidate who belongs to a political party in case of the candidate’s death, withdrawal or disqualification; further emphasized in  Section 19 of  Comelec resolution 9984 providing no substitution for an independent candidate.

The late governor Leonard Mayaen ran unopposed as an independent candidate. His daughter Kathy Jyll Mayaen filed her entry as substitute for her father's candidacy.  

Former provincial Elections supervisor Atty Elenita Tabangin-Capuyan earlier said substitution for an independent candidate is possible which “may reach the Supreme Court” which began this politico-legal brouhaha.

Capuyan relies her position on the case of Wacnang vs Comelec and Diasen where Diasen died and was substituted by his wife.  Diasen belongs to the political party Lakas-CMD  and has a Certificate of  Nomination and Acceptance (CONA) albeit it came late.

Tabangin-Capuyan relied on Engle vs Comelec and Menzon  bearing similarities with Wacnang vs Comelec and Diasen where James Engle died and was substituted by his wife.  Engle is  a political nominee of  Lakas- CMD thus belongs to a political party.    

What law?

 The law according to Tadian mayor and lawyer  Anthony Wooden is what the judge or the justice says.So with lawyers and individuals having differing  opinions on a particular law has the concluding  statement of the judge on how he/she interprets the law, Wooden said.

Judges have their  individual interpretation which may  also be reversed  depending on new  discoveries or interpretation of the law. 

And with contestable issues  revolving on a particular law which may reach the Supreme Court, justices have the last say on what the law is. 

And how the law  interpreted  is as baffling and interesting as this case on the substitute-candidacy of  Kathy JyllMayaen for her father the late Leonard Mayaen for governor of Mountain Province.

The latest baffling incident of which concerns the  interpretation of  the Comelec on the  late filing of Liberal Party leader and  candidate for the Presidency  Mar Roxas where Comelec in their final analysis and judgment ruled for a June 30 day extension of  all candidates to submit their  Statement of  Contributions and  Expenditures (SOCE), liberally giving way from the law providing 30 day period  after election for the filing of SOCE.

 This made the law open with no hard and fast rule on what it means depending on the facts and the circumstances at hand including the propriety and practicality of a situation what may be covering  the societal impacts of what may be the turnout of a decision.

 Here in Mountain Province where the situation presented has gone or rather  basically is politically motivated, rests the situation on whether it’s  going to be substitute- candidate  ‘proclaimed winner’ Mayaen-Luis  or  Vice Gov. Bonifacio  Lacwasan  assuming the governorship by June 30 by rule  of succession.

 The law is clear on the assumption of a vice mayor for the mayorship or a vice governor for the governorship  or  vice president as president as the case may be basing on the rule on succession. This means with the  death of  governor Leonard Mayaen automatically lets vice governor Lacwasan be the  governor of Mountain Province following the succession rule.

Politics

But  I  think hard core loyalists of Mayaen will not like this. They will push for the legitimacy or even a  de facto  leadership  with Mayaen-Luis as governor whom they can  feel comfortable with thus this exciting politico-legal exercise this moments in Mountain Province.

 Others in the  political arena who are  gunning for the governorship or  higher political positions for Mountain Province may feel threatened of Lacwasan getting in the  gubernatorial seat, I think so and with this assumption would rather have a neophyte in the political arena with the political name of a father to carry her through. 

What seems to be an apparent brewing of political unities is in the air, for political power is always a fight  with politicians  strategizing  their ways to include banding  together to support those whom they  perceive are strategic for them either now or in the future. My political nerves are getting active and so this thought.

Why the persistence for Mayaen-Luis to the gubernatorial position seemingly extends towards a political agenda for the hold on to power unless there may be temporary reasons for such persistence. That is, it may be herself she is propping up or other politicos behind her.

Thus, this legal question laced  in a seemingly political curtain is a playing field with the interpretation of the law  heavily played on the side.

People’s will

While the substitution as the law says takes differing  views from legal experts and what individuals says, the question is  presented as to whether people voted for Mayaen-Luis  or not. 

 Wooden says people voted for Mayaen-Luis because she made her presence known even in just a few days before the May 9 elections.

Others however say she did not make her presence felt thus denying the voting populace of  introducing herself  though supporters campaigned for her.

Some folks said they were made to shade the name of Mayaen because they were told that an incompletely shaded ballot shall invalidate their  ballot.

 That is, the ‘people’s will’ as a conclusion for the late Mayaen’s 60,664  votes to automatically go for her substitute-candidate daughter Kathy Jyll. It is murky whether they voted for the late Leonard Mayaen because of their loyalty to him or Kathy JyllMayaen as the governor or some other reasons as  fully shading their ballots lest these get invalidated.

The PBOC in their statement to  Comelec  said Kathy Jyll  garnered  60,664 votes in place of her father whom she substituted, stating that “people voted for Leonard Mayaen and this signifies their approval of the substitution”, and thus proclaimed her as the winning governor of the Province. 

It is a question why PBOC in the certificate of canvass and proclamation of the winning candidate for governor particularly cited Leonard Mayaen as the winning governor who  garnered 60,664  votes and did not insert  any statement of  Kathy Jyll as  the substitute-candidate and the winning candidate for  governor of the Province.

Informing the people

Wooden says Comelec denied the people of informing them of their decision denying the substitute-candidacy of Kathy Jyll Mayaen with Comelec –Mountain Province having received the decision only on May 10 meaning by then the votes were already cast.

 So to follow the  argument that Kathy Jyll campaigned even just a very  four days before the May 9 elections and letting the electorate know that she is substituting for her father  meant that they were voting for Kathy Jyll as  governor of the Province.

That is, why fault the people when they were not informed of the Comelec  decision denying  Kathy JyllMayaen’s certificate of  candidacy as substitute-candidate.

Though Lampac said it is not the fault of Comelec as  Kathy Jyll’sCoC reached Comelec only on May 5 thus Comelec’s  quick  decision on May 7. This means giving a day more for Comelec to move for what could be information dissemination before the election on May 9.  Your answer is as good as mine that one day is not enough for a reasonable period to inform the public.

Indeed, it is a question why Kathy Jyll only filed her  substitute-candidacy on May 5,  that is 36 days after the death of  her father which meant  either a deliberate  attempt to make things quick on the end or a whimsical quick decision to file albeit the lateness of the decision.

 It is exciting to look forward  to the judges’ decision given the circumstances of the date of filing of CoC for substitute-candidacy, voting results, the law itself, differing legal opinions, and jurisprudence to resolve this substitution issue on cases quo warranto and  annulment of  proclamation proceedings.

Fast forward

It would be a disturbing and distracting scenario to think of having a governor teeteringly sitting on hot seat while another governor is legitimately  on the take to sit readily without question.  It is confusing to think just how legitimate shall  KJMayaen sit as governor loaded with a legal question with not even legal papers to show that she won the 60,664 votes her father Leonard Mayaen  garnered. That is, Leonard Mayaen was the one proclaimed in the PBOC certificate  of canvass and proclamation of winning candidate for governor as winning candidate and not she as a substitute-candidate.

 Should a legally questionable person sit as  “governor” means  transactions will be as shaky and as questionable as this would be for papers to be signed  for example,  by one loaded with issues  of whether she is a valid governor or not.  And how will other offices take her assuming the governorship if such is the case?

 Lacwasan  as the  immediately succeeding governor would be a safer and official governor to take the governor’s official seat with acts  taken more  securely where communications and actions shall be.

 That is, Kathy Jyll Mayaen for governor would better make sure of her sitting on official seat and do away with any ‘irreparable damage’ rather than proceed on murky waters while Comelec has not yet made judgment.

Otherwise, to continue with this politico-legal  fight and let the Mountain Province people  see what leadership Mountain Province may  have with  two governors at the Capitol -- a readily legal successor to the seat or a questionable one who may be the “governor who never was”- is preposterous.

That is, until regular elections or a special election happens.