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In his motion for reconsideration filed with the Comelec, Congressman Benny Abante’s rival Joey Uy asserts he is a natural-born Filipino
MANILA, Philippines – Manila 6th District Representative-elect Joey Uy filed an appeal with the Commission on Elections (Comelec) on Monday, June 23, seeking to overturn its decision that essentially invalidated his victory in the May 2025 elections.
The Comelec 2nd Division previously annulled Uy’s proclamation and declared congressional race second placer, incumbent Bienvenido Abante, as the real winner, after finding that Uy is not a natural-born Filipino, which is a constitutional requirement for politicians seeking a congressional post.
The poll body, in the June 18 ruling, agreed with Abante that Uy’s supposed false declaration of his citizenship was tantamount to material misrepresentation in his candidacy, which is an election offense.
But in his motion for reconsideration, Uy insisted that he is a natural-born Filipino because it is “clearly supported by factual evidence and was asserted in good faith,” and that his “personal history consistently affirms his genuine Filipino identity.”
Abante argued that Uy was not a Filipino citizen at birth, following the 1935 Constitution which provides that “citizens of the Philippines” are “those whose fathers are citizens of the Philippines.”
Based on Uy’s immigration records submitted by Abante, the congressman-elect was born on March 15, 1962, to Uy Ho and Emilia Chua. At the time of his birth, Uy Ho was a Chinese citizen, and Chua, a Filipina, became Chinese when she married Uy Ho.
Abante’s argument basically meant that Uy was only a naturalized Filipino.
Uy, however, asserted the following points, as directly lifted from his motion for reconsideration:
“The Comelec 2nd Division relied on identification certificates that were not only uncertified and anonymously sourced but also unlawfully obtained, containing confidential and sensitive personal information whose authenticity remains highly questionable,” the motion for reconsideration also read.
Edward Gialogo, lawyer for Uy, also told reporters that the Comelec 2nd Division should not have treated Abante’s petition as a case seeking to cancel someone’s certificate of candidacy, when the deadline for the filing of such has already lapsed.
“Under section 78 of our election code, the deadline of the filing of petition to cancel COC because of misrepresentation is 25 days after the filing of COC,” Gialogo said. The COC filing period took place in October 2024; Abante’s petition seeking to suspend Uy’s proclamation was filed on May 22.
As the case is not yet final, Uy stands to assume the congressional post in Manila on June 30, because he was already proclaimed by Comelec after election day.
Even if Uy loses the case at the Comelec en banc, he can still make one last final appeal before the Supreme Court.
Uy unseated Abante in a tight race in May, winning by only one-percentage point. – with reports from Michelle Abad/Rappler.com