Supreme Court affirms ruling: No ‘second placer rule’ in local elections

HIGHEST COURT. File photo of the Supreme Court of the Philippines.

Photo by Mark Z. Saludes

'For local elective positions covered by the Local Government Code, that vacancy is filled through the rule on succession, not by proclaiming the second placer as the winner,' the High Court reiterates

AT A GLANCE

• The Supreme Court of the Philippines has upheld its decision to abandon the 'second placer rule' in local elections, which allowed the runner-up to be declared the winner if the top candidate was disqualified.
• The Court emphasized that only the candidate with the highest number of votes is recognized as elected, and that vacancies in local positions should be filled by the vice governor, in accordance with the Local Government Code.
• This ruling applies specifically to local elective positions and does not extend to national positions, which are governed by different constitutional provisions.

This is AI-generated. Read the article for full context. Report any errors.

MANILA, Philippines – The Supreme Court (SC) has affirmed its ruling that abandoned the “second placer rule” in local elections, in a decision made public on Thursday, August 27.

The “second placer rule” is the practice of declaring a candidate who received the second highest number of votes the winner after the original candidate who received the highest number of votes was later disqualified or found ineligible.

“The SC 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,” the High Court said.

In June last year, the SC issued its landmark ruling in the Mangudadatu v. Commission on Elections, scrapping the said rule. It explained that the rule on succession in the Local Government Code must apply in cases where a local elective official was disqualified.

According to the High Court, the second placer rule has no basis in law and that the second placer in the polls “is just that, a second placer who lost the elections.”

During its August 26 en banc session, the justices denied with finality the motion for reconsideration filed by Datu Pax Ali Mangudadatu, therefore affirming the 2025 decision that canceled his certificate of candidacy for Sultan Kudarat governor and abandoned the “second placer rule.”

The High Court reiterated that the vacancy should be filled by the vice governor.

“The SC explained that when the winning candidate is later found ineligible to hold office, a permanent vacancy arises. For local elective positions covered by the Local Government Code (LGC), that vacancy is filled through the rule on succession, not by proclaiming the second placer as the winner. Accordingly, the Vice Governor succeeds to the position of Governor for the remainder of the term,” said the SC.

The High Court said, however, that this ruling only applies to local positions covered by the LGC as the case did not include whether or not the decision applies to national positions.

“However, the SC stressed that succession for national elective positions like the President and Vice President is governed exclusively by Article VII, Sections 7 and 8 of the Constitution, which prescribe the order of succession when the President or Vice-President fails to qualify, dies, or is permanently disabled, removed from office, or resigns,” the SC explained.

Mangudadatu filed a certiorari petition — an action that seeks review of another body’s decision — with the High Court against the Commission on Elections and his opponent in the 2022 race, Sharifa Akeel Mangudadatu.

Datu Pax Ali was questioning the Comelec rulings that canceled his certificate of candidacy and assailed his 2022 victory. The former won the Sultan Kudarat gubernatorial race against Sharifa Akeel with over 100,000 difference in votes in 2022.

Datu Pax is the incumbent Sultan Kudarat governor after winning in the 2025 elections with over 300,000 votes. – Rappler.com