His first term starts in July yet: Benhur gives way to Tining

CEBU, Philippines - Rep. Benhur Salimbangon, who handily won the elections last Monday in Cebu fourth district, will only be serving his first term come July and not his second.

He will not even be reporting to the House of Representatives on May 31 and will give way to Celestino ‘Tining’ Martinez III to assume the House seat.

The Commission on Elections yesterday said that while Salimbangon has served the district since 2007, his win in that election has been nullified as the Supreme Court ruled that former Bogo Mayor Martinez III was the winner of that race.

Election officers Edwin Cadungog and Marchel Sarno said that this is so because Salimbangon’s term of office had been interrupted with the ruling of the Supreme Court.

The High Tribunal had given the go signal for Martinez III to assume as the duly elected congressman of the district, but this hasn’t materialized as Salimbangon’s camp has filed an appeal.

The 65-year old Salimbangon told The FREEMAN last night that he has decided to give Martinez the chance to sit in Congress when the session resumes on May 31.

He said that he will withdraw his appeal of the Supreme Court’s decision so the ruling would become final and executory.

“I-withdraw na lang nako ang akong appeal aron nga ma-consider nga first time pa kini nakong pagka kongresista kon molingkod na ko karong July 1,” said Salimbangon, a member of the Lakas-Kampi party. Martinez belongs to the Liberal Party.

Martinez, when sought for comment said that he is the sitting congressman and will be reporting to the House of Representatives when the session resumes.

“Di man na siya (Salimbangon) kaadto kay di man siya congressman,” Martinez told The FREEMAN last night.

“I will go there because it is part of my duty as congressman nga moproklamar sa mudaog pagka presidente,” he added.

Salimbangon defeated Martinez in last Monday’s elections. He garnered a total of 137,324 votes against the 66,165 of Martinez.

Cadungog who used to be the Comelec’s provincial director of Cebu, said the law provides that a politician can be considered having completely served his term if he is “duly elected” and has “fully served” his term.

“Bisan og nakalingkod og dul-an sa tulo ka tuig pagka kongresista si Salimbangon didto sa 4th District pero dili kadto makwenta nga first term kay giputol man ang iyang termino,” Cadungog and Sarno explained.

They cited the case of Guadalupe barangay captain Eugenio “Jingjing” Faelnar, who has been allowed by the Comelec to run in the 2007 elections even if he already served three terms as barangay captain because his term of office was interrupted when the anti-graft court suspended him for six months.

To recall, after the votes in the fourth district of Cebu were canvassed in 2007, Salimbangon garnered 67,277 votes, while Martinez had 67,173 that prompted Martinez to file an election protest.

   Martinez’s election protest was based on the claim that an estimated 300 ballots that were only marked “Martinez” or “C. Martinez” were not counted in favor of him, for the reason that there was another congressional candidate named Edelito C. Martinez in the same district.

   But Martinez has gained more votes when the Supreme Court ruled that those votes that was only marked Martinez will be counted in favor of him and also ruled that it was him who won the elections. — /NLQ (FREEMAN NEWS)