We were unaware with how tied votes in any local or national elections are settled but when we learned that a tie in the election for the Mayor of San Teodoro in Mindoro was settled with a coin toss, we just had to check the rules. We note that it seems purely a coincidence that a coin was used and not because politicians are two-faced.
“Sec. 240. Election
resulting in tie. - 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, after recording this fact in
its minutes, shall by resolution, upon five days notice to all the tied
candidates, hold a special public meeting at which the board of canvassers
shall proceed to the drawing of lots of the candidates who have tied and
shall proclaim as elected the candidates who may be favored by luck, and the
candidates so proclaimed shall have the right to assume office in the same
manner as if he had been elected by plurality of vote. The board of canvassers
shall forthwith make 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 a candidate of his right to contest the
election.” [Underline supplied.]
COMELEC Resolution No. 9648,
under Section 28. i. 6. b, likewise states:
“In case there are
candidates receiving the same number of votes for the same position, the Board
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 (1) hour after issuance of notice by the Board to the candidates
concerned.” [Underline supplied.]
So why the coin
toss? Apparently, it was the local election officer Mr. Reny Pagilagan’s
suggestion -
“When the two
candidates for mayor of San Teodoro were called to the election office Tuesday
morning, Mr. Pagilagan said the two already knew what would happen but still
deferred to the election officer to determine the manner of how to break the
tie.
“I suggested a coin
toss, with whoever flipping the most number of heads after five tries to be
declared the winner. They agreed and when I searched my pocket for loose
change, I found a five peso coin,” he said. As ground rule, the coin must be
tossed by the candidates above their heads and the coin must bounce at least once
on the tiled floor, he added.
As if the gods were
also having problems making a choice, Mr. Py and Feraren were again tied after
the first round, each flipping two heads after five chances.
The second round saw
49-year-old Mr. Feraren, brother of the outgoing town mayor Apollo Feraren,
emerging as victor, flipping two heads to Mr. Py’s one.
“It was a suspense
thriller,” said Mayor-elect Feraren, relieved the experience was already over.
Mr. Pagilagan said
the two rivals embraced after the winner was declared.”
Was all that
coin tossing legit? Are the candidates allowed to agree to a different form of
settling ties even as the rules specify that there should be “drawing of lots”?
Is coin tossing equivalent to drawing of lots?
We have yet to hear any objections to the San Teodoro result but
considering how “precious” elective positions are treated in this country, we
are waiting ….
It is ironic
that despite the advances in technology and the fact that we now have automated
elections reportedly costing P1.8B, the result of one contest was decided by a
decidedly old method, the luck of the draw, or in this case, the toss of a P5 coin.
