Benhur to appeal court's dismissal of Martinez case

CEBU, Philippines - Cebu fourth district Rep. Benhur Salimbangon, through his legal counsels, will be filing a motion for reconsideration on the dismissal of the arbitrary detention case he filed against the Martinez family and several others in connection with the Bogo City stand-off last May 10, 2010.

Lawyer Delon Urot, one of Salimbangon’s legal counsels, said yesterday that they will be filing the motion on Monday as they firmly believe that all the accused were guilty of the crime.

The Office of the Prosecutor of Cebu City had dismissed for lack of probable cause the complaint for arbitrary detention filed against Bogo City Mayor Celestino “Junie” Martinez, his son, Jose Carlo Martinez, Santiago Sevilla, and several John Does.

However, the prosecutors found probable cause to hold Junie, Jose Carlo, Sevilla and several John Does for trial for the crime of grave coercion.

Raul Cristoria, Acting Provincial Prosecutor of Cebu, stated in his five-page resolution dated August 2, 2010 that the complaint for grave coercion against Junie’s wife, former congresswoman Clavel Asas-Martinez and her son, former Bogo City mayor Celestino “Tining” Martinez III and one Ahmad Clay Escolar is dismised for lack of prima facie evidence.

Salimbangon and several others filed a case for arbitrary detention and grave coercion against all the respondents in connection with the Bogo stand-off during the election day.

At about 4:00 p.m. last May 10, the congressman and several of his supporters were about to leave Polambato Elementary School in Bogo City on board in their vehicles when they were blocked by several private vehicles owned by the Martinez family.

Salimbangon’s convoy was not allowed to pass allegedly upon the instruction of Martinez Jr., Atty. Carlo and Sevilla.

“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 said in his resolution. (THE FREEMAN)