The Commission on Elections (Comelec) on Friday said it will meet with the Office of the Solicitor General to discuss the Supreme Court’s decision abandoning the “second placer” doctrine in election disputes.
The Supreme Court ruled that even if the candidate with the highest votes is disqualified or their candidacy is canceled, the runner-up will not automatically be declared the winner, and the rule of succession will apply instead.
In a press briefing, Comelec Chairman George Garcia said they are scheduled to meet with the OSG on Monday to clarify aspects of the decision and prepare their motion for reconsideration.
“First, we want to seek clarification. Second, we want—not necessarily to insist that the second placer doctrine should not be abandoned—but simply to clarify positions, such as when there is no succession. How should Comelec act during the period when it still has jurisdiction?” Garcia told reporters.
“We have no problem if Comelec’s jurisdiction ends after June 30, because it is very clear that another office or tribunal will handle the case,” he added.
Garcia explained that the Comelec’s main question is how to address positions where no succession is specified and determine who should occupy the vacant office.
“It wasn’t completely clear—with all due respect—how the decision addressed that matter,” he said.
“On Monday, the Office of the Solicitor General will come here to meet with us on the issue of the second placer and to prepare for filing our motion for reconsideration,” he added.
Garcia stressed that despite the recent landmark ruling, the commission’s deliberations on other cases were not affected.
However, he said Comelec opted not to release some decisions that could involve the second placer doctrine, out of respect for the Supreme Court and pending legal actions.
“We are continuing our work. The only issue there is whether the candidate is disqualified or the candidacy is canceled,” he said.
“The Commission decided that decisions where the second placer could potentially assume the post—or where we would apply the rule of succession—should be held back for now, in deference to the forthcoming motion for reconsideration and the Supreme Court’s exercise of its authority,” Garcia said.
The Supreme Court’s decision overturns the precedent set by the Jalosjos v. Comelec case, which previously allowed the second placer to take office if the winning candidate was disqualified or their candidacy was canceled.
Garcia earlier warned that this major doctrinal change could disrupt ongoing and future Comelec decisions, especially those involving disqualification and cancellation of candidacies.