Tension grips Jaen, Nueva Ecija over '2 mayors'; judge faces SC probe over ruling
>> Sunday, January 31, 2021
JAEN, Nueva Ecija – Tension grips this town
after the Commission on Elections ruled the mayor installed by a regional trial
court judge was illegally holding the post.
The Supreme Court is now investigating the judge.
Supporters of former mayor Sylvia Austria were seen in a video entering the Jaen municipal hall compound and were met by the supporters of incumbent Mayor Antonio Esquivel on Monday, based from a Tuesday report of Marisol Abdurraman of Saksi.
Austria's supporters trooped to the municipal hall bearing a copy of the resolution of the Sangguniang Bayan, which recognizes her as the duly elected mayor.
Austria was declared the winner in the May 2019 elections but she stepped down from office last December after the Regional Trial Court Branch 87 handed down a decision in favor of Esquivel's election protest.
The Commission on Elections second division, on Jan. 12, 2021 issued a status quo ante-order reinstating Austria as the mayor of Jaen.
Esquivel, however, did not accept the Comelec order and the resolution of the Sangguniang Bayan.
"A piece of scrap paper. Papano magre-resolution ang Sanggunian para magtanggal ng mayor. Medyo imposible yata 'yun," said Esquivel.
Austria, on the other hand, said "Ako'y naniniwala na ang aking katunggali ay bababa sa kanyang posisyon. Dahil wala siyang karapatan na manatili sa posisyon dahil siya'y hindi tunay na punong bayan ng Jaen."
Police deployed additional personnel at the Jaen municipal hall.
"Habang wala pa 'yung guidance ng DILG at ng headquarters, ime-maintain namin ang peace and order," said Police Col. Marvin Joe Saro, OIC police provincial director.
Esquivel said despite the political tension the transactions at the municipal hall will continue.
The trial court judge who issued the ruling is now facing administrative investigation by the Supreme Court for gross misconduct, gross incompetence, and gross ignorance of the law for alleged issuance of unlawful orders unseating a town mayor.
This came after the Office of the Court Administrator ordered Judge Angelo Perez of Cabanatuan City Regional Trial Court, Branch 27, to file his comment on the complaint filed against him by Jaen, Nueva Ecija Mayor Sylvia Austria accusing him of irregularities in resolving the election protest entitled Antonio Prospero Esquivel vs. Sylvia C. Austria, while sitting as Acting Judge of RTC, Branch 87, of Gapan, Nueva Ecija.
“The Comment should be submitted within 10 days from receipt of this Indorsement, copy furnished the complainant,” Court Administrator Jose Midas Marquez said, in an order dated December 3, 2020.
Perez was required to comment on the verified complaint dated November 11, 2020 filed by Austria.
Meanwhile, complainant Austria also asked the Supreme Court to investigate the entire RTC, Branch 87, of Gapan, Nueva Ecija for conspiracy, in connection with the alleged irregularities committed by Perez to favor Esquivel, the opposing mayoralty bet.
In a separate verified complaint, Austria filed administrative charges against Branch 87 Clerk of Court Atty. Maureen R. Genetiano-Pabaira; Branch Sheriff Jorge L. Battung and prayed that the respondents be penalized.
Austria claimed that there was deceit in Judge Perez’s issuance of the writ of execution on December 7, 2020 as she did not receive a copy of the ruling, denying her the right to appeal the case.
There are now two mayors in the municipality of Jaen due to Perez’s ruling installing Esquivel, which was later stopped by the Commission on Elections, which it issued a status quo ante order reinstating Austria last January 12, 2021.
Perez annulled Austria’s proclamation as winner in the Jaen mayoral race in 2019 after concluding that Esquivel garnered 18,737 votes while the municipal board of canvassers had previously proclaimed her after she got 20,815 votes to Esquivel’s 18,461. However, the Comelec issued an Order dated January 12, 2021, installing Austria back into office.
The Supreme Court is now investigating the judge.
Supporters of former mayor Sylvia Austria were seen in a video entering the Jaen municipal hall compound and were met by the supporters of incumbent Mayor Antonio Esquivel on Monday, based from a Tuesday report of Marisol Abdurraman of Saksi.
Austria's supporters trooped to the municipal hall bearing a copy of the resolution of the Sangguniang Bayan, which recognizes her as the duly elected mayor.
Austria was declared the winner in the May 2019 elections but she stepped down from office last December after the Regional Trial Court Branch 87 handed down a decision in favor of Esquivel's election protest.
The Commission on Elections second division, on Jan. 12, 2021 issued a status quo ante-order reinstating Austria as the mayor of Jaen.
Esquivel, however, did not accept the Comelec order and the resolution of the Sangguniang Bayan.
"A piece of scrap paper. Papano magre-resolution ang Sanggunian para magtanggal ng mayor. Medyo imposible yata 'yun," said Esquivel.
Austria, on the other hand, said "Ako'y naniniwala na ang aking katunggali ay bababa sa kanyang posisyon. Dahil wala siyang karapatan na manatili sa posisyon dahil siya'y hindi tunay na punong bayan ng Jaen."
Police deployed additional personnel at the Jaen municipal hall.
"Habang wala pa 'yung guidance ng DILG at ng headquarters, ime-maintain namin ang peace and order," said Police Col. Marvin Joe Saro, OIC police provincial director.
Esquivel said despite the political tension the transactions at the municipal hall will continue.
The trial court judge who issued the ruling is now facing administrative investigation by the Supreme Court for gross misconduct, gross incompetence, and gross ignorance of the law for alleged issuance of unlawful orders unseating a town mayor.
This came after the Office of the Court Administrator ordered Judge Angelo Perez of Cabanatuan City Regional Trial Court, Branch 27, to file his comment on the complaint filed against him by Jaen, Nueva Ecija Mayor Sylvia Austria accusing him of irregularities in resolving the election protest entitled Antonio Prospero Esquivel vs. Sylvia C. Austria, while sitting as Acting Judge of RTC, Branch 87, of Gapan, Nueva Ecija.
“The Comment should be submitted within 10 days from receipt of this Indorsement, copy furnished the complainant,” Court Administrator Jose Midas Marquez said, in an order dated December 3, 2020.
Perez was required to comment on the verified complaint dated November 11, 2020 filed by Austria.
Meanwhile, complainant Austria also asked the Supreme Court to investigate the entire RTC, Branch 87, of Gapan, Nueva Ecija for conspiracy, in connection with the alleged irregularities committed by Perez to favor Esquivel, the opposing mayoralty bet.
In a separate verified complaint, Austria filed administrative charges against Branch 87 Clerk of Court Atty. Maureen R. Genetiano-Pabaira; Branch Sheriff Jorge L. Battung and prayed that the respondents be penalized.
Austria claimed that there was deceit in Judge Perez’s issuance of the writ of execution on December 7, 2020 as she did not receive a copy of the ruling, denying her the right to appeal the case.
There are now two mayors in the municipality of Jaen due to Perez’s ruling installing Esquivel, which was later stopped by the Commission on Elections, which it issued a status quo ante order reinstating Austria last January 12, 2021.
Perez annulled Austria’s proclamation as winner in the Jaen mayoral race in 2019 after concluding that Esquivel garnered 18,737 votes while the municipal board of canvassers had previously proclaimed her after she got 20,815 votes to Esquivel’s 18,461. However, the Comelec issued an Order dated January 12, 2021, installing Austria back into office.
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