THE Commission on Elections (Comelec) said it is preparing to file a motion for reconsideration with the Supreme Court following its landmark decision to abandon the long-standing “second placer” doctrine in election disputes.
Comelec Chairman George Erwin Garcia said there is a need to clarify the implications of the high court’s decision that affects whether candidates with pending disqualification or cancellation of candidacy cases will be replaced.
The Supreme Court’s decision confirms that even if the “first placer” is disqualified or their candidacy is canceled, the “second placer” will not automatically be declared the winner, and instead succession will apply.
The decision overturns the precedent set by the Jalosjos vs. Comelec case, which allowed the second placer to assume the seat if the winner’s candidacy was canceled.
Garcia warned that this major doctrinal shift could interfere with ongoing and future decisions of the Comelec, especially those related to disqualification and cancellation of candidacies.
Garcia said the Supreme Court voted 8 in favor of scrapping the second-placer rule, 5 dissented, and 2 abstained.
“The Supreme Court majority said that people didn’t vote for second place. So why are we giving them a mandate?” Garcia said.
He said the Comelec is examining how the decision will affect national and local poll contests, particularly those that follow the second-placer rule.
Garcia noted that some recent decisions by the poll body on second-place finishers were made before the Supreme Court’s decision was issued.