Comelec to hear Martinez plea for new canvass board

The Comelec central office in Manila has set a hearing on Friday, June 1, of a petition of fourth district congressional candidate Celestino “Tining” Martinez III for the formation of new members of the Board of Canvassers for Bogo.

Comelec clerk of court Delon Richel Ramon Urot, in a notice of hearing, informed the camps of Martinez and that of congressional candidate Benhur Salimbangon to submit their respective documents and arguments over the Martinez petition.

Tining filed the petition at the Comelec last Monday contending that the proceedings conducted by the present Fourth Board of Canvassers for Bogo, led by its chairman Eddie Aba, was illegal.

On Friday last week, Aba, who is also the Comelec-7 deputy director, decided to transfer the 15 contested election returns from Bogo, citing “serious doubts” on their authenticity.

These returns are still sitting idly at the Philippine International Convention Center where it have been kept after these were brought to Manila last May 25.

The Comelec’s second division, headed by Commissioner Florentino Tuazon Jr, last May 28 ordered Aba and his members of the board to submit an explanation on their decision to transfer the ERs to Manila reportedly without any authority first from the central office.

Tining’s father, Bogo mayor-elect Celestino “Junie” Martinez Jr, commented on DyAB radio yesterday about the issue: “Kahibulongan kaayo kay way written order (for Aba).”

Aba was earlier quoted as saying that he was surprised of the Comelec order because the board that he headed merely wanted to ferret out the truth over the contested ERs.

Junie insisted that the transfer of the ERs to Manila was a violation of election rules, saying that even the transfer of ballot boxes from Bogo to Capitol, then later to the Comelec regional office required an authorization from Commissioner Resurreccion Borra.

Salimbangon however asked the Comelec to deny the petition of Tining Martinez “for utter lack of merit,” and for the technical examination of the 15 ERs to resolve finally the question of “authenticity, genuineness and regularity” of these contested documents.

It was Salimbangon who asked the 3rd Special Board of Canvassers for Bogo to defer the canvassing of 15 returns alleging that these were spurious.

Salimbangon, in his 9-page motion to comment and opposition-in-intervention against the Martinez petition argued that the Board of Canvassers has two concepts... partly ministerial and partly quasi-judicial.”

During the canvassing, the duty of the board is ministerial, he said, and for its quasi-judicial duties includes the determination of the authenticity and regularity of contested ERs.

Meanwhile, the Martinez’s camp agreed that  the canvassing of these 15 ERs, already in Manila, be finished in Manila.

“Para nako, adto nalang sa Manila, too many transfers, too many hassles, daghan kaayo panghitabo,” said Junie Martinez yesterday.

Junie said that when the canvassing of the Bogo ERs is done, his son Tining would come out the winner, citing that these contested ERs are from barangays Marangub, Udlot, and Nailon, which are unquestionably the turfs of the Martinezes.

Without these ERs and based on the last Comelec canvassing, Salimbangon leads Tining by over a thousand votes. — Gregg M. Rubio and Gerome M. Dalipe/RAE