Winning village chair proclaimed after draw lot

BANSALAN, DAVAO DEL SUR - The incumbent village chair of Bonifacio here, lost his re-election bid after a draw lot spearheaded by the Commission on Election on Monday.

Incumbent village chair Eustequio Tormis got the same number of votes as Primitivo Martel, also a former three-termer barangay captain who lost during the 2010 barangay elections.

Both Tormis and Martel received 152 votes during the October 28 barangay elections.

Atty. Maria Febes Barlaan, provincial election supervisor, had given them 5 days for the scheduled draw lot at the town’s municipal lobby on Monday morning.

Martel, a chance winner, became lucky after he picked his name inside the box.

The ruling based on section 72 of the Comelec resolution number 9751 said that in cases where two 2 or more candidates for Punong Barangay received an equal and highest number of votes, or where two 2 or more candidates for Sangguniang Barangay Kagawad received the same number of votes for the first or last place, the BBOC, after recording this fact in its Minutes, shall, by resolution, and upon five (5) days notice to all the candidates concerned, hold a special public meeting in which the BBOC shall proceed to the drawing of lots between the candidates who have tied and proclaim as elected the candidates who may be favored by luck.”

“The other candidates who lost in the draw for the first place, if there are only two 2 who tied, shall automatically be the second placer. If, however, more than two 2 candidates tied for first place, rolled pieces of paper duly marked by the numbers “1”, “2”,“3”, and so on shall be made and the contesting candidates shall draw any one thereof, one after the other, and thereafter publicly open the same,” Barlaan said.

The resolution also stated that number of the rolled paper drawn by each shall decide their ranking. The same procedure shall apply if the tie occurs among the second placers and so on.

“If the tie is for the position of Punong Barangay or for the seventh place for Sangguniang Barangay Kagawad or the one favored by luck and proclaimed as elected shall have the right to assume office in the same manner as if he had been elected by plurality vote. The BBOC shall forthwith issue a certificate stating the name of the candidate who had been favored by luck and his proclamation on the basis thereof,” she said.

“Nothing in this section shall be construed as depriving the candidate of his right to contest the election,” said Barlaan.

The Comelec said all elected candidates will start their term on November 30, the same day all Sangguniang Kabataan officials will step down from their posts after the declaration of the postponement of their election.