The Supreme Court (SC) has stood firm on its decision to permanently eliminate the “second placer rule,” confirming that runners-up in local political contests cannot be declared victors when the top candidate faces disqualification.
In a resolution issued during an en banc session on Wednesday, August 26, the tribunal ruled that disqualifying a winning candidate for provincial, municipal, or city posts leaves a permanent vacancy that must be filled via statutory succession, rather than awarding the seat to the second-highest vote-getter.
“The second placer lost in the elections. He or she was not the choice of the people,” the High Court emphasized.
The Court clarified that local posts fall under the succession guidelines of the Local Government Code, whereas national posts like the President and Vice President remain governed strictly by Article VII, Sections 7 and 8 of the 1987 Constitution.
Under Section 7, the Vice President takes over the presidency if the Chief Executive resigns, dies, is removed, or suffers permanent disability; Section 8 dictates that the Senate President, followed by the House Speaker, acts as President should both top offices become vacant simultaneously.
The ruling explicitly rejected a motion for reconsideration submitted by Datu Pax Ali Mangudadatu, whose election as governor of Sultan Kudarat in 2022 was nullified by the Commission on Elections (COMELEC) over residency issues.
The disqualification petition was originally brought by rival candidate Sharifa Akeel Mangudadatu, who argued that Datu Pax Ali’s simultaneous service as mayor of Datu Abdullah Sangki in Maguindanao breached local residency requirements.
The High Tribunal previously sustained COMELEC’s finding against Datu Pax Ali and struck down the 2012 Jalosjos Jr. precedent that created the second placer rule.
“It is the height of absurdity to continue representing a locality/place as its local chief executive and at the same time declare under oath that you are a resident of another province, that is, that you are no longer a resident of the place where you are currently at the helm of the seat of power. A person cannot have two domiciles at the same time,” the SC observed.
Consequently, the SC ordered the proclaimed vice governor of Sultan Kudarat to assume the governorship through standard legal succession, reiterating that installed runners-up have no legal standing to assume office.
“The second placer rule laid down in Jalosjos Jr. (a 2012 case) has no legal basis. No law authorizes the proclamation of the second placer in the elections in case the candidate who received the most votes is disqualified or turned out to be ineligible,” the High Court held.
“The second placer rule undermines the people’s choice in every election and is repugnant to the people’s constitutional right to suffrage. The Court cannot impose upon the electorate to accept as their representative, the candidate whom they did not choose in the elections,” the SC added.