PRE-PROCLAMATION protests were not generally entertained in the recently concluded Barangay and Sangguniang Kabataan Election (BSKE) 2023, which was conducted manually, much like the 2018 elections.

According to Provincial Election Supervisor Marino Salas, the rule is that if only a few votes separate the leading candidate from their closer pursuer, the latter should file a formal election protest before the court, rather than a pre-proclamation protest.

Salas explained that after the final appreciation of votes, the Board of Canvassers is directed to proclaim the leading candidate as soon as possible. It becomes the responsibility of the trailing candidate to overturn the result by filing an election protest within 10 days after the winner’s proclamation. In the BSKE, there is generally no provision for pre-proclamation protests.

However, Salas acknowledged that the delay in proclaiming some winners in a few barangays was not due to pre-proclamation protests by losing candidates but because some candidates for barangay captain and the seventh kagawad (councilor) tied in votes. In such cases, the Board of Canvassers is mandated to resolve the tie within three days, using methods like drawing lots or a coin toss, agreed upon by the parties involved, and with due notice and transparency.

This process is intended to ensure a fair and impartial resolution of tied elections, with the presence of witnesses and the possibility of video recording. Pre-proclamation protests are generally discouraged when the leading candidate holds only a slight margin over their opponent. (Leonardo Micua)

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