In a resolution issued by the SC En Banc on August 26, the Court denied with finality the motion for reconsideration filed by Datu Pax Ali S. Mangudadatu in connection with his candidacy for governor of Sultan Kudarat.
The Court affirmed its earlier decision canceling Mangudadatu’s certificate of candidacy and ruled that the resulting vacancy should be filled through the rules of succession under the Local Government Code.
Under the ruling, the vice-governor should assume the position of governor for the remainder of the term instead of declaring the second-place candidate as the winner.
The SC explained that there is no law authorizing the “second placer rule,” which refers to declaring the candidate who received the second-highest number of votes as the winner after the leading candidate is disqualified.
The Court stressed that the Constitution recognizes as elected the candidate who receives the highest number of votes. If that candidate is later found ineligible to hold office, a permanent vacancy arises and must be filled according to the applicable succession law.
The Supreme Court clarified that its latest ruling applies specifically to local elective positions covered by the Local Government Code. It did not rule on whether the second placer rule applies to national elective positions.
For national positions such as president and vice president, the Court said succession is governed exclusively by Article VII, Sections 7 and 8 of the 1987 Constitution.
The SC also said the ruling applies to pending cases, emphasizing that a second placer has no inherent right to be proclaimed the winner.
As the Court put it, “the second placer lost in the elections. He or she was not the choice of the people.”
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