Comelec to ask Supreme Court to reconsider ruling on second placers
MANILA, Philippines — The Commission on Elections is preparing to file a motion for reconsideration after the Supreme Court's landmark decision abandoning the second placer doctrine, with officials now scrambling to understand how the new ruling affects some cases from the recent May elections.
Commission Chairperson George Garcia said on Monday, June 23, that the poll body was caught off-guard by the April 22 Supreme Court decision and wants clarification on several issues before the ruling becomes final.
The commission is coordinating with its Law Department and the Solicitor General on the possible filing of the motion, Garcia said.
"There is a need for some clarification and a better understanding of the issue, as the doctrine of the second placer is seemingly being disregarded," Garcia said in mixed English and Filipino.
The Comelec also wants to clarify how the SC decision will impact petitions concerning those gunning for national positions.
"We want to clarify what the effect is, before elections versus after the elections. Because the effect [for each] are different," Garcia told reporters.
The ruling
The Supreme Court decision declared that candidates who rank second in polls cannot replace winners whose candidacies are canceled or disqualified. Instead, succession rules under the Local Government Code will apply.
The court's decision does away with the precedent set by the 2012 Jalosjos Jr. vs. Comelec ruling that established the second placer doctrine.
That case held that if a first-place candidate's certificate was declared void from the beginning, they were never truly a candidate and therefore the second placer should take office.
The Supreme Court noted its latest ruling returns to much older precedent, citing the 1929 Nuval vs. Guray case that rejected the second placer rule as unsupported by law.
Comelec rulings now in question. The decision has created immediate practical problems for the Comelec. Garcia said that just days before the Supreme Court ruling, the commission issued a decision disqualifying a winning mayor in Cavite and to proclaim as winner the candidate with the highest number of valid votes.
"We admit we were surprised by the decision regarding the abandonment of that doctrine, although that does happen, and it is within the power of the Supreme Court to thoroughly review our existing laws," Garcia said in mixed English and Filipino.
The SC ruling particularly points to Republic Act 6646 or the Electoral Reforms Law of 1987 as being silent on who should take over in the event of a cancellation of candidacy.
Uncertainty. "Should Comelec hold back our decisions and not release them until the Supreme Court's ruling becomes final and executory?" Garcia said. "Again, this is still subject to a motion for reconsideration."
Garcia said the court's decision also creates confusion about existing Comelec procedures, particularly quo warranto petitions filed after elections.
The commission is planning to review cases that could be affected by the Supreme Court decision. Garcia said Comelec has other pending decisions with "direct implications" from the ruling.
For now, Garcia said the commission will respect the court's position while the motion for reconsideration is being considered.
"As an institution that's been informed about this decision by the SC majority, isn't the best action for Comelec to respect it and not act until the Supreme Court's decision becomes final?" Garcia said.
With the June 30 deadline approaching for winning candidates to assume office, Garcia said the Comelec will generally seat whoever was proclaimed in recent elections as long as no SC temporary restraining order blocks such action.
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