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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
In a democratic country like the Philippines, elections are periodically held. Since 
there is always that slim possibility that the elections will result in a tie, the Constitution 
and Batas Pambansa Blg 881, also known as the Omnibus Election Code, provided 
different solutions lo that scenario in the different levels of government. 
The Constitution provided for tie-breakers in cases of presidential and vice 
presidential elections while BP 881, as amended provided for tie-breakers in the other 
election cases. 
Under the Constitution, Article VII, Section 4, paragraph 5, "the person having 
the highest number of votes shall be proclaimed elected, but in case two or more shall 
have an equal and highest number of votes, one of them shall forthwith be chosen by the 
vote of a majority of all the Members of both Houses of the Congress, voting separately." 
Thus, in case of a tie for president and vice-president, Congress, as thc representative of 
the people, shall vote separately to break such tie. 
However, in the case of other officials as provided for under our Omnibus 
Election Code, Section 240, in cases where 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 and shall proclaim as elected the 


candidates who will be favored by luck. In short, if the elections result in a tie, the future 
leaders will be determined through chance. 
I believe that there is a more rational way of breaking a tie and not just through 
the drawing of lots. Thus, following the formula in the Constitution, I believe that it is 
better for the Sanggunian (in place of Congress) concerned to break the tie rather than 
leave everything to chance. For instance, if there is a tie after the elections in a certain 
municipality or city, the duly-elected Sanggunian will now be called upon to decide who 
their next official will be. Be it for Mayor, Vice-Mayor, Sanggunian member or District 
Representative. However, in cases of district representation, only the Sanggunian 
members of the district concerned will cast their vote to break the tie. 
In the case of Senators, if there is a tie for the last place, the remaining 23 senators 
will vote among themselves on who the 24"' senator will be. 
I believe that this formula is more rational because it is the people's duly elected 
representative who will be breaking the tie and not just pure luck.' 
I This bill was originally filed in the Thirteenth Congress, Third Regular Session. 


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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
AMENDING BATAS PAMBANSA BLG. 881, AS AMENDED ALSO KNOWN AS 
THE OMNIBUS ELECTION CODE OF 1985, SECTION 240 ON ELECTIONS RESULTING 
IN TIE. 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Section 240 of Batas Pambansa Blg. 881, also known as the Omnibus 
Election Code of 1985, as amended is hereby further amended to read as follows: 
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, afrer 
recording this fact in its minutes, shall by resolution, upon five days notice to all the tied 
candidates, TRANSMIT THE FINAL RESULTS TO THE SANGGUNIAN CONCERNED. 
THE SANGGUNIAN SHALL hold a special SESSION THREE DAYS AFTER RECEIVING 
THE TRANSMITTAL FROM THE BOARD OF CANVASSERS at which the SANGGUNIAN 
shall BREAK THE TIE BY A MAJORITY VOTE and shall proclaim as elected the candidate 
who WILL be CHOSEN BY THE VOTE OF A MAJORITY OF ALL THE MEMBERS OF 
THE SANGGUNIAN, and the candidate so proclaimed shall have the right to assume office in 
the same manner as if he had been elected by plurality of vote. 
The SANGGUNIAN shall forthwith make a certificate stating the name of the candidate 
who WAS CHOSEN BY THE MAJORITY VOTE OF THE SANGGUNIAN and his 
proclamation on the basis thereof. PROVIDED HOWEVER, THAT IN CASE WHERE THE 
POSITION TO BE FILLED IS FOR DISTRICT REPRESENTATIVE OR DISTRICT 
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SANGGLJNIAN MEMBER, ONLY THE MEMBERS OF THE SANGGLJNIAN OF THAT 
DISTRICT WILL BE ALLOWED TO VOTE. 
IN CASES OF SENATORS, THE DULY ELECTED 23 SENATORS WILL VOTE 
AMONG THEMSELVES ON WHO WILL BE THE LAST SENATOR WHO WILL 
COMPLETE THEIR ROSTER. 
Nothing in this section shall be construed as depriving a candidate of his right to contest 
the election. 
SECTION 2. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 3. Efectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
jps/5-28-07 
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