Question & AnswerQ&A (Commonwealth Act No. 194)
Commonwealth Act No. 194 provides the procedure for deciding ties in elections for members of the National Assembly.
It was approved on November 18, 1936.
The provincial board of canvassers shall decide the winner by a drawing, and the candidate favored by fortune in this drawing shall be proclaimed elected.
The provincial board of canvassers concerned conducts the drawing.
They must state the tie in the proper certificate, give all tied candidates ten days' notice to be present if they wish, hold a public session for the drawing, prepare minutes of the procedure, and proclaim the winning candidate.
The certified copies must be sent to the National Assembly, the President of the Philippines, the Auditor General, and to each of the tied candidates.
Yes, the candidate proclaimed by the drawing is entitled to a seat as if they had obtained a majority of votes.
The tied candidates are given ten days' notice before the drawing.
Yes, it applies to both regular and special elections.
The candidate's proclamation grants them all the rights and privileges of having won the majority vote, including holding the seat in the National Assembly.