Comelec, SolGen to huddle over SC ruling on 'second placer'

The Commission on Elections (Comelec) announced on Friday that it will meet with the Office of the Solicitor General (OSG) on Monday to discuss the Supreme Court’s ruling that effectively scraps the “second placer” doctrine in electoral disputes.

Comelec Chairperson George Garcia said the high-level meeting will also serve as a preparatory step for the poll body’s plan to file a motion for reconsideration on the ruling.

The recent Supreme Court decision stated that if a winning candidate is disqualified or their candidacy is cancelled, the candidate who placed second will no longer automatically be declared the winner. Instead, the rules on succession will apply.

“We want to clarify this ruling,” Garcia said in Filipino during a press briefing. “Not necessarily to insist that the second placer should win, but to understand certain positions where there is no clear line of succession. What happens in those cases, especially during the period when Comelec still has jurisdiction?”

Garcia emphasized that the poll body respects the decision but finds parts of it unclear, particularly in scenarios where no succession mechanism is outlined by law.

“It wasn’t entirely clear — with all due respect — how the Supreme Court addressed that issue,” he added.

The meeting with the OSG, now headed by newly appointed Solicitor General Darlene Marie Berberabe, will focus on legal interpretations and formulating Comelec’s official stance moving forward.

“On Monday, the Office of the Solicitor General will come here to meet with us on the second placer issue, also in preparation for the filing of our motion for reconsideration,” Garcia confirmed.

In the meantime, Comelec has decided to hold back decisions on cases that may be impacted by the abandoned doctrine to avoid overstepping the Supreme Court's ruling.

“Our proceedings continue. The only real issue is whether the candidate was disqualified or their candidacy was cancelled,” Garcia said.