Comelec: House to decide on jurisdiction of Joey Uy case

Inquirer file photo

MANILA, Philippines — The House of Representatives will now decide who will sit as a member of the institution for the 20th Congress, according to Commission on Elections (Comelec) Chairman George Erwin Garcia on Monday.

This is what Garcia answered when asked if the Comelec en banc’s decision to uphold the ruling of its second division on the case of Joey Chua Uy is final and executory.

Garcia said that he couldn’t answer what the implication of the en banc’s ruling will be as it will be the center of debate of the camp of Uy and his rival Bienvenido “Benny” Abante Jr.

“In the end, when July comes, the Supreme Court said that the House of Representatives will have the control on who will be the members of the institution,” Garcia told reporters in an interview.

READ: Comelec upholds decision declaring Abante as Manila congressman

In a 12-page resolution dated June 30, the Comelec en banc junked the motion for reconsideration filed by Uy and upheld the decision of the second division to annul the proclamation of Uy as Manila City 6th District representative-elect and to declare Abante as the rightful winner of the congressional race.

Garcia said that the en banc, voting 5-2, affirmed the second division’s ruling that Uy is not a natural-born citizen, but a naturalized Filipino based on the 1935 Constitution, the constitutional regime Uy was born into.

Garcia noted that a naturalized Filipino citizen cannot be elected into a congressional post.

Meanwhile, when asked if the Comelec would lose its jurisdiction on the case of Uy on June 30, 12:01 p.m., Garcia answered in the affirmative. He also said that the House of Representatives Electoral Tribunal will now decide on the case.

“When 12:01 [p.m.] comes, we will no longer have jurisdiction over other national positions with pending cases before us, but we will retain jurisdiction over those who we did not proclaim,” Garcia explained.

However, Garcia said that the poll body will retain its jurisdiction over local positions with pending cases before the poll body even after June 30.

Further, when asked if Uy could assume office, Garcia reiterated the three requisites for the membership of the House of Representatives.

READ: Comelec: Abante’s proclamation as Manila solon pending

“The [case] of Reyes vs. Comelec says that as long as there is proclamation, oath-taking, and assumption to office at 12:01 p.m., a candidate for a congressional race can assume office as a representative,” Garcia said.

“When one requisite is lost, no representative must assume office this afternoon,” he added. /das