PRO3 DIRECTOR GEN DE LEON ESCORTS JAEN MAYOR AS SHE STEPS DOWN FROM OFFICE LAST DECEMBER 21 (PRO/ MANILA BULLETIN/ FILE PHOTO)
Austria, who had voluntarily stepped down as mayor last December 21 on orders of a regional trial court, was accompanied by eight town councilors when she tried to present Esquivel a temporary restraining order (TRO) issued by the Commission on Elections (Comelec) Monday afternoon.
The town councilors earlier withdrew their support from Esquivel, who assumed his post as mayor on the strength of a decision rendered by Regional Trial Court (RTC) Judge Angelo Perez based on a recount of the votes.
Published January 14, 2021, 9:31 AM
JAEN , Nueva Ecija – The Commission on Elections (Comelec) has issued a cease and desist order on a regional trial court (RTC) that installed a candidate who lost to an incumbent mayor in the May 13, 2019 elections but was lately proclaimed winner in November following a ballots recount.
In a three-page decision penned by Commissioner Socorro Inting of the Comelec’s 2nd Division dated January 12, 2021, a copy of which was obtained by the Manila Bulletin, a 60-day Temporary Restraining Order (TRO) was issued “enjoining” Judge Angelo Perez, of Gapan City RTC branch 87, to cease and desist from enforcing and implementing the “Notice and Certificate of Finality, Order of Execution, and Writ of Execution” of the December 16,. 2020 decision in favor of Antonio Prospero Esquivel.
A former mayor of Jaen town, Nueva Ecija wants the Commission on Elections (Comelec) to reinstate her, claiming that she had been illegally ousted from her post.
In a 36-page petition for certiorari and prohibition, Sylvia Austria also asked the Comelec to unseat Antonio Prospero Esquivel, who had assumed the mayorship.
Austria asked the electoral body to block the writ of execution order issued by Judge Angelo Perez of the Regional Trial Court Third Judicial Region last December 7 directing Austria to vacate her office, clearing the way for Esquivel’s takeover.
Esquivel was sworn in on December 16 by Judge John Voltaire Venturina of Gapan City.
PRO3/ MANILA BULLETIN
Austria was municipal mayor since July 1, 2019. She stepped down at around 8 p.m. on Monday.
Maj. Baltazar Corpuz, the town police chief, said Austria voluntarily yielded after the regional office of the Department of Interior and Local Government (DILG) in Central Luzon intervened and presented the court order which was witnessed by Brig. Gen. Valeriano de Leon, director of the Regional Police Office 3 (PRO-3).
Esquivel, who lodged a protest and sought for a ballots recount garnered 18,737 votes as against Austria’s 14,392 during the May 13, 2019 elections.Although the camp of Austria questioned the decision of Gapan City RTC branch 87 Judge Angelo Perez, it nevertheless elevated the case to the High Tribunal for review.Gen. De Leon personally escorted Austria as she stepped down and relinquished her post.