Paracelis, Mt. Province - After months of waiting, the Commission on Elections en banc issued its ruling, finally resolving the Paracelis Mayor controversy.
The en banc, on Nov. 10, affirmed the ruling of the second division of COMELEC, canceling Avelino Amangyen’s certificate of candidacy. The ruling ended the confusion about who should lead the municipality.
Result of the May 9 polls
As earlier reported, Amangyen garnered the highest votes in the May 9 polls, with 9,220, which made him the winning candidate. Marcos Ayangwa, the incumbent, got 5,185. Amor Liban, another candidate, had 1,172 votes.
Ayangwa’s camp claimed that Ayangwa ‘was voted as the legitimate winner because the person who got the highest vote was already disqualified by the Comelec’s Second Division’ before the elections.
Amangyen’s disqualification
The 2nd Division of COMELEC disqualified Amangyen on April 19, 2022, for misrepresentation, considering that he did not disclose in his certificate of candidacy his previous conviction of a crime.
Amangyen was found guilty of violating Presidential Decree 705 or the Forestry Code in 2013. The case stemmed from the raid in Amangyen’s residence where police found several forest products not covered by permits.
The judgment was later upheld by the Court of Appeals and subsequently by the Supreme Court in 2018.
Amangyen was sentenced with a penalty of reclusion temporal with an accessory penalty of perpetual absolute disqualification from running for public office.
On October 27, 2021, a warrant of arrest against Amangyen was served but has since remained at large and was not able to attend the proclamation of the winning candidates.
Motion for Reconsideration
Amangyen’s camp, however, filed a Motion for Reconsideration before the commission
Vice-Mayor assumes as Acting-Mayor
In a letter dated June 20, 2022, Atty. Elmer Sagsago, the counsel of Vice-Mayor elect Djarma Rafael, requested the Regional Director of DILG-CAR to issue an official directive as to whether there is a vacancy in the position of Municipal Mayor and whether Djarma should assume as Acting-Mayor.
In her legal opinion response dated June 28, RD Araceli San Jose stated, “In the event that no resolution on the Motion for Reconsideration will be issued by the COMELEC on the noon of June 30, there shall exist a temporary vacancy in the position of Mayor. In that case, pursuant to the Local Government Code of 1991, the Vice Mayor shall then assume as the Mayor in an Acting Capacity. However, as discussed in the foregoing motion, the Vice Mayor’s assumption shall be without prejudice to the COMELEC’s resolution on the aforementioned Motion.”
With the said opinion as the basis, the Municipal Local Government Operations Officer announced before the public that Rafael shall assume as the Acting Mayor.
The announcement was made after the Vice-Mayor elect to Sangguniang Bayan members took their oath of office on the morning of June 30.
Amangyen took oath of office in Tuba, Benguet
At 8:45 AM of the same day, the Human Resource Management Office of Paracelis received a document stating that Amangyen swore an oath of office in Barangay Tadiangan, Tuba, Benguet on June 28, 2022.
The representatives of Amangyen, Ayangwa, and Rafael had their meeting and Rafael’s camp asked Ayangwa to leave the Office of the Mayor. Ayangwa, however, firmly stands not to leave the office ‘until such time that there is a directive or order from the higher office, not an opinion from the DILG.’
Ayangwa takes oath as Paracelis Mayor
Following the COMELEC en banc ruling canceling the candidacy of Amangyen and proclaiming him as the town’s mayor, Ayangwa took his oath of office on Friday, Nov. 25.
On Nov. 28, the then Acting Mayor Rafael turned over the key of responsibility to Ayangwa who thanked the former for her service and for the smooth transition.
In a statement he made in PTV-Cordillera, Ayangwa committed to continuing the programs he already started during his tenure and to adding more innovation and services for the betterment of Paracelis.
He likewise encouraged cooperation among his constituent and “move on from the negativities.”
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