CABANATUAN CITY—The Commission on Elections (Comelec) on Wednesday ordered the Department of the Interior and Local Government (DILG) to reinstate ousted Mayor Sylvia Austria of Jaen in Nueva Ecija province to end the leadership conflict in the town.
In an order dated Feb. 3, Comelec Commissioner Socorro Inting gave Julie Daquioag, DILG director for Central Luzon, three days to remove the sitting mayor, Prospero Esquivel, and install Austria.
The poll body issued a temporary restraining order (TRO) on Jan. 30 to stop a local court’s decision that had upheld the victory of Esquivel over Austria in the 2019 mayoral election.
But the Comelec order had not been enforced, prompting Austria to file an urgent motion in the Comelec’s Second Division to immediately implement the TRO on the Dec. 7 , 2020, ruling of Nueva Ecija Regional Trial Court Branch 87 Judge Angelo Perez which favored the election protest of Esquivel.
In his ruling, Perez said Esquivel won with 18,737 votes over Austria’s 14,000 based on a manual recount. It contradicted the 2019 tally of the municipal board of canvassers which showed that Austria garnered 20,815 votes and Esquivel, 18,461.
Appeal
Esquivel took over the mayoral post on Dec. 22 last year after Austria stepped down. Austria then filed an appeal in the Comelec.
In her latest petition in the poll body, Austria said Esquivel violated the Comelec’s TRO by still occupying the position of municipal mayor.
The municipal council backed Austria’s reinstatement by passing several resolutions on Jan. 25 that recognized her as the duly elected mayor and for the Comelec order to be immediately enforced so that the ousted official could reclaim her post.
On the same day, policemen were sent to the municipal hall as supporters of Austria tried to enter the premises. But Esquivel’s security personnel refused, causing tension in the area.
As of Thursday, Austria was holding office from her home.
In an earlier interview with reporters here, Esquivel said he would not step down, stressing that the Comelec order could not supersede the court’s decision, which he described as “final.”