Supreme Court's final ruling: 'Second placer rule' in local elections scrapped

MANILA, Philippines — The Supreme Court has made final its ruling abandoning the long-standing "second placer rule" in local elections, under which a runner-up candidate could assume office when the winning local candidate was disqualified.

The high court affirmed the ruling after denying with finality the motion for reconsideration filed by Datu Pax Ali Mangudadatu, whose certificate of candidacy (COC) for governor of Sultan Kudarat was canceled.

The vacancy created by the disqualification of a winning local candidate must instead be filled through the succession rules under the Local Government Code, the high court said in a statement.

In Mangudadatu's case, the High Court ruled that the vice governor should take over as governor rather than awarding the seat to the runner-up.

'Not the choice of the people.' The second placer rule previously allowed, in certain election cases, candidates who garnered the second-highest number of votes to be declared the winner if the top-voted candidate was later found ineligible or disqualified.

The Supreme Court, however, ruled that when a winning local candidate is subsequently found ineligible to hold office, a permanent vacancy is created.

The court stressed that the ruling applies to local elective positions covered by the Local Government Code.

For the presidency and vice presidency, succession is governed by Article VII, Sections 7 and 8 of the Constitution in cases such as failure to qualify, death, permanent disability, removal or resignation.

"Its ruling applies to pending cases, emphasizing that second placers have no vested right or entitlement to be declared the winner. As the Court stated, 'the second placer lost in the elections. He or she was not the choice of the people,'" the Supreme Court said in a statement.