BAGUIO CITY—Lawyer Kathy Jyll Mayaen, the daughter of the late Mountain Province Gov. Leonard Mayaen, has applied to be her father’s substitute in the May 9 gubernatorial race where he was running unopposed until his death on March 30.
Mayaen submitted her application at the provincial office of the Commission on Elections (Comelec) on Thursday, said lawyer Elenita Tabangin-Capuyan, Mountain Province election officer.
Her father died while being treated in a hospital in Baguio, where he was flown after collapsing in Mountain Province’s capital town of Bontoc town. His death had divided lawyers as to how best to address the vacuum he created.
Comelec Chair Andres Bautista said the election law says independent candidates are not allowed to have substitutes, citing Section 19 of Comelec Resolution No. 9984.
But Capuyan said the law was silent on independent candidates who are unchallenged but who die in the middle of an election season.
Lawyers who believe Mayaen could be replaced by a family members cite a provision of Resolution No. 9984, which states: “The substitute for a candidate who died or is disqualified by final judgment, may file a [certificate of candidacy] up to mid-day of election day (May 9) … provided that, the substitute and the substituted have the same surnames.”
The law was more precise about candidates of “duly registered political parties (PP) or coalition,” who die “after the last day for the filing of COC [on Oct. 12]” because it allows the party to nominate his or her substitute.
Section 19 says: “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.”
Bautista said it was more appropriate for Comelec to hold special elections for Mountain Province governor after May 9. The winner in the vice gubernatorial race there would sit as acting governor until the special polls were conducted, he said.
On Friday, posters announcing the young Mayaen’s candidacy were put up around Bontoc, residents there said. Vincent Cabreza, Inquirer Northern Luzon