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Mayoral candidate defeated in coin toss files protest


Defeated mayoral candidate Jim Valerio on Thursday filed a protest against Bocaue Mayor-elect  Joni Villanueva, who had been proclaimed after winning a coin toss.

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According to a report on GMA 7 news program "24 Oras", Valerio alleged that cheating occurred during the vote-counting which led to a tie in the election results.

Both Valerio and Villanueva had each received exactly 16,694 votes, while the third candidate, Jonjon Santiago of the Nationalist People's Coalition, had 14,971 votes. 

Valerio also wanted the proclamation reversed because he was not present during the coin toss, and that his lawyer, Atty. Brando Viernesto, had not been given the special power of attorney to agree to the coin toss.

"Kapag po napatunayan na iligal ang prosesong nangyari, ang mga members po ng Board of Canvassers ay pwede po naming kasuhan administratibo dahil hindi po nila sinunod 'yung tamang proseso at pinagpilitan po nila ang toss coin kahit na wala naman po kaming representante," said Viernesto.

Meanwhile, Villanueva's camp insisted that the proclamation was legal.

They also denied the cheating allegations and urged Valerio to respect the results.

Under Commission on Elections' Resolution No. 10083, candidates who are tied in an election must immediately be advised by the Board of Election Inspectors (BEI) regarding the drawing of lots.

"... the Board shall, after recording in its Minutes the fact of having candidates receiving the same number of votes for the position, immediately notify the said candidates to appear before the Board for the drawing of lots to break the tie," it read.

"The drawing of lots should be conducted within one (1) hour after issuance of notice by the Board to the candidates concerned," it added.

Deogracias Danao, election officer of Bocaue, initially scheduled the drawing of lots, but both parties failed to show up.

Instead of the drawing of lots, it was decided that the mayoral race would be decided by a coin toss. — Jessica Bartolome/DVM, GMA News

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