Tie

As the electoral process winds down, we’ve been getting a lot of reports about elections ending in, of all things, a tie.

Here’s what the rules say about that:

Sec. 81. Elections resulting in a tie. – In cases where two (2) or more candidates for punong barangay or sangguniang kabataan chairman received an equal and highest number of votes, or where two (2) or more candidates for sangguniang barangay kagawad or sangguniang kabataan kagawad received the same number of votes for the first or last place, the BBOC, after recording this fact in its Minutes, shall, by resolution, and upon five (5) days notice to all the candidates concerned, hold a special public meeting in which the BBOC shall proceed to the drawing of lots between the candidates who have tied and proclaim as elected the candidates who may be favored by luck.

The other candidates who lost in the draw for the first place, if there are only two (2) who tied, shall automatically be the second placer. If, however, more than two (2) candidates tied for first place, rolled pieces of paper duly marked by the numbers “1”, “2”, “3”, and so on shall be made and the contesting candidates shall draw any one thereof, one after the other, and thereafter publicly open the same.

The number of the rolled paper drawn by each shall decide their ranking. The same procedure shall apply if the tie occurs among the second placers and so on.

If the tie is for the position of punong barangay or sangguniang kabataan chairman or for the seventh place for sangguniang barangay kagawad or sangguniang kabataan kagawad, the one favored by luck and proclaimed as elected shall have the right to assume office in the same manner as if he had been elected by plurality vote. The BBOC shall forthwith issue a certificate stating the name of the candidate who had been favored by luck and his proclamation on the basis thereof.

Nothing in this Section shall be construed as depriving the candidate of his right to contest the election.

Can’t get much clearer than that. However, I did receive one query that I think is worth mentioning. It appears that two candidates in a tie have been refusing to have their fates decided by the toss of a coin, and have been pressuring the BBOC to refer the matter to the COMELEC for adjudication.

In my opinion, there is no need for this referral. The rule is clear enough that recourse to luck is by operation of law. The BBOC has no discretion in the matter – i.e., he doesn’t have the power to decide whether or not to proceed with a drawing of lots, and neither does the COMELEC. As soon as the fundamental circumstances are met – that two or more candidates have ended up in a tie – the procedure kicks in without need for any action by the BBOC except for the sending of notice.

Just another interesting feature of Philippine elections.

7 Responses

  1. Well, if the rules say so, then the tie could be settled that way. But just another way of settling it, if resources allows is the way we do it here. There is a predetermined percentage of votes between rivals or tie, usually the lst and 2nd that will automatically requires an automatic recount, then in case of a tie after a recount usually a manual recount, that could be settled by the votes of those election returning officers not allowed to vote during regular polls. That was in the old days… But can you believe this? during the debate of reforming the settling of Ties, it was brought up that there was only one instance of such occurrence. Only one in all elections.

    Now the dilemma, since the Charter guarantees every individual the right to vote, even the Returning officers now may have to vote, that right was also extended to individuals in incarceration (jailhouse), The new proposal is to have another election, or by-election. not too sure if this been enacted, but since a tie is very rare, a draw Luck is a least expensive way and I think it would not be a problem, but I doubt it very much if it will be considered fair. I still believe another election is the best option, since so many take their right to vote for granted, maybe they will be going out to vote to settle the tie…

  2. Sir James, it seems you forgot to address the concerns of my fellow eo’s sa eComelec…Let me repost what their point:

    Good pm! Sir the BET’s are asking when can they get their per diems? Will the BBOC receive additional compensation? Deped is asking if there are per diems for their monitoring team?

    EO Dexter
    October 30th, 2007

    sir gud pm, different resolutions and memo were received in the field offices about the per diem/honorarium of the BETs, BBOCs, Monitoring Supvrs. Now dey r asking, what is the real amount for their services?

    EO MHON
    October 30th, 2007

    please let us not deprive the teachers (bets)
    of what they are suppose to get. It is a
    common knowledge that they are suppose to be
    getting 2k hon. for serving as such in the
    recently concluded brgy. elections. better for
    you at the central office that you are not
    directly faced sa “ALANGANING SCENARIO”.
    HIHINTAY PA BA KAYO NA MABUGBOG ANG EO DAHIL
    SA KABAYAAN NIYO. ANG SWELDO NG RCS… SAAN?
    KALTAS PA SA HONORARIUM NGAYON SA 1 THOUSAND..
    LET US NOT FOOL OURSELVES KUNG MAG-PILOSOPO
    KAYO NA SA G.I. 1K/DAY LANG. PRECISELY, BUT IN
    MY ENTIRE 15 YRS IN SERVICES SA COMELEC AT
    ILANG ELEKSYON NA AKO. MAXIMUM TAGALA BINIBIGAY
    KALA NYO ANG 5 HUNDRED NA TRANSPO. LULUBAG ANG
    LOOB NG TEACHERS?… HINDI!!! KUNG KAYO LANG
    SANA ANG NAGBRIEF SA TEACHERS… DI KAYO
    MATARANTA SA TANONG KUNG SAAN ANG PERA NG RC?
    TAPOS NGAYON, ETO GAGAWIN SA MGA TEACHERS?
    WALA KAYONG AWA AT HABAG? PORKE DAHIL DI KAYO
    ANG HUMAHARAP SA KANILA… A-chair borra pls.
    dati naman kayong nasa field, solusyunan niyo
    naman po ang mga hina-ing ng mga teachers
    dahil naiipit kami dito sa field… AMEN!

    usvp
    October 31st, 2007

    can somebody please release the funds for the BETs…… kawawa kaming nasa field, kami ang nadadali dahil sa mga loopholes jan sa itaas

    CEO Jossil Macute
    October 31st, 2007

    to my fellow eo’s, lagot tayo ngayon sa mga BET’s natin, 1,000 lang ang initial release for their per diems at wala pa ang transpo allowance nila….buti pa ibang regions (Mindanao in particular) may SDO (disbursing officer) pero sila naman ang nagkaproblema (failure of elections). Have you ever wonder bakit may SDO lagi sa mindanao?

    EO Dexter
    October 31st, 2007

    I hope Sir James you understand our situation.

  3. EO Dexter
    Oct 31st, 2007 at 6:40 pm

    Sir James, it seems you forgot to address the concerns of my fellow eo’s sa eComelec…Let me repost their points:

    Good pm! Sir the BET’s are asking when can they get their per diems? Will the BBOC receive additional compensation? Deped is asking if there are per diems for their monitoring team?

    EO Dexter
    October 30th, 2007

    sir gud pm, different resolutions and memo were received in the field offices about the per diem/honorarium of the BETs, BBOCs, Monitoring Supvrs. Now dey r asking, what is the real amount for their services?

    EO MHON
    October 30th, 2007

    please let us not deprive the teachers (bets)
    of what they are suppose to get. It is a
    common knowledge that they are suppose to be
    getting 2k hon. for serving as such in the
    recently concluded brgy. elections. better for
    you at the central office that you are not
    directly faced sa “ALANGANING SCENARIO”.
    HIHINTAY PA BA KAYO NA MABUGBOG ANG EO DAHIL
    SA KABAYAAN NIYO. ANG SWELDO NG RCS… SAAN?
    KALTAS PA SA HONORARIUM NGAYON SA 1 THOUSAND..
    LET US NOT FOOL OURSELVES KUNG MAG-PILOSOPO
    KAYO NA SA G.I. 1K/DAY LANG. PRECISELY, BUT IN
    MY ENTIRE 15 YRS IN SERVICES SA COMELEC AT
    ILANG ELEKSYON NA AKO. MAXIMUM TAGALA BINIBIGAY
    KALA NYO ANG 5 HUNDRED NA TRANSPO. LULUBAG ANG
    LOOB NG TEACHERS?… HINDI!!! KUNG KAYO LANG
    SANA ANG NAGBRIEF SA TEACHERS… DI KAYO
    MATARANTA SA TANONG KUNG SAAN ANG PERA NG RC?
    TAPOS NGAYON, ETO GAGAWIN SA MGA TEACHERS?
    WALA KAYONG AWA AT HABAG? PORKE DAHIL DI KAYO
    ANG HUMAHARAP SA KANILA… A-chair borra pls.
    dati naman kayong nasa field, solusyunan niyo
    naman po ang mga hina-ing ng mga teachers
    dahil naiipit kami dito sa field… AMEN!

    usvp
    October 31st, 2007

    can somebody please release the funds for the BETs…… kawawa kaming nasa field, kami ang nadadali dahil sa mga loopholes jan sa itaas

    CEO Jossil Macute
    October 31st, 2007

    to my fellow eo’s, lagot tayo ngayon sa mga BET’s natin, 1,000 lang ang initial release for their per diems at wala pa ang transpo allowance nila….buti pa ibang regions (Mindanao in particular) may SDO (disbursing officer) pero sila naman ang nagkaproblema (failure of elections). Have you ever wonder bakit may SDO lagi sa mindanao?

    EO Dexter
    October 31st, 2007

    I hope Sir James you understand our situation.

  4. eo dexter, i didnt 4get. I spoke with key ppl here. Please reassure your BETs that they will get their money. I’m doing everythng i can to help speed things up.

  5. […] It’s in the law, according to Mr. James Jimenez, the spokesman for the Commission on Elections, in his wordpress blog. […]

  6. […] when whistleblowers at the Comelec started pointing fingers at Abalos and Comelec spokesperson James Jimenez over the $659M deal with Philippine Newt Technologies Inc. (PNT). I tried but failed to reach the […]

  7. James,
    This is a serious question. What’s preventing the Comelec to do its own tally of the 2004 presidential elections using your copies of the ER’s? I asked this of Chairman Abalos during Dong Puno’s show some time ago but he refused to answer.
    By the way you’re one of a few using cyberspace for work. Quite effective. Most government sites don’t even answer e-mail. That’s why the NBN is premature. The culture in the bureaucracy has to change first.

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