Comelec to seek Supreme Court 'reconsideration' on ruling to scrap ‘second placer’ rule
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Comelec to seek Supreme Court 'reconsideration' on ruling to scrap ‘second placer’ rule
Commission on Elections Chairman George Erwin Garcia at a press briefing ahead of the proclamation of winning partylist groups at the Manila Hotel on May 19, 2025. Jonathan Cellona, ABS-CBN News
Commission on Elections Chairman George Erwin Garcia at a press briefing ahead of the proclamation of winning partylist groups at the Manila Hotel on May 19, 2025. Jonathan Cellona, ABS-CBN NewsMANILA — The Commission on Elections (Comelec) said Monday it was preparing to file a motion for reconsideration before the Supreme Court following its landmark decision to abandon the long-standing "second placer" doctrine in election disputes.
MANILA — The Commission on Elections (Comelec) said Monday it was preparing to file a motion for reconsideration before the Supreme Court following its landmark decision to abandon the long-standing "second placer" doctrine in election disputes.
Comelec George Erwin Garcia said there was a need to clarify the implications of the High Court’s ruling, which affects how winning candidates with pending disqualification or cancellation of candidacy cases are replaced.
Comelec George Erwin Garcia said there was a need to clarify the implications of the High Court’s ruling, which affects how winning candidates with pending disqualification or cancellation of candidacy cases are replaced.
The Supreme Court's decision affirms that even if the first placer is disqualified or their candidacy is cancelled, the second placer will not automatically be declared the winner, and succession will apply instead.
The Supreme Court's decision affirms that even if the first placer is disqualified or their candidacy is cancelled, the second placer will not automatically be declared the winner, and succession will apply instead.
“Gusto lang din natin ipahatid sa ating kataas-taasang hukuman, iyong mga implikasyon base sa umiiral naming mga rules, guidelines, and resolution patungkol sa mga kaso na meron tayo dito,” Garcia said.
“Gusto lang din natin ipahatid sa ating kataas-taasang hukuman, iyong mga implikasyon base sa umiiral naming mga rules, guidelines, and resolution patungkol sa mga kaso na meron tayo dito,” Garcia said.
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“And therefore, kaya gusto namin po ng guidance, dahil gusto namin po talagang final at iyon na po, abandoned na iyong doktrina (SC ruling),” he added.
“And therefore, kaya gusto namin po ng guidance, dahil gusto namin po talagang final at iyon na po, abandoned na iyong doktrina (SC ruling),” he added.
CONSEQUENCES
The decision overturns the precedent set by the Jalosjos vs. Comelec case, which allowed the second placer to assume the post if the winner’s candidacy was cancelled.
The decision overturns the precedent set by the Jalosjos vs. Comelec case, which allowed the second placer to assume the post if the winner’s candidacy was cancelled.
Garcia warned this major doctrinal shift could disrupt ongoing and future Comelec decisions, especially those involving disqualification and cancellation of candidacies.
Garcia warned this major doctrinal shift could disrupt ongoing and future Comelec decisions, especially those involving disqualification and cancellation of candidacies.
“Kasi po, sinasabi po ng Korte Suprema na silent ang batas, ang Republic Act 6646 (Electoral Reform Law), sa kung sino dapat ang uupo kapag cancellation ng candidacy,” Garcia said.
“Kasi po, sinasabi po ng Korte Suprema na silent ang batas, ang Republic Act 6646 (Electoral Reform Law), sa kung sino dapat ang uupo kapag cancellation ng candidacy,” Garcia said.
“Sabi po ng majority ng Korte Suprema, hindi naman ‘yung second place ang binoto ng tao eh. So bakit natin bibigyan ng mandato?” he added.
“Sabi po ng majority ng Korte Suprema, hindi naman ‘yung second place ang binoto ng tao eh. So bakit natin bibigyan ng mandato?” he added.
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Garcia noted that the Supreme Court voted 8 in favor of scrapping the second-placer rule, 5 dissenting, and 2 abstaining.
Garcia noted that the Supreme Court voted 8 in favor of scrapping the second-placer rule, 5 dissenting, and 2 abstaining.
He said the Comelec was evaluating how the decision could affect both local and national contests, particularly rulings that previously followed the second placer rule.
He said the Comelec was evaluating how the decision could affect both local and national contests, particularly rulings that previously followed the second placer rule.
Garcia noted that some recent decisions of the poll body, which seated second placers, were made before the High Court's ruling was released.
Garcia noted that some recent decisions of the poll body, which seated second placers, were made before the High Court's ruling was released.
“Iyon po kasi ay nailabas namin bago namin natanggap iyong desisyon ng Korte Suprema. So, ang tanong po diyan, iyong po bang desisyon ngayon ay retroactive?” he said.
“Iyon po kasi ay nailabas namin bago namin natanggap iyong desisyon ng Korte Suprema. So, ang tanong po diyan, iyong po bang desisyon ngayon ay retroactive?” he said.
EMERGENCY MEETING
He said the Comelec might have to temporarily withhold releasing decisions in similar cases until the Supreme Court’s ruling becomes final and executory.
He said the Comelec might have to temporarily withhold releasing decisions in similar cases until the Supreme Court’s ruling becomes final and executory.
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Garcia also reiterated that Comelec is bound by time constraints. For national positions such as seats in Congress or the Senate, Comelec loses jurisdiction after June 30.
Garcia also reiterated that Comelec is bound by time constraints. For national positions such as seats in Congress or the Senate, Comelec loses jurisdiction after June 30.
“Lahat ng issues... patungkol sa pagkapanalo ng isang senador [o] kongresista ay dapat po sa Senate Electoral Tribunal or sa House of Representatives Electoral Tribunal [after June 30],” he said.
“Lahat ng issues... patungkol sa pagkapanalo ng isang senador [o] kongresista ay dapat po sa Senate Electoral Tribunal or sa House of Representatives Electoral Tribunal [after June 30],” he said.
As a result, the poll body will convene an emergency meeting to deliberate on pending decisions and to ensure that they do not contradict the Supreme Court’s position.
As a result, the poll body will convene an emergency meeting to deliberate on pending decisions and to ensure that they do not contradict the Supreme Court’s position.
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