Petition To Nullify Proclamation: SC asks Benhur to give comment

The Supreme Court has taken cognizance of the special civil action filed by defeated congressional candidate Celestino “Tining” Martinez III to have Benhur Salimbangon’s proclamation as the winning candidate in the 4th District declared as null and void.

In a July 10 resolution quoted by lawyer Maria Luisa Villarama, clerk of court, the Supreme Court en banc ordered the second division of the Commission on Elections, members of the 3rd Special Board of Canvassers for Bogo and Salimbangon to submit within 10 days their respective comment on the petition for certiorari, prohibition and mandamus filed by Martinez.

The high tribunal likewise gave them a non-extendible five-day period to comment on the urgent ex-parte motion for the issuance of a Temporary Restraining Order or a Status Quo Ante Order.

The Status Quo Ante Order, if granted by the Supreme Court, would nullify Salimbangon’s proclamation, according to lawyer Inosencio de la Cerna, counsel for Martinez.

The Supreme Court however clarified in its resolution that their ordering the Comelec and Salimbangon to submit their comments on the special civil action filed by Martinez does not necessarily mean that they are giving due course to the petition.

Martinez earlier sought the high court’s intervention supposedly to prevent Salimbangon’s proclamation. They claimed that the Comelec second division’s declaration that the 15 election returns from Bogo were spurious and manufactured is baseless.

De la Cerna said that the Comelec did not even bother to open the ballot boxes containing the alleged manufactured returns and were surprised that such were declared spurious and manufactured.

But, despite the filing of the petition for certiorari, prohibition and mandamus, Salimbangon’s proclamation was not prevented. De la Cerna however said that they are not giving up yet, because the proclamation could still be nullified as soon as a Status Quo Ante Order is granted by the Supreme Court.

Moot And Academic

The camp of Salimbangon would still file their comment despite branding the petition of Martinez as “moot and academic.”

Delon Richel Ramon Urot, Salimbangon’s lawyer, yesterday said that on Monday, they would file the comment, but would also file cases in relation to the canvassing of Bogo ballots for the May 14 elections.

Urot explained that the fact that Salimbangon has been proclaimed winner by the Comelec renders the complaint moot and academic.

However, the SC would still have to resolve the petition after the respondents would file their comment.

Martinez’s camp is only allowed to file an election protest before the House of Representatives Electoral Tribunal within ten days after the proclamation of Salimbangon.

Urot said that if Martinez would file a protest before HRET, the petition at SC must be withdrawn first.

Filing Of Cases

On Monday, Urot said that they are filing charges for election offenses against Bogo election officer Jose Minguez, municipal treasurer Rhett Minguez and election assistant Mylene Pitogo.

Urot stressed that the case will only focus on the canvassing of votes in Bogo wherein the alleged maneuvering of election returns occurred resulting to the delay of the canvassing and proclamation of winners.

The municipal board of canvassers led by Jose Minguez then inhibited themselves and requested that the canvassing be held at the Provincial Capitol.

The controversy reached Comelec Manila where at least 15 election returns were found to be spurious and manufactured.

“Amo gyud tiwason ang kaso kay pait kaayo ang amo naagian, hago kaayo mi,” Urot said.

On the other hand, Salimbangon said that he entrusted to his legal panel the cases that they are filing as he wants to concentrate on his work as congressman.

He said that filing those cases is not a form of reprisal to those involved in the alleged election sabotage but “to give justice to those who sacrificed for him.”—with Gregg Rubio/NLQ