Pable Ocampo v. HRET, GR No. 158466 (2004)

ISSUE:  Whether or not the candidate who has the second highest vote should be declared as winner considering that the duly-elected representative is not eligible for the office. 

FACTS:  Mario B. Crespo aka Mark Jimenez, a duly-elected congressman of the 6th district of Manila, was declared ineligible for the position in which he was elected for lack of residency in the district and was ordered to vacate his office. Ocampo then averred that since Crespo was declared as such, he should be declared the winner, having garnered the second highest number of votes. 

DECISION:  No, it is not the proper procedure. 

RATIO DECIDENDI:  The fact that the candidate who had the highest number of votes is later declared to be disqualified or ineligible for office does not give rise to the right of the candidate who garnered the second highest vote to be declared winner. To do otherwise would be anathema to the most basic precepts of republicanism and democracy. Therefore, the only recourse to ascertain the new choice of the electorate is to hold another election.