FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENA1E 
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S .. No. 
~~54 
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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 BIg 881, also known as the Omnibus Election Code, provided different solutions 10 
that scenario in the different levels of government. 
The Constitution provided for ti<l-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 the 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 
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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 
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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 24th 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. l 
I This bill was originally filed in the Thh1eenth Congress, Third Regular Session. 
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FIFTEENTH Co.NGRESS o.F THE REPUBLIC 
) 
o.F THE PHILIPPINES 
) 
First Regular Session 
) 
SEN;"Y; 
S.No. 
~~54 
Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
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AMENDING BATAS PAMBANSA, BLG. 881 AS AMENDED, ALSO. KNo.WN AS 
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THE o.MNIBUS ELECTIo.N CODE o.F 198$, SECTIo.N 240 o.N ELECTIo.NS 
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RESULTING IN" TIE. 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTIo.N 1. Section 240 of Batas Pambansa Big. 881, also known as the o.mnibus 
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Election Code of 1985, as amended is heteby further amended to read as follows: 
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"Sec. 240. Election resulting in tie. - Whenever it shall appear [rom the 
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canvass that two or more candidates have rec'eived an equal and highest number 
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of votes, or in cases where two or more candidates are to be elected for the same 
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position and two or more candidates received the same number of votes for the 
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last place in the number to be elected, the boa~d of canvassers, after recording this 
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fact in its minutes, shall by resolution, upon five days notice to all the tied 
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candidates, TRANSMIT THE FINAL RESULTS TO. THE SANGGUNIAN 
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Co.NCERNED. THE SANGGUNIAN SHALL hold a special SESSIo.N THREE 
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DAYS AFTER RECEIVING THE TRANSMITTAL FRo.M THE Bo.ARD o.F 
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CANVASSERS at which the SANGGUNIAN shall BREAK THE TIE BY A 
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MAJORITY Vo.TE and shall proclaim as elected the candidate who WILL be 
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CHo.SEN BY THE Vo.TE o.F A MAJo.RITY o.F ALL THE MEMBERS o.F 
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THE SANGGUNIAN, and the candidate so proclaimed shall have the right to 
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assume office in the same manner as ifhe had been elected by plurality of vote. 
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The SANGGUNIAN shall forthwith make a certificate stating the name of 
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the candidate who WAS CHo.SEN BY THE MAJo.RITY Vo.TE o.F THE 
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SANGGUNIAN and his proclamation on the basis thereof. PROVIDED 
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HOWEVER, THAT IN CASE WHERE THE POSITION TO BE FILLED IS 
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FOR 
DISTRICT 
REPRESENTATNE 
OR 
DISTRICT 
SANGGUNIAN 
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MEMBER, ONLY THE MEMBERS OF THE SANGGUNIAN OF THAT 
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DISTRICT WILL BE ALLOWED TO VOTE. 
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IN CASES OF SENATORS, THE DULY ELECTED 23 SENATORS 
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WILL VOTE AMONG THEMSELVES ON WHO WILL BE THE LAST 
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SENATOR WHO WILL COMPLETE THEIR ROSTER. 
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Nothing in this section shall be construed as depriving a candidate of his 
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right to contest the election." 
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SECTION 2. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
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with the provisions ofthis Act is hereby repealed, modified or amended accordingly. 
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SECTION 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
Iplml02it1ly2010 
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