Manila’s Joey Uy files motion for reconsideration vs Comelec

MANILA, Philippines — Manila 6th district representative-elect Joey Uy has sought to reverse the ruling of the Commission on Elections (Comelec) Second Division that voided his certificate of candidacy (COC) thus, invalidating his recent proclamation as the winner in the 2025 midterm elections.

The motion for reconsideration was filed on Monday before the Comelec. This came after the Comelec Second Division in its June 18 resolution voided Uy’s COC, and considered his proclamation as the winner of the congressional race as “annulled” due to material representation on his citizenship.

Bienvenido “Benny” Abante Jr., in his petition, alleged that Uy is not a natural-born citizen, despite the latter’s declaration in his COC. The second division ruled that Uy is “at most a naturalized citizen, not a natural-born one,” noting that he only acquired his citizenship after his father’s naturalization.

Abante in his petition noted that Uy was born on March 15, 1962, to a Chinese father, Uy Ho, who acquired Philippine citizenship through naturalization when Joel was five years old, and to a Filipina mother.

READ: Comelec division declares Abante winner of Manila’s 6th district

The second division then declared Abante as the duly elected winner in the 2025 midterm elections. Abante lost his reelection bid to Uy in a tight race, where he got a total of 63,358 votes while the latter garnered a total of 64,746 votes.

In his appeal, Uy said that “the evidence is insufficient to justify” the promulgated resolution, adding that it is “contrary to law.”

Asserting that he is natural-born Filipino, Uy argued that “[h]is assertion of natural-born citizenship is not a mere declaration made for political convenience, but an affirmation continuously reflected in his residence, education, voting history, and dedicated public service—all clearly evidencing unwavering allegiance to the Republic.”

Uy said that the second division made a mistake in finding material misrepresentation, despite Abante’s failure to prove falsity and intent to deceive. The appeal noted that the intent to deceive was not discussed nor established in the resolution.

“[N]ot only did Abante fail to demonstrate that Cong. Joey knowingly made a false statement, but the COMELEC Second Division’s Resolution itself contains no finding, analysis, or even discussion on whether Cong. Joey intentionally made a false declaration in his Certificate of Candidacy,” the appeal read.

The appeal also said that the second division “grossly misapplied citizenship laws and jurisprudence,” noting that:

• Marriage to a foreigner alone does not cause loss of Filipino citizenship
• Those born of Filipino mothers with an alien father, being natural-born Filipino citizens, need not elect Philippine citizenship
• Natural-born Filipino citizens include those born of Filipino mothers with an alien father.
• Abante’s attack on Cong. Joey’s citizenship by questioning his mother’s Filipino citizenship constitutes an impermissible collateral attack.

The appeal stated that Uy was born during the effectivity of the 1935 Constitution, emphasizing that his citizenship is derived under paragraph 4 of the Article IV, Section which states that Filipino citizens are “[t]hose whose mothers are citizens of the Philippines and, upon reaching the age of majority, elect Philippine citizenship.”

Further, Uy argued that the petition must be filed during the 25-day period from the time of the filing of the COC. The filing of COC for the 2025 midterm elections took place in October 2024 while Abante filed his petition on May 22, 2025.

READ: Joey Uy insists that he’s a Filipino amid Comelec decision

“The COMELEC Second Division gravely erred in assuming jurisdiction over Cong. Joey’s eligibility beyond the limited scope allowed under Section 78 [of the Omnibus Election Code] and after his proclamation,” the appeal said.

Comelec chair George Erwin Garcia on Tuesday said that the motion for reconsideration will be elevated to the Comelec en banc on Wednesday.

Garcia earlier said that Uy can assume office on June 30 as he was already proclaimed as the winner in the 2025 midterm elections. /cb