Benhur sues Tining for usurpation

CEBU, Philippines - Sitting Cebu fourth district Rep. Benhur Salimbangon has filed a complaint of usurpation of authority and official functions against Supreme Court declared congressman, Celestino “Tining” Martinez III.

 Salimbangon, assisted by his legal counsel Delon Richel Ramon Urot filed the complaint before the Office of the Provincial Prosecutor the other day.

It can be recalled that the Supreme Court, in its Entry of Judgment dated February 2, 2010, proclaimed Martinez as the winner for congressman of the district during the 2007 elections.

Salimbangon, in his three-page affidavit refuted that it would even be inaccurate or inexact for Martinez to claim to be the official congressman by virtue of the said decision and the consequent issuance of an entry of judgment therein.

Citing Section 5 (Oath or affirmation of members), Rule II of the House Rules of House of Representatives, he stated that members shall take their oath or affirmation collectively or individually before the Speaker in open session.

Salimbangon said that notwithstanding the SC decision and Entry of Judgment, for a member of the House to officially function the duties and responsibilities of a congressman, there must be an oathtaking before the Speaker inside the plenary before Martinez can assume his function as a congressman.

“Absent of which, I humbly and respectfully submit that I am the sitting and duly recognized representative of the 4th Legislative District of Cebu Province,” Salimbangon asserted.

According to Salimbangon that lacking the said mandatory requirement, the SC decision has not been implemented yet or remained unexecuted.

“For it may be said, that while the Supreme Court has its Rules of Court, the House of Representatives, on the other hand, has its House Rules,” the affidavit reads adding, “He (Martinez) has no right to stubbornly stick to his position and claim of office.”

Salimbangon further said that Martinez, in a letter dated March 1, 2010, knowingly and falsely represented himself to be the congressman of the fourth district, although in truth and in fact is not or has not assumed the position yet, performed an act pertaining to that of a congressman, without being lawfully entitled to do so.

The said letter is addressed to Tabogon Mayor Eusebio Dungog, who was directed by Martinez to recall for inventory purposes the multicabs entrusted to the respective barangays of the said town. These multicabs were given by Salimbangon through his Priority Development Assistance Fund.

A portion of the said letter signed by Martinez stated that “by virtue of the Philippine Supreme Court entry of judgment dated February 2, 2010 on the en banc case proclaiming that the undersigned is the duly elected fourth district representative, all doubts have been settled and the undersigned Hon. Celestino A. Martinez III is now vested with legal personality to discharge the function of his office.”

The letter was included in Salimbangon’s complaint for evidentiary purposes and to support his complaint against Martinez, who has likewise filed the same complaint against him last week.

Salimbangon also alleged that Martinez is using a special plate number “8” on his vehicle even if he was not given one under the 14th Congress.

Per information relayed, Salimbangon said that the plate number that Martinez uses on his vehicle is the one that was given to his mother, former Rep. Clavel Asas-Martinez under the 13th Congress which means that the plate has already expired.

Sought for comment, Martinez welcomed the complaint filed against him by Salimbangon saying he could use it once he files contempt of court case against the latter before the SC.   — Mitchelle L. Palaubsanon/WAB (THE FREEMAN)