JAEN, Nueva Ecija – The Commission on Elections dismissed the motion for reconsideration filed by sitting Mayor Antonio Prospero Esquivel to stop the reinstatement of Mayor Sylvia Austria on Monday, Feb. 15.
In a resolution signed by presiding commissioner Socorro Inting and senior member Antonio Kho, Jr., the Comelec Second Division said the Comelec has the authority to issue provisional remedies to prevent irreparable injury or preserve the rights of the parties.
In his petition, Esquivel sought the reversal of the Comelec Second Division’s Feb. 3, 2021 order which directs the Department of Interior and Local Government to implement its status quo ante order (SQAO) that reinstates Austria as mayor.
Esquivel maintained that the Comelec has no jurisdiction over the subject matter, the act being restrained already a fait accompli which cannot be a subject of a temporary restraining order, and that the SQAO was “improvidently issued which trampled upon” his right to due process.
But the Comelec stressed it is the one with jurisdiction to issue a writ of certiorari in aid of its appellate jurisdiction.
“Clearly, petitioner erred in invoking this Court’s power to issue said extraordinary writ,” it added.
Aa of press time, the DILG has yet to implement the Comelec order.
