The Supreme Court (SC) on Thursday denied with finality the motion for reconsideration filed by Datu Pax Ali S. Mangudadatu relative to the earlier cancellation of his certificate of candidacy for governor of Sultan Kudarat.
The decision also effectively abandons the “second placer rule,” which would allow the candidate who received the second-highest number of votes to take the position of a disqualified or ineligible candidate who initially won the election.
SC reiterated that there is no law establishing the second placer rule.
Under the Philippine Constitution, only the candidate who received the highest number of votes may be recognized as the duly elected official.
SC noted that under the Local Government Code (LGC), a vacancy caused by the disqualification of the winning candidate must be filled in accordance with the rule of succession, rather than by the candidate who placed second in the election.
The Court said that the second-place winner lost the elections.
In this case, the position of governor will be assumed by the vice governor until the end of the term, not the candidate that placed second during the polls.
The High Court clarified that the ruling is limited to local elective positions covered by the LGC and does not apply to succession rules for national elective positions.
The decision is also applicable to all other similar pending cases and appeals.