Comelec declares Abante winner but final say with SC, House
Manila Rep. Bienvenido Abante Jr. — House of Representatives
MANILA, Philippines — The Commission on Elections (Comelec) en banc, in a 12-page decision promulgated on Monday, declared reelectionist Bienvenido “Benny” Abante the duly elected representative of the City of Manila’s sixth district.
The poll body upheld the earlier ruling of its Second Division which favored Abante, as it also denied the motion for reconsideration filed by Luis “Joey” Chua Uy who was earlier proclaimed the winner in the May 12 elections.
In its June 18 resolution, the Second Division voided Uy’s certificate of candidacy (COC) due to issues over his Filipino citizenship.
The Comelec en banc, meanwhile, ordered Manila’s board of canvassers to reconvene and proclaim Abante as the only qualified candidate and the duly elected House representative for the sixth district.
READ: Abante on winning Manila 6th district race: Comelec showed ‘courage’
Of the seven Comelec commissioners, only five voted. Comelec Chair George Garcia took no part, citing “previous professional relationship with one of the parties” while Commissioner Ernesto Ferdinand Maceda Jr. inhibited himself as he and Abante both served as Manila councilors.
Asked if the Comelec en banc decision was final and executory, Garcia deferred the final decision either to the Supreme Court (SC) or to the House of Representatives Electoral Tribunal when the 20th Congress convenes later this month.
“We do not want to create that kind of scenario but we have no choice at this point because this case has to be resolved,” he told reporters.
The Supreme Court recently ruled that second placers in elections cannot be proclaimed the winner if the real winner is either disqualified or declared ineligible.
The Comelec ruled that Uy was not a natural-born Filipino citizen under the 1935 Constitution (which was in effect when he was born on March 15, 1962), which is a constitutional requirement for those seeking a congressional post.
At most, he is a naturalized Filipino citizen, with his father Uy Ho, a Chinese who was subsequently naturalized, and his mother, Emilia Chua, who lost her Filipino citizenship after her marriage.
With the cancellation of his COC, the poll body ruled that Uy was considered a noncandidate, and the votes cast in his favor declared as stray.
Abante lost to Uy in a tight race, receiving 63,358 votes compared to the latter’s 64,746.
In a statement, Abante thanked the Comelec for its courage and clarity, and for upholding the law and the truth.
‘This case is more than just a personal victory. It highlights the importance of protecting the integrity of our democratic institutions and ensuring that those who seek public office do so with honesty and transparency,’’ he said. —with a report from Jeannette I Andrade
