THE Commission on Elections (Comelec) is set to file a motion for reconsideration (MR) before the Supreme Court (SC), saying several aspects of the abandonment of the “second placer” doctrine require clarification.
In an interview last Friday, Comelec Chairman George Garcia said the Office of the Solicitor General (OSG) is set to meet with the poll body today, Monday. to discuss the filing of the MR.
“Come Monday, the OSG is coming to the Comelec to discuss the ruling on the second placer doctrine,” said Garcia.
“This is part of our preparations for the filing of our Motion for Reconsideration,” he added.
Earlier, the SC said it is abandoning the “second placer rule” and that the rules on succession under the Local Government Code shall apply in all cases, where a permanent vacancy results from a local elective official’s disqualification from office.
In response, the Comelec said they are considering filing an MR before the SC.
According to Garcia, the Comelec does not intend to question the abandonment of the said doctrine.
“We are not out to insist that the second-place rule shouldn’t be abandoned. In the first place, it was the SC that introduced that doctrine in the past,” noted the poll chief.
Instead, he said they just want to seek clarification on several issues relative to the ruling.
“We just want to be clarified on several matters, such as what the rule will be if it involves positions with no successors? Who should be proclaimed? These matters aren’t too clear when you read the decision,” said Garcia.
