SC MARTINEZ III WON IN ’07 RACE
Source: Cebu Daily News | Cebu's Only Independent Newspaper
The Supreme Court en banc has declared former Bogo mayor Celestino “Tining” Martinez III as the duly elected representative of the fourth district of Cebu, four months before the May elections.
The High Court said Martinez won by close to 5,000 votes after 5,401 votes that were considered as stray votes by both the Commission on Elections (Comelec) and the House of Representative Electoral Tribunal (HRET), should have been counted in his favor.
With 5,401 votes more, the Supreme Court said Martinez had a total of 72,056 votes as against 67,108 votes garnered by Rep. Benhur Salimbangon, or a margin of 4,948 votes.
“Petitioner Celestino Martinez III is hereby declared the duly elected representative of the fourth legislative district of Cebu in the May 14, 2007 elections...The decision is immediately executory,” according to the 22-page decision released yesterday.
Salimbangon said the decision came as a shock but it wouldn't affect the people in the fourth district, which is composed of the city of Bogo and the towns of Daanbantayan, San Remegio, Medellin, Tabogon, Tabuelan and Bantayan Island consisting of Bantayan, Sta. Fe and Madridejos towns.
He said he would file a motion for reconsideration. While his lawyers in Manila had told him about it but he had not received a copy.
The decision was signed by chief justice Reynato Puno and associate justices Antonio Carpio, Renato Corona, Conchita Morales, Presbitero Velasco Jr., Antonio Eduardo Nachura, Teresita Leonardo-de Castro, Arturo Brion, Diosdado Peralta, Lucas Bersamin, Mariano de Castillo, Roberto Abad, Jose Perez and Jose Mendoza.
Former Bogo mayor Celestino “Tining” Martinez III said he felt vindicated by the Supreme Court because it proved that they did not cheat in 2007.
But he admitted that the decision would have minimal effect on his second bid for a congressional seat in the 4th district since only six months are left before the new term of office beings in July.
Martinez filed an election protest on July 9, 2007 to question the result of the May 14, 2007 election that declared Salimbangon the winner in the hotly contested fourth district congressional race.
He also asked that the votes for Martinez be counted in his favor since these had been considered as stray votes because of Edilito Martinez, another bet for 4th district congressional race whom Comelec declared as a nuisance candidate, a month after the May 2007 elections.
Martinez claimed that votes in the election returns were unlawfully increased in favor of Salimbangon.
The HRET said in its decision that the 5,401 ballots with Martinez or C. Martinez were not counted in favor of the former mayor because there was another candidate with the same surname who remained a congressional bet on election day.
The HRET denied Martinez' protest and upheld Salimbangon's victory by a margin of 453 votes.
Martinez elevated his case before the Supreme Court and file a petition for certiorari, questioning the decision of the HRET.
This time, the Supreme Court found his petition as “meritorious”.
The High Court said that Comelec should have given priority on the resolution of disqualification cases like the one filed against Edilito Martinez.
It also disagreed with the decision of the HRET, refusing to credit the 5,401 votes for C. Martinez in favor of the former mayor.
The Supreme Court said it was already evident in the Comelec findings that Edilito, a habal-habal driver, lacked interest to run in the fourth district congressional race due to his failure to submit a reply on the petition that declared him a nuisance candidate.
In contrast, Martinez was a well-known politician in the fourth district who also served as Bogo town mayor for three terms before running for the congressional seat.
“It seems too obvious that Edilito Martinez was far from the voter's consciousness as he did not even campaign nor formally launch his candidacy,” said the enbanc decision.
The Supreme Court said the HRET even failed to mention how much vote Edilito received as against Martinez'.
“Petitioner should not be prejudiced by Comelec's inefficiency and lethargy. Nor should the absence of objection over straying of votes during the actual counting bar petitioner from raising the issue in his election protest,” the High Tribunal said.
The Supreme Court said it was clear that Edilito's candidacy was meant to cause “confusion” among the voters and “spoil” the petitioner's chances of winning the election.
The said that the HRET “gravely abused its discretion in affirming the proclamation of respondent Salimbangon as the duly elected Representative of the fourth district of Cebu despite the final outcome of the revision showing 5, 401 ballots with only “Martinez” or “C. Martinez” written on the line for Representative”.
Such votes should have been counted in favor of petitioner Martinez.
“We therefore hold that ballots indicating only similar surname of two candidates for the same position may, in appropriate cases, be counted in favor of the bona fide candidate and not considered stray, even if the other candidate was declared a nuisance candidate by final judgment after election.”
Salimbangon said he would file a motion for reconsideration but the High Court's decision would not affect his reelection bid.
He said that he would ask the Supreme Court to disregard the copies of the Election Return that were presented to them for recount because these had allegedly been tampered with.
Instead, Salimbangon said he would ask the High Court to use as basis in the recount copies Ccimpel and Comelec's copies of the ER.
Now that he has been declared as winner in the congressional race, Martinez said he planned to represent the fourth district when Congress resumes session.
Martinez, who will face Salimbangon again in the May polls, said he would still consult his lawyers on their next move like the schedule of his oath taking and attending the remaining congressional sessions.
“There are still a lot of things that we need to reconcile. What are the things that we can do with what we have left,” said Martinez.
Supreme Court MARTINEZ III WON IN ’07 RACE
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