House Speaker Nograles clarifies: Martinez not yet a House member

CEBU, Philippines - House Speaker Prospero Nograles yesterday clarified that former Bogo City Mayor Celestino “Tining” Martinez III did not take his oath as member of the House of Representatives replacing Cebu fourth district Rep. Benhur Salimbangon.

Nograles said the photograph that showed Martinez “swearing in” before him at his office at the Lower House was just for photo opportunity.  

“That is just a picture taking. Pang photo ops ra to,” said Nograles at the VIP Lounge of the Mactan Cebu International Airport yesterday.

Nograles explained that before last month’s “oath-taking,” Martinez assured him that he will not join with the minority party.

“That’s why he (Martinez) took his oath that he will not join with the minority. Pero dili to oath-taking nga congressman na siya because the oath-taking of a congressman has to be done at the Plenary Hall in the presence of the members,” Nograles said.

But when asked for comments, Martinez said Nograles was just trying to give a “pat on the back” to Salimbangon.

“The Speaker is a lawyer. He knows the law even better than I do. I have complied with all the requirements as duly elected member of the House,” Martinez said.

Controversy erupted between Salimbangon and Martinez when the Supreme Court, in its January 12, 2010 decision, declared the latter the winner in the district’s congressional race during the 2007 elections.

The House of Representatives Electoral Tribunal earlier declared Salimbangon the winner following the electoral protest filed by Martinez.

Martinez, however, elevated the matter to the Supreme Court through a petition for review.

Nograles said Martinez failed to take his oath at the Plenary Hall for him to be considered as a House member.

“He cannot take his oath before the Plenary Hall because there is no more session. My unsolicited advice is, sport na lang gud and let the people decide in the May 10 election,” Nograles said.

But Martinez said the Supreme Court had already decided and that and he will not allow small matters like this to degrade the position he now holds.

Nograles said that since Martinez did not take his oath at the Plenary Hall, he cannot be included in the roll-call of House members.

Besides, Nograles explained that there is still pending legal issues on the case that the Supreme Court has yet to resolve.

The House Speaker said Martinez likewise cannot be given any House committee or claim any salary as congressman since he has not taken his oath of office.

“The operative act is the taking of an oath. I am not taking sides. Wala koy labot aning isyuha. I am not fighting anyone,” Nograles clarified.

The House will have its next session on May 31, or 21 days after the May 10 elections.

“Hapit na man ang election, by that time we will know kinsa nilang duha ang padag-on sa katawhan,” he said.

Salimbangon and Martinez will again slug it out for congressman in the next elections. — /LPM   (FREEMAN NEWS)