Tining wants more time to file counter-affidavit on "standoff"

CEBU, Philippines – Defeated congressional candidate Celestino "Tining" Martinez III has asked the court to give him more time to file his counter-affidavit in relation to the so-called standoff that happened during the May 10 elections.

Martinez III, the last respondent who did not submit his counter-affidavit, has filed a motion for extension before the office of Prosecutor Raul Cristoria, asking for 15 days more to prepare his answer to the complaint filed by the camp of Rep. Benhur Salimbangon.

Cristoria has already sent a subpoena to Martinez III last July 14, 2010 regarding his failure to submit his counter-affidavit.

In the motion, Atty. Delon Richel Urot, counsel of Martinez III, stated that she failed to submit his client's counter-affidavit due to her busy schedule. She added she was not able to confer with Martinez III and clarify certain factual issues raised in the complainant's affidavit.

Urot also explained that the motion is "filed in utmost good faith and is not intended to delay the proceedings in the instant case." Martinez III is expected to file his counter-affidavit until August 10, 2010.

In an interview, Prosecutor Cristoria told The FREEMAN that after Martinez III filed his counter-affidavit, they will start examining it together with the counter-affidavits of his family including his parents Mayor Celestino "Junie" Martinez Jr., and his wife former congresswoman Clavel Asas-Martinez, brother Atty. Jose Carlo and supporters Bogo City Vice Mayor Santiago Sevilla; Atty. Ahmad Clay Escolar, and several others involved in the incident.

The prosecutor said that after the examination of the counter-affidavits, he will give the respondents five days for clarification before he will resolve the case.

"But if they will failed to submit the clarification I will immediately make a resolution of the case," Cristoria added.

The case stemmed from a stand-off between the camp of Salimbangon and the Martinezes during the May 10 elections wherein the respondents allegedly blocked the private vehicles of the complainant.

Salimbangon claimed that they went to Barangay Polambato in Bogo City to check the reports that the board of election inspectors in the polling precincts was issuing priority numbers only to Martinez supporters. Salimbangon said that they were confronted by the respondents prompting them to leave the area to avoid conflict. However, on their way out, their convoy was blocked by the cars of the Martinezes.

The complainants claimed that they were technically detained for several hours because of the blocking of their convoy

Last May 10, Tining ran for representative of the fourth district but lost to Salimbangon, whose sister, Mariquita Salimbangon-Yeung, also challenged Junie's reelection bid as mayor of the city. (THE FREEMAN)