SC rules second placers can’t replace disqualified winners

The Supreme Court has ruled that second placers in local elections cannot be proclaimed as winners when the leading candidate is disqualified, reaffirming that succession rules under the Local Government Code (LGC) must apply in all cases of permanent vacancy.

In a decision dated 22 April 2025 and made public recently, the high court upheld the Commission on Elections’ cancellation of Sultan Kudarat Governor Datu Pax Ali Mangudadatu’s certificate of candidacy (COC) for failing to meet the residency requirement. The Court ordered him to vacate the post and directed the duly-elected Vice Governor to assume office.

The Supreme Court en banc emphasized that regardless of whether the case involves disqualification, COC cancellation, or a quo warranto petition, proclaiming the second placer undermines the electorate's choice and is inconsistent with the Constitution.

“The Court hereby abandons the second placer rule,” the ruling stated, affirming that the LGC’s succession guidelines apply whenever a permanent vacancy arises due to disqualification.

The decision revisits long-standing inconsistencies in past rulings. The Court noted that while the Electoral Reforms Law of 1987 (RA 6646) outlines how votes are treated based on the timing of disqualification, it does not justify proclaiming the runner-up as the winner in post-election disqualification cases.