14/09/2026
#๐๐จ๐ง๐๐ฎ๐๐๐จ๐๐ง๐จ๐ฐ #๐๐๐ ๐๐ฅ๐๐ฉ๐๐๐ญ๐: ๐๐ ๐๐๐๐ข๐ซ๐ฆ๐ฌ ๐๐๐๐ง๐๐จ๐ง๐ฆ๐๐ง๐ญ ๐จ๐ ๐๐๐๐จ๐ง๐ ๐๐ฅ๐๐๐๐ซ ๐๐ฎ๐ฅ๐
In a Resolution dated 26 August 2026, the Supreme Court affirmed its earlier ruling in ๐๐ข๐ต๐ถ ๐๐ข๐น ๐๐ญ๐ช ๐. ๐๐ข๐ฏ๐จ๐ถ๐ฅ๐ข๐ฅ๐ข๐ต๐ถ ๐ท. ๐๐๐๐๐๐๐, ๐.๐. ๐๐ฐ๐ด. 260219 & 260231, abandoning the second placer rule. The โsecond placer ruleโ is the practice of declaring the candidate who got the next highest number of votes the winner when the candidate who got the most votes is later disqualified or found ineligible.
The High Court reiterated that there is no legal basis for automatically declaring the second placer as the winner when the candidate who obtained the most votes is subsequently disqualified or found ineligible. The Court explained that if the candidate who was elected is later determined to be ineligible to assume or continue in office, the resulting vacancy is treated as a permanent vacancy. For local elective positions governed by the Local Government Code (LGC), the vacancy must therefore be filled pursuant to the statutory rules on succession, rather than by transferring the position to the defeated candidate who received the next highest number of votes. Thus, when the Governor cannot assume or continue in office, the Vice-Governor succeeds to the governorship for the unexpired portion of the term.
The Court likewise made clear that its ruling concerns local elective positions covered by the LGC. It did not resolve whether the so-called second placer rule applies to national elective positions, nor did it determine how succession operates in such cases, because those questions were not directly presented for the Courtโs resolution.
Finally, the Court stated that the ruling extends to cases that remain pending. It emphasized that a candidate who finished second in an election does not acquire a vested right to assume the position simply because the winning candidate is later disqualified. The reason is straightforward: the second placer did not receive the electorateโs mandate and therefore cannot be treated as the peopleโs chosen candidate.
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