Elections provide voters a unique form or element of entertainment not only due to the list of candidates filing for certificate of candidacy, but also due to the complexities of the electoral system. Before the results are released, voters need to wait for several weeks as the canvassing of election results can be a long and tedious process. There will be disputes, which can delay the declaration process. 

The Philippine elections give voters some sort of confusion and excitement when two candidates have tied. Instead of undergoing another voting process, the tie is simply broken by drawing of lots. While this method may appear to be tongue-in-cheek, it is covered by Resolution No. 9648. “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 of candidates concerned.” 

“The candidate who won in the drawing of lots and so proclaimed shall have the right to assume office in the same manner as if he had been elected by plurality of votes.”

This electoral system is also under 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, 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.”

During the 2013 general elections, San Teodoro, Oriental Mindoro mayoralty candidates tossed a coin to break the tie. Although this is considered an unconventional electoral system, it is not considered unique as there are states in the US that also follow the same method. 

As 2016 election approaches, more and more political hopefuls are going the extra mile to win more votes. You can see a plethora of political ads and various campaign strategies, which are clear signs that election is just around the corner.  In the past, premature campaigning is considered a violation but based on the country’s statute books, it is no longer a violation. It was used to be a criminal offense that can result in disqualification of the candidate. 

Under Section 68 of the Election code, any candidate who in a protest or action in which he is a party is declared, based on the final decision of a competent court is considered guilty of violating any of Sections 80, 83, 85, 86 and 261. This leads to the disqualification of candidate from holding the office or running for election. If you see political ads on TV, they are not considered as a violation of the election code. 

Premature Campaigning And Its Considerations

An act will only be considered as election campaigning when it intends to promote the election or defeat of a person who has already filed a certificate for candidacy. Even if the person deemed most qualified for public office appears to be campaigning, he still does not violate any laws unless he has officially filed his COC. 

No one can be punished for prematurely campaigning under Section 80 of the Election Code if the person is not yet legally a candidate. In the past elections, the voting and counting process were still manual and a timeline must be observed for filing a COC. It should not be later than one day before the start of the campaign period. This is to ensure that the opportunity to campaign is maximized without breaking the law. 

However, when automated election was introduced by RA 8436 in 1997, the deadline for filing COCs has also changed. It should not be later than 120 days before the election. If candidates file their COCs earlier than the said deadline, they will be punished for premature campaigning especially if campaigns took place between the date of COC filing and the start of the campaign period.

With the most recent amendment, Section 11 of the law states that even if COCs are filed before the campaign period, the candidates will not be liable for violating laws on campaigning. The law takes effect on the start of the campaign period. In the simplest term, no one can be charged for premature campaigning if there are no candidates yet.