SC rules 2nd placers can't replace disqualified election winners
In a 37-page ruling, the SC En Banc said the second placer rule has no basis in law, abandoning its previous ruling in Jalosjos Jr. v Comelec that the rule should be limited to situations where the certificate of candidacy of the first placer was valid at the time of the filing.
However, the SC noted that the Court in Jalosjos also did not provide any legal basis for declaring the second placer upon the disqualification or ineligibility of the winning candidate.
'No law authorizes the proclamation of the second placer in the elections in case the candidate who received the most votes is disqualified or turned out to be ineligible,' the SC said.
'The second placer rule undermines the people's choice in every election and is repugnant to the people's constitutional right to suffrage. The Court cannot impose upon the electorate to accept as their representative, the candidate whom they did not choose in the elections,' it added.
According to the High Court, the rules on succession under the Local Government Code shall apply in all cases.
'[A] permanent vacancy results from a local elective official's disqualification from office regardless of the proceedings involved,' the SC said.
The SC issued this as it dismissed the petition of a candidate against a ruling of the Comelec that canceled his certificate of candidacy for Sultan Kudarat governor in the 2022 elections due to false material representation.
Comelec chairperson George Garcia declined to comment, saying the decision is not yet final. However, he said they are now looking into the possible filing of a motion for reconsideration.
"Since the decision is not yet final, we will reserve in the meantime our comment. But we are now studying the possibility of filing an MR," Garcia said in a message to reporters.
The ruling, penned by Associate Justice Samuel Gaerlan, was promulgated in April 2025 and made public in June 2025. —AOL, GMA Integrated News
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
GMA Network
3 days ago
- GMA Network
SC: Salaries of public officials may be garnished
'The Court deems it more wise to rule that the salaries of public officials are subject to garnishment not merely because they have lost their public character upon deposit, as previously held in numerous cases, but because they are not covered by the exemptions provided under existing laws and rules,' it said. The salaries of public officials may be garnished or legally collected to pay off their monetary obligations, the Supreme Court (SC) said. In a 9-page decision, the SC Third Division ruled that the salary of a Baguio city councilor can be garnished to pay his debt to another individual. 'The Court deems it more wise to rule that the salaries of public officials are subject to garnishment not merely because they have lost their public character upon deposit, as previously held in numerous cases, but because they are not covered by the exemptions provided under existing laws and rules,' it said. According to the court, the councilor was cleared of estafa charges but the regional trial court found him civilly liable and ordered him to pay the individual P308,000. The RTC allowed the garnishment of his salary. For his part, the councilor argued that his salary should not be collected as the funds were still considered government property until spent. However, both the regional trial court and the Court of Appeals stated that once a public official's salary is deposited into their personal bank account, it is no longer considered public funds. The SC affirmed the ruling. It said that under Rule 39 of the Rules of Court, salaries can be garnished to settle debts. However, it said that an exception exists for manual laborers under Article 1708 of the Civil Code. 'The exemption is not even absolute for the salaries of laborers—only so much of their salaries, wages, or earnings within the four months preceding the levy as are necessary for the support of their family shall be exempt from garnishment,' it said. The decision, penned by Associate Justice Samuel Gaerlan, was promulgated in February and made public in July. –NB, GMA Integrated News
GMA Network
4 days ago
- GMA Network
Comelec launches online filing of SOCEs
According to Comelec chairperson George Erwin Garcia, Project SURI is a web application that would allow for the digitalization of the submission of SOCEs. (File photo) The Commission on Elections (Comelec) on Thursday launched a digital platform allowing for the online filing of local and national candidates' statements of contributions and expenditures (SOCEs). According to Comelec chairperson George Erwin Garcia, Project SURI is a web application that would allow for the digitalization of the submission of SOCEs. The project was funded by the Japanese government through a grant worth ¥234 million, or over P91 million, and will be part of the preparations for the Bangsamoro elections. 'Sana nga, sa mga susunod na eleksyon natin, gamitin na ito ng mga kandidato. Syempre may option sila whether to submit dito or hard copies pa rin. Kaya lang kung dito, napakaganda ng recording,' said Garcia. (We hope that in the elections to come, candidates will use Project SURI to submit SOCEs.) 'Once na nagamit mo yan, recorded na agad, submitted na agad. Hindi na kailangan pumunta sa Manila or sa main office para magsubmit o sa local Comelec office. Sa mga bahay lang natin, pwede na nating gawin ang submission,' he added. (Through the application, they can submit SOCEs even at their homes and without going to Comelec offices.) Under Section 14 of Republic Act (RA) 7166 or the Synchronized Elections Act, every candidate or treasurer of a political party shall file in duplicate with the offices of the Comelec the 'full, true and itemized statement of all contributions and expenditures in connection with the election' within 30 days after the elections. Candidates who will not file SOCEs will be charged with an administrative offense and will be liable to pay a fine ranging from P1,000 to P30,000.00 at the discretion of the poll body, with the exception of aspirants at the barangay level. For winning bets or political parties, failure to comply may also withhold their assumption of office. Section 13 of RA 7166 provides the limitation of authorized expenses of candidates and political parties. It states that candidates vying for the presidency and vice-presidency shall spend P10 for every voter currently registered in the constituency where they filed their certificate of candidacy. Aspirants with political parties will be allowed to spend P3 for every voter while independent candidates will be allowed up to P5. Political parties, for their part, are allowed up to P5 for every voter currently registered in the constituency or constituencies where it has official candidates. 'Gagawin natin yan di lang as Bangsamoro pero all elections to come. Ito na ang ating magiging standard — iinstitutionalize na natin ang online submission bagamat may mags-submit pa rin ng personal,' said Garcia. (We will implement this not only for the BARMM polls but other elections. We will institutionalize the online submission of SOCEs.) —LDF, GMA Integrated News
GMA Network
4 days ago
- GMA Network
EU poll observers: Almost 50% of PH election code outdated
Poll observers from the European Union turn over their final report on the 2025 Philippine midterm national and local elections on July 2, 2025. Photo by: Comelec Nearly half of the provisions of the Omnibus Election Code, including those for campaign finance and election offenses, are already outdated, the European Union (EU) Election Observation Mission reported Thursday. The EU poll observers, led by its chief Marta Temido, highlighted this in their report following the conduct of the May 12, 2025 midterm polls. "Although the election code remains the main source of electoral legislation, it is estimated that nearly half of its provisions are outdated, having been superseded by the Constitution, enacted two years after, and by numerous subsequent laws and regulations," the report read. "Specific provisions and entire sections of the electoral code that are no longer valid refer, for example, to the registration of voters and candidates, the campaign and campaign finance, voting and counting procedures, election observation and electoral offenses," the report read. Further, the poll observers' report stated that the election code has not been updated, as articles that are no longer applicable have not been repealed yet remain in place. "This [situation] is making it difficult to determine which provisions are still in force and which have been rendered inoperative by more recent legal acts," the report said. The Omnibus Election Code of the Philippines, or Batas Pambansa 881, was enacted in December 1985 during the administration of Ferdinand Marcos Sr. Fact-checking 'uncommon' The country's social media environment, the report added, is divided along political dynasties and the supporters, while the digital literacy of the Filipino population was deemed low to moderate. "While there are several fact-checking initiatives, the EU poll observers said verifying online news remains relatively uncommon among Filipinos," the report said. While articles and videos generally maintained a high level of discussion, the EU poll observers said the authenticity could not be said for comments sections and reactions. "EU EOM interlocutors noted that troll farms have become harder to detect due to their decentralised operations, unlike past tactics using identical messages and hashtags," the report pointed out. "The DICT reported several cases to Meta when coordinated naratives stemmed from a foreign source or when mass messages were identical, while TikTok removed three troll farms. Despite broad agreement on the issue's scale, some groups... were seen as both trolling and expressing authentic political views," the report read. To address these problems, the EU poll observes called for a sustainable support system for independent media and investigative journalism and fact checking. "Fact checking should be further strengthened and maintained, alongside continued expansion of media and digital literacy programmes for all strata of society," the report added. — VDV, GMA Integrated News For more Eleksyon 2025 related content and updates, visit GMA News Online's Eleksyon 2025 microsite.
