Breaking tie in elections: Luck comes into play

BARANGAY AND SK ELECTIONS COMPOSITE IMAGE FROM INQUIRER FILE AND STOCK PHOTOS

MANILA, Philippines—The Barangay and Sangguniang Kabataan (BSK) elections were finally held on Monday (Oct. 30), but as always, there were some candidates who received the same number of votes, prompting the need to break the tie.

Some drew lots, while the rest tossed coins. After all, as pointed out by election lawyer Emil Marañon III on X (formerly Twitter), “the law mandates that it should be decided by luck.”

However, he stressed that the required manner both in the Omnibus Election Code (OEC), or Batas Pambansa 881, and Commission on Elections (Comelec) rules is by “drawing of lots.”

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As provided in Section 240 of the OEC, whenever it shall appear from the canvass that two or more candidates have received an equal and highest number of votes, or in cases where two or more candidates are to be elected for the same position and two or more candidates received the same number of votes for the last place in the number to be elected, the board of canvassers shall proceed to the drawing of lots of the candidates who have tied.

GRAPHIC: Ed Lustan

The candidates, who may be favored by luck, shall be proclaimed as elected and shall have the right to assume office in the same manner as if he had been elected by plurality of vote.

This is stated in Comelec Resolution No. 9648, too.

“In case there are candidates receiving the same number of votes for the same position, the Board [shall] immediately notify the said candidates to appear before them for the drawing of lots to break the tie. The drawing of lots should be conducted within one hour after issuance of notice by the Board to candidates concerned,” said the Comelec resolution.

The Comelec, however, said the tossing of coins is also permitted.