When a candidate is expelled from office as a result of a disqualification case, it's the second-in-command who usually takes over, not a defeated election opponent. The Comelec's ruling fails to thoroughly explain why it did the opposite.
MANILA, Philippines – When the Commission on Elections tried to kick the mayor of Legazpi City out of office, it did away with convention and decided to replace her with her closest election opponent, not her vice mayor.
But if longstanding jurisprudence or even the rules of succession under the Local Government Code were followed, Vice Mayor Bobby Cristobal would have been proclaimed the new mayor.The Comelec proclaimed Rosal as mayor in May 2022, and she assumed office in June. In October, a division of the poll body – composed of two commissioners –The commission found that she violated the election code provision against spending of public funds during the campaign period.
Comelec spokesman Rex Laudiangco told Rappler that the ruling meant that the votes garnered by Rosal were considered stray. Nonetheless, the Comelec ruling cited four Supreme Court resolutions that favored the second placer as successor instead of the second-in-command.
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