COMMISSION on Elections (Comelec) rules will apply for the late Mountain Province Governor Leonard Mayaen.
Comelec Supervisor for Mountain Province Elenita Tabangin Capuyan said rules of succession will apply pushing Vice Governor Bonifacio Lacwasan Jr. to take oath as governor until June 30.
Mayaen, who is running unopposed for his third and last term as governor of the Montañosa, died Thursday afternoon, after suffering cardiac arrest.
Lacwasan is running against fellow independent Albert Paday-os for the vice gubernatorial seat.
Tabangin said the Comelec rules dictate the rule of succession applies for Mayaen’s case.
“Comelec provisions say substitution applies when there is a death or a disqualification by final judgement,” Tabangin said.
The election supervisor added the Comelec will honor substitution by a person with the same surname of Mayaen, pushing the immediate family and clan to continue the bid of the late governor.
If the family does not have a substitute, then automatically, the candidate who wins the bid for vice governor will be catapulted to the gubernatorial seat while the top elected board member will be catapulted as vice governor and the last board member position vacant.
Tabangin said the vacancy will only be filled thru Presidential appointment.
Comelec resolution 8894 section 19 state “substitution of candidates in case of death, disqualification or withdrawal of another. An official candidate of a duly registered political party or coalition who dies, withdraws or is disqualified for any cause after the last day for the filing of COCs may be substituted by a candidate belonging to, and nominated by, the same PP or Coalition.”
No substitute shall be allowed for any independent candidate. The substitute of a candidate who has withdrawn may file a COC for the Office affected on or before December 10, 2015 so that the name of the substitute will be reflected on the official ballots.
The substitute for a candidate who died or is disqualified by final judgment, may file a COC up to mid-day of Election Day; provided that, the substitute and the substituted have the same surnames.
If the death or disqualification should occur between the day before the election and mid-day of Election Day, the substitute candidate may file a COC with any Board of Election Inspectors, Election Officers, Provincial Election Supervisor or Regional Election Director, as the case may be, in the political subdivision where such person is a candidate, or in the case of a candidate for President, Vice President or Senator, with the Law Department; provided that, the substitute and the substituted candidate have the same surnames.”