CEBU Provincial Election Supervisor Lionel Marco Castillano said that after the Commission on Elections (Comelec) executes its decision declaring Sherwin Luie Abella as a nuisance candidate, Marie Velle “Amay” Abella would become a councilor in Cebu City’s south district if she has more votes than the eighth councilor—Phillip Zafra.
In a separate interview, Marie Velle—a Bando Osmeña Pundok Kauswagan (BOPK) member—told SunStar Cebu that she will file a petition to the Comelec central office in Manila on Tuesday, July 9, 2019 to ask the Comelec to execute its decision against Sherwin Luie.
For his part, Zafra said he is only monitoring the progress of the case, and he will only take action if there will be a recount of votes.
“Let’s just wait for the final decision (of the Comelec). And in the right time, maybe we can intervene,” he said in a phone interview.
Castillano recalled a similar case to that of Marie Velle and this happened in the May 2007 election—Celestino “Tining” Martinez III ran for the fourth district’s seat in the House of Representatives against Benhur Salimbangon. There was another Martinez who ran for congressman.
Tining filed a petition asking the Comelec to cancel the certificate of candidacy of the other Martinez for being a nuisance candidate.
The case reached the Supreme Court (SC), which ultimately declared the other Martinez as a nuisance candidate because his intention to run was just to confuse the voters.
The SC further ordered that the votes of the other Martinez shall be added to Tining’s. After the votes of the two Martinezes were combined, Tining was declared as winner over Salimbangon.
Despite the SC decision, Tining was only able to attend the last session of the House of Representatives in the first quarter of 2010 because it adjourned for the election on that year. Salimbangon’s tenure as congressman from 2007 until 2010 was voided.
Castillano said this situation could also be applied in the case of Marie Velle against Sherwin Luie.
“The writ of execution will indicate the creation of the new board of canvassers who will add the votes of Sherwin Abella to Amay Abella and they can proclaim Amay Abella as the legitimate winner if she will place eighth. No more recount,” he said.
In the May 13 midterm elections, Marie Velle ran for a slot in the eight seats available for the south district in the City Council. Marie Velle got 110,131 votes, while Sherwin Luie ran as independent and he finished in the 18th spot with 20,262 votes.
If Sherwin Luie’s votes would be added to Marie Velle’s, the latter would get a total of 130,393 votes, enough to bump off Zafra from the eighth place. Zafra, an ally of administration party Barug PDP-Laban, got only 115,292.
The Barug and BOPK parties would have nine councilors, respectively, if Amay is sworn in as councilor. In cases of a tie, presiding officer Vice Mayor Michael Rama would break it and he is a Barug ally. (EOB, JJL)