Election into office begets money and power. But in every luring glow of money and power commensurate negative returns because you cannot expect to appease everybody in your administrative function, decisions and in the disbursement of public funds. People tend to label public officials as corrupt once they saw them purchase properties even if it came from their separate personal funds and worse, a single mistake will arouse ridicule that can affect not only their public image but even that of their private life and family. Despite the risks, many people still venture to be elected into public office because of the obsession of power. This however, has exceptions because there are few elected good men who consider public office as a public trust and for public service.
More often, many disguised themselves as public servants but their personal interest always lords over public service. After them, their children, wives and extended families will succeed because then public service is now a family business, and like property, public service is now transmitted within the family circle, thus limited to the ruling few. Too bad, many poor constituents are more qualified in terms of honesty and integrity, service orientation and intelligence but they could not propel their way to power for lack of funds and machinery.
In Mountain Province, power and money hungry individuals led to the forced installation of Atty. Kathy Jyll Mayaen-Luis into power even at the expense of our legal processes. They tried to cross against the path of the law in order to get some time into power and participate in the disposition of almost half a billion pesos still intact in its coffer. This greed is also the reason why they succeeded in convincing some professionals who worked during the elections to sacrifice their career, license and employment by awkwardly raising the hands of a disqualified candidate.
That deed folks is to execute a concerted act which will result only in a pure question of law. This however drastically shifted when COMELEC en banc denied the COC of Atty. Kathy Jyll Mayaen-Luis on May 7, 2016. The denial practically rendered null and void the proceedings and the raising of the arms of a disqualified candidate by the Provincial Board of Canvassers (PBOC). The PBOC is now currently facing criminal and administrative cases for their acts. First, for raising the hands of Atty. Kathy Jyll Mayaen-Luis despite the denial of her COC. Second, for proceeding with the canvass and issuance of a certificate of proclamation in the name of the deceased Leonard Mayaen whose votes is considered stray under the election code and lastly, for using the certificate of proclamation of Leonard Mayaen in the ceremonial proclamation of his daughter Atty. Kathy Jyll Mayaen-Luis. How did they convinced these professionals to against the will of COMELEC and will they be there to support them and their families during a lasting fight for their innocence?
It is presumed that Atty. Kathy Jyll Mayaen-Luis is to seat as the provincial governor of June 30, 2016 using the certificate of proclamation of the late governor. On retrospect, the late Governor prepared his family for a simple and peaceful life. He never trained his family members for politics and it was his best intention to end politics in himself. If it was his intention, he should have asked nomination from a registered political party which he usually did before so that a member of his family could legally substitute him in any eventuality. These individuals like the PBOC, are very comfortable in sacrificing their careers and we can stomach that, but to include the liberty of Atty. Kathy Jyll Mayaen-Luis?
June 30, 2016 is now nearing, more than enough for these power hungry individuals to mediate. They should try consulting neutral and seasoned lawyers and/or politicians to avoid collateral damage.
Atty. Kathy Jyll Mayaen-Luis has no document to enter into office. She was fooled and made to believe that she was proclaimed as Governor of Mountain Province thru the mere raising of her arms. In truth and in fact, she is standing on a blank document. What document has she got? Only the certificate of canvass and proclamation of her father and there was not even an annotation below or insertion above that her name is being proclaimed as substitute candidate for the late Mayaen.
She cannot legally absorb votes of her father because her COC was earlier denied. She was not given time to file a motion for reconsideration because she was ill advised to file her COC only on May 5, 2016 to give the COMELEC no time to deny it before the day of the election. However, COMELEC anticipated the act because of earlier publication and in the end, it was she who was not given time to file a motion for reconsideration and thereafter certiorari, which, would have been still pending on the day of election.
The allegation of the PBOC that COMELEC cannot just cancel her COC without due process has no anchor. First, her COC was filed late because the filing of COCs for independent candidates has lapsed in October 2015 and only registered political parties are allowed to do substitution thereafter. Second, the determination by the COMELEC of her COC does not need adversarial proceeding. Simply put, your ordinary applicant for license, passport or tax declaration, her application was administratively turned down for lack of qualifications.
Elementary is the rule, that an independent candidate cannot be substituted, the first initiatory action filed should have been a petition to admit her COC. Just like in any other judicial or quasi-judicial forums, you need to ask permission when your period expire or when your right is clearly misplaced. But they chose to just insert her COC in the middle of the night when COMELEC is napping and through the back door.
The Power hungry individuals even went to the moon and cited numerous precedence, however all of which were immaterial everything was cut short when her COC was denied on May 7, 2016 and no motion for reconsideration was ever filed. After all, the precedence cited were all misplace because the decease on those cases have political parties wherein the case of the late Mayaen is very distinct.
With the foregoing circumstances, Atty. Kathy Jyll Mayaen-Luis would be at lost if she will continue to hear wrong advises. She should not take her oath and insists on assuming office on June 30, 2016 without proper documentations. Persistence will result in the violation of the sanctity of an oath and/or perjury and every act constituting performance of the functions of a governor constitutes usurpation of authority. Especially if she dares to disburse public funds, it would now be a case of malversation and worse, plunder depending on the amount.
We care for Atty. Kathy Jyll Mayaen-Luis and we treasure the good legacy of her father. We hate to see her sacrifice her career, license and even liberty only to be exploited by the power hungry individuals. She is a doting mother to her children and a loving wife to her husband. In all indications, she’s just unfortunately manipulated, forced or influenced.
We call to uphold the rule of law, and stop the misleading the people using the legal narrative. Let’s forever be vigilant against these power hungry individuals. For the meantime, let’s not go gently and just wait for the Commission en banc from the national office to hand us the decision on a silver plater. The assertive masses of Mountain Province is still the decisive factor in guiding the authorities concerned in search of light inside the dark tunnel constructed solely to cloud the consciousness of the people of Mountain Province.
