THE Commission on Elections (Comelec) said Thursday that it will not allow the newly proclaimed Mountain Province governor Kathy Jill Mayaen-Luis to assume her post after the poll body denied her petition for substitution last May 7.
Comelec spokesperson James Jimenez said the Comelec will not recognize the action of the Provincial Board of Canvassers (PBOC) in proclaiming Mayaen-Luis as the province's new governor.
On May 5, Luis filed a petition for substitution as independent gubernatorial candidate in Mountain Province following the death of her father, Governor Leonard Mayaen, on March 31.
On May 7, the Comelec denied Mayaen-Luis' petition for substitution citing Section 19 of Comelec Resolution 9984, which states that independent candidates are not allowed to have substitutes.
Jimenez told Sun.Star that substitution will only be allowed if the candidate to be replaced is a member of a political party and not for an independent candidate, which Mayaen-Luis' father was.
"The rules are very clear. Substitution in the case of involuntary withdrawal, in this case, death, are available only to people with political parties, because if you are independent, who are you substituting for?" Jimenez said.
Comelec spokesperson said that the actions of the PBOC will not operate to override the rules of the Comelec.
"Comelec ba sila? The actions of the PBOC will not override, ke nagbotohan pa, ke unanimous pa 'yan. Why would the actions of someone outside the Comelec be able to make a dent to the Comelec's procedures and rules which are based on the law?" Jimenez said.
According to Jimenez, the poll body is set to conduct a special election in the province for the gubernatorial race.
"Magkakaroon ng special elections kasi in essence, walang governor dun, as soon as maarange yun, I can't tell kung kailan. Kailangan pa makapagimprenta ng mga bagong balota, siguro about a week and a half," he said.
Mayaen-Luis, an unopposed gubernatorial candidate in the province, obtained a total of 60,664 votes during the May 9 elections.
The PBOC earlier said that the substitution of Mayaen-Luis is valid citing Comelec resolution 99-84 promulgated on October 10, 2015 governing substitution of candidates.
According to the PBOC, Section 19 does not specify that substitution of a candidate in case of death does not apply to independent. It stressed that the substitute for a candidate who died or is disqualified may file a petition up to election day provided the one being replaced and the replacement has the same surnames. (Sunnex)