Published 27 June 2025, The Daily Tribune
In a trailblazing decision (Mangudadatu v. Commission on Elections, G.R. Nos. 260219 & 260231, 22 April 2025), the Supreme Court definitively abandoned the so-called “Second Placer Rule” – a judicial doctrine that, for over a decade, allowed the second-highest vote-getter to be proclaimed winner in the event that the first placer is disqualified or found ineligible.
The controversy began with a petition for the cancellation of the certificate of candidacy of a gubernatorial candidate, who allegedly made a material misrepresentation regarding his residency qualifications. The Commission on Elections (COMELEC), sitting en banc, found merit in the petition and ruled that the candidate was indeed ineligible. When the matter reached the Supreme Court, the disqualification was upheld. But the case took a more momentous turn: rather than declare the second placer as the replacement, as past precedents might suggest, the Supreme Court took the opportunity to revisit—and ultimately discard—the Second Placer Rule.
Tracing jurisprudence from as far back as 1929, the Court declared that the doctrine enunciated in Jalosjos, Jr. v. COMELEC (2012) is legally baseless and constitutionally infirm. No provision of Philippine election law, the Court emphasized, authorizes the proclamation of the second placer when the winner is disqualified or deemed ineligible. Such action, according to the decision, “undermines the people’s choice in every election and is repugnant to the people’s constitutional right to suffrage.” To allow someone the electorate expressly rejected to assume office is to annul the very essence of democracy.
Instead, the Court ruled that the proper course of action in such situations is not to elevate the runner-up but to declare the position vacant. For local elective positions, this vacancy is then filled by succession in accordance with Sections 44 and 45 of the Local Government Code. Thus, in the event that a mayor is disqualified, the vice mayor assumes office. If the governor is disqualified, the vice governor steps in. The principle is simple: the next in line among the elected officials—not an electoral loser—should take over. This, the Court stressed, is more aligned with republican principles and with the will of the electorate.
Importantly, the Court clarified that this rule of succession applies regardless of the legal vehicle used to disqualify the candidate—whether through disqualification under Sections 12 and 68 of the Omnibus Election Code (OEC), cancellation of certificate of candidacy under Section 78, or even through a quo warranto petition. The Court acknowledged that its previous efforts to draw distinctions between these mechanisms had only caused confusion and conflicting decisions.
The implications of this ruling are significant. It reinforces the doctrine that no judicial or administrative body may substitute its judgment for that of the electorate. It upholds the primacy of suffrage, where the vote is sacred, and any manipulation or shortcut—no matter how well-intentioned—is viewed as an affront to democratic ideals.
Still, this decision raises many questions. Will the aggrieved party move to reconsider? If he does, will the Supreme Court grant it or clarify its ruling ? Will the ruling apply as well to members of the House and Senate, including party-list representatives? Will the COMELEC intervene to ask for clarification?
As the tables have turned, it remains to be seen how this new doctrine will shape future electoral battles—and whether our institutions are prepared for the ripple effects of this definitive break from tradition.
For more of Dean Nilo Divina’s legal tidbits, please visit www.divinalaw.com. For comments and questions, please send an email to cad@divinalaw.com.
