Looks like this rule is correct, found this quoted as a source, so we may find out the election result on October 22th or 23th beacause of the time zones:
"Article 149.- The formula that get more than forty-five percent (45%) of the vote affirmative validly issued: failing that, that which has obtained at least forty percent (40%) of the votes affirmative validly issued and there is also a difference more than ten percentage points of total votes affirmative validly issued, on the formula that follows in Number of votes."