Local Comelec on nuisance candidate: Let’s wait final ruling

CEBU, Philippines — Lawyer Marie Velle Abella has to get at least 5,162 votes from the candidate the Commission on Elections (Comelec) has recently declared as nuisance for her to get a seat in the city council.

Marie Velle, who ran for councilor in the south district of Cebu City, ranked 10th with 110,131 votes while Sherwin Luie Abella, who was recently declared as nuisance candidate, got 20,262 votes in the last elections.

Comelec North District Officer Marchel Sarno said his office will just wait for the ruling and final decision of the Comelec First Division to determine how many votes of Sherwin will be transferred to Marie Velle.

“It depends on the action of the Commission on Elections kon mo-render sila nga iphon ang votes ni Sherwin ug idungag sa kang Atty. Amay (Marie Velle). Dili man automatic nga kon nuisance, ibalhin dayon sa pikas kay kailangan i-determine if ang position is single slot like mayor or multiple slot like councilor,” he told reporters.

Sarno said his office will just wait for the final decision from the division and central office, adding that the cancellation of the candidacy of Sherwin did not state as to how many votes will be transferred to Marie Velle.

Sarno said the Comelec will have to check the ballots since there is a possibility that a voter might have voted for the two Abellas.

City Councilor Phillip Zafra, who ranked eighth in the last elections, will still continue to function as legislator until the case will be decided.

Zafra, who got 115,292 votes in the last elections, is not worried on the developments of the case, believing that he will not be affected with the cancellation of candidacy of Sherwin.

He said he is not a party to the case of the two Abellas but he said he will just interfere with the decision if Marie Velle will file motion for her to be proclaimed.

“It is my contention that it will not affect my seat as a newly-elected and proclaimed councilor,” he said.

Zafra cited four reasons why this will not affect him: the cancellation of candidacy came late after the elections; Sherwin was not able to answer the petition because Comelec failed to locate him; the ballots are preprinted already and that the people know between the two Abellas; and lastly is that it is unfair to automatically credit the votes garnered by Sherwin to Marie Velle.

Zafra said he is monitoring the update of the case together with his legal team, adding that he intends to exhaust all legal remedies, if the need arises.

Marie Velle, for her part, went to the office of Sarno yesterday to check if Sherwin was able to receive the decision of the division and if the candidate has filed his motion for reconsideration.

“I will file (a) motion (for the) execution of the decision this week,” she said.

Marie Velle admitted that the process would still be tedious but she hoped that the Comelec will have the same efficiency in deciding her case like the other cases. (FREEMAN)