SCUTTLEBUTT

Curious case of Benny Abante

The Commission on Elections (Comelec) Second Division’s decision to annul Luis “Joey” Chua Uy’s proclamation as the representative of Manila’s 6th District and declare Bienvenido “Benny” Abante Jr. as the duly elected congressman raises several points.

The Comelec body ruled that Uy was not a natural-born Filipino citizen, a constitutional requirement under Article VI, Section 6 of the 1987 Constitution, which states that no person can be a member of the House of Representatives unless they are a natural-born citizen.

The decision stemmed from Abante’s petition, which argued that Uy’s claim of natural-born citizenship in his Certificate of Candidacy (CoC) was a material misrepresentation.

The Comelec declared Uy’s certificate of candidacy void ab initio (invalid from the start) due to the false declaration of natural-born citizenship, rendering him a non-candidate. As a result, the 64,746 votes cast for Uy were deemed “stray” and not counted, leaving Abante, with 63,358 votes, as the only qualified candidate and thus the winner.

The decision was promulgated on 18 June, just 12 days before the start of the new congressional term on 30 June. This tight timeline raises questions about why the issue of Uy’s citizenship was not resolved before the 12 May election or during the canvassing period.

The ruling was released to the media a day after its promulgation, which raises another transparency question.

Abante, a veteran lawmaker, former deputy speaker, and minority leader, has a prominent political profile, including his role as co-chairperson of the House Quad Committee investigating extrajudicial killings and Philippine Offshore Gaming Operators (POGOs).

Uy’s defense references the 1987 Constitution, which recognizes as natural-born those who elect Philippine citizenship upon reaching the age of majority. However, the Comelec ruled that the 1935 Constitution governed his citizenship status at birth, and his acquisition of citizenship through his father’s naturalization in 1967 does not meet the natural-born requirement.

That Uy was allowed to run and be proclaimed despite the eligibility issue raises questions about the Comelec’s vetting process for CoCs. If Abante’s petition was based on publicly available information such as Uy’s parents’ citizenship, why was this not flagged earlier like during the campaign period?

Since Uy can still appeal, the situation becomes interesting since the non-finality of the decision means Uy could still assume office on 30 June, potentially leading to a situation where two candidates will battle it out for a congressional seat.

The case could even be brought to the Supreme Court, where a broader interpretation of natural-born citizenship should be tested.