SC abandons 'second placer' rule in local polls

The Supreme Court has abandoned the “second placer rule” as it denied with finality the motion for reconsideration filed by Datu Pax Ali Mangudadatu and upheld its ruling canceling his certificate of candidacy for governor of Sultan Kudarat.

The SC En Banc, in its session on Wednesday, August 26, said the resulting vacancy should be filled by the vice governor.

The High Court defined the "second placer rule" as the practice of declaring the candidate who garnered the second highest number of votes as the winner, after the candidate with the most votes is disqualified or ineligible.

"The SC reiterated that no law authorizes the second placer rule. It emphasizes that the Constitution recognizes as elected only the candidate who receives the highest number of votes," the SC said in a press briefer.

It explained that a permanent vacancy arises when the winning candidate is found ineligible to hold office.

"For local elective positions covered by the Local Government Code, the 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," SC said.

It further said that the ruling is limited to local elective positions covered by the LGC.

This excludes national elective positions like the president and vice president.

Article VII, Section 7 and 8 of the Philippine Constitution prescribes the order of succession when the President or Vice President fails to qualify for office.

The SC also clarified that its ruling applies to pending cases, emphasizing that second placers have no inherent right or entitlement to be declared winner.

"The second placer lost in the elections. He or she was not the choice of the people," it added.—AOL, GMA News