Comelec: Abante’s proclamation as Manila solon pending
Commission on Elections Chairperson George Erwin Garcia ( Noy Morcoso/ INQUIRER.net)
MANILA, Philippines — Bienvenido “Benny” Abante Jr. cannot be proclaimed yet as the winner of Manila’s 6th District congressional race since the decision of the Commission on Elections Second Division to void the proclamation of his rival is not yet final and executory, Comelec Chairperson George Erwin Garcia said on Thursday.
“What you should always look at is when the Comelec issues a certificate of finality and entry of judgment. These certify that the decision of the Comelec is final and executory,” Garcia told reporters in an online interview.
READ: Comelec division declares Abante winner of Manila’s 6th district
The Comelec Second Division on Wednesday declared Abante as the duly elected representative of the Manila 6th District congressional race district after it voided Joey Uy’s proclamation and certificate of candidacy (COC) due to material misrepresentation.
Abante, in his petition, alleged that Uy is not a natural-born Filipino citizen, in contrast to what the latter stated in his COC.
The 1987 Constitution states that being a natural-born citizen is one of the qualifications to be a member of the House of Representatives.
Uy said that he was born on March 15, 1962, to a Chinese father, who acquired Philippine citizenship through naturalization when he was five years old, and to a Filipina mother.
The 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 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.
READ: Comelec orders proclamation of winning Manila 2nd District candidate
Garcia also said that Uy can assume office on June 30 as he was already proclaimed as the winner in the 2025 midterm elections.
“Kahit annulled na yung kanyang proklamasyon, kung hindi pa final and executory yung decision, maaaring may effect pa yung proklamasyon hanggang walang finality yung decision na binabalewala yung naturang proklamasyon,” Garcia added.
“Even when the proclamation is annulled, if the decision is not yet final and executory, the proclamation still has effect until there is a finality in the decision to declare the proclamation void,” said Garcia
Garcia noted that Uy can file for a motion for reconsideration or seek immediate remedy from the Supreme Court.
