SC abandons ‘second placer rule’


The Supreme Court (SC) denied with finality a motion for reconsideration filed by Datu Pax Ali S. Mangudadatu on Tuesday, affirming the cancellation of his certificate of candidacy for Sultan Kudarat governor and formally abandoning the long-standing “second placer rule.”
During its En Banc session on 26 August 2026, the high court ruled that when a winning local candidate is disqualified after an election, the resulting permanent vacancy must be filled through constitutional succession rules rather than by proclaiming the runner-up.
Under the Local Government Code, the vice governor automatically succeeds to the office of governor for the unexpired term.
The decision resolves a consolidated case challenging the Commission on Elections’ cancellation of Mangudadatu’s candidacy, brought by Sharifa Akeel Mangudadatu, Azel V. Mangudadatu and Bai Ali A. Untong.
To recall, the second placer rule previously allowed candidates who received the second-highest number of votes to assume office if the top vote-getter was subsequently found ineligible or disqualified.
In abandoning the doctrine, the high court noted that no statute authorizes the second placer rule, stressing that the Constitution recognizes as elected only the candidate who received the highest number of votes.
“The second placer lost in the elections. He or she was not the choice of the people,” the court stated, adding that second-place finishers hold no inherent legal entitlement to office.
The Supreme Court clarified that the ruling applies to all pending cases involving local elective positions covered by the Local Government Code.
Justices also cited that the decision does not apply to national elective positions, such as the presidency or vice presidency, which remain governed by specific succession frameworks under Article VII, Sections 7 and 8 of the Constitution.