THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
'04 
IYUV 12 p j :.id 
First Regular Session 
) 
Introduced by Senator Richard J. Gordon 
EXPLANATORY NOTE 
The veracity and efficiency of the electoral process is crucial to upholding the 
essence of democracy, because the authenticity of the results of elections in terms of 
reflecting the true sentiments of the people regarding their choice of leadership relies on the 
soundness of the system by which elections are held. 
Republic Act No. 8436 authorized the Commission on Elections (COMELEC) to use 
an automated election system to ensure free, orderly, honest, peaceful and credible 
elections that protect the secrecy and sanctity of the ballot and reflect the genuine will of the 
people. To this day however, this law has not been fully implemented. The Supreme Court 
in the case of Information Technology Foundation of the Philippines, et al. vs. COMELEC, et 
al., G.R. No. 159139, 13 January 2004, scrapped the billion-peso automated election 
contract awarded to Mega Pacific Consortium due to anomalous bidding. 
The enactment of Republic Act No. 9'184 or the Government Procurement Reform 
Act also established a system to ensure transparency, competitiveness, streamlining, 
accountability and public monitoring of the procurement process of the national government, 
its departments, bureaus, offices and agencies. 
As such, this bill seeks to formulate a legal framework that will allow the COMELEC 
to proceed with the modernization of the electoral process through an automated election 
system. It shall also incorporate provisions to address the problems in the case of ITFP, et 
al. vs. COMELEC, supra, and satisfy the requirements of the Government Procurement 
Reform Act with regard to the acquisition of the equipment that will be used for the 
elections. The proposed amendments shall ensure that the acquisition process for electoral 
equipment as well as the conduct of elections and the transmission of results, shall work 
effectively, to ensure credible elections that inspire the confidence of the people, as befits a 
true democracy. 


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THIRTEENTH CONGRESS OF THE REPUBLIC ) 
’04 
NOV 12 p ‘1 :LA 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
.~ 
.., 
,, .I 
SENATE 
iiy;EWEQ BY :&,-- 
S. No. 
Introduced by Senator Richard J. Gordon 
AN ACT AMENDING REPUBLIC ACT NO. 8436, ENTITLED “AN ACT AUTHORIZING 
THE COMMISSION ON ELECTIONS TO USE AN AUTOMATED ELECTION SYSTEM IN 
THE MAY 11,1998 NATIONAL OR LOCAL ELECTIONS AND IN SUBSEQUENT 
NATIONAL AND LOCAL ELECTORAL EXERCISES, PROVIDING FUNDS THEREFOR 
AND FOR OTHER PURPOSES” 
Be it enacted by fhe Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Section 2 of Republic Act No. 8436 is hereby amended to read as 
follows: 
“SEC. 2. Definition of Terms. -As used in this Act, the following terms 
shall mean: 
x x x  
2. 
Counting machine - ANY machine OR TECHNOLOGY that 
AUTOMATES THE DIFFERENT PHASES OF THE ELECTORAL PROCESS 
AND 
CAN 
HANDLE 
THE 
CASTING, 
COUNTING, 
CANVASSlNGlCONSOLlDATlON AND TRANSMISSION OF VOTES, 
WHERE POSSIBLE [uses an optical scanning mark-sense reading device of 
any similar advanced technology to count ballots]; 
3. Data storage device - a device OR MEDIUM used to electronically 
store counting and canvassing results, such as, BUT NOT LIMITED TO, 
memory pack, [or] diskette, CD-ROMs, OPTICAL DISKS, OR ANY SIMILAR 
DEVICE; 
xxx 
5. National ballot - refers to the ballot [to be used in the automated 
election system for the purpose of the May 11, 1998 elections. This shall] 
containlNG the names of the candidates VOTED ON for THE POSITIONS OF 


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president, vice-president, senators and parties, organizations or coalitions 
participating under the party-list system INDICATING THE CHOICES OF 
THE VOTER TO BE USED EITHER FOR PURPOSES OF COUNTING OR 
AS PROOF OF VOTES ALREADY CAST; [This ballot shall be counted by the 
counting machine] 
6. Local ballot - refers to the ballot [on which the voter will manually 
write] CONTAINING the names of the candidates [of hislher choice] VOTED 
ON FOR THE POSITIONS OF [for] members of the House of 
Representatives, governor, vice-governor, members of the provincial board, 
mayor, vice-mayor, and members of the city/municipal council INDICATING 
THE CHOICES OF THE VOTER TO BE USED EITHER FOR PURPOSES 
OF COUNTING OR AS PROOF OF VOTES ALREADY CASE; [For the 
purpose of the May 11, 1998 elections, this ballot will be counted manually] 
WHENEVER FEASIBLE, THE VOTES REFLECTED IN THESE BALLOTS 
MAY ALSO BE COUNTED USING THE MACHINES; 
7. Board of Election Inspectors - there shall be a Board of Election 
Inspectors in every precinct composed of three (3) regular members who 
shall conduct the voting, counting and recording of votes in the polling place. 
[For the purpose of the May 11, 1998 elections,] T[t]here shall be 
special members composed of a fourth member in each precinct and a 
COMELEC representative who is authorized to operate the counting machine. 
Both shall conduct the counting and recording of votes of the national ballots 
in the designated counting centers” 
Sec. 2. Section 5 of Republic Act No. 8436 is hereby amended to read as follows: 
“SEC. 5. Board of Canvassers. - [For purposes of the May 11, 1998 
elections,] E[e]ach province, city or municipality shall have two (2) board of 
canvassers, one for the [manual election system under the existing law] 
NATIONAL BALLOT, and the other, for the [automated system] LOCAL 
BALLOT. For the [automated election system] NATIONAL BALLOT, the 
chairman of the board shall be appointed by the Commission from among its 
personnelldeputies and the members from the officials enumerated in Section 
21 of Republic Act No. 6646.” 
Sec. 3. Section 6 of Republic Act No. 8436 is hereby amended to read as follows: 


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“SEC. 6. 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, herein referred to as the System, for the process of voting, counting 
of votes and canvassinglconsolidation AND TRANSMISSION of results of the 
national and local elections, WHERE FEASIBLEI: Provided, however, That for 
the May 11, 1998 elections, the System shall be applicable in all areas within 
the country only for the positions of president, vice-president, senators and 
parties, organizations or coalitions participating under the party-list system.] 
To achieve the purpose of this Act, the Commission is authorized to 
procure by purchase, lease or otherwise any supplies, equipment, materials 
and services needed for the holding of the elections by an expedited process 
of public bidding of vendors, suppliers or lessors: Provided, That the 
accredited political parties are duly notified of and allowed to observe but not 
to participate in the bidding. If, inspite of [its] diligent efforts to implement this 
mandate in the exercise of this authority, it becomes evident [by February 9, 
19981 that the Commission cannot fully implement the automated election 
system [for national positions in the May 11, 1998 electionsJ THE 
COMMISSION IS HEREBY AUTHORIZED TO DETERMINE WHERE TO 
IMPLEMENT THE SYSTEM THROUGH MODULAR APPROACH ON A 
PHASE BY PHASE BASIS, INCLUDING THE OPTION OF IMPLEMENTING 
IT ON A MANUAL BASIS [the elections for both national and local positions 
shall be done manually except in the Autonomous Region in Muslim 
Mindanao (ARMM) where the automated election system shall be used for all 
positions.]” 
Sec. 4. Section 7 of Republic Act No. 8436 is hereby amended to read as follows: 
“SEC. 7. Features of the System. - The System shall utilize 
appropriate technology for voting, and electronic devices for counting of votes 
and canvassing of results. For this purpose, the Commission shall acquire 
BY PURCHASE, LEASE OR OTHERWISE automated counting machines, 
computer equipment, devices and materials and adopt new forms and printing 
materials WHENEVER NECESSARY. 


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The System shall contain PROVISIONS FOR SECURE ELECTRONIC 
TRANSMISSION OF ENCRYPTED ELECTION RESULTS, PROCESS AND 
DATA AUDIT TRAILS, AND SHALL BE ABLE TO DETECT FAKE, 
COUNTERFEIT AND PREVIOUSLY COUNTED BALLOTS [the following 
features: (a) use of appropriate ballots, (b) stand-alone machine which can 
count votes and an automated system which can consolidate the results 
immediately, (c) with provisions for audit trails, (d) minimum human 
intervention, and (e) adequate safeguardlsecurity measures]. 
In addition, the System shall as far as practicable have the following 
features: 
1. It must be user-friendly and need not require computer-literate 
operators; 
2. The machine security must be built-in and mufti-layer existent on 
hardware and software with minimum human intervention using latest 
technology like encrypted coding system; 
sealed against human intervention; 
3. The security key control must be embedded inside the machine 
[4. The Optical Mark Reader (OMR) must have a built-in printer for 
numbering the counted ballots and also for printing the individual precinct 
number on the counted ballots; 
5. The ballot paper for the OMR counting machine must be of the 
quality that passed the international standard like ISO-1831, JIS-X- 9004 or 
its equivalent for optical character recognition: 
6. The ballot feeder must be automatic; 
7. The machine must be able to count from 100 to 150 ballots per 
minute; 
8. The counting machine must be able to detect fake or counterfeit 
ballots and must have a fake ballot rejector; 
9. The counting machine must be able to detect and reject previously 
counted ballots to prevent duplication; 
10. The counting machine must have the capability to recognize the 
ballot's individual precinct and city or municipality before counting or 
consolidating the votes:] 


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[ I  I ]  4. The System must have a printer that has the capacity to print in 
one stroke or operation seven (7) copies (original plus six (6) copies) of the 
consolidated reports on carbonless paper; 
[I21 5. The printer must have at least 128 kilobytes of Random Access 
Memory (RAM) to facilitate the expeditious processing of the printing of the 
consolidated reports; 
[I31 6. The machine must have a built-in floppy disk drive in order to 
save the processed data on a diskette; 
[I41 7. The machine must also have a built-in hard disk to store the 
counted and consolidated data for future printout and verification; 
[I51 8. The machine must be temperature-resistant and rust-proof; 
[16. The optical lens of the OMR must have a self-cleaning device;] 
[I71 9. The machine must EMPLOY TECHNOLOGIES THAT WILL 
EFFECT A UNIVERSALLY VERIFIABLE AND PROVABLE VALIDITY OF 
ELECTIONS, BUT NOT LIMITED TO GENERATION OF DATA AND 
PROCESS AUDIT TRAILS [not be capable of being connected to external 
computer peripherals for the process of vote consolidation;] 
[I81 10. The machine must have an Uninterrupted Power Supply 
[I91 11. The machine must be accompanied with operating manuals 
that will guide the personnel of the Commission the proper use and 
maintenance of the machine; 
(UPS); 
[20] 12. 
It must be so designed and built that add-ons may 
immediately be incorporated into the System at minimum expense; 
counting of votes and canvassing of the results of the election; 
[21] 13. It must provide the shortest time needed to complete the 
[22] 14. The machine must be able to generate consolidated reports 
like the election return, statement of votes and certificate of canvass at 
different levels; and 
[23] 15. The accuracy of the count must be guaranteed, the margin of 
error must be disclosed and backed by warranty under such terms and 
conditions as may be determined by the Commission,] 


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In the procurement of this system, the Commission shall [adopt an 
equitable system of deductions or demerits for deviations or deficiencies] in 
meeting all the above stated features and standards, ENSURE THAT THE 
PROVISIONS OF REPUBLIC ACT NO 9184 ARE FAITHFULLY COMPLIED 
WITH. 
For this purpose, the Commission shall create an Advisory Council to 
be composed of technical experts from the Department of Science and 
Technology (DOST), the Information Technology Foundation of the 
Philippines (ITFP), the University of the Philippines (UP), and two (2) 
representatives from the private sector recommended by the Philippine 
Computer Society (PCS). [The Council may avail itself of the expertise and 
services of resource persons of known competence and probity.] 
MEMBERSHIP IN THE COUNCIL SHALL BE VETTED BY THE 
COMELEC FROM A SHORT-LIST OF THREE (3) NOMINEES, SUBMITTED 
BY EACH OF THE GROUPS TO BE REPRESENTED IN THE COUNCIL. 
THE COUNCIL MAY AVAIL ITSELF OF THE EXPERTISE AND SERVICES 
OF RESOURCE PERSONS OF KNOWN COMPETENCE AND PROBITY. 
x x x  
Sec. 5. Section 8 of Republic Act No. 8436 is hereby amended to read as follows: 
5°C. 8. Procurement of Equipment and Materials. - The Commission 
shall procure, IN ACCORDANCE WITH REPUBLIC ACT NO. 9184, the 
automated counting machines, computer equipment, devices and materials 
needed for ballot printing and devices for voting, counting and canvassing 
from local or foreign sources free from taxes and import duties, subject to 
accounting and auditing rules and regulations. 
SUBJECT TO THE PROVISIONS OF REPUBLIC ACT NO. 9184, THE 
BIDS AND AWARDS COMMITTEE FOR THE PROCUREMENT OF GOODS 
FOR THE MODERNIZATION OF THE ELECTORAL SYSTEM SHALL 
INCLUDE AS NON-VOTING MEMBERS ONE (1) REPRESENTATIVE EACH 
FROM THE INFORMATION TECHNOLOGY FOUNDATION OF THE 
PHILIPPINES 
(ITFP), 
THE 
DEPARTMENT 
OF 
SCIENCE 
AND 
TECHNOLOGY (DOST) AND THE DEPARTMENT OF FINANCE (DOF), 


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AND TWO (2) REPRESENTATIVES FROM THE PRIVATE SECTOR, 
NOMINATED BY THE ITFP AND VETTED BY THE COMMISSION." 
Sec. 6. Section 11 of Republic Act No. 8436 is hereby amended to read as follows: 
"SEC. 11, Official Ballot. - The Commission shall prescribe the size 
and form of the official ballot which shall contain the [titles of the positions to 
be filled] NAMES AND POSITIONS OF THE CANDIDATES TO BE VOTED 
UPON, andlor the propositions to be voted upon in an initiative, referendum 
or plebiscite. [Under each position,] T[t]he names of candidates TO BE 
VOTED UPON shall be arranged [alphabetically by surname and] 
ACCORDING TO POSITION, FROM PRESIDENT, VICE-PRESIDENT, 
SENATORS AND PARTY-LIST FOR NATIONA ELECTIONS TO MEMBERS 
OF 
THE 
HOUSE OF 
REPRESENTATIVES, GOVERNON, VICE- 
GOVERNOR, PROVINCIAL COUNCIL FOR LOCAL ELECTIONS uniformly 
printed using the same type size. A fixed space where the chairman of the 
Board of Election Inspectors shall affix hislher signature to authenticate the 
official ballot shall be provided. 
Sec. 7. Repealing Clause. - All laws, decrees, orders, rules and regulations or other 
issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed or 
modified accordingly. 
Sec. 8. Separability Clause. - If any portion or provision of this Act is declared 
unconstitutional, the remainder of this Act or any provisions not affected thereby shall 
remain in force and effect. 
x x x  
Sec. 9. fffecfivify. - This Act shall take effect after fifteen (15) days following the 
completion of its publication either in the Official Gazette or in a newspaper of general 
circulation in fhe Philippines. 
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Approved,