MANILA, Philippines — The ousted mayor of Jaen town, Nueva Ecija province, has asked the Commission on Elections (Comelec) to overrule a court order for her to vacate her post. In a 36-page petition, former Jaen Mayor Sylvia Austria asked the Comelec to nullify the oath-taking of her rival Antonio Esquivel as the new municipal mayor.
Austria questioned the Dec. 7 order issued by Judge Angelo Perez of the Regional Trial Court Third Judicial Region, directing her to step down in favor of Esquivel.
Austria claimed she did not receive a copy of the decision so she was unable to appeal the order, which she said was not yet final. She added that she did not file a motion for reconsideration in the court since the case falls within the Comelec’s purview.
“There is no appeal nor any plain, speedy and adequate remedy in the ordinary course of law available to rectify the foregoing assailed acts and issuances of the public and private respondent, except for the filing of this petition,” she told the Comelec.
Perez nullified Austria’s proclamation as winner in the 2019 elections after concluding that Esquivel had garnered 18,737 votes to take the lead. But the court did not state Austria’s total votes.
—Dona Z. Pazzibugan