BONTOC, Mountain Province – The petitioner in the annulment of proclamation and proceedings of the Provincial board of Canvassers (PBCO) of the province that proclaimed Atty. Kathy Jill Mayaen withdrew the case before the second division of the Commission on elections (Comelec) to allow the earlier petition for quo warranto to proceed before the first division.
In a motion to withdraw, Thom Tawagen, a duly registered voter of the province, and the petitioner in the annulment of proclamation case informed the second division of the poll body that he was no longer interested to push through with the case considering that the earlier petition for quo warrant was given due course that resulted to the issuance of a writ of preliminary injunction preventing the younger Mayaen from assuming the post of Provincial governor considering that her certificate of candidacy as substitute of her father was denied by the Commission en banc.
The poll body’s second division mandated the parties to submit their respective position papers on the case which was supposed to be heard by the division last Tuesdays but Tawagen decided to move for its withdrawal.
Aside from the younger Mayaen, respondents to the case were PBOC members chaired by former Provincial election Supervisor Julia Elenita Tabangain-Capuyan and members Provincial P4rosecutor Golda Bagawi and Schools Division Superintendent Gloria Boya-ao.
Earlier, Tawagen petitioned the Comelec to annul the proceedings of the provincial board of canvassers during the May 9, 2016 elections in relation to the canvassing of votes for the position of provincial governor and subsequently, to annul the certificate of proclamation issued in favour of the deceased independent candidate Gov. Leonard G. Mayaen because he was an independent candidate who died before the conduct of the elections and the votes he garnered are considered stray votes.
In a 4-page petition submitted to the Comelec en banc, Thom P Tawagen also prayed for the issuance of a temporary restraining order and a writ of preliminary injunction against lawyer Cathy Jyll Mayaen-Luis, the substitute candidate in favour of the older Mayaen, who was denied by the Commission in pursuing her candidacy, from usurping into office in the event that the petition will not be resolved before June 30, 2016 in order to prevent any damage that will be caused to the government and to the people of Mountain Province.
Tawagen alleged that despite receipt of the resolution denying the certificate of candidacy of the substitute, the members of the provincial board composed of Provincial Election Supervisor Julia Elenita Tabangin-Capuyan, Provincial Prosecutor Golda Bagawi and Provincial Schools Division Supervisor Gloria Boya-ao, still went on to proclaim the younger Mayaen at around 10:40 in the evening of May 10, 2016, as the duly elected governor of Mountain Province, using the certificate of canvass and proclamation of her deceased father in her favour.
He claimed the proceedings of the provincial board of canvassers, as far as the proclamation of the elected governor, is null and void from the beginning because the certificate of candidacy of the substitute was denied by no less than the Commission en banc.
Further, Tawagen argued the members of the provincial board of canvassers erroneously used the certificates of canvass and statements of votes of the deceased older Mayaen in the proclamation of her daughter as the duly elected governor of the province. By HENT
