Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

4643

HOUSE BILL NO.

Introduced by Rep. Edgar Mary Sarmiento

EXPLANATORY NOTE

The recent 2019 Midterm Elections was beset with problems. Among these problems are the
technical glitches that occurred during voting itself, counting of the votes and the transmission
of these votes. In fact, the Commission on Elections has admitted that the number of vote
counting machines (VCM) which had issues tripled this year compared to the 2016 polls. There
was also the technical issue which stopped data transmission of unofficial results to media
organizations, watchdogs, and political parties for around seven hours.'

‘The stoppage of the data dissemination makes the integrity of our elections questionable. The
automated system was adopted in order for the elections to be more efficient and transparent.
Instead, the system has cast doubts on the credibility of the results.

Through the passage of this bill, the country shall adopt a hybrid system of elections. The
voting and counting shall be done manually while transmission shall be done electronically.
This addresses the issues of a fully automated system. Transparency and credibility will be
ensured through the safeguards placed in the bill.

In view of the foregoing, approval of the bill is earnestly sought

EDGAR MARYSARMIENTO
Representative, Samar, I\District

2 https://www.rappler.com/nation/politics/elections/2019/230538-after-hours-long-glitch-comelec-
transparency-server-sends-results-again


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

4643
HOUSE BILL NO.

Introduced by Rep. Edgar Mary Sarmiento

AN ACT PROVIDING FOR THE CONDUCT OF HYBRID NATIONAL, LOCAL
AND ARMM ELECTIONS, THROUGH MANUAL VOTING AND COUNTING AT
THE PRECINT LEVEL, AND AUTOMATED TRANSMISSION AND CANVASSING,
AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives in Congress assembled:

SECTION 1. Title ~ This Act shall be known as the “The Hybrid Election Act”.

SECTION 2. Coverage - The coverage of the provisions of this Act shall be applicable to the
conduct of the election on May 2019 and all national and local elections thereafter.

SECTION 3. Filing of Certificates of Candidacy ~ The cettificate of candidacy of any person
running for the office of President, Vice-President, Senator, member of the House of
Representatives, party-list representatives or any elective provincial, city or municipal official
shall be filed in five (5) legible copies with the offices of the Commission specified hereunder

not later than the day before the date legally fixed for the beginning of his campaign, to wit:

(1) For President, Vice-President, Senators and party-list representatives 90 days before
the day of elections; and

(2) For members of the House of Representatives, and elective provincial, city and
municipal officials 45 days before the day of elections.

(a) The certificate of candidacy for President, Vice-President, Senators and party-list

representatives shall be filed with the main office of the Commission in Manila;


(b) The certificate of candidacy for the members of the House of Representatives hall
be filed with the provincial election supervisor of the province concemed. Those
for legislative districts in the National Capital Region shall be filed with the
regional election director of said region and those for legislative districts in cities
outside the National Capital Region which comprise or more legislative districts
shall be filed with the city election registrar concemed;

(c) The certificate of candidacy for provincial offices shall be filed with the provincial
supervisor concerned; and

(d) The certificate of candidacy for city or municipal offices shall be filed with the city
or municipal election officer concerned.

Whenever practicable, the names of registered candidates for local positions shall be printed in
the election returns. Provided that, if'a candidate has been disqualified or declared a nuisance
candidate, it shall be the duty of the Commission to instruct without delay the appropriate

election officials to delete the name of said candidate as printed in the election return.

The candidate shall file the certificate of candidacy personally or by his duty authorized
representatives. No certificate of candidacy shall be filed or accepted by mail, telegram, or

facsimile.

SECTION 4. Official Ballots. -

(a) Ballots for national and local elections, regular or special, plebiscites and referenda, shall
be of uniform size and shall be prescribed by the Commission, taking into consideration
environmental considerations, with a reasonable minimum paper size and using only
recycled paper. They shall be printed in black ink on security paper with distinctive, clear
and legible watermarks that will readily distinguish it from ordinary paper. Each ballot
shall be in the shape of a strip with stub and detachable coupon containing the serial
number both on the upper and lower detachable coupon of the ballot, and a space for the
thumbmark of the voter on the detachable coupon. It shall bear at the top of the middle
portion thereof the coat-of-arms of the Republic of the Philippines, the word “’Official
Ballot’, the name of the city or the municipality and province in which the elections is to

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be held, the date of the elections, and the following instruction in English: ‘’Fill out this
ballot secretly inside the voting booth. DO not put any distinct mark on any part of this
ballot”

(b) The official ballot shall be serially numbered and shall be delivered to and correspond to
specific precincts or cluster or precincts, as the case may be, which shall have
corresponding and exclusive ballot identification numbers separate from the serial number
of the individuals ballots. For purposes of transparency, the ballot ID and the serial number
of the ballots corresponding to each precinct or cluster or precincts, as the case may be,
shall be available for viewing by interested parties on the Commission’s official website
at least five (5) days before the elections.

(c) A digital image of a sample official ballot may be available for viewing and downloading
from the Commission’s website, minus the security features and actual bar codes for
authentication.

(4) The official ballot shall also contain the names of all the offices to be voted upon in the
election, allowing opposite the name of each office, sufficient space of spaces with
horizontal lines where the voter may write the name or names of the individual candidates
being voted upon, as provided in the list of candidates and the corresponding elective
positions, as pasted inside the inner flap of the ballot secrecy folder; Provide, that: any
defacement, vandalism, marking or writing on said list inside the ballot secrecy folder,
which shall in anyway suggest to the voter the candidate or candidates that he/she chooses
to vote, shall constitute an election offense, as provided in this Act.

(e) There shall not be anything printed or written on the back of the ballot except as provided
in Section [24] 5 of this Act.

(f) Official ballot for cities and municipalities where Arabic is of general use shall have each
of the titles of the offices to be voted for printed in Arabic in addition to and immediately
below the English title.

(g) The foregoing provisions notwithstanding, the Commission is hereby authorized to
prescribe a different form of official ballot on the same watermarked security paper to

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facilitate voting by illiterate and especially abled voters only. The Commission should use
or adopt the latest technological and electronic devices in connection therewith, as to
enable such illiterate or especially abled voter to confirm that the accompanying person
truly adhered to the voter’s choice of candidates, as provided under Section 52 (i) of the
Omnibus Election Code.

SECTION 5S. Printing of Official Ballots. — The printing of official ballots shall be exclusively
done by the National Printing Office and shall not be contracted out or outsourced to any private
or public person, entity, or agency, despite claims of better or higher capacity to do so, not even
under a valid accreditation pursuant to any law, rules or regulation,

A violation of this Section shall constitute a prima facie evidence of electoral sabotage and a

conspiracy to commit massive electoral fraud.

SECTION 6. Authentication of Ballot and Signature of Chairman and Watchers at the Back
of Every Ballot, — In every case before delivering an official ballot to the voter, the chairman
of the board of election inspectors, in the presence of the poll watchers and the voter, shall can
the ballot under an official bar code scanner to authenticate the same. Thereafter, the chairman
and the watchers for the dominant majority party and dominant minority party shall affix their
signature at the back thereof. Failure to authenticate shall constitute an election offense
punishable under Section 263 and 264 of the Omnibus Election Code and shall be noted in the
minutes of the board of election inspectors. The same manner of authentication of the ballots
under the bar code scanner shall likewise be observed before reading the ballot during the
counting of votes after the closing of the polls.

SECTION 7. Manner of Counting Votes. ~ In addition to the requirement in the fourth
paragraph of Section 12 of the Republic Act No. 6646 and Section 210 of the Omnibus Election
Code, in reading the official ballots during the counting, the chairman, the poll clerk and the
third member shall position themselves in a manner that will provide the watchers and the
public, an unimpeded view of the ballot being read by the chairman, the election return, and
the tally board being simultaneously accomplished by the poll clerk and the third member
respectively, without touching any of these election documents. The table shall be cleared of
all unnecessary writing paraphernalia. Any violation of this requirement shall constitute an
election offense punishable under Section 263 and 264 the Omnibus Election Code


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Before the start of the counting, the chairman shall first ascertain whether the back of every
ballot contains the signatures of the chairman and watchers as required by Section 5 hereof.
Any ballot without the required signatures shall be rejected.

a. The chairman shall first read the votes for national positions and party list choices, and
the necessary election returns shall be filled out for such positions only, thereby
reducing the time for counting, as well as the size of paper to be utilized for the election
returns. Thereafter, the members of the Board shall terminate the counting and prepare
the election returns as they await distribution to the authorized watchers, as provided
under Section 8 hereof.

b. After the reading of the votes for the national positions and the party list, the chairman
shall then proceed with the reading of the votes for the local positions and the
corresponding election return shall be filed out and prepared and distributed as
provided in Section 8 hereof.

Any violation of this Section, or any of its pertinent portions, shall constitute an election offense
and shall be penalized in accordance with Batas Pambansa Blg. 881.

SECTION 8. Counting of Votes to be Public. - As soon as the voting is finished, the board of
election inspectors shall publicly count in the polling place the votes cast and ascertain the
results, The board may rearrange the physical set up of the polling place for the counting or
perform any other activity with respect to the transition from vote counting. However, it may
do so only in the presence of the watchers and within close view of the public. At all times, the
ballot boxes and all election documents and paraphernalia shall be within close view of the
watchers and the public.

The board of election inspectors shall not adjourn or postpone or delay the counting until it has
been fully completed, unless otherwise ordered by the Commission.

The Commission, in the interest of free, orderly, and honest election, may authorize the board
of election inspectors to count the votes and to accomplish the election return and other forms
prescribed under the code in any other place within a public building in the same municipality

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or city on account of imminent danger of widespread violence or similar causes of comparable
magnitude: Provided, That the transfer shall been recommended in writing by the board of
election inspectors by unanimous vote and endorsed in writing by the majority of watchers
present: Provided, further, that the said public building shall not be located within the perimeter
of or inside a military or police camp, reservation, headquarters, detachment or field office nor
within the premises of a prison or detention bureau or any law enforcement or investigation

agency.

Any violation of this section, or any of its pertinent portions, shall constitute an election offense
and shall be penalized in accordance with Batas Pambansa Blg. 881

SECTION 9. Election Returns. — The board of election inspectors shall prepare the election
returns simultaneously with the counting of votes in the polling places as prescribe in Section
210 of Batas Pambansa Blg. 881. The recording of vote shall be made as prescribed in the said
section. The entry of votes in words and figures for each candidate shall be closed with the
signature and the clear imprint of the thumbmark of the right hand of all the members, likewise
to be affixed in full view of the public, immediately after the last vote recorded or immediately
after the name of the candidate who did not receive any vote.

The returns shall also show the date of the election, the polling place, the barangay and the city
or municipality in which it was held, the total number of ballots found in the compartment for
valid ballots, the total number of valid ballots, withdrawn from the compartment for spoiled
ballots which were erroneously placed therein, the total number of excess ballots, the total
number of marked or void ballots, and the total numbers of votes obtained by each candidate.
These pieces of information that shall be written in words and in figures and, at the end thereof,
the board of election inspectors shall certify that the content are correct. The returns for national
positions and party list shall be accomplished in a single sheet of paper, in such cases, additional
sheets may be used which shall be prepared in the same manner as the first sheet and likewise
certified by the board of election inspectors.

The Commission shall take steps so that the entries on the first copy of the election returns are
clearly reproduced on the second, third, fourth, fifth, and sixth copies thereof, and for that
purpose, the Commission shall use a special kind of paper.


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SECTION 10. Digital Election Returns, — Simultaneously to the counting of the votes and the
filling out of the election returns, there shall be independent technician who shall enter the
votes, as they are countered, into a digital spread sheet, which shall serve, as the Digital
Election Return, in a laptop provided for the purpose, which spread sheet shall also be projected
ona screen while the entries are recorded in real time for the watchers to validate and the public

to see.

The Digital Election Return shall be equipped with such encryption and programs to ensure
that the technician, or any person, cannot make alterations in any of the entries therein, or the
results of the counting, except in case of discrepancy with the manual election return as
provided below. Likewise, the laptop shall be configured to confine its operation only for this

purpose and to transmit the results of the counting to a secure server as hereinafter prescribed.

Immediately upon the accomplishment of the manual election return for national positions, the
poll clerk shall announce the posting of the second copy of the election return on a wall with
sufficient lighting within the premises of the polling place or counting center. He shall then
proceed to do the same in the presence of the other members of the Board, the watchers and
those present in the polling place or counting center. Without delay and, when feasible, he shall
secure an image of the election return using a secured data capturing device and immediately
thereafter, while in the premises of the poling place or counting center, directly print thirty (30)
copies of the manual election return.

Likewise, the independent technician, without turning off the projected results on the screen,
shall print out one copy of the digital election return as filled out, and the members of the
boards and the poll watchers shall be asked to authenticate the same by comparing the results
as printed with the second copy of the manual election return as posted and announced. Should
the results of the digital election return be found to be the same as that of the manual, the
members of the boards, and the poll watchers shall affix their signatures and thumb prints in
the spaces provided and the same shall be placed in the compartment for valid ballots in the
ballot box.

Should there be any discrepancy between the digital and the manual election returns, the results
in the manual election return shall prevail. However, for purposes of electronic transmission,
the chairman, the poll clerk and the third member shall encode their digital signatures into the
laptop to allow the necessary corrections in the digital election return to conform to the results

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as reflected in the manual election return, The erroneous digital return shall be tom by half
lengthwise and placed inside the compartment for spoiled ballots inside the ballot box.

Thereafter, the technician shall print another copy of the digital election return and shall allow
the board and the poll watchers to scrutinize and authenticate the same as prescribed above.
When there is no more discrepancy in the results, the board and the poll watchers shall affix
their signatures and thumb prints, and the correct digital election return shall be placed in the
compartment for valid ballots inside the ballot box.

Finally, the board shall again enter their respective digital signatures to write-protect the
memory card containing the digital election return and the image of the manual election return,
and authorize the electronic transmission of the results to the various secure servers as
prescribed herein.

Once the printouts for the image of the manual election return have been produced, the poll
clerk shall call the other members of the board to authenticate each print copy by closely
comparing the same with the election return posted on the wall in the presence of the watchers
and within view of the public. If the board finds each print a faithful reproduction of the election
return, all members thereof shall annotate and sign a certification to that effect on the bottom
front of the print.

Each certified printed copy shall be placed in an envelope and distributed as herein provided.
Designated recipients of the certified print copies may receive their copies at the polling place

of counting center.

Immediately upon the accomplishment of the election returns for local position, the second
copy of the same shall be posted on a wall with sufficient lighting within the premises of the

polling place.

The digital election return shall be printed out and authenticated as prescribed above for the

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‘The other copies of election returns for both national and local positions shall be sealed in the
presence of the watchers and the public, and placed in the proper envelope, which shall likewise
be sealed and distributed as herein provided.

Any election return with a separately printed serial number or which bears a different serial
number from that assigned to the particular polling place concemed shall not be canvassed and
shall be declared as spurious and fake, and shall be a ground for a pre-proclamation
controversy. This is to be determined by the board of canvassers prior to its canvassing on the
basis of the certification of the provincial, city of municipal treasurer as to the serial number of
the election return assigned to said voting precinct, unless the Commission shall order in
writing for its canvassing, stating the reason for the variance in serial number.

If the signatures and/or thumbmarks of the members of the board of election inspectors or some
of them as required in this provision are missing in the election returns, the board of canvassers
may summon the members of the board of election inspectors concerned to complete the
returns.

The citizen’s arm is mandated to present the perusal its copy of the election return to the board
of election canvassers upon the request of any interested candidate.

Any violation of this election or its pertinent portion, shall constitute an election offense and
shall be penalized in accordance with Batas Pambansa Blg. 881

SECTION 11. Number of Copies of Election Returns and their Distribution, ~The board of
election inspectors shall prepare in handwriting the election returns in their respective polling
place, in the number of copies herein provided and in the form to be prescribed and provided

by the Commission

The chairman of the board of election inspectors shall distribute the copies of election returns

as follows:

(a) In the election of president, vice-president, senators and members of the House of

Representatives including the party-list representatives:

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(1) The digital election return shall be electronically transmitted to the secure servers
and the first copy of the manual election return, as digitally captured and printed,
shall be delivered to city or municipal board of canvassers immediately after the
closing of the polls;

(2) The second copy to be posted on a wall within the premises of the polling place;

(3) The third copy, to the congress, directed to the President of the Senate;

(4) The fourth copy, to the Commission;

(5) The fifth copy, to the dominant majority party as determined by the Commission in
accordance with law;

(6) The sixth copy, to the dominant minority party as determined by the Commission
in accordance with law;

(7) The seventh copy, to a citizens’ authorized by the Commission to conduct an
unofficial count: Provided, however, That the accreditation of the citizens’ arm shall
be subject to the provision of Section 52(k) of Batas Pambansa Bldg. 881; and

(8) The eight copy shall be deposited inside the compartment of the ballot box for valid
ballots’; and

(b) In the election of local officials
(1) The digital election return shall be electronically transmitted to the secure servers
and the first copy of the manual election return, as digitally captured and printed,
shall be delivered to city or municipal board of canvassers immediately after the
closing of the polls.

(2) The second copy to be posted on a wall within the premises of the polling place;

(3) The third copy, to the Commission;
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(4) The fourth copy to the provincial board of canvassers;

(5) The fifth copy, to the dominant majority party as determined by the Commission in

accordance with law,

(6) The sixth copy, to the dominant minority party as determined by the Commission

in accordance with law;

(7) The seventh copy, to a citizens’ authorized by the Commission to conduct an
unofficial count: Provided, however, That the accreditation of the citizens’ arm shall
be subject to the provisions of Section 52 (k) of Batas Pambansa Bldg. 881; and

(8) The eighth copy shall be deposited inside the compartment of the ballot box for
valid votes.

The copy of the election return posted on the wall shall be open for public viewing at any time
of the day for forty-eight (48) hours following its posting. Any person may view or capture an
image of the election return by means of any data capturing device such as, but not limited to,
cameras at any time of the day for forty-eight (48) hours following its posting. After the
prescribed period for posting, the chairman of the board of election inspectors shall collect the
posted election returns and keep the same in his custody to be produced for image or data
capturing as may be requested by any voter or any lawful purpose as may be ordered by

competent authority.

Except for those copies that are required to be delivered, copies of election returns may be
claimed at the polling place. Any unclaimed copy shall be brought by the chairman of the board
of election inspectors to the canvassing center where the recipients or their representatives may
claim them. Copies still unclaimed at the canvassing center shall be deemed placed in the
custody of the chairman of the board of election inspectors, who shall produce them when
requested by the recipient or when ordered by a competent authority.

The Thirty (30) certified print copies of the election return for national positions shall be
distributed as follows:


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(a) The first fourteen (14) copies shall be given to the fourteen (14) accredited major
national parties in accordance with a voluntary agreement among them. If no such
agreement is reached, the Commission shall decide which parties shall receive the
copies on the basis of the criteria provided in Section 26 of Republic Act 7166.

(b) The next three copies shall be given to the three accredited major local parties in
accordance with a voluntary agreement among them, If no such agreement is reached,
the Commission shall decide which parties shall receive the copies on the basis of
criteria analogous to that provided in Section 26 of Republic Act 7166

(c) The next five copies shall be given to national broadcast or print media entities as may
be equitably determined by the Commission in view of propagating the copies to the
widest extent possible;

(d) The next two copies hall be given to local broadcast or print media entities as may be
equitably determined by the Commission in view of propagating the copies to the
widest extent possible;

(ce) The next four copies to the major citizens’ arms, including the accredited citizens’ arms
and other non-partisan groups or organizations enlisted by the Commission pursuant to
Section 52 (k) of Batas Pambansa Blg. 881;

(f) The next copy to be placed inside the compartment of the ballot box for valid ballots,

and

(g) The last copy to the provincial board of canvassers.

The certified print copies may be claimed at the polling place. Any unclaimed copy shall be
brought by the chairman of the board of election inspectors to the canvassing center where the
recipients or representatives may claim them. Copies still unclaimed at the canvassing center
shall be placed in the custody of the chairman of the board election inspectors, who shall
produce them when requested by the recipient or when ordered by a competent authority.

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Any provision of law to the contrary notwithstanding, any of the recipients of the print or digital
copies of the election return may conduct an unofficial consolidation of votes and may
announce the result to the public.

The Commission shall post its digital files in its website for the public to view or download at
any time of the day. The Commission shall maintain the files at least three years from the date
of posting.

Any violation of this section, or its pertinent portion, shall constitute an election offense and
shall be penalized in accordance with Batas Pambansa Blg. 881;

SECTION 12. The Use of a Tally Board Not Allowed. — The use of a tally board, commonly
used by Boards of Election Inspectors at the precinct level is no longer allowed and shall be
replaced by the projected real-time input of results in the digital election return, as provided
above.

SECTION 13. Canvassing by Provincial City, District, and Municipal Board of Canvassers.
a) The city or municipal board of canvassers shall canvass the electronically transmitted
election return for President, Vice President, Senator, party-list representatives and Members
of the House of Representatives and for elective provincial and city or municipal 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 Representatives and elective
provincial officials, announce the results of the election for national positions in the city or
municipality and, thereafter, proclaim the elected city or municipal officials, as the case may
be.

b) The city board of canvassers of cities comprising one or more legislative districts shall
canvass the electronically transmitted election returns for President, Vice-President, Senator,
party-list representatives, Members of the House of Representatives and elective city officials:
Provided that the returns for national positions shall be canvassed first. Upon completion of
the canvass, the board shall prepare the certificate of canvass, of President, Vice-President,
Senator and party-list representatives, announce the results of the election for national positions
in the city and, thereafter, proclaim the elected members of the House of Representatives and
city officials.

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°)

(1) In the Metro Manila Area such municipality comprising a legislative district shall
have district board of canvassers which shall canvass the electronically transmitted
election return for President, Vice-Presidents, Senator, party-list_ representatives.
Members for the House of Representatives and elective municipal officials: Provided,
That the return for national positions shall be canvassed first. Upon completion of the
canvass, it shall prepare the certificate of canvass for President, Vice-President,
Senators, and party-list representatives, announce the results of the election for national
position in the municipality, and thereafter, proclaim the elected member of the House
of Representatives and city officials.

(2) Each component municipality in a legislative district in the Metro Manila Area shall
have a municipal board of canvassers which shall canvass the electronically transmitted
election returns for President, Vice-President, Senator, party-list representatives,
Members of the House of Representatives and elective municipal 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 Presidents, Vice-Presidents,
Senators, party-list representatives and Members of the House of the Representatives,
announce the results of the election for national position in the municipality, and

thereafier, proclaim the elected municipal officials

(3) The district board of canvassers of each legislative district comprising two
municipalities in Metro Manila area shall canvass the certificate of canvass for
President, Vice-President, Senator, party-list representatives and members of the House
of Representatives submitted by the municipal board of canvassers of the component
municipalities. Upon completion of the canvass it shall prepare a certificate of canvass
for President, Vice-President, Senator, and party-list representatives, announce the
results of the election for national positions in the district, and thereafter, proclaim the

elected Member of the House of Representatives in the legislative district.

(d) The provincial board of canvassers shall canvass the electronically transmitted certificate

of canvass for President, Vice-President, Senators, party-list representatives, members of the

House of Representatives and elective provincial officials as well as plebiscite results, if any

plebiscite is conducted simultaneously with the same election, as submitted by the board of

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canvassers of municipalities and component cities: Provided, That the certificates of canvass
for national positions shall be canvassed first. Upon completion of the canvass, it shall prepare
the certificate of canvass for President, Vice-President, Senators and party-list representatives,
announce the results of the election for national position in the province, and proclaim the
elected members of the House of Representatives and provincial officials as well as the
plebiscite results, if any.

In conducting the canvass of election returns or certificates of canvass, as the case may be, the
board of canvassers in a municipality, city, district or province shall project each election return
or certificate of canvass on a wall from which its contents shall be read in order that those
present in the canvassing center may follow the progress of the canvassing process from
beginning to end. The Commission may utilize the appropriate projection equipment for this
purpose.

Immediately after the certificate of canvass for national positions is accomplished, the
chairman of the board of canvassers shall announce the posting of the second copy thereof and
its supporting statement of votes on a wall with sufficient lighting within the premises of the
canvassing center. He shall then proceed to do the same in the present in the canvassing center.
Without delay and when feasible, he shall capture images of the certificate of canvass and
supporting statements of votes using a secured data capturing device and thereafter, while in
the premises of the canvassing center, immediately print the data so captured in thirty (30)
copies. The board of canvassers shall then authenticate each printed copy, in the presence of
watchers and within public view, by closely comparing the same with the certificate of canvass
or statement of votes, as the case may be, posted on of the wall. If the board finds each printed
copy a faithful reproduction of the certificate of canvass or statement of votes, all members
thereof shall annotate and sign a certification to that effect on the bottom front of the printed

copy.

Each certified printed copy shall be placed in an envelope and distributed as herein provided.
Designated recipients of the certified printed copies may receive their copies at the canvassing

center.

The chairman of the board shall transmit the digital files with digital encryptions for security
reasons of the certificate of canvass and its supporting statement of votes using a secured

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transmission device with authentication features to the secured tabulation system of the

Commission and to the systems of the other designated recipients as herein provided.

Any provision of law to the contrary notwithstanding, any of the recipients of the print or digital
copies of the certificate of canvass and the supporting statements of votes may conduct an

unofficial consolidation of votes and may announce the result thereof to the public.

Any violation of this section, or its pertinent portion, shall constitute an election offence and

shall be penalized in accordance with Batas Pambansa Blg. 881.

SECTION 14. Number of Copies of Certificate of Canvass and their Distribution. —
a) the certificate of canvass for president, vice-president, senator and member of the house of
Representatives and elective provincial official shall be prepared in seven copies by the city or
municipal board of canvassers and distributed as follows:
(1) The first copy shall be delivered to the provincial board of canvassers for use in the
canvass election results for President, Vice-President, Senator and Member of the

House of Representatives and elective provincial officials:

(2) The second copy shall be sent to the Commission;

(3) The third copy shall be posted on a wall within the premises of the canvassing center,

(4) The fourth copy shall be kept by the chairman of the board: and

(5) The fifth copy shall be given the citizens’ arm designated by the Commission to conduct
a media-based unofficial count, and the sixth and seventh copies shall be given to the
citizen’s arm designated by the Commission to conduct a media-based unofficial count,
and the sixth and seventh copies shall be given to the representatives of two of the six
major political parties in accordance with the voluntary agreement of the parties. If no
such agreement is reached, the commission shall decide which parties shall receive the
copies of the certificate of the canvass on the basis of the criteria provided in Section
26 hereof. The parties receiving the certificate shall have obligation to furnish the other
parties with authentic copies thereof with the at least possible delay.

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b) The certificates of canvass for president, vice president, senators shall be prepared in seven
(7) copies by the city boards of canvassers of cities comprising one or more legislative districts,
by provincial boards of canvassers in the Metro Manila Area, and distributed as follows:

(1) The first copy shall be sent to the Congress directed to the President of the Senate
for use in the canvass of election results for President and Vice-President;

(2) The second copy shall be sent to the Commission for use in the canvass of the
election results for Senators;

(3) The third copy shall be posted on a wall within the premises of the canvassing
center;

(4) The fourth copy shall be kept by the chairman of the board; and

(5) The fifth copy shall be given to the citizens’ arm designated by the Commission to
conduct a media-based unofficial count, and the sixth and seventh copies shall be
given to the representatives of two of the six major political parties. If no such
agreement is reached, the commission shall decide which parties shall receive the
copies of the certificate of canvass on the basis of the criteria provided in Section
26 hereof. The parties receiving the certificates shall have the obligation to furnish
the other parties with authentic copies thereof with the least possible delay.

‘The certificate of canvass posted on the wall shall be open for public viewing at any time of
the day for forty-eight (48) hours following its posting. Any person may view or capture an
image of the certificate of canvass. After the prescribed period for posting, the chairman of the
board of canvassers shall collect the posted certificate of canvass and keep the same in his
custody to be produced for image or data capturing as may be requested by any voter or for
any lawful purpose as may be ordered competent authority.

Except for those copies that are required to be delivered, copies of certificates of canvass may
be claimed at the canvassing center. Any unclaimed copy shall be deemed placed in the custody
of the chairman of the board of canvassers, who shall produce them requested by the recipient
or when ordered by a competent authority.

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The thirty (30) certified print copies of the certificate canvass for national positions shall be
distributed as follows:

(a) The first fourteen (14) copies shall be given to the fourteen (14) accredited major
national parties in accordance with a voluntary agreement among them. If no such
agreement is reached, the commission shall decide which parties shall receive the

copies on the basis of the criteria provided in Section 26 hereof;

(b) The next three copies shall be given to the three accredited major local parties in
accordance with a voluntary agreement among them. If no such agreement is
reached, the Commission shall decide which parties shall receive the copies in the
basis of criteria analogous to the provided in Section 26 hereof;

(c) The next five copies shall be given to national broadcast or print media entities as
may be equitably by the commission in view of propagating the copies to the widest
extent possible;

(d) The next two copies shall be given to local broadcast or print media entitles as may
be equitable determined by the Commission in view propagating the copies to the
widest extent possible;

(e) The next four copies to the major citizen’s arms, including accredited citizen arm,
and other non-partisan groups or organizations enlisted by the commission pursuant
to section 52 (k) of Batas Pambansa Blg. 881; and

(f) The last two copies to be kept by the chairman of the board of canvassers to be
subsequently distributed as the national board of canvassers may direct.

The certified print copies may be claimed at the canvassing center. Any unclaimed copy shall
be deemed place in the custody of the chairman of the board of canvassers, who shall produce
them when requested by the recipient or when ordered by a competent authority.

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The commission shall post its digital files in its website for the public to view or download at
any time of the day. The commission shall maintain the files for at least three years from the
date of posting.

Any violation of this section, or its pertinent portion, shall constitute an election offense and
shall be penalized in accordance with Batas Pambansa Blg. 881

SECTION 15. Congress as the National Board of Canvassers for the Election of President
and Vice President: The Commission en banc as the National Board of Canvassers for the
election of senators: Determination of Authenticity and Due Execution of Certificates of
Canvass. — Congress and the Commission en banc shall determine the authenticity and due
execution of the electronically transmitted certificates for President and Vice-President and
Senators, respectively, as accomplished and transmitted to it by the local boards of canvassers,
on a showing that: (1) each certificate of canvass was executed, signed and thumb marked by
the chairman and member of the board of canvassers and transmitted or caused to be
transmitted to Congress by them; (2) each certificate of canvass contains the names of all of
the candidates for President and Vice-President or Senator, as the case may be, and their
corresponding votes in words and their corresponding votes in words and in figures; (3) there
exist no discrepancy in other authentic copies of the document such as statement of votes of
any of its supporting documents such as statement of votes of any of its supporting documents
such as statement of votes by city or municipality or by precinct or discrepancy in the votes of
any candidate in words and figures in the certificate; and (4) there exist no discrepancy in the
votes of any candidate in words and figures in the certificates of canvass against the aggregate
number of votes appearing in the election returns of precincts covered by the certificate of
canvass: Provided. That certified print copies of election returns or certificates of canvass may
be used for the purpose of verifying the existence of the discrepancy.

When the certificate of canvass, duly certified by the board of canvassers of each province, city
of district, appears to be incomplete, the Senate President or the chairman of the Commission,
as the case may be, shall require the board of canvassers concerned to transmit by personal
delivery, the election returns from polling places that were not included in the certificate of
canvass and supporting statements. Said election returns shall be submitted by personal
delivery within two (2) days from receipt of notice.

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When it appears that any certificate of canvass or supporting statement of votes of each
province, city of district, appears to be incomplete, the Senate President or the chairman of the
‘Commission, as the case may be, shall require the board of canvassers concerned to transmit
by personal delivery, the election returns from polling places that were not included in the
certificate of canvass and supporting statements. Said election returns shall be submitted by

personal delivery within two (2) days from receipt of notice.

When it appears that any certificate of canvass including other duly certified printed copies
thereof or supporting statement of votes by city or municipality or by precinct bears ensures or
alteration which may cast doubt as to the veracity of the number of votes stated herein and may
affect the result of the election, upon requested of the presidential, vice-presidential or
senatorial candidate concerned or his party, Congress or the Commission en banc, as the case
may be shall, for the sole purpose of verifying the actual votes as they appear in the copies if

the election returns submitted to it.

Any person who present in evidence a simulated copy of an election return, certificate of
canvass or statement of votes, or a printed copy of an election return, certificate of canvass or
statement of votes bearing a simulated certification or a simulated image, shall be guilty of an
election offense shall be penalized in accordance with Batas Pambansa Blg. 881.

SECTION 16. Communication Channels for Electric Transmissions. — Electronic
transmission which is defined under R.A. 9369 as conveying data in electronic form from one
location to another shall be guided by the following: all electronic transmissions of the election
returns, certificates of canvass and other related documents shall utilize secure transmission
channels as recommended by the Department of Science and Technology and the National

Telecommunications Commission to ensure authentication and integrity of transmission.
The Commission is hereby authorized to procure the necessary equipment, facilities and

services for putting up the electronic transmission system in order to effectively implement the

provisions of this act.

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Electronic transmission of the election returns and such other related documents from the

precinct level shall be forwarded to the COMELEC office and to the national broadcast or print
media entities as may be equitably be determined by the COMELEC.

SECTION 17. Pre-proclamation controversy. — In case of any discrepancy, incompleteness,

erasure or alteration as mentioned above, the procedure on pre-proclamation controversies shall
be adopted and applied as provided in Sections 17, 18, 19 and 20 of Republic Act No. 7166.

SECTION 18. Election Offenses under this Act. — In addition to the violations of the pertinent

provisions of this Act, the following shall also constitute election offenses

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‘Any person who removes the election return that is posted on the wall, whether
within or after the prescribed forty-eight (48) hours of posting, or defaces the same

in any manner,

Any person who simulates an actual election return, or a print or digital copy

thereof,

Any person who simulates the certification in a print of an election return;

‘The chairman or any member of the board of election inspectors who, during the
prescribe period of posting, removes the election return from the wall on which It
had been posted other than for the purpose of immediately transferring it to a more
suitable place;

The chairman or any member of the board of election inspectors who signs or

authenticates a print of the election return outside of the polling place; and
The chairman or any member of the board of election inspectors who signs or

authenticates a print which bears an image different from the election return

produced after counting and posted on the wall.

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(g) Any person who remove the certificate of canvass posted on the wall, whether
within or after the prescribed forty-eight (48) hours of posting, or defaces the same

in any manner;

(h) Any person who simulates an actual certificates of canvass or statement of votes, or
a print or digital copy thereof,

(i) Any person who simulates the certification of a certificate of canvass or statement
of votes;

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The chairman or any member of the board of canvassers who, during the prescribed
period of posting, remove the certificate of canvass or its supporting statement of
votes from the wall on which they have been posted other than for the purpose of
immediately transferring them to a more suitable place;

(k) The chairman of any member of the board of canvassers who sign or authenticates
a print of the certificate of canvass or its supporting statement of votes outside of
the polling place: and

(1) The chairman or any member of the board of canvassers who sign or authenticate a
print that bears an image different from the certificate of canvass or statement of
votes produced after counting and posted on the wall

SECTION 19. Implementing Rules and Regulations and Bidding. — \mmediately upon the
approval of this Act, the Commission shall formulate such rules and regulations that will
effectively implement this Act for purposes of the 2019 national, local and ARMM elections
and all subsequent elections thereafter. In addition, the Commission shall prescribe the
technical specifications for the electronic devices and computer programs to be used for
implementing of this Act, with an aim to ensure fair, honest, and orderly elections and prompt
determination of the true results thereof.

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SECTION 20. Appropriations. — Congress shall provide the necessary appropriation in a
supplemental budget or general appropriations act, as the case may be, without delay and for
purposes of the 2019 national, local and ARMM elections

SECTION 21. Repealing Clause. — All laws, decrees, executive orders, resolutions, revenue
regulations, ordinances or circulars inconsistent with the provisions of this Act are hereby

repealed or modified accordingly or declared null and void and inoperative.

Approved.

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