Joey Uy seeks TRO vs. Comelec ruling affirming Abante's win

Initial poll winner Luis “Joey” Chua Uy on Monday asked the Supreme Court (SC) to issue a temporary restraining order (TRO) against the ruling of the Commission on Elections (Comelec) affirming Bienvenido “Benny” Abante as Manila representative in the midterm polls.

In his petition, Uy also asked the SC to issue a writ of preliminary injunction and a status quo ante order preserving the status of the parties and their respective positions.

Uy’s filing came after the Comelec En Banc junked his motion for reconsideration against its June 18 resolution that voided his certificate of candidacy. 

Comelec annulled Uy’s proclamation, leaving Abante as the sole qualified candidate with the highest number of votes.

The respondents are the Commission on Elections (Comelec) and Abante.

When sought for comment, poll body chairperson George Garcia said this was expected.

“We respect his action as is consistent with established rules,” he said.

Meanwhile, in a statement issued earlier, Abante welcomed the poll body’s ruling, saying that in upholding the law, Comelec also upheld the truth.

[“It] highlights the importance of protecting the integrity of our democratic institutions and ensuring that those who seek public office do so with honesty and transparency,” he said.

“Our constituents—the people of Manila—deserve no less. They deserve leaders who are open about who they are, faithful to the Constitution, and respectful of the sacred trust that comes with public service," he added.

In a separate move, Uy also asked the House of Representatives Office of the Secretary General Reginald Velasco to include him in the list of House members for the 20th Congress, saying that he remains the legitimate Manila Sixth District congressional race winner pending his appeal before the Comelec.

Uy cited Article 6, Section 7 of the Constitution which reads “the members of the House of Representatives shall be elected for a term of three years which shall begin, unless otherwise provided by law, at noon on the 30th day of June next following their election.”

Comelec earlier voided Uy’s proclamation, allegedly because he is not a natural-born Filipino.

“We write on behalf of our client, Congressman Luis "Joey" C. Uy, duly elected Congressman of the Sixth District of Manila. At 12:00 noon today, Cong. Joey assumed the position of Member of the House of Representatives, in accordance with Section 7, Article VI of the 1987 Constitution,” Gialogo said.

In addition, Uy’s camp cited Section 13, Rule 18 of the Comelec Rules of Procedure which provides that a decision in special cases becomes final and executory only after five days from promulgation, unless the Supreme Court issues a Temporary Restraining Order.

“Congressman Joey's assumption of office is pursuant to his valid proclamation and oath of office, and stands despite the Resolution issued by the Commission on Elections en banc earlier this morning,” Gialogo said.

“Accordingly, we respectfully request your good office to include Cong. Joey in the Roll of Members of the House of Representatives and to receive his proposed bill for official filing and consideration,” he added.

The lawyer also said Uy tried to file a House Bill on Monday, June 30 or which was supposed to be Day 1 of Uy’s congressional tenure.

However, the House personnel did not allow them to file the bill.

Uy said he wanted to file a bill granting free flu vaccines for senior citizens.

“I want all the senior citizens to get their flu vaccines. As it is, the flu vaccines are only given while supply lasts,” he said.—LDF/AOL, GMA Integrated News