Comelec division declares Abante as Manila 6th District congressman

By Ferdinand Patinio, Philippine News Agency

DECLARED WINNER. Manila 6th District Rep. Benny Abante Jr. (holding paper) beats the deadline for the filing of certificate of candidacy (COC) at the Commission on Elections-National Capital Region (Comelec-NCR) office in San Juan City on Oct. 8, 2024. His reelection inched closer to success on Wednesday (June 18, 2025) after the Comelec Second Division annulled the proclamation of Luis “Joey” Chua Uy due to “material misrepresentation” in his COC. (PNA file photo by Joan Bondoc)

MANILA – The Commission on Elections (Comelec) Second Division has declared Bienvenido “Benny” Abante Jr. as the duly elected representative of Manila’s 6th District in the House of Representatives in the May 12 midterm elections.

This was after the division, in a decision promulgated Wednesday but released to the media on Thursday, annulled the proclamation of Luis “Joey” Chua Uy, whose citizenship reelectionist Abante has questioned before the poll body.

“Wherefore, premises considered, the petition is granted. The proclamation of respondent Luis “Joey” Chua Uy is hereby annulled,” the Comelec division said in its 22-page ruling.

The ruling also said Abante, “the only qualified candidate who garnered the highest number of votes is hereby declared as the duly elected Member of the House of Representatives for the Sixth (6t) District of the City of Manila.”

Uy garnered 64,746 votes in the May 12 elections against Abante’s 63,358.

The Comelec division, however, said Uy is not a natural-born citizen but a “naturalized citizen,” which contradicts his declaration in his certificate of candidacy (COC).

“In this case, upon his birth on 15 March 1962, Respondent’s father was a Chinese citizen who became a naturalized Filipino on 28 August 1967. Respondent’s mother, based on her Identification Certificate, was ‘a Filipino citizen prior to her marriage’ in January 1944 to Respondent’s father, a Chinese national,” it said.

“Accordingly, both parents were non-Filipinos when Respondent was born, thereby precluding the latter from being considered a natural-born Filipino. Since natural-born citizenship requires that the individual be a citizen of the Philippines from birth without having to perform any act to acquire or perfect such citizenship, Respondent cannot validly claim natural-born status,” the division added.

The division also pointed out that Uy’s acquisition of citizenship “occurred only after the naturalization of his father.”

“His Identification Certificate which recognized Respondent as a citizen of the Philippines solely by virtue of ‘being the legitimate son of Uy Ho, a Naturalized Filipino Citizen.’ This document confirms that Respondent’s citizenship was not acquired by birthright but derived from the naturalization of his father,” it added.

The decision noted that Uy “made a false declaration in his COC,” committing “material misrepresentation” under the Omnibus Election Code.

“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,” the Second Division said.

Despite this, Comelec Chairperson George Garcia said Uy will still be able to represent the 6th District of Manila on June 30 as the ruling against him is not yet final.

“Until there is a final decision, the one who is proclaimed will sit (in Congress),” he said in an interview.

Uy may still appeal the ruling before the Comelec en banc.