Benhur indicted for usurpation; Junie, son for grave coercion

CEBU, Philippines – The Cebu Provincial Prosecutor's Office has indicted Fourth District Rep. Benhur Salimbangon for usurpation of authority and official functions.

Acting provincial prosecutor Raul Cristoria found probable cause to elevate the complaint that former congressman Celestino "Tining" Martinez III has filed against Salimbangon based on the Supreme Court decision that declared the latter as the duly elected representative of the district during the 2007 elections.

Tining filed a complaint against Salimbangon for refusing to step down and instead continue to discharge the functions and duties of the congressman despite the high court's decision.

Tining earlier chided Salimbangon for posting posters and billboards in the district declaring himself as congressman and his continued use of a Plate No. 8 for his vehicle as well as the title Congressman in all his documents.

Cristoria on the other hand dismissed a similar complaint that Salimbangon filed against Tining. The fiscal's office did not find probable cause to indict the former congressman because he was then the duly elected representative of the district.

In another criminal complaints stemming from the political squabbles in the district, Bogo City Mayor Celestino "Junie" Martinez Jr. and several others including his son, Jose Carlo, were indicted of grave coercion in connection with the so-called stand-off during the last May 10 elections.

Cristoria found probable cause to elevate the criminal complaint that Salimbangon has filed against Junie, Jose Carlo, Santiago Sevilla and several other unidentified persons for allegedly blocking their vehicle convoy in Barangay Pulambato during the election day.

Cristoria however dismissed the same complaint against Junie's wife, former congresswoman Clavel Asas-Martinez and son also former congressman Celestino "Tining" Martinez III, and Ahmad Clay Escolar for lack of merit.

The prosecutor's office also dismissed the arbitrary detention charges against the Martinezes, Sevilla, Escolar and several others for lack of evidence.

"To the mind of this Office, the crime that was probably committed by some of the herein respondents during the subject incident was grave coercion. The charge of arbitrary detention is not established by the evidence presented," Cristoria ruled.

The resolution stated that there was a serious doubt even until now whether the complainants were indeed detained in the area while their vehicles were prevented from moving forward.

What was evident from the facts established in this case was that, the respondents are only interested in having the complainants' vehicles searched for loose firearms prompting them to set up the barricade.

"Under such circumstance, it is so difficult to believe that anybody could effectively put a restraint upon several other person's freedom," the resolution reads.

The resolution added that the respondents' claim that they acted in good faith, is a matter that could not be resolved by way of a summary proceeding, such defense should be submitted for the strict scrutiny of the court through a full-blown trial on the merits.

Salimbangon earlier filed a string of criminal complaints against the Martinezes and some of their supporters because of the stand-off. Salimbangon claimed to have been detained by the suspects because their convoy was prevented from leaving Barangay Pulambato for several hours. - with reports from MYLEN P. MANTO/FPL (THE FREEMAN)