Supreme Court upholds rule: Second placers don't automatically inherit local posts

The Supreme Court has firmly reiterated that candidates who secure the second-highest number of votes in local elections are not automatically entitled to assume office if the winner is later disqualified or found ineligible. This stance upholds a significant 2025 ruling that abolished the "second placer" principle for local elective positions.

The high tribunal, during a recent en banc session, dismissed a motion for reconsideration related to a case involving Datu Pax Ali Mangudadatu. Mangudadatu, who won the 2022 gubernatorial race in Sultan Kudarat but was later disqualified by the Commission on Elections due to misrepresentation of his certificate of candidacy regarding his residence, had his victory nullified. The Comelec had initially ruled that the vice governor should serve the remainder of his term.

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The (Supreme Court) 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.

In its latest decision, the Supreme Court concurred with the Comelec, stating that the vacancy created by Mangudadatu's ineligibility should be filled by the sitting vice governor, not by the second-place gubernatorial candidate. The court emphasized that no law supports the automatic succession of a second-place finisher, as the Constitution recognizes only the candidate who garners the most votes as the elected official.

The ruling clarifies that second placers have no vested right to claim victory, as they were not the electorate's choice. However, this specific rule applies exclusively to local elective posts, as outlined in Section 44 of the Local Government Code. For national positions, different succession protocols are in place, and the court noted it could not rule on those as they were not directly covered by this case.

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they are “not the choice of the people” as they technically lost.