Tining: 'The fight is not yet over'

CEBU, Philippines – The House of Representatives Electoral Tribunal may have dismissed the election protest filed against fourth district Rep. Benhur Salimbangon, but to Celestino “Tining” Martinez III, who filed the petition, the fight is still far from over.

Martinez III said yesterday that they will be filing a motion for reconsideration in a bid to reverse the decision of the HRET that affirms the proclamation of Salimbangon as the winner during the 2007 elections as congressman of the fourth district.

In a press conference yesterday, Martinez III said that the HRET decision is nothing but a “political decision” and not necessarily the truth.

Martinez III, a former mayor of Bogo City, said that in the event they will lose in the HRET, they will elevate the matter to the Supreme Court.

“I am no longer fighting for a seat. What I am fighting now is for this matter to be resolve and create a precedent,” Martinez said, adding that since elections is already around the corner, he is not expecting that the matter will be resolved before 2010.

Likewise, Martinez III showed a copy of the dissenting opinion on the HRET May 28, 2009 decision of Supreme Court Associate Justice Antonio Eduardo Nachura, who is one of the members of the said Tribunal.

In his nine-page dissenting opinion, Nachura said that the 5,401 ballots with “Martinez and “C. Martinez” only written on the space for representative be admitted and counted in favor of Martinez.

The Tribunal in its decision however did not consider the “Martinez” and “C. Martinez” as a vote for Martinez III but were treated as stray ballots as there is no way of determining the real intention of the voter.

In the May 14, 2007 national and local elections, two Martinezes were listed as candidates in the fourth congressional seat, Edilito C. Martinez and Celestino Martinez III.

Rep. Salimbangon, in a separate interview, however said that he never cheated in the election and the recent HRET decision that declared him as the true winner is not just his victory but victory of the people.

“Syempre nalipay ko sa decision sa HRET. Pero dili ni akong kadaugan, kadaugan ni sa katawhan,” Salimbangon said.

The congressman added that despite of the election protest that Martinez III filed against him, he performed and did his job as the representative of the fourth district. — Mitchelle L. Palaubsanon/WAB (THE FREEMAN)