Comelec rules with finality: Sherwin Luie Abella disqualified

CEBU, Philippines —  The Commission on Elections First Division has issued certificate of finality cancelling the candidacy of a certain Sherwin Luie Abella in the May 2019 elections.

Lawyer Marie Velle Abella who filed the petition said she has filed for the execution of the order declaring Sherwin Luie as a nuisance candidate who got 20,262 votes in the last elections.

“I just have to wait for further instructions from Comelec,” Marie Velle told The Freeman.

She said all votes that Sherwin got in the last elections will not automatically be transferred to her.

Marie Velle, who ran as councilor in the south district of Cebu City, ranked 10th with 110,131 votes while Sherwin got 20,262 votes.

“Not automatic, only those votes na siya ra ang gi-vote (It’s not automatic. Only the votes that were really for him),” she said.

In the decision, the Comelec cited that it failed to personally serve Sherwin a copy of the resolution disqualifying him last July.

Sherwin also did not file a motion for reconsideration.

“In view of the foregoing, the resolution of the Commission (First Division) dated 28 June 2019 is hereby declared final and executory,” the order reads.

Marie Velle needs to get at least 5,162 votes from Sherwin to unseat Councilor Phillip Zafra who ranked eighth in the last elections.

Commission on Elections North District Officer Marchel Sarno said they will wait for the ruling of the Comelec First Division on the number of votes that should be transferred to Marie Velle.

“We will wait nalang unsa decision sa motion for writ of execution (We will wait for the decision on the motion for a writ of execution),” he told The Freeman.

Zafra, for his part, said the finality of the decision does not affect him since it only talked about Sherwin’s candidacy.

Zafra, who got 115,292 votes in the last elections was not threatened of the development.

“Unless ang decision sa Comelec miingon nga i-transfer iyang votes to Atty. Amay, then mag-recount gyud na, para nako lang ha… ang final and executory is the disqualification but it does not mean nga ang votes ni Sherwin ma-transfer (Unless the Comelec says the votes will be transferred to Atty. Amay, I think they may have to be a recount… what is final and executor is the disqualification but it does not mean that Sherwin’s votes will be transferred automatically),” he said. —  JMO (FREEMAN)