Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila
NINETEENTH CONGRESS 
Second Regular Session
House Bill No. 9796
Introduced by Honorable Ma. Alana Samantha Taliño Santos
AN ACT AMENDING SECTION 240, ON ELECTIONS RESULTING IN TIE, OF BATAS
PAMBANSA BLG. 881, AS AMENDED ALSO KNOWN AS THE OMNIBUS ELECTION CODE
OF 1985
EXPLANATORY NOTE
During the recent conduct of the 2023 Barangay Sanggunian Kabataan Elections, several
candidates and election canvassers experienced and witnessed “toss coin” as a way of
resolving a tie.1 In the same manner, two mayoral candidates in Western Palawan settled a
rare tie via toss coin during the 2019 elections.2
As peculiar as it may seem, coin tossing has been relied upon even by the very Constitution
of the Philippines. The Constitution provided for tie-breakers in cases of presidential and
vice presidential elections while Batas Pambansa Blg. 881, as amended provided for tie-
breakers in the other election cases. However, as provided in Section 240 of the Omnibus
Election Code, 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 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.3
It must be reiterated that elections are meant to be a fair and democratic process where the
will of the people is reflected in the results. Using a coin toss in case of a tie during elections
can be seen as an arbitrary and random way of deciding the outcome. A coin toss does not
take into account the preferences or opinions of the voters, potentially leading to an unfair
outcome. This
Given that another regular election will be held on 2025, a rational way of breaking a tie
must be institutionalized. The passage of this bill will put an end on the lack of fairness
brought by the tossing of coin that is actually undermining the democratic process and the
principle of majority rule.
HON. MA. ALANA SAMANTHA TALIÑO SANTOS
Representative, 3rd District of Cotabato
1 http://www.cnnphilippines.com/news/2023/10/31/barangay-sk-election-toss-coin.html
2 https://apnews.com/coin-toss-settles-rare-philippine-election-tie-d6c00510600643eba8e0ad17a4e64ef7
3 Section 240, Batas Pambansa Blg. 881 also known as the Omnibus Election Code of the Philippines
January 22, 2024
8:00 am


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila
NINETEENTH CONGRESS 
Second Regular Session
House Bill No. 9796
Introduced by Honorable Ma. Alana Samantha Taliño Santos
AN ACT AMENDING SECTION 240, ON ELECTIONS RESULTING IN TIE, OF BATAS
PAMBANSA BLG. 881, AS AMENDED ALSO KNOWN AS THE OMNIBUS ELECTION CODE
OF 1985
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 he elected, the
board of canvassers, after 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
SANGGUNIAN
MEMBER, ONLY THE MEMBERS OF THE SANGGUNIAN OF THAT
DISTRICT WILL BE ALLOWED TO VOTE.
IN CASES OF SENATORS, THE DULY ELECTED 23 SENATORS WILL
VOTE AMONG THEMSELVES O N 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, rule or regulation inconsistent or contrary to the provision of this Act
is hereby repealed or modified accordingly.


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City, Metro Manila
NINETEENTH CONGRESS 
Second Regular Session
House Bill No. 9796
Introduced by Honorable Ma. Alana Samantha Taliño Santos
Section 3. Effectivity Clause. – This Act shall take effect after fifteen (15) days following its
publication in the Official Gazette or a newspaper of general circulation.
Approved