Who sits in Congress on June 30 while Comelec decisions aren’t final?

Here are some things we can learn from the ongoing cases of Duterte Youth and Manila Representative Benny Abante, who await final decisions that would allow their entry into Congress

The Commission on Elections (Comelec), at least at its division level, is working towards resolving all pending cases of candidates before winners in the May elections begin their terms on June 30.

Some highly anticipated decisions have come out recently, including the cancellation of the registration of party-list group Duterte Youth, and the declaration of reelectionist congressman Benny Abante, second placer for the race for Manila 6th District representative, as the winner of the race after the first placer’s proclamation was annulled.

The Comelec 2nd Division decided on these particular cases related to congressional positions. However, these are not yet final, since the losing parties of the cases may still appeal them all the way up to the Supreme Court (SC).

With just over a week left before June 30, it is a tight timeline for all cases like these to be decided upon with finality. Who, then, will sit in the contested positions when the 20th Congress begins?

Here are some things we can take from the two example cases.

Three requirements to join Congress

Comelec Chairman George Garcia, in an interview with reporters on Thursday, June 19, explained that there are three requisites for a candidate to join the House of Representatives: a proclamation, an oath of office, and assumption of office. He cites jurisprudence in Reyes v. Comelec.

On May 19, the day of the proclamation ceremony for winning party-list groups, the Comelec, sitting as the National Board of Canvassers, suspended the proclamation of Duterte Youth due to “serious allegations” in a pending case against them.

The Comelec 2nd Division promulgated its decision canceling Duterte Youth’s registration on June 18. Duterte Youth has five days to file a motion for reconsideration (MR), or this decision becomes final.

If they file an MR, the Comelec en banc tackles the case. En banc decisions also have a five-day period for any party to elevate it to the SC. They also have the option to go straight to the SC, according to Garcia.

While Duterte Youth still has hope in overturning the division’s decision, if it fails to get all three requisites by June 30, it cannot take the three seats it won in the House with 2.3 million votes.

Will the next placers get to move up?

Party-list group Akbayan made a late entry into the 19th Congress in 2024 when the Comelec nullified the registration of An Waray.

Going by what happened with Akbayan, three party-list groups may benefit if Duterte Youth cannot take its three seats: Gabriela (rank 55), Abono (rank 56), and Ang Probinsiyano (rank 57).

While Akbayan’s case shows it is possible to move up, this may take a while. An Waray exhausted all legal remedies available, which prevented Akbayan’s entry for two years.

This means that the three groups are highly unlikely to assume office on June 30, and only 60 of the 63 House seats the Comelec determined for party-list representatives will be occupied.

BH Bagong Henerasyon, the other group whose proclamation was suspended along with Duterte Youth, was able to have its case dismissed and get proclaimed on June 6.

Uy’s advantage

The Comelec 2nd Division promulgated a decision affecting the race for Manila 6th District congressman on June 18 as well. They annulled the proclamation of winner Luis “Joey” Chua Uy over his citizenship issues.

But unlike Duterte Youth, Uy was already proclaimed, and can assume office on June 30. Garcia said that since the division’s decision is not yet final and executory, the “one who was proclaimed” assumes the office.

“Maaari pong may effect pa ‘yung proklamasyon hangga’t walang finality ‘yung desisyon na binabale-wala ‘yung naturang proklamasyon (The proclamation may still take effect as long as the decision that nullified it is not yet final),” said Garcia.

This means that while the decision is appealable, Uy may begin working in the House, while Abante may have to wait until the decision that favored him is upheld all the way. – Rappler.com