22/09/2026
Silang Council seeks legal review of ‘Second-Placer Rule’
Roselle R. Aquino
By Roselle R. Aquino
September 22, 2026
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SILANG, Cavite — The Sangguniang Bayan (Municipal Council) of Silang, Cavite passed Resolution 123-2026 concerning the privilege speech of Councilor Allan Tolentino on the Supreme Court’s ruling abandoning the so-called “second-placer rule” in local elections.
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The resolution comes amid the controversy surrounding the mayoralty post in Silang following the disqualification of mayoral candidate Alston Kevin Anarna and the subsequent installation of former Mayor Edward Carranza.
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The issue has gained renewed attention following the Supreme Court’s final action on the case involving Datu Pax Ali Mangudadatu, in which the High Court affirmed that the “second-placer rule” should no longer be applied in cases where a winning local candidate is disqualified or found ineligible.
Under the doctrine previously applied in certain election cases, the candidate who obtained the second-highest number of votes could, under particular circumstances, assume the position after the candidate who received the highest number of votes was disqualified.
In its ruling, however, the Supreme Court said that there is no law authorizing the automatic proclamation of the second placer when the candidate who obtained the most votes is later disqualified or found ineligible.
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Instead, the High Court said that the succession provisions of the Local Government Code should govern when a permanent vacancy results from the disqualification of a local elective official.
The Supreme Court explained that the second placer remains a candidate who lost the election and that automatically installing that candidate could effectively substitute a choice that was not made by the electorate.
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The Supreme Court, therefore, abandoned the second-placer rule and directed that the applicable rules on succession under the Local Government Code be followed.
The Supreme Court’s ruling also revisited conflicting lines of jurisprudence on the issue.
Earlier decisions had generally rejected the second placer as a replacement for a disqualified winner, while a later line of cases had recognized circumstances in which the second placer could be proclaimed, particularly when a winning candidate’s certificate of candidacy was considered void from the beginning.
The High Court’s latest ruling sought to settle the conflict by abandoning the second-placer rule in local elections where a permanent vacancy
In the Silang case, the Commission on elections (Comelec) disqualified Anarna and annulled his proclamation as mayor following a motion for reconsideration filed by Carranza.
The poll body cited a 2024 Ombudsman decision involving Anarna.
Comelec subsequently directed the municipal board of canvassers to reconvene and proclaim the winning candidate under its ruling.
Reports at the time said Anarna had won the 2025 mayoral race with 54,787 votes, nearly 15,000 votes ahead of Carranza.
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Anarna’s camp questioned the Comelec ruling and said it would elevate the matter to the Supreme Court.
Against this backdrop, the Sangguniang Bayan recognized Tolentino’s privilege speech, which raised the implications of the Supreme Court’s ruling on the “second-placer rule.”
Under Resolution 123-2026, the municipal council directed that a copy of Tolentino’s privilege speech be forwarded to the Office of the Solicitor General for legal review and for any action that the OSG may consider appropriate within its mandate.
The resolution likewise directed that a copy be furnished to the Comelec for its information and consideration, as well as for any appropriate action should a related case or proceeding arise within the commission’s constitutional and statutory jurisdiction.
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Tolentino, a member of the Committee on Good Governance, Public Ethics and Accountability, is the principal author of the resolution.
Co-authors are Councilor Ivan Chester Amutan, chairman of the committee, and Councilor Ronilo Doneza, vice chairman.
The Sangguniang Bayan’s action does not, however, constitute a final legal interpretation of the Supreme Court ruling as applied to the Silang controversy. It also does not represent a final legal position or determination by the OSG or Comelec on any specific case or proceeding. The resolution is instead an official action of the municipal legislative body seeking legal review and bringing the issues raised in Tolentino’s privilege speech to the attention of the appropriate national government agencies.
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