BAUKO, Mountain Province—A registered voter of barangay Otucan Sur here filed a petition for quo warranto before the Electoral Contest Adjudication Department of the Commission on Elections seeking to prevent the assumption into office of substitute candidate lawyer Cathy Jill Mayaen as governor of the province by noon of June 30, 2016 in lieu of her late father, Gov. Leonard G. Mayaen, who died of cardiac arrest during the campaign period.
Tomas Tawagen prayed that the said department issue a preliminary injunction due to the blatant defiance by the younger Mayaen and the members of the Provincial Board of Canvassers of the standing resolution of the Comelec en banc denying the petition for substitution filed by the substitute.
Further, the petitioner also wants to restrain the substitute candidate from assuming office by noon of June 30, 2016.
Tawagen also sought the granting of the petition due to the alleged ineligibility of the younger Mayaen to run for the position of Provincial Governor of Mountain Province as a substitute to her late father, an independent candidate, who died March 31. he had been running unopposed for his third term.
Tawagen wants the said department to cite for indirect contempt the concerned provincial election supervisor pursuant to the Comelec rules of procedure.
Under the existing Omnibus Election Code and Comelec Resolution No. 9984, as amended by Comelec Resolution No. 9989, Tawagen cited that it is very clear that no substitution is allowed for any independent candidate and such prohibition on the substitution for an independent candidate is absolute and therefore, there is no exemption.
Despite such prohibition on the substitution for any independent candidate, the younger Mayaen, who is the daughter of the deceased unopposed candidate, filed her Certificate of Candidacy as a substitute of her late father where she allegedly clearly indicated that she is an independent candidate.
According to him, she allegedly changed her registered surname from Luis to Mayaen just so that she could comply with one of the requirements of substitution.
Tawagen also questioned Ms. Mayaen’s residency in Mountain Province because she had not resided in the province at least one year prior to elections. She was born and raised in Baguio City.