BONTOC, Mountain Province – The complainant in the administrative case filed against the three-member Provincial board of Canvassers (PBOC) asserted there is a clear picture of evident premeditation on their part to allegedly rig the electoral process in the province during the May 9, 2016 elections, particularly for the position of Governor, citing that the evidence presented in the case is not just to show the existence of probable cause against them.
In his 6-page comment to the counter-affidavit of Provincial Election Supervisor Elenita Julia Tabangin-Capuyan, Provincial Prosecutor Golda Bagawi and Schools Division Superintendent Gloria Buya-ao, Salvador Liked pointed the Commission is not lacking with courageous and upright witnesses like him if only to ensure that all members of board of canvassers would adhere to the rule of law and authority of the poll body.
“If the respondents would be left unscathed in the case, it is not remote that they will do it again in the future. Besides, their illegal and immoral acts should be curbed so it will not be emulated by other officials and the next generations,” Liked stressed.
He explained the denial of the respondents of the near bloodshed that might have been caused by their highly condemned acts is misplaced because they should be reminded that there were two governors for Mountain Province who took their oath on June 28, 2016 and June 29, 2016, respectively and since then, the supporters of the two factions stayed at the Capitol, the first group occupied the governor’s office while the other group occupied the congressional office adjacent to the Governor’s office, thus, both camps were committed to controlling the Capitol by noon of June 30.
He claimed the respondents should be thankful to the First Division of the poll body for issuing a writ of preliminary injunction against lawyer Kathy Jyll Mayaen because the impending bloodshed was timely averted.
According to him, the respondents were never made to determine the eligibility of the substitute candidate because it was already settled by en banc Resolution dated May 7, 2016, considering that they are citing irrelevant jurisprudence and misplaced allegations in their reply and counter affidavit to his complaint, an evidence that they really have no legal basis or way to overturn the conclusive evidence presented against them.
Liked emphasized it is very clear that the PBOC members defied and reversed the en banc resolution because after the issuance of the denial of the younger Mayaen’s certificate of candidacy as substitute for her late father, her camp never attempted to question the said resolution or file a motion for reconsideration with the poll body, an indication that there was a prior commitment by the PBOC members to proclaim her.
The complainant believes the contents of their joint counter-affidavit is a mere reiteration of their empty allegations as Capuyan is a seasoned poll official while prosecutor Bagawi is a provincial prosecutor. In their everyday work, Liked pointed out they always encounter the word denied in court proceedings and administrative dealings, thus, the denial of a motion, pleading or reconsideration means the end of the proposition, and that no further action can be taken after the denial otherwise one is defying the authority that issued the denial.
He revealed the respondents are not that dumb not to know that after the denial of the substitution and certificate of candidacy of the younger Mayaen, no further action should be taken thereafter.
Liked argued that it is not for the PBOC to determine if a resolution is final and executory or to declare it a mere scrap of paper because it is their duty to obey it and if needed, confer or check its authenticity by calling the immediate Comelec supervisors in charge of the crafting of such resolution.
He claimed adverse to them, a certified copy of the resolution was personally delivered by COMELEC-CAR personnel and that an advance information of the denial was fed to them as early as May 7 by the same office.
He challenged the investigators to seriously take into consideration the earlier claim of the PBOC members that the resolution denying the certificate of candidacy of the younger Mayaen is a mere scrap of paper, has no effect and is not yet final and executory because such actuations of the PBOC members was a clear defiance, lack of respect to the poll body, and its duly promulgated resolutions.
By HENT
