BONTOC, Mtn. Province – The Law Department of the Commission on Elections has issued a subpoena to the respondent members of the Provincial Board of Canvassers (PBOC) of the province in relation to E.O Case No. 16-120 for violation of Section 261 (aa) and (4) of the Omnibus Election Code, specifically on canvassing.
The subpoena dated August 2, 2016 and signed by Atty. Maria Norina S. Tangaro-Casingal, Acting Director IV, Law Department, Commission on Elections, directs Atty. Elenita Julia Tabangin-Capuyan, Prosecutor Golda Calaoa-Bagawi, and Dr. Gloria B. Buya-ao, all members of the PBOC of the province in the May 9, 2016 national and local elections, “to appear and submit counter affidavits with supporting documents at the Law Department, COMELEC, 8th Floor Palacio Del Gobernador, Intramuros, Manila on September 22, 2016 at 10 o’clock in the morning before Atty. Shemidah G. Cadiz”.
The same subpoena “warned that failure on your part to comply with the subpoena shall be considered as a waiver of your right to present your defense and the case shall be considered submitted for resolution based on the evidence on record”.
The three as members of the PBOC were charged by Salvador Liked before the COMELEC for alleged violation of the Omnibus Election Code when they proclaimed Atty. Kathy Jill Mayaen-Luis as the duly elected governor of the province on the night of May 10, 2016 when it was claimed that there was a COMELEC resolution denying the Petition for Substitution of the younger Mayaen that reached the provincial office of the COMELEC the morning of the same day.
Bagawi and Buya-ao opted to proclaim Mayaen-Luis as the duly elected governor while Tabangin-Capuyan, being the PBOC chairperson, abstained.
Liked claims that “the actions of Tabangin-Capuyan PBOC chairperson reeks of insubordination, grave abuse of authority, a monumental showcase of deception, grave dishonesty, and disobedience to lawful orders”.
Regional Director Julius Torres of the COMELEC-CAR, who was earlier directed by the Law Department, through a Memorandum dated June 9, 2016, to conduct preliminary investigations, inhibited himself from performing the task.
In his Memorandum to the Law Department dated July 1, 2016, he asked that the Law Department instead conduct the preliminary investigation citing that the investigation be done on neutral ground by a neutral investigating officer from the law department.
Torres also cited in his justification that a respondent in the case is a co-employee with the COMELEC she being the Provincial Election Supervisor of Benguet.
Last June 28, 2016, Atty. Kathy Jill Mayaen Luis took her oath of office as governor while Bonifacio Lacwasan, Jr. as the then acting governor and elected vice governor, took his oath on June 30, 2016 as governor on the premise of succession in the absence of an elected governor.
The timely COMELEC writ of preliminary injunction on June 29 prevented the escalation of tension at the capitol as supporters of the two political camps opted to follow the order.
The writ prevented Mayaen-Luis from assuming the gubernatorial post. It said that the duly elected vice governor, without naming Lacwasan, shall act as acting governor in accordance with the succession rule in the Local Government Code of 1991.
Comments from the respondents could not be secured as of press time.**
Roger Sacyaten
