case may be. Subsequent vacancies in the said office shall be filled
automatically by the other sanggunian members according to their
ranking as defined in this Article."
Our case law is now settled that in a mayoralty election, the
candidate who obtained the second highest number of votes, in this
case Alarilla, cannot be proclaimed winner in case the winning
candidate is disqualified. Thus, we reiterated the rule in the fairly
recent case of Reyes v. COMELEC,[14] viz:
"x x x x x x x x x
"We likewise find no grave abuse of discretion on the part of the
COMELEC in denying petitioner Julius O. Garcia's petition to be
proclaimed mayor in view of the disqualification of Renato U. Reyes.
"That the candidate who obtains the second highest number of votes
may not be proclaimed winner in case the winning candidate is
disqualified is now settled. The doctrinal instability caused by seesawing rulings has since been removed. In the latest ruling on the
question, this Court said:
To simplistically assume that the second placer would have received
the other votes would be to substitute our judgment for the mind of the
voter. The second placer is just that, a second placer. He lost the
elections. He was repudiated by either a majority or plurality of
voters. He could not be considered the first among qualified
candidates because in a field which excludes the disqualified
candidate, the conditions would have substantially changed. We are
not prepared to extrapolate the results under the circumstances.
"Garcia's plea that the votes cast for Reyes be invalidated is without
merit. The votes cast for Reyes are presumed to have been cast in the
belief that Reyes was qualified and for that reason can not be treated
as stray, void, or meaningless. The subsequent finding that he is
disqualified cannot retroact to the date of the elections so as to
invalidate the votes cast for him."