ALIAGA, Nueva Ecija – A candidate for barangay chairman here won over his rival through the toss of a coin.
Ricardo Santos, candidate for chairman of Barangay San Pablo Matanda, was proclaimed last Wednesday as the winner in the recent barangay elections by municipal election registrar Julius de Guzman, beating his rival Jose Samson.
Santos and Samson tied with 264 votes each from the 656 registered voters who cast their vote. The board of canvassers, after a brief caucus, decided to break the tie through a coin toss.
After Santos won the tie-breaking coin toss, Samson graciously accepted defeat and reached out to the winner.
Lawyer Panfilo Doctor, provincial election supervisor of the Commission on Elections (Comelec), told The STAR that resolving a tie between two rival candidates contesting an elective post is provided under the Omnibus Election Code.
He cited that Section 240 of the Code provides that whenever two or more candidates receive the same number of votes, the board of canvassers shall, by resolution, hold a special public meeting at which it shall proceed to the drawing of lots of the candidates.
The candidate favored by luck shall have the right to assume office as if he had been elected by plurality of vote.
The board of canvassers is also mandated to make a certificate stating the name of the candidate who had been favored by luck and his proclamation on that basis.
The same provision, however, clarified that Section 240 does not deprive the losing bet of his right to contest the election, meaning, he can still file an election protest if he chooses to.
Doctor said elections decided through a coin toss is nothing new since these also happen in other places.
In Barangay 58, Tondo, Manila, a similar incident occurred. Barangay chairman Oca de Leon won over his rival candidate by the toss of a coin, after getting equal votes during the barangay elections held last week.