At A Glance
- The Commission on Elections (Comelec) Second Division has declared outgoing Manila 6th district Rep. Bienvenido "Benny" Abante Jr. the duly elected member of the House of Representatives for the sixth district of Manila.
The Commission on Elections (Comelec) Second Division has declared outgoing Manila 6th district Rep. Bienvenido Benny Abante Jr. the duly elected member of the House of Representatives for the sixth district of Manila.
Manila 6th district Rep. Bienvenido "Benny" Abante (PPAB)
This was after the Second Division granted Abante's petition seeking to suspend the effects of and/or recall the proclamation of his opponent, Luis Joey Chua Uy.
According to Comelec Chairman George Erwin Garcia, until a final decision is reached, the one who was proclaimed will assume the position by the 20th Congress.
Ang decision po ng en banc ay magiging executory after five days from promulgation (The en banc's decision will become executory five days after its promulgation), Garcia said.
In his petition, Abante said that Uy is not a natural-born Filipino citizen.
Citing the case Maquiling vs. Comelec, the Second Division said in its ruling that the Supreme Court (SC) emphasized that the election results, even if a candidate receives the highest number of votes, cannot outweigh the statutory requirements for qualifications and disqualifications of candidates.
It added that these qualifications are not merely formalities but are foundational to holding public office. If a person is not qualified under the law, their election is null and void.
According to the Second Division, the respondent is a naturalized citizen, not a natural-born one.
Therefore, Respondent's claim, including his declaration under oath in his COC that he is a natural-born Filipino citizen, are wrong. In effect, he made a false declaration in his COC, which constitutes material representation under Section 78 of the Omnibus Election Code, it said.
His misrepresentation pertains to a fundamental qualification under the Constitution. As such, he is not qualified to run for or hold the position of Member of the House of Representatives, and his proclamation was thus made in violation of the Constitution, it added.
With this, the Second Division said that Uy is considered a non-candidate and his COC is void ab initio. Votes cast in his favor are considered stray and should have been counted. This leaves Abante as the only qualified candidate with the highest votes.