BONTOC, Mountain Province – The First Division of the Commission on Elections (COMELEC) recently junked a petition that sought to deny due course or cancel the certificate of candidacy (COC) of incumbent Gov. Bonifacio C. Lacwasan, Jr. who is seeking reelection for the same position in the upcoming May 12, 2025 mid-term elections for lack of merit.
In a 9-page resolution signed by Presiding Commissioner Socorro B. Inting and Commissioners Aimee P. Ferolino and Ernesto Ferdinand P. Maceda, Jr., the poll body pointed out that Lacwasan did not make any material misrepresentation in declaring his eligibility for the position of Provincial governor of Mountain Province in his questioned COC.
Lacwasan, initially appointed as Acting Governor in 2016, subsequently won two consecutive terms as Provincial governor during the 2019 and 2022 national and local elections and served both terms in full.
The Comelec explained that such, Lacwasan is not subject to the 3-term limit rule.
On the question that Lacwasan’s assumption of the position of Provincial Governor when the vacancy occurred in the May 2016 national and local elections be counted as one term for the purpose of barring him on the ground of the 3-term limit rule, the poll body pointed out that Lacwasan did not lose title to the Office of the Vice Governor when he was appointed as Acting Provincial governor.
Further, the resolution explained that Lacwasan was merely prevented from exercising the functions of the Office of the vice governor by reason of his assumption of the post of Provincial governor as provided for and by operation of law, when a permanent vacancy arose due to the untimely death of the proclaimed Governor.
Lacwasan ran for, was elected as, and assumed the position of vice governor of Mountain Province in the 2016-2019 term. However, he subsequently assumed the position of Acting Governor and served in the capacity for the full term.
The Comelec underscored that clearly, during the 2016-2019 term, Lacwasan was appointed and not elected as Provincial governor.
Earlier, Johnny Lausan petitioned the Comelec to deny due course or cancel the COC for Provincial governor filed by Lacwasan for the upcoming May 2025 polls because he allegedly committed intentional false material representation by misleading the electorate of Mountain province into believing that he is eligible for another term when in fact he is fully aware of the three terms that he served as Provincial governor.
According to the poll body, the Commission found no merit to the aforesaid petition and declared that Lacwasan did not commit any material misrepresentation in his COC when he declared that he is eligible for the position of Provincial governor.
Section 8, Article 10 of the 1987 Constitution stated that the term of office of elected local officials, except barangay officials, which shall be determined by law, shall be three years and no such official shall serve for more than three consecutive terms. Voluntary renunciation of the office for any length of time shall not be considered as an interruption in the continuity of his service for the full term for which he was elected.
The aforesaid three term limit rule was reiterated in Section 43(b) of Republic Act (RA) 7160 or the Local Government code as amended.
In his response to the petition, Lacwasan averred that his candidacy for Provincial governor in the May 2025 mid-term elections is not barred by the 3-term limit rule; he has no deliberate intent to mislead the electorate of Mountain Province and that he is eligible as candidate for the position of Provincial governor.
In the 2019 elections, Lacwasan was elected as Provincial Governor and served the full term which is similar to what happened in the May 2022 elections where his term will conclude by noon of June 30, 2025.
Comelec Chairperson George Erwin Garcia earlier said that the poll body will try its best to resolve all pending petitions for disqualification of candidates for the May 2025 mid-term elections prior to the scheduled printing of the official ballots to ensure that the qualified aspirants for the various elected positions in the national and local levels will be the ones that will appear in the printed ballots.
For his part, Lacwasan welcomed the latest Comelec decision, saying that the said issue will now be laid to rest to avoid confusion among the province’s electorate.
“We express our gratitude to the poll body for resolving the issue. We hope that the matter will now be laid to rest to avoid confusion among our electorate,” Gov. Lacwasan stressed.
As of press time, the petitioner reportedly filed a motion for reconsideration to the Commission en banc, assailing the resolution that was unanimously approved by the first division. By Dexter A. See
