Supreme Court rejects ‘second placer rule’ in local elections

The Supreme Court of the Philippines has affirmed that candidates finishing second in local elections do not automatically succeed winners who are subsequently disqualified or found ineligible. In an en banc session, the high tribunal dismissed a motion for reconsideration filed by Datu Pax Ali Mangudadatu, whose certificate of candidacy for Sultan Kudarat governor was nullified by the Commission on Elections due to a change in residence.

The Court ruled that the resulting vacancy must be filled according to the succession rules established in the Local Government Code, meaning the sitting vice governor will serve the remainder of the term. The justices emphasized that no law authorizes a ‘second placer rule,’ noting that the Constitution recognizes only the candidate with the highest number of votes as elected. Consequently, a disqualified winner creates a permanent vacancy rather than granting the runner-up the right to the office.

This ruling specifically applies to local elective positions covered by the Local Government Code. The Court noted it did not rule on succession for national positions, such as President or Vice-President, which are governed by Article VII of the 1987 Constitution.