CEBU, Philippines – Barangay Linao Sangguniang Kabataan chairman has filed an election protest against Department of the Interior and Local Government-Talisay City officer Bertilio Pasilang for alleged "irregularity" in the conduct of last Friday's SK Federation election.
In his four-page complaint prepared by his lawyers Ed Antonio Suson and Edmar Lerios, Val Joseph Ylanan, SK chairman of Linao, said that the legal requirements in holding of SKF elections were "not followed" by the board of election supervisors (BES), in which Pasilang was chairman, and the election committee.
Quoting Article 19, Section 240 (Election resulting in tie) of the Omnibus Election Code, Ylanan said "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."
Ylanan, who was a bet for the SKF president, lost to lone rival Carmel John Burlas of Lagtang through a toss of a coin.
The two candidates both got 11 votes each, which prompted the BES headed by Pasilang to flip a P5 coin to determine the winner. But Ylanan, in his complaint, said the BES and the election committee "cannot right then and there conduct the drawing of lots," as under the law, there must be a "special public not a private meeting" to be held.
He said there are requirements before the coin toss must be done: 1) by resolution and 2) upon five days notice to both candidates.
But the requirements were not followed by the BES and the election committee, claimed the 17-year-old son of Councilor Val Ylanan.
"The result of toss coin which decided who between protestant and respondent won the election for presidency of the SK Federation is therefore null and void," he said.
The protestant has now prayed that the BES "nullify" the result of the toss coin, and hold a special public meeting "in order to conduct the correct process of the drawing of lots" between the two candidates.
Meanwhile, Burlas along with the rest of the winners, all of whom are from the administration, took their oath of office before first district Rep. Eduardo Gullas last Monday at the Talisay City Sports Complex.
The city has 22 SK chairmen, the 11 chairmen who voted for Ylanan, were not awarded. (FREEMAN)