SC rules 2nd placers can’t replace disqualified election winners

The Supreme Court has ruled that candidates who rank second in the elections cannot be proclaimed winner should the candidate that received the majority of votes be disqualified or declared ineligible, saying this undermines the public’s choice.

In a 37-page ruling, the SC En Banc said the second placer rule has no basis in law, abandoning its previous ruling in Jalosjos Jr. v Comelec that the rule should be limited to situations where the certificate of candidacy of the first placer was valid at the time of the filing.

However, the SC noted that the Court in Jalosjos also did not provide any legal basis for declaring the second placer upon the disqualification or ineligibility of the winning candidate.

“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 SC said.

“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,” it added.

According to the High Court, the rules on succession under the Local Government Code shall apply in all cases.

“[A] permanent vacancy results from a local elective official’s disqualification from office regardless of the proceedings involved,” the SC said.

The SC issued this as it dismissed the petition of a candidate against a ruling of the Comelec that canceled his certificate of candidacy for Sultan Kudarat governor in the 2022 elections due to false material representation.

Comelec chairperson George Garcia declined to comment, saying  the decision is not yet final.  However, he said they are now looking into the possible filing of a motion for reconsideration.

"Since the decision is not yet final, we will reserve in the meantime our comment. But we are now studying the possibility of filing an MR," Garcia said in a message to reporters.

The ruling, penned by Associate Justice Samuel Gaerlan, was promulgated in  April 2025 and made public in June 2025.

Motion for reconsideration

Comelec chairperson George Garcia declined to comment, saying the decision is not yet final. However, he said they are now looking into the possible filing of a motion for reconsideration.

“Sapagkat sa paniniwala po natin, mukhang medyo kinakailangan po tayo maliwanagan at mas maayos pa natin na maintindihan ‘yung bagay na binabalewala na po ‘yung doktrina ng second placer,” Garcia said in an interview. 

(This is due to our belief there is a need for clarity and a better understanding of the matter, as it seems the doctrine of the second placer is being disregarded.)

He said they will also ask the SC how the decision will affect national positions.

Aside from this, he said the decision affects the filing of quo warranto petitions.

“Technically parang disqualification ‘yan, so ang uupo po ba ay hindi ‘yung natalo na second placer kung hindi succession? So dapat po ba— sino po ang nag fa-file? Ibig sabihin paano po mag fa-file ‘yung natalo kung ang makakaupo pala ay hindi siya,” he said. 

(Technically, that’s similar to a disqualification, so the one who will assume the post is not the losing second placer but the successor? So who is supposed to file the case then? How can the losing candidate file if they won’t be the one to take over anyway?)

Garcia said pending the final decision and without a temporary restraining order, the officials proclaimed after the midterm elections will assume office.

The ruling, penned by Associate Justice Samuel Gaerlan, was promulgated in  April 2025 and made public in June 2025. —AOL/RF, GMA Integrated News