Abante’s proclamation as Manila solon final, executory – Comelec
Commission on Elections Chairman George Garcia (Noy Morcoso/ INQUIRER.net / file photo)
MANILA, Philippines — The decision of the Commission on Elections (Comelec) en banc to proclaim Bienvenido “Benny” Abante Jr. as the duly-elected representative of then 6th district of the City of Manila us final and executory.
The Comelec en banc issued a certificate of finality and entry of judgment on the Comelec en banc ruling dated June 30, 2025 which upheld the decision of the Comelec Second Division to annul the proclamation of his rival, Joey Chua Uy, and to direct the City Board of Canvassers (CBOC) to proclaim Abante as the winner.
READ: Comelec upholds decision declaring Abante as Manila congressman
This came after the Comelec en banc did not receive any restraining order from the Supreme Court (SC) within five days of the receipt of the resolution by both parties which made the Comelec en banc ruling final and executory.
“NOW THEREFORE, in view of the foregoing, the Resolution of the Commission (En Banc) promulgated 30 June 2025 is hereby declared IMMEDIATELY EXECUTORY in accordance with the COMELEC Rules of Procedure,” the two-page certificate of finality read.
The decision is also entered into the Book of Entries of Judgment.
On June 18, the Comelec Second Division voided the certificate of candidacy (COC) of Uy after ruling that Uy is a naturalized Filipino citizen, and not a natural-born one.
The second division argued that Uy “made a false declaration in his COC, which constitutes material misrepresentation under Section 78 of the Omnibus Election Code.”
The Comelec en banc affirmed that Uy was not a Filipino citizen at the time of his birth, citing her mother’s identification records who was described as a Filipina prior to her marriage and a wife to a naturalized Filipino citizen.
Abante lost his reelection bid to Uy in a tight race receiving 63,358 votes, compared to Uy’s 65,746.
When asked if the CBOC of the 6th District of Manila still has a jurisdiction to proclaim Abante after June 30, or the start of term of newly-elected leaders, Comelec Chairman George Erwin Garcia said that the decision is up to the CBOC.
READ: Comelec: House to decide on jurisdiction of Joey Uy case
“This matter will be up to the CBOC to decide because they are an independent body. They will now face the issue because as far as the Comelec is concerned which did not get a TRO or [temporary] restraining order, the decision becomes final and executory five days after it was promulgated,” Garcia told reporters in an interview.
Garcia noted that the CBOC is composed of the district’s city election officer, city prosecutor of Manila, and the city superintendent of the Department of Education.
As there can be two certificates of proclamation, given that Uy was already proclaimed as the congressman, Garcia mentioned that Uy filed a case before the SC questioning the Comelec decision and compelling the poll body and the House of Representatives to recognize him as the duly-elected representative.
“That is a legal issue and at the same time, can be a membership issue to which only the House of Representatives can resolve. The Comelec already did its role to decide on the case of citizenship and this became final five days after we did not receive a restraining order from the Supreme Court,” added Garcia
In a copy sent to the media on Monday afternoon, the Comelec said that the Manila City BOC chairperson sent a notice that the CBOC will reconvene on Tuesday at 9 a.m. “for the purpose of proceeding with the proclamation” of Abante as the winning candidate of the congressional race in the 2025 midterm elections. /gsg
