Comelec favors disqualification case filed by BOPK ally vs candidate with same surname in May polls

Atty. Marie Velle Abella

CEBU CITY, Philippines – The Bando Osmeña Pundok Kauswagan (BOPK) is expected to get a boost in numbers after the Commission on Elections (Comelec) First Division ruled on the cancellation of the certificate of candidacy of Sherwin Luie Abella, who sought an elective post for Councilor in Cebu City’s south district in the May 13 midterm polls.

The First Division has declared Sherwin a nuisance candidate after he failed to answer the petition for his disqualification filed by lawyer Marie Velle “Amay” Abella, who is a BOPK candidate for Councilor in the same district.

Sherwin and Atty. Abella share the same surname.

“Several attempts on the part of the Commission (First Division) to serve the Notice/ Order were to no avail, because he (Sherwin) cannot be located in his given address,” says the five page decision promulgated on June 28, 2019 and signed by Presiding Commissioner Al Parreño and Commissioners Ma. Rowena Amelia Guanzon and Marlon Casquejo.

“Since the Respondent failed to advance any rational justification rebutting Petitioner’s substantial evidence, this Commission has no other recourse but to declare him a nuisance candidate under Section 69 of the Omnibus Election Code,” said order said.

Atty. Abella was furnished a copy of the First Division’s order on July 2.

With Sherwin’s disqualification, Atty. Abella hopes to get the 20, 262 votes that the latter garnered in the election. Atty. Abella said that the votes cast for Sherwin may be added to the 110, 131 votes that she garnered to ensure her victory in the polls.

Abella occupied the ninth spot in the south district race next to Councilor Philip Zafra of the Barug-PDP Laban.

With the addition of the 20, 262 votes from Sherwin, the votes which Atty. Abella gathered in the May 13 election will now total to 130, 393, more than enough to unseat Zafra.  The addition will give Atty. Abella a 15, 101 votes lead against the former Tisa barangay captain who garnered 115, 292 votes that gave him the 8th slot in the City Council.

Should Abella assume office, her addition will bring the number of BOPK Councilors in the City Council to a total of seven.

Two BOPK allies – Alvin Arcilla and Sisinio Andales – were were earlier ordered disqualified by Comelec from seeking a fourth term in office. They were also replaced by Barug allies Jerry Guardo and Joel Garganera.

Atty. Abella filed her Certificate of Candidacy for Cebu City south district on October 15, 2018. The next day, Sherwin also filed his COC as an independent candidate.

On October 22, Atty. Abella filed a petition asking Comelec to disqualify Sherwin from seeking an elective post.

In her petition, Atty. Abella  alleged that Sherwin sought election “to put the election process in mockery and disrepute or cause confusion among the voters by the similarity of the Petitioner and Respondent’s surname.”

But while both the petitioner and the respondent share the same surname, the First Division learned that Sherwin, an independent candidate in the May polls, does not even have a known profession.

“This all the more prove that Respondent does not have a bona fide intention to run for Member, Sangguniang Panlungsod of the 2nd District of Cebu City,”  says the First Division’s decision.