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

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _2784

INTRODUCED BY HON. JUMEL ANTHONY I. ESPINO

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

EXPLANATORY NOTE

This bill aims to address the issues of a fully automated election system. In having a
manual voting and counting, the public will have an unimpeded view of the real time input
of votes. Also, the total number of valid ballots used as well as the results will reflect both
in a manual and digital election returns. In case of a discrepancy between the manual and
digital election returns, the former shall prevail. In addition, the digital election return will
be projected while the entries are being recorded in real time for the benefit of the viewing
public. In this way, the voters will be able to ascertain the accuracy between the actual
casted votes and those being transmitted electronically.

This mode will strengthen the integrity of the elections and forego with the issues
like early and inaccurate transmission of votes. With this hybrid system of manual voting
and counting at the precinct level and automated transmission and canvassing, all


subsequent elections will surely be accurate and transparent. Hence, the passage of this bill
is earnestly sought



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

EIGHTEENTH CONGRESS
First Regular Session

1784
HOUSE BILL NO.

INTRODUCED BY HON. JUMEL ANTHONY I. ESPINO

AN ACT
PROVIDING FOR THE CONDUCT OF HYBRID NATIONAL,
LOCAL AND BANGSAMORO AUTONOMOUS REGION ELECTIONS,
THROUGH MANUAL VOTING AND COUNTING AT THE PRECINCT
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 of 2019".

SECTION 2.Coverage.— The coverage of the provisions of this Act shall be applicable to
the conduct of the election on all national andlocal elections.

SECTION 3.Filing of Certificates of Candidacy.—The certificate of candidacy of any person
running for the office of President, Vice-President, Senator, Member of the House of
Representatives, Party-list Representativeor 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 period, to
wit:

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 shall be
filed with the provincial election supervisor of the province concerned. Those for
legislative districts in the National Capital Region shall be filed with the regional election
director of saidregion and those for legislative districts in cities outside the National
Capital Region which comprise one or more legislative districts shallbe filed with the city
election registrar concerned;

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

(d) The certificate of candidacy for city or municipal offices shall be filedwith 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 duly authorized
representative. No certificate of candidacy shall be filed oraccepted 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 ordinarypaper. 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 election is to be held, the date of the
election, 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 maybe, which shall have


corresponding and exclusive ballot identificationnumbers separate from the serial number
of the individual 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 casemay be,
shall be available for viewing by interested parties on theCommission'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 featuresand actual bar
codes for authentication.

(d) 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 or spaces with
horizontal lines where the voter may writethe name or names of the individual candidates
being voted upon, asprovided in the list of candidates and the corresponding elective
positions, as pasted inside the inner flap of the ballot secrecy folder;Provided, that: any
defacement, vandalism, marking or writing on saidlist inside the ballot secrecy folder,
which shall in anyway suggest to the voter the candidate or candidates to be voted upon, or
shall deprive said voter of his right to vote the candidates that he/she chooses to vote,
shallconstitute an election offense, as provided in this Act.

(c) There shall not be anything printed or written on the back of the ballot except as
provided in Section 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 Arabicin 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
facilitate voting by illiterate and speciallyabled voters only. The Commission should use or
adopt the latest technological and electronic devices in connection therewith, as to enable
such illiterate or specially 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 5. 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 avalid accreditation pursuant to any law, rules or
regulation.

A violation of this Section shall constitute a prima facie evidence of electoralsabotage 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 scan the ballot under an official bar code scanner to authenticate the same.
Thereafter, theChairman and the watchers for the dominant majority party and
dominantminority party shall affix their signatures at the back thereof. Failure
toauthenticate shall constitute an election offense punishable under Section263 and 264 of
the Omnibus Election Code and shall be noted in theminutes 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
theclosing of the polls.

SECTION 7. Manner of Counting Votes. — In addition to the requirement inthe fourth
paragraph of Section 12 of the Republic Act No. 6646 and Section210 of the Omnibus
Election Code, in reading the official ballots during the counting, the chairman, the poll
clerk and the third member shall positionthemselyes in a manner that will provide the
watchers and the public, anunimpeded view of the ballot being read by the chairman, the
election return, and the tally board being simultaneously accomplished by the pollélerk
and the third member respectively, without touching any of theseelection documents. The
table shall be cleared of all unnecessary writing paraphernalia. Any violation of this
requirement shall constitute an electionoffense punishable under Section 263 and 264 the
Omnibus Election Code.

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 requiredsignatures shall be rejected.

a. The Chairman shall first read the votes for national positions and party list
choices, and the necessary election retums 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 theauthorized watchers, as
provided under Section 8 hereof.

b. Afier 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 retum shall be filledout 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 BatasPambansa 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 paraphernaliashall 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, mayauthorize the
board of election inspectors to count the votes and toaccomplish the election return and
other forms prescribed under the code inany other place within a public building in the
same municipality or city on account of imminent danger of widespread violence or similar
causes ofcomparable magnitude: Provided, That the transfer shall been recommendedin
writing by the board of election inspectors by unanimous vote andendorsed in writing by
the majority of watchers present: Provided, further, that the said public building shall not
be located within the perimeter of orinside a military or police camp, reservation,
headquarters, detachment or field office nor within the premises of a prison or detention
bureau or anylaw 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 BatasPambansa Blg. 881

SECTION 9. Election Returns. — The Board of Election Inspectors shallprepare the
election returns simultaneously with the counting of votes in thepolling places as prescribe
in Section 210 of Batas Pambansa Blg. 881. Therecording of vote shall be made as
prescribed in the said section. The entryof votes in words and figures for each candidate
shall be closed with thesignature and the clear imprint of the thumbmark of the right hand
of allthe members, likewise to be affixed in full view of the public, immediately after the
last vote recorded or immediately afier the name of the candidatewho did not receive any
vote.

The returns shall also show the date of the election, the polling place, thebarangay 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 ofvalid ballots withdrawn from the
compartment for spoiled ballots which wereerroneously placed therein, the total number of
excess ballots, the total number of marked or void bailots, and the total numbers of votes
obtainedby each candidate. These pieces of information that shall be written inwords and
in figures and, at the end thereof, the board of election inspectorsshall certify that the
contents are correct. The returns for national positionsand party list shall be accomplished
in a single sheet of paper, in suchcases, 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 theelection 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.


SECTION 10.Digital Election Returns.— Simultaneous to the counting ofthe votes and
the filling out of the election returns, there shall be an independent technician who shall
enter the votes, as they are counted, intoa digital spread sheet, which shall serve as the
Digital Election Return, in alaptop provided for the purpose, which spread sheet shall also
be projected on a 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 andprograms to ensure
that the technician, or any person, cannot makealterations in any of the entries therein, or
the results of the counting,except in case of discrepancy with the manual election return as
providedbelow. 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 polling 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 board 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 board and the poll watchers shall affix their signatures and
thumb prints in the spaces provided and the sameshall 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 retum 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 as reflected in the manual election return. The erroneous digital
return shall be tom by half lengthwise and placed insidethe compartment for spoiled
ballots inside the ballot box.

hereafter, the technician shall print another copy of the digital electionreturn and shall
allow the board and the poll watchers to scrutinize andauthenticate 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
beplaced 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 mayreceive their copies at the
polling place or 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 asprescribed above for the
national positions.

The other copies of election returns for both national and local position shallbe 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 concerned 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 or 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 forthe variance in
serial numbers.

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 membersof the board of election inspectors concerned to
complete the returns.

The citizen's arm is mandated to present for perusal its copy of the election return to the
board of election canvassers upon the request of any interestedcandidate.

Any violation of this election or its pertinentportion, 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 theirDistribution.—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 theCommission

The Chairman of the Board of Election Inspectors shall distribute the copiesof election
returns as follows:


(a) In the election of President, Vice-President, Senators and Members of theHouse of
Representatives including the Party-list Representatives:
(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 municipalBoard 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 theSenate;
(4) The fourth copy, to the Commission;

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

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

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

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

(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 municipalboard of canvassers immediately
after the closing of the polls;

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

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

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

(6) The sixth copy, to the dominant minority party as determined by
theCommission 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 Blg. 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-cight (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 orany 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 thecanvassing center where the recipients or their
representatives may claim them. Copies still unclaimed at the canvassing center shal] 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 nationalpositions shall be
distributed as follows:

(a) The first fourteen (14) copies shall be given to the fourteen (14) accreditedmajor

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 providedin Section 26 of Republic Act 7166.

The next three copies shall be given to the three accredited major localparties 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 providedin 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 ofpropagating the copies
to the widest extent possible;

(a) The next two copies shall be given to local broadcast or print mediaentities as may

‘be equitably determined by the Commission in view ofpropagating the copies to the

widest extent possible, _ —

The next four copies to the major citizens’ arms, including the accreditedcitizens'

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 forvalid
ballots; and

The last copy to the provincial board of canvassers

(b)

(e

(3

an


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.

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 unofficialconsolidation 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 PambansaBlg, 881;

SECTION 12. The Use of a Tally Board Not Allowed. - The use of a tallyboard,
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 ofresults in the digital election
return, as provided above.

SECTION 13.Canvassing by Provincial City, District, and MunicipalBoard 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 theelected members of the House of Representatives and city
officials.

¢. (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 retum 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

a2


completion of the canvass, it shall prepare the certificate of canvass for President, Vice-
Presidents, Senators, and Party-list Representatives, announce the results ofthe election
for national position in the municipality, and thereafter, proclaim the elected member
of the House of the Representatives and cityofficials.

(2) Each component municipality in a legislative district in the Metro ManilaArea
shall have a municipal board of canvassers which shall canvass theelectronically
transmitted election returns for President, Vice-President,Senator, Party-list
Representatives, Members of the House of Representativesand elective municipal
officials: Provided, That the returns for nationalpositions 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
themunicipality, and thereafter, 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 thecanvass, 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 electronicallytransmitted
certificate of canvass for President, Vice-President, Senators,Party-list Representatives,’
Members of the House of Representatives andelective provincial officials as well as
plebiscite results, if any plebiscite isconducted simultaneously with the same election, as
submitted by the board of canvassers of municipalities and component cities: Provided,
That the certificates of canvass for national position 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 andprovincial 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 orprovince 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
projectionequipment for this purpose.

Immediately after the certificate of canvass for national positions isaccomplished, the
chairman of the board of canvassers shall announce theposting 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 precinct in
the canvassing center. Without delay and: when feasible, he shall capture images of
thecertificate of canvass and supporting statements of votes using a secureddata capturing
device and thereafter, while in the premises of the canvassing center, immediately print

13


the data 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 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 bottomfront 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 mayreceive 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 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 andmay 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 theirDistribution—
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 ofcanvassers 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:

Q) The second copy shall be sent to the Commission;

(3) The third copy shall be posted on a wall within the premises of thecanvassing
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 theCommission to
conduct a media-based unofficial count, and the sixth andseventh copies shall be given to
the representatives of two of the six majorpolitical 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
thecriteria provided in Section 26 hereof. The parties receiving the certificate shall have

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obligation to furnish the other parties with authentic copiesthereof with the at least possible
delay.

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 ofcanvassers in the Metro Manila Area, and
distributed as follows:

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

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

(3) The third copy shall be posted on a wall within the premises of thecanvassing 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 andseventh copies shall be given
to the representatives of two of the six majorpolitical 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
withauthentic 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 ofcertificates 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 recipientor when ordered by a competent authority.

‘The thirty (30) certified print copies of the certificate canvass for nationalpositions
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 inSection 26 hereof,

(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 ofpropagating the copies to
the widest extent possible;

(d) The next two copies shall be given to local broadcast or print media entities as may
be equitably 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 thecommission pursuant to
section 52(K) of Batas Pambansa Blg. 881; and

(f) The last two copies to be kept in file by the chairman of the board of canvassers to
be subsequently distributed as the national board ofeanvassers 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 therecipient or when ordered by a
competent authority.

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 filesfor 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 theauthenticity and due execution of the electronically transmitted certificatesfor
President and Vice-President and Senators, respectively, asaccomplished 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 andtransmitted or caused to be transmitted to
Congress by them;

(2) eachcertificate of canvass contains the names of all of the candidates for President and

Vice-President or Senator, as the case may be, and theircorresponding votes in words
and infigures;

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(3) there exist no discrepancy in other authentic copies of thedocument such as statement
of votes of any of its supporting documentsuch as statement of votes by city or
municipality or by precinct ordiscrepancy in the votes of any candidate in words and
figures in thecertificate; and

(4) there exist no discrepancy in the votes of any candidate in words and figures in the
certificates of canvass against the aggregatenumber of votes appearing in the elecon
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
verifyingthe existence of the discrepancy.

When the certificate of canvass, duly certified by the board of canvassers of each province,
city or district, appears to be incomplete, the SenatePresident 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 form 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 or supporting statement of votes of each
province, city or 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 erasures 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 bane, as the case may be shall, for the sole purpose of verifying the actual
votes as they appear in the copies if the electionreturns 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 and shalibe penalized in accordance with Batas Pambansa Blg. 881

SECTION 16.Communication Channels for Electronic 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 authenticationand integrity of
transmission.

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The Commission is hereby authorized to procure the necessary equipment, facilities and
services for putting up the electronic transmission system inorder to effectively implement
the provisions of this act.

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 bedetermined by the COMELEC.

SECTION 17. Pre-proclamation controversy... In case of a discrepancy,
incompleteness, erasure or alteration as mentioned above, the procedure on pre-
proclamation controversies shall be adopted and applied as provided inSections 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 alsoconstitute election offenses:

(a) Any person who removes the election return that is posted on the wall, whether within
or afier the prescribed forty-eight (48) hours of posting, ordefaces the same in any
manner;

(b) Any person who simulates an actual election return, or a print or digitalcopy thereof:
(c) Any person who simulates the certification in a print of an election return;

(d) The chairman or any member of the board of election inspectors who, during the
prescribe period of posting, removes the election retum from. the wall on which it had
been posted other than for the purpose ofimmediately 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

(f) The chairman or any member of the board of election inspectors who signs or
authenticates a print which bears an image different from theelection return produced
after counting and posted on the wall.

__(g) Any person who remove the certificate of canvass posted on the wall, whether within
or afier 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 statementof votes, or a
print or digital copy thereof;

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

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(j) The chairman or any member of the board of canvassers who, during theprescribed
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 amore 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 supportingstatement of votes outside of the polling
place: and

(1) The chairman or any member of the board of canvassers who sign orauthenticate 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.-Immediately upon
the approval of this Act, the Commission shall formulate such rules and regulations that
will effectively implement this Act for purposes of the national, local and Bangsamoro
Autonomous Region elections. 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 resultsthereof.

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 future national, local and Bangsamoro Autonomous Region 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 ordeclared null and void and inoperative.

Approved,