CASE: Mangudadatu v. COMELEC (G.R. Nos. 260219 & 260231, April 22, 2025)

(Abondonment of 2nd Placer Rule under JALOSJOS vs COMELEC case) - apply Rule of Succession under LGC 1991

 DOCTRINE:

A candidate cannot maintain two domiciles at once; qualifications for elective office are continuing requirements. False material representation in a COC, particularly on residency, warrants cancellation under Sec. 78 of the OEC.

The “second placer rule” is abandoned. When a candidate’s COC is void ab initio, votes cast for him are stray votes, but the second placer cannot be proclaimed. Permanent vacancies must be filled through succession under the Local Government Code.

 

FACTS:

Datu Pax Ali Mangudadatu (Pax Ali), incumbent Mayor of Datu Abdullah Sangki (DAS), Maguindanao, filed his COC for Governor of Sultan Kudarat in October 2021. He declared he was a resident of Lutayan, Sultan Kudarat for 1 year and 8 months.

Rival candidates Sharifa Akeel Mangudadatu, Azel Mangudadatu, and Bai Ali Untong filed petitions before COMELEC to cancel his COC, claiming Pax Ali was still a resident of DAS since he continued to serve and perform his duties as Mayor there.

Pax Ali countered that Lutayan, Sultan Kudarat was his domicile of origin, that he had returned there since 2020, transferred his voter’s registration in May 2021, and even resigned as Mayor in November 2021.

COMELEC Rulings

• First Division (Jan 18, 2022): Canceled Pax Ali’s COC for false material representation. Held that his acts as incumbent Mayor showed he remained a resident of DAS.
• En Banc (May 2, 2022): Affirmed. Found that he knowingly misrepresented his residency to mislead voters.
• Dissent (Casquejo & Torrefranca-Neri): Argued that a public official may revert to a domicile of origin; Pax Ali presented evidence of residency in Sultan Kudarat and thus no deliberate misrepresentation existed.

Supreme Court Petition

• Pax Ali filed a Rule 64/65 Petition for Certiorari with prayer for TRO, claiming COMELEC gravely abused its discretion by disregarding evidence of his residence in Sultan Kudarat.
• He argued:
1. His domicile of origin was Lutayan, Sultan Kudarat.
2. He had abandoned DAS and returned to Sultan Kudarat since 2020.
3. COMELEC misapplied jurisprudence on residency (e.g., Torayno, Mitra).
4. He was already proclaimed Governor by the will of the people.
• COMELEC, Sharifa, and other respondents countered that:

• His incumbency as Mayor required residence in DAS.
• His voter’s transfer to Lutayan was late (May 17, 2021 → less than 1 year before May 9, 2022 elections).
• His supposed resignation as Mayor was not officially recorded.
• Thus, he committed false material representation under Sec. 78 of the OEC.

 

ISSUE/S: Whether COMELEC committed grave abuse of discretion in cancelling Pax Ali’s COC on the ground that he falsely represented his compliance with the residency requirement for governor of Sultan Kudarat.

RULING:

The Supreme Court dismissed the petition of Datu Pax Ali Mangudadatu and upheld the cancellation of his Certificate of Candidacy (COC) for Governor of Sultan Kudarat due to false material representation under Section 78 of the Omnibus Election Code.

The Court found that Pax Ali falsely declared that he had been a resident of Lutayan, Sultan Kudarat for at least one year before the May 2022 elections. In truth, he remained domiciled in Datu Abdullah Sangki, Maguindanao while serving as its Mayor until November 2021, when he resigned only after his eligibility was questioned. His continued incumbency in Maguindanao negated his claim of reestablishing residence in Sultan Kudarat, leaving him short of the one-year residency requirement under the Local Government Code.

The Court rejected his reliance on earlier jurisprudence, stressing that unlike in those cases, his supposed new residence was outside the jurisdiction of the office he sought. His misrepresentation was deemed deliberate and deceitful.

On the “second placer rule”, the Court categorically abandoned the doctrine, declaring that it lacks legal basis and undermines the electorate’s will. Votes cast for a candidate with a void COC are stray votes, but this does not entitle the second placer to be proclaimed winner. Instead, vacancies caused by disqualification or cancellation of a COC must be filled by succession under Section 44 of the Local Government Code, as in this case where the duly elected Vice-Governor of Sultan Kudarat should assume the governorship.

In fine, the Court hereby abandons the second placer rule and declares that the rules on succession under the LGC shall apply in all cases where a permanent vacancy results from a local elective official's disqualification from office regardless of the proceedings involved.