The Supreme Court’s (SC) decision to abandon the “second placer rule” does not apply to national elective positions, including the president and vice president, Commission on Elections (Comelec) chairperson George Erwin Garcia said Friday.

Citing the high court ruling issued earlier this week, Garcia explained that the doctrine change applies primarily to local government posts because of existing statutory rules on succession.

“The Supreme Court said this is more applicable to local officials because local officials have rules on succession,” Garcia said, adding that top national positions operate under distinct constitutional protocols.

The second placer rule, stemming from a 2012 Supreme Court decision, previously permitted the candidate with the second-highest vote total to be declared the winner if the top-voted candidate was disqualified or found ineligible.

Under the updated framework, succession for the presidency and vice presidency remains governed strictly by the provisions established in the Constitution.

Garcia cited that the court explicitly referenced top national offices in its ruling, likely in preparation for the upcoming 2028 national and local elections.

The ruling, issued 26 August, affirmed with finality a Comelec decision canceling the certificate of candidacy of Sultan Kudarat gubernatorial candidate Datu Pax Ali Mangudadatu in the 2022 elections over residency requirement non-compliance.

While Mangudadatu received the most votes, the high court ruled that the second-place candidate in that race could not be proclaimed governor as a replacement.

Garcia acknowledged that Manila 6th District Representative Bienvenido Abante Jr. previously benefited from the second placer rule when an opponent was disqualified last year.

Addressing potential legal challenges to Abante’s current seat, Garcia revealed that Comelec no longer holds jurisdiction over the matter.

Electoral jurisdiction shifts to the House of Representatives Electoral Tribunal once winning candidates have taken their official oaths of office.