Marilyn Cahatol

Article (news)

Adrian Ayalin

ABS-CBN News

<p>MANILA — The Supreme Court has abandoned the “second placer rule” which has guided the Commission on Elections on cases involving winning candidates who were disqualified or turned out to be ineligible.</p><p>In a decision of the en banc promulgated on April 22, 2025, the court said the rule laid down in Jalosjos Jr. vs. Comelec in 2012 had no legal basis as there is no law authorizing the proclamation of the second placer.</p><p>In the decision, the court said the rule on succession under Republic Act No. 7160 or the Local Government Code should apply instead of the second placer rule.</p><p>“In fine, the Court hereby abandons the second placer rule and declares that the rules on succession under the LGC shall apply in all cases where a permanent vacancy results from a local elective official’s disqualification from office regardless of the proceedings involved,” the court said in the decision penned by Associate Justice Samuel Gaerlan.</p><p>The case stemmed from the petition for certiorari filed by Datu Pax Ali Mangudadatu before the Supreme Court against the Comelec and his opponent in the 2022 gubernatorial elections in Sultan Kudarat, Sarifa Akeel Mangudadatu.</p><p>While Pax Ali won the elections, the poll body cancelled his certificate of candidacy or COC.</p><p>At the time of his candidacy for Sultan Kudarat governor, Pax Ali was the mayor of Datu Abdullah Sangki (DAS) of Maguindanao province.</p><p>He, however, told the Comelec in his verified answer to Sharifa’s petition for cancellation that he has already re-established his residence in Brgy. Tamnag, Lutayan, Maguindanao beginning October 2020.</p><p>Pax Ali added that he resigned as mayor of DAS on November 15, 2021.</p><p>But the poll body declared that Pax Ali deliberately committed material misrepresentation in his COC, stressing that he filed his certificate on October 7, 2021 when he was still the incumbent mayor of DAS.</p><p>“To the court’s mind, Pax Ali’s resignation as mayor was a mere afterthought,” the court said.</p><p>While the decision was about the cancellation of Pax Ali’s COC, the court deemed it necessary to revisit the second placer rule.</p><p>The court noted that as early as 1929, it rejected the second placer rule in Nuval vs. Guray because it was not supported by law and public policy.</p><p>But in 2012, in Jalosjos, Jr., the court declared that if the COC of the first placer was declared void ab initio or he or she was never a candidate, he or she can never be the first-placer.</p><p>The court declared in Jalosjos, Jr. that Agapito Cardino, the second placer in the 2010 elections for Dapitan City, Zamboanga del Norte mayor was the winner following the cancellation of the COC of Dominador Jalosjos Jr.</p><p>In its 2025 ruling, the SC emphasized that the rule on succession under the LGC, that an elective local official should fill in when a permanent vacancy arises, should prevail.</p><p>“The language of the law is clear, explicit, and unequivocal,” the court said.</p><p>The court thus declared that the duly elected vice governor of Sultan Kudarat in the 2022 elections, Raden Sakaluran, shall serve the remaining duration of the July 1, 2022 to June 30, 2025 term.</p><p>Senior Associate Justice Marvic Leonen, Associate Justices Ramon Paul Hernando, Amy Lazaro-Javier, Mario Lopez, Ricardo Rosario and Jhosep Lopez however registered their dissenting opinions.</p><p>Leonen agreed that Pax Ali failed to comply with the residency requirement but he dissented on the application of the rule of succession.</p><p>“Though they obtained the second highest number of votes in relation to the unqualified or disqualified candidate, the second placer is more accurately described as the first placer among the qualified candidates,” Leonen said.</p><div><a href="https://www.abs-cbn.com/news/nation/2025/6/6/list-candidates-partylists-that-submitted-soce-for-halalan2025-1017">LIST: Candidates, partylists that submitted SOCE for #Halalan2025</a></div><div><br/></div><div><strong>RELATED VIDEO:</strong></div><div style="text-align:center"><iframe width="560" height="315" src="https://www.youtube.com/embed/mkJv0dSPa-0?si=RAfxsTSTo0dewkii" title="YouTube video player" frameBorder="0" allowfullscreen=""></iframe><br/></div>

<p>The Supreme Court has abandoned the “second placer rule” which has guided the Commission on Elections on cases involving winning candidates who were disqualified or turned out to be ineligible.</p>

The Supreme Court has abandoned the “second placer rule” which has guided the Commission on Elections on cases involving winning candidates who were disqualified or turned out to be ineligible.

Supreme Court abandons 'second placer rule' when winning candidate is disqualified

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Supreme Court abandons 'second placer rule' when winning candidate is disqualified

Adrian Ayalin,

ABS-CBN News

Published Jun 22, 2025 02:17 PM PHT

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Halalan 2025

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