Supreme Court denies Benhur move to challenge poll ruling

CEBU, Philippines - The Supreme Court has denied the motion for leave to file a second motion for reconsideration filed by Fourth District Rep. Benhur Salimbangon.

The said motion was handed down by the Supreme Court en banc last January 26.

Last January 25, Salimbangon’s lawyers Sixto Brillantes Jr. and Delon Urot filed two separate motion before the Supreme Court praying that Salimbangon be granted leave and due permission to file within a non-extendible period of one week or until February 1, 2010, a second motion for reconsideration.

Urot, aside from asking the same thing as that of Brillantes, is asking the court to review all the issues raised in their petition and their comment dated December 28, 2009 and reconsider and set aside the January 12, 2010 decision and enter a new one dismissing the said petition.

Urot also asked the Highest Tribunal that the “immediate executory” character of the January 12, 2010 decision be set aside so as not to render their motion moot and academic.

But the Highest Tribunal in its latest decision stated that they will no longer entertain any petition in connection with the electoral controversy involving Salimbangon and former Bogo Mayor Celestino “Tining” Martinez III, who was earlier declared by the latter in its January 12, 2010 decision as the winner of the congressional race during the May 2007 elections.

The decision was contested by Salimbangon.

In separate interview, Salimbangon is confident that there is no way for Martinez to take his oath before the House of Representatives on Monday as the legal battle is not yet over.

“Black propaganda ra nang iyaha. He cannot take his oath in Congress because the Office of the Solicitor General has still filed a motion for reconsideration that the Supreme Court has to resolve,” Salimbangon said.

Last week, the OSG requested the House of Representatives through House Speaker Prospero Nograles to maintain and not disturb the present and current status in connection with the recent electoral controversy involving Salimbangon and Martinez.

“The decision dated January 12, 2010 has not attained finality or is not yet final and executory,” said Alberto Agra, acting solicitor general, in his letter addressed to Nograles. — Mitchelle L. Palaubsanon/BRP   (FREEMAN NEWS)