Comelec to appeal SC ruling scrapping ‘second placer’ rule

The Commission on Elections (Comelec) said it is set to appeal to the Supreme Court (SC) following its recent ruling that second placers in local elections cannot be proclaimed winners if the first placer has been disqualified.

In a 37-page decision, the SC en banc said the so-called "second placer rule" has no basis in law, effectively abandoning its earlier ruling in Jalosjos Jr. v. Comelec, which limited the rule to situations where the certificate of candidacy of the first placer was valid at the time of filing.

"We are already considering, together with the Law Department in coordination with our Solicitor General, to file a motion for reconsideration, because we believe that there is something that we need to clarify and understand better," Garcia told reporters in Filipino.

"We also want to know what the implications of this are on the national position because the SC is having a discussion on that," he added.

Garcia said the Comelec wants to assess the effects of the high court’s ruling on pre- and post-election scenarios.

"Because it may also affect our existing rules here in Comelec," he continued, explaining that the decision could disrupt ongoing and future decisions of the poll body, especially those involving disqualification and cancellation of candidacies.

According to Garcia, Comelec has several pending decisions that were drafted under the previous doctrine.

"So what should the Comelec do? Should we not release it first and just wait for the SC's decision to be final and executory? So again, it is still a subject for motion for reconsideration," Garcia said.

Garcia added that the Comelec en banc will convene to discuss the Supreme Court’s ruling, and they have 15 days to file a motion for reconsideration from the date they received a copy of the decision on 19 June.