Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH (19th) CONGRESS
Second Regular Session
House Bill No.  9 5 4 0
aI
RECEIVED
DATE  ]  I  NOV  ZOZ3
•_      TIME
Introduced by: Hon. Ma. Victoria Co - Pilar
EXPLANATORY NOTE
As  the  country's  basic  unit,  the  barangay  serves  as  the  primary  planning  and
implementing unit of government programs, basic services, projects and activities.
The conduct of Barangay and Sangguhiang Kabataan elections in the Philippines are
pivotal in our democratic system, as these governing urrits are the foundation of
local governance and the stepping stone for future leaders. However, these elections
have faced numerous challenges, including irregularities, inefficiencies, and a lack of
transparency  in  the  past.  The  manual  process  of voting  and  counting  has  been
susceptible to human error and fraud, which undermine the trust and credibility of
these elections.
In  the  latest  National   and   Local   Elections  concluded   last  May   9,   2022,   the
Commission  on  Elections  lauded  that  this  election  has  recorded   the  fastest
processing of results and the highest voter turnout compared to the previous years
since the adoption of the Automated Election System in 2010. This manifests the
practicality and efficiency of adopting timely technology to expedite the system of
elections and streamline our democratic process.
This   proposed   bill   seeks   to   address   these   issues   by   advocating   for   the
implementation of automated systems for both the Barangay and SK elections. The
key features of this proposal include the use of Automated Election System (AES)
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which will be mandated in all elections. Voters will cast their ballots electronically,
and the system will automatically tabulate the results.
In view of the foregoing, passage of this bill is earnestly sought.
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Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City
NINETEENTH (19th) CONGRESS
Second Regular Session
House Bill No. 95 4 0
Introduced by: Hon. Ma. Victoria Co - Pilar
AN ACT AUTHORIzlNG Tlm cOMMlssloN ON ELECTloNs TO USE AN
AUTOMATED ELECTION SYSTEM IN THH CONDUCT 0F BARANGAY AND
SANGGUNIANG KABATAAN ELHCTIONS, ARENDING FOR THE PURPOSE
REPUBLIC ACT NO. 8436, AS AMENDED BY REPUBLIC ACT 9369, AND OTHER
RELATED ELECTION LAWS, PROVIDING FUNDS THHREFOR
Be it enacted by the Senate and House Of Representatives Of the Philippines in Congress
assembled:
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SECTION 1. Section 2 of Republic Act 8436 is amended as follows:
"SEC. 2. De¢#i.fro# a/rerms. -As used in this Act, the following terms shall
mean:
"xxx"
"6.                 C ity/municipal/di strict/provincialreARANGAY/S ANGGUNI ANG
KABATAAN  certificate  of canvass -  a document  in  electronic  and  printed
form  containing  the  total  votes  in  figures  obtained  by  each  candidate  in  a
city/municipality/district/province/BARANGAY/SANGGUNIANG
KABATAAN as the case may be. The electronic certificate of canvass shall be
the official canvass results in the aforementioned jurisdictions;"
„xxx"
"9. Co"#/i.ng Ce#/er - a public place within the city/municipalityreARANGAY
or in such other places  as may be designated by the  Commission where the
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official ballots cast in various precincts of the city/municipalityA3ARANGAY
shall be counted.  Polling places of voting centers may also be designated  as
counting centers;"
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5       SECTION 2. Section 6 of Republic Act 8436 is hereby amended to read as follows:
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C`SIEC. 5. Authority to  Use  an Automated  Election System. -To carry  out the
above-stated  policy,  the  Commission  on  Elections,  herein  referred  to  as  the
Commission,  is  hereby  authorized  to  use  an  automated  election  system  or
systems in the same election in different provinces, whether paper-based or a
direct  recording  electronic  election  system  as  it  may  deem  appropriate  and
practical     for     the     process     of     voting,     counting     of     votes     and
canvassing/consolidation  and  transmittal   of  results   of  electoral   exercises:
Provz.ded,    that    for    the    regular    national,    local,    BARANGAY,    AND
SANGGUNIANG  KABATAAN  election,  which  shall  be  held  immediately
after the effectivity of this Act, the AES  shall be used in at least two highly
urbanized cities and two provinces each in Luzon, Visayas, and Mindanao, to
be  chosen by  the  Commission:  ProvidecJ, givr/her,  that the  local  government
units  whose  officials  have been the  subject of administrative  charges  within
sixteen (16) months prior to the May  14,  2007  elections  shall not be  chosen:
Proi;z.c7ed J}#fl/fy,  that  no  area  shall  be  chosen  without  the  consent  of  the
Sangguniang   of  the   local   government   unit   concerned.   The   term   local
government unit as used in this provision shall refer to a highly urbanized city
or   province.   In   succeeding   regular   national,   local,   BARANGAY,   AND
SANGGUNIANG  KABATAAN  elections,  the  AES  shall  be  implemented
nationwide."
27       SECTION 3. Section I I (1) of Republic Act 8436 is hereby amended to read as follows:
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C`SEC.11. Functions Of the Technical Evaluation Committee -The C;ornrm:rfuee
shall  certify,  through  an  established  international  certification  entity  to  be
chosen by the Commission from the recommendations of the Advisory Council,
not   later   than   three   months   before   the   date   of  the   electoral   exercise,
categorically                               stating                               that                               the
AES, including its hardware and software components, is operating properly, in
accordance  with  the  provisions  of  this  Act  based,  among  others,  on  the
following documented results :
"1.  The  successful  conduct  of a  field-testing  process  followed  by  a
mock election event in or more cities/municipalitiesreARANGAYS ;
"xxx"
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1       SECTION 4. Section 20 of Republic Act 8436 is hereby amended to read as follows:
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CCSEC. 20  Notice  Of Designation  Of Counting  Centers.  - The  eleedion offiicer
shall   post   prominently   in   histher   office,   in   the   bulletin   boards   at   the
city/municipaM3ARANGAY/SANGGUNIANG KABATAAN hall and in three
other conspicuous places in the city/municipality/BARANGAY, the notice on
the designated counting center(s) for at least three weeks priori to election day.
The notice shall specify the precincts covered by each counting center and the
number of registered voters in each of the said precincts. The election officer
shall also furnish a copy of the notice to the headquarters or official address of
the  political  parties  or  independent  candidates  within  the  same  period.  The
election officer shall post in the Commission website concerned the said notice
and publish the notices in the  local newspapers.  Where the policing place  or
voting center is also the designated counting center, such information shall be
contained in the notice."
«xxx"
18      SECTION 5. Section 25 of Republic Act 8436 is hereby amended to read as follows:
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"SiEC. 25. Ca"assing by Provincial,  City,  District,  and Municipal  Boards  Of
Ccr7?vcrssers. - The city or municipal board of canvassers shall canvass the votes
for   the   president,   vice-president,   senators,   and   parties,   organizations   or
coalitions   participating   under   the   party-list   system   by   consolidating   the
electronically  transmitted  results  or the  results  contained  in  the  data  storage
devices used in the printing  of the election returns.  Upon completion of the
canvass,  it  shall  print the  certificate  of canvass  of votes  for president,  vice-
president, senators and members of the House of Representatives and elective
provincial  officials  and  thereafter,  proclaim  the  elected  city  or  municipal
officials, as the case may be.
«xxx"
"The   district/provincial   board   of  canvassers   shall   canvass   the   votes   for
president,  vice-president,  senators,  members  of the  House  of Representatives
and  elective  provincial  officials  by  consolidating  the  results  electronically
transmitted   from   the   city/municipal   consolidating   centers   or   the   results
contained in the data storage devices submitted by the board of canvassers of
the  municipalities  and  component cities.  Upon  completion  of the  canvass,  it
shall produce the certificates of canvass votes for president, vice-president and
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senators   and  thereafter,   proclaim  the   elected  members   of  the  House   of
Representatives and the provincial official."
"THE BARANGAY BOARD OF  CANVASSERS  SHALL  CANVASS  THE
VOTES   FOR   BARANGAY   COUNCIL   OFFICIALS,   SUCH   AS   THE
CAPTAINffuNONG   BARANGAY,   COUNCILORS/KAGAWADS,   AND
THE  SANGGUNIANG  KABATAAN  COUNCIL,  FROM  CHAIRPERSON
TO  COUNCILORS/KAGAWADS  BY  CONSOLIDATING  THE  RESULTS
ELECTRONICALLY  TRANSNITTED  RESULTS  CONTAINED  IN  THE
DATA    STORAGE   DEVICES    USED   IN   THE   PRINTING   OF    THE
ELECTION  RETURNS.  UPON  COMPLETION  OF  THE  CANVASS,  IT
SHALL   PRINT   THE   CERTIFICATE   OF   CANVASS   OF   VOTES   THE
BARANGAY   CAPTAIN,   KAGAWADS,   SANGGUNIANG   KABATAAN
CHAIRPERSON, AND SANGGUNIANG KABATAAN KAGAWADS, AND
THEREAFTER,   PROCLAIM   TIIE   ELECTED   BARANGAY   AND   SK
OFFICIALS, AS THE CASE MAY BE."
"The BARANGAY, SANGGUNIANG KABATAAN, municipal, city, district,
and provincial  certificates  of canvass  of votes  shall  each be  supported  by  a
statement of votes ."
«xxx"
24      SECTION 6. Section 26 of Republic Act 8436 is hereby amended to read as follows:
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C.S;EC. 26.  Number  Of Copies  Of Certificates  Of Canwass  Of Votes  and  their
cJz.strz.bw/z.o#.  -  (a)  The  certificate  of  canvass  of  votes  for  president,  vice-
president,   senators,   members   of  the   House   of  Representatives,   parties,
organization or coalitions participating under the party-list system and elective
provincial,       MUNICIPAL,       BARANGAY,       AND       SANGGUNIANG
KABATAAN  officials  shall  be  produced  by  the  city  or municipal  board  of
canvassers and distributed as follows:
„xxx"
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35       SECTION 7: Section 27 of Republic Act No. 7166, as amended by Republic Act No. 8045
36      and Republic Act No. 8173 is hereby further amended to read as follows:
37                   "SEC. 27. Number of copies of Election Returns and their Distribution. -The
38                   board of election inspectors shall prepare in handwriting the election returns in
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their respective polling place, in the number of copies herein provided and in
the form to be prescribed and provided by the Commission.
"The copies of election returns shall be distributed by the chairman of the board
of election inspectors as follows:
"xxx„
(b) In the election of local officials;
"(1)  The  first  copy  shall  be  delivered  to  the  BARANGAY,  city,  or
municipal board of canvassers;
13       SECTION 8. Section 26 of Republic ActNo. 7166 is hereby amended to read as follows:
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"SEC.  26.  Official Watchers.  - Every registered political party or coalition of
political parties, and every candidate shall each be entitled to one watcher in
every polling place  and canvassing  center:  Provided  That,  candidates  for the
Sangguniang   Panlalawigan,   Sangguniang   Panlunsod,   Sangguniang   Bayan,
SANGGUNIANG   BARANGAY,    AND    SANGGUNIANG   KABATAAN
belonging to the same slate or ticket shall collectively be entitled to only one
watcher."
«xxx"
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24       SECTION 9. Section 28 of Republic Act No. 7166 is hereby amended as follows:
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"SEC.   28.   Canvassing   by   Provincial   City,   District,   A4t/7VHCJP4£,   j4IVD
BidRIjvGAy   Board   of   Canvassers.   -   a)   The   City,   MUNICIPAL,   OR
BARANGAY  of  board  of  canvassers  shall  canvass  the  election  return  of
President,    Vice    president,    Senator    and    Members    of   the    House    of
Representatives     and     for     elective     provincial,     CITY,     MUNICIPAL,
BARANGAY, AND SANGGUNIANG KABATAAN officials: Provided, That
the returns for national positions shall be canvassed first Upon completion of
the canvass, it shall prepare the certificate of canvass for of Representatives and
elective provincial  officials,  announce the  results  of the  election for national
positions in the city or municipality, and thereafter, proclaims the elected city,
municipal, BARANGAY, AND  SANGGUNIANG KABATAAN officials,  as
the case may be.
"THE BARANGAY BOARD OF  CANVASSERS  SHALL  CANVASS  THE
VOTES   FOR   BARANGAY   COUNCIL   OFFICIALS,   SUCH   AS   THE
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CAPTAINffuNONG   BARANGAY,   COUNCILORS/KAGAWADS,   AND
THE  SANGGUNIANG  KABATAAN  COUNCIL,  FROM  CHAIRPERSON
TO  COUNCILORS/KAGAWADS  BY  CONSOLIDATING  THE  RESULTS
ELECTRONICALLY  TRANSNITTED  RESULTS  CONTAINED  IN  THE
DATA    STORAGE   DEVICES    USED    IN   TIH   PRINTING   OF    THE
ELECTION  RETURNS.  UPON  COMPLETION  OF  TEE  CANVASS,  IT
SHALL   PRINT   THE   CERTIFICATE   OF   CANVASS   OF   VOTES   THE
BARANGAY   CAPTAIN,   KAGAWADS,   SANGGUNIANG   KABATAAN
CHAIRPERSON, AND SANGGUNIANG KABATAAN KAGAWADS, AND
THEREAFTER,   PROCLAIM   THE   ELECTED   BARANGAY   AND   SK
OFFICIALS, AS THE CASE MAY BE."
"b)  ...„
«xxx„
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16      SncTION 10..4pproprfofro#s -Funds necessary to caITy out the provisions of this Act shall
17      be charged against the appropriations of the COMELEC. Thereafter, the amount necessary
18      for the continuous implementation of this Act shall be included in the annual General
19       Appropriations Act.
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21      SECTION 11. Jmp/cme#/I.#g J[w/cs ¢#d j[cg#J¢f}.ous. -Within ninety (90) days from the
22      effectivity of this Act, the COMELEC, in cooperation with the Department of Information
23      and communications Technology, shall promulgate the rules and regulations for the effective
24      implementation of this Act.
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26      SECTION   12.  jRcpco/I.ng  C/arse.  -  All  laws,  presidential  decrees,   executive  orders,
27      memoranda, rules, and regulations contrary to or inconsistent with the provisions of this Acts
28      are hereby repealed, amended, or modified accordingly.
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30      SECTION  13.    Separ¢bi./rty  CJa#sc.  -  If any  part  or provision  of this  Act  is  declared
31      unconstitutional or invalid, the remaining parts of provisions not affected shall remain in full
32      force and effect.
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34      SECTION 14. Ej7cT crfui.fy. -This Act shall take effect fifteen (15) days after its publication
35       in the ojorcz.cz/ Gcze#e or in a newspaper of general circulation.
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Approved,
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