Outgoing Manila Rep. Bienvenido “Benny” Abante will not be proclaimed as representative of the 6th District of Manila pending the finality of a Commission on Elections (Comelec) ruling that declared his win, poll chief George Erwin Garcia said Thursday.
In a virtual interview, Garcia clarified that the Comelec Second Division decision that voided the certificate of candidacy (COC) of Luis “Joey” Chua Uy is not yet final and executory as the respondent still has five days to challenge the ruling.
“Kahit na anulled ang kaniyang proclamation kung hindi pa final and executory ang decision ay maaring may effect pa ang proclamation hanggat wala pang finality ang decision na binabalewala ang naturang proclamation,” Garcia told reporters.
(Even if his proclamation is annulled, it will still have an effect as long as our decision is not yet final and executory.)
“Ang laging titingnan ay kapag may in-issue ang Comelec na certificate of finality and entry of judgment. ‘Yun ay nagpapatunay na ang decision namin ay executory na at final,” he added.
(We will issue a certificate of finality and entry of judgment on the case.)
Earlier, the poll body division issued a 22-page ruling favoring a petition filed by Abante against Uy’s citizenship. In his petition, Abante alleged that Uy “could not have derived the status of a natural-born citizen because his father did not have such status at the time of Respondent’s birth.”
The Comelec division stated that “he is at most a naturalized citizen, not a natural-born one” and considered Uy as a non-candidate and his certificate of candidacy was void ab initio.
Uy may file a motion for reconsideration (MR) with the Comelec en banc to question the ruling. He may also elevate the case to the Supreme Court (SC), said Garcia.
“Ang decision ng Comelec en banc ay nagiging final and executory limang araw matapos ma-promulgate. Ibig sabihin, mula sa limang araw na yan yung mga mismong di papalarin sa Comelec, kung yan man ay petitioner o respondent, ay pupwedeng pumunta sa Korte Suprema upang humingi ng TRO,” said Garcia.
(The Comelec decision becomes final and executory after five days from promulgation. The petitioners or respondents may ask for a TRO from the SC.)
“Kung sakali na walang TRO o injunctive relief mula sa SC, agad namin ito ipapatupad. Subalit kung may TRO ay mananatiling parang walng pgaababago o walang kaming nailabas na decision,” he added.
(In case there is no TRO or injunctive relief from the SC, we will declare the decision as final and executory.)
Uy may face charges
Meanwhile, Garcia said Uy may face criminal charges including material misrepresentation should the ruling of the poll body division become final and executory.
“Ang isang kasong cancellation of candidacy or denial of due course based sa material misrepresentation ay haharap sa kasong disqualification o cancellation,” said Garcia.
(The instance of a cancellation of candidacy or denial of due course based on material misrepresentation will face a disqualification case or cancellation.)
“Kung mapapatunayan, maaari ring maging magkaroon ng probable cause para makasuhan ng kasong criminal dahil ang kasong misrepresentation ay isang kasong kriminal under the Omnibus Election Code. At the same time, isang kasong perjury din,” he said.
(If proven, there might be a probable cause for the filing of a criminal case because misrepresentation is a criminal case under the Omnibus Election Code. It may also be a case of perjury.)
Uy won against Abante in Eleksyon 2025 with 64,746 votes, compared to the latter’s 63,358 votes. — RSJ, GMA Integrated News
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