CEBU, Philippines - The Cebu Provincial Prosecutor’s Office has dismissed the electoral sabotage complaint filed by fourth district Rep. Benhur Salimbangon against Celestino Martinez III and two members of board of canvassers who served during the May 2007 elections.
Acting Cebu Provincial Prosecutor Raul Cristoria dismissed the case against Martinez and two others for insufficiency of evidence.
“Finding of probable cause cannot be determined by this office on the basis of evidence that is insufficient for its intended purpose,” Cristoria ruled.
According to Cristoria, the complaint passed by Salimbangon was not supported by the affidavit of witnesses who have personal knowledge of the election offense alleged to have been committed by the respondents Martinez, Jose Menguez and Rhett Menguez.
He added Salimbangon has not even implied in his sworn-declaration that it was him who personally witnessed the irregularities the 2007 elections done by the respondents.
Salimbangon alleged in his complaint that Martinez, with the help of the two members of Board of Canvassers, sabotaged the results in the municipality of Bogo.
He said Martinez was proclaimed winner in the 2007 elections because the canvassers were in favor of Martinez.
The election returns of all polling precincts in Bogo allegedly started to arrive and were received by the concerned reception and custody group at around 10 p.m. on May 14, 2007.
Salimbangon said Jose and Rhett Menguez allegedly intentionally delayed the canvassing of the election returns despite being obliged to complete the canvassing within 36 hours from receipt of the election returns.
“For several times, the canvassing was adjourned and yet the Board of Canvassers allegedly failed to re-convene on time because respondents Jose and Rhett Menguez would arrive late,” Salimbangon said.
He also said the delay in canvassing was done to achieve a “grand design of substituting the election returns with manufactured results of the elections.”
He added Martinez committed acts of massive tampering and substitution of election returns that resulted in the increase of his votes.
But Martinez denied all the accusations, saying the board of canvassers did not commit any illegal act during 2007 elections./WAB (FREEMAN)