SC upholds scrapping of ‘second placer’ rule for local elective posts
MANILA, Philippines — Candidates who placed second in local elections do not automatically succeed winners who are later declared disqualified or found ineligible, as they were not chosen by the electorate, the Supreme Court has reiterated.
The high tribunal, in an en banc session on Wednesday, upheld its 2025 decision on Datu Pax Ali Mangudadatu v. Comelec, or G.R. Nos. 260219 and 260231, that did away with the “second placer” principle in local elective posts.
At the same time, it dismissed with finality the motion for reconsideration filed by Mangudadatu, who was accused of false representation in his certificate of candidacy (COC) for the 2022 elections.
He ran for Sultan Kudarat governor and won, but the Commission on Elections (Comelec) later decided to nullify his COC because of his change in residence.
The poll body, at the time, ruled that the duly elected vice governor should serve the remaining duration of Mangudadatu’s term.
In its latest ruling, a copy of which has yet to be released, the Supreme Court agreed with the Comelec that the vacancy left behind by Mangudadatu’s ineligibility should be filled by the sitting vice governor, and not by whoever was the second placer in the 2022 gubernatorial race.
The high tribunal noted that there was no legal basis to declare those who placed second in certain local positions as the rightful winner should the top placer be declared ineligible or end up disqualified.
“The (Supreme Court) reiterated that no law authorizes the second placer rule. It emphasized that the Constitution recognizes as elected only the candidate who received the highest number of votes,” it said in a statement.
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Not voters’ choice
It also noted that second placers have no vested right to be recognized as the winner in the polls, stressing that they are “not the choice of the people” as they technically lost.
This, however, applies only to elective posts at the local level as stipulated in Section 44 of the Local Government Code, the high court stressed. Under this provision, permanent vacancies in the posts of governor, vice governor, mayor and vice mayor shall automatically be filled by the second highest ranked official.
The Supreme Court said that it could not decide on the issue for national posts as they were not covered in the case. But it pointed out that the succession rule for the two highest elective posts, which are President and Vice President, are guided by the 1987 Constitution.
According to Supreme Court spokesperson Camille Ting, the high tribunal’s latest ruling on the case acted on the motion for clarification, specifically on the extent of the application of the second placer rule, filed by the Comelec.
