HOUSE ‘F REPRESENTATIVES:

RECEIVED
Republic of the Philippines DATE 99
HOUSE OF REPRESENTATIVES Peree-naeae

TIME:

Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

House BillNo, S13 _

INTRODUCED BY: HON. GWENDOLYN F. GARCIA

EXPLANATORY NOTE

This bill seeks to establish the law to govern the conduct of the
synchronized national, local and ARMM elections of May 2019 and
succeeding elections every three (3) years thereafter.

For a number of years, there has been expressed, in a number of
measures, a legislative policy to automate, to some degree, elections in this
country. It is a policy born out of a desire to cleanse the process of some of
the decades-old problems that plague it: padded voter's registries,
disenfranchisement of voters, the general slow and tedious process of
manual counting, canvassing and certification of results, the attendant fraud,
and the creeping lack of faith in the entire electoral system.

In 1997, Republic Act No. 8436 was enacted into law authorizing the
COMELEC to use an automated election system. Then Republic Act 9369 was
passed in January 2007 to finally enable the COMELEC to conduct
automated election in 2010 and in the succeeding election exercise.

These landmark measures ushered in the high sense of hope that the
country's electoral system will finally be insulated from the numerous ills that
have perennially plagued the manual system. Hopes were high that an
automated system will ensure the country's elections to truly reflect the
sovereign will of the Filipino people.

However, all these are now wishful thinking as the conduct of the last
three “automated” national and local elections proved more disappointing
than fulfiling. The failures and shortcomings of the system that was utilized
were so grave that they cast serious doubts on its integrity and credibility.

Section 2 of R.A No. 9369 defines the automated election (AES) “as a
system using appropriate technology which has been demonstrated in the
voting, counting, consolidating, canvassing, and transmission of election
results, and other electoral process.”


Unfortunately, the 2010, 2013 and 2016 ‘automated’ elections were
illegal and constitutionally infirm electoral processes due to the refusal or
failure of COMELEC to comply with the provisions of Republic Act No. 9369 for
reasons known only to the COMELEC and its partner, SMARTMATIC.

To be specific, the Precinct Count Optical System (PCOS) used during
the 2010 and 2013 national and local elections, and the Vote Counting
Machine (VCM) used during the national, local and ARMM elections were
mere counting and transmission machines, as opposed to the voting
machine prescribed by R.A 9369, precisely to serve the purpose of the law -
automation from voting to canvassing.

This essential requirement has been totally ignored to the point of
ignominy. The voting was manual, i.e., the voter manually filled the ballot by
shading a small oval before the name of the candidate on the ballot, while
the counting and transmission, however, are a different story.

Moreover, while the concern about the lack of a voter-verified paper
audit trail (VVPAT) in the PCOS machine was addressed by the VCM, the
electronic display thereon did not comply with the specifications of Section
13 of R.A 9369, which provides:

“Official Ballot. - The Commission shall prescribe the format of the
electronic display and/or the size and form of the official ballot, which shall
contain the titles of the position to be filled and/or the proposition to be
voted upon in an initiative, referendum or plebiscite. Where practicable,
electronic displays must be constructed to present the names of all
candidates for the same position in the same page or screen, otherwise, the
electronic displays must be constructed to present the entire ballot to the
voter, in a series of sequential pages, and to ensure that the voter sees all of
the ballot options on all pages before completing his or her vote and to allow
the voter to review and change all ballot choices prior to completing and
casting his or her ballot”.

Sadly, while the VCM was equipped with an electronic display, it
merely displayed the voter's choices in a mere split-second, effectively
depriving the voter of an opportunity to verify if his/her votes were indeed
considered by the machine, or to review his/her ballot and make corrections
thereto before approving its receipt by the VCM.

Needless to state, this perfunctory compliance still leaves a lingering
doubt in the minds of the voters of whether their votes were counted or if
they were counted properly to reflect their true choices.

All told, the last three elections were conducted in palpable disregard
and contravention of applicable laws and the right of suffrage, casting
serious doubts on the integrity and credibility of the electoral exercise and
any forthcoming election, plebiscite, referendum or initiative that may be

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conducted under the so-called system. The concept of automation and its
noble intentions thus remain a figment of the imagination.

This Constitutional body lamentably brushes aside as trivial and
negligible the many allegations of cheating and fraud under the AES, insisting
on the integrity of the non-compliant system, boasting even of saving the
government billions of pesos because the voting machine is more expensive
than the counting machine that it has been using.

To address this, this representation hereby proposes a more secure yet
less expensive alternative than the prevailing system in order to leave no
doubt that the true will of the electorate is upheld.

Considering that COMELEC has already demonstrated its inability to
implement the automation contemplated and mandated by RA 9369,
Congress needs to come up with a viable, less costly, simpler and more
acceptable alternative for the coming May 2016 election. The alternative
should be able to strike a balance between the acknowledged benefits of
electronic technology and the time-honored familiarity and proven
acceptability of manual elections. It should pass constitutional scrutiny and
be at par with the hopes, and the faith, of the sovereign people who possess
the sacred right to elect their leaders.

This bill offers such an alternative. Hence, approval of this bill is
earnestly requested.

ARCIA


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

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 313

INTRODUCED BY: HON. GWENDOLYN F. GARCIA

AN ACT
PROVIDING FOR THE CONDUCT OF HYBRID NATIONAL, LOCAL AND ARMM
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
2016".

SEC. 2. Coverage. The coverage of the provisions of this Act shall be limited
to the conduct of the election on May 2019.

SEC. 3. Filing of Certificates of Candidacy. - The certificate of candidacy of
‘ony 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
period, 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 THE ELECTION.

(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 said
region and those for legislative districts in cities outside the National
Capital Region which comprise one 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 [registrar] 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 certificate of candidacy shall be filed by the candidate personally or by
his duly authorized representative. No certificate of candidacy shall be filed
or accepted by mail, telegram or facsimile.

‘SEC. 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 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
cotespond 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 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 case

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may be, shall be available for viewing by interested parties on the
Commission's Official Website at least five (5) days before election day.

(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.

(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 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;
Provided, 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 to be voted upon, or shall deprive said voter
of his right to vote the candidates that he/she chooses fo 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 facilitate voting by illiterate and specially
abled voters only and to use or adopt the latest technological and
electronic devices in connection therewith, as will enable such iliterate or
specially abled voter to confirm that the accompanying person truly
adhered to the former's choice of candidates, as provided under Section
52(i) of the Omnibus Election Code.

SEC. 5. Printing of Official Ballots. The printing of official ballots shall be
exclusively done by the National Printing Office and may 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.

SEC. 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, scan the ballot under an official bar code

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scanner to authenticate the same and thereafter the Chairman and the
watchers for the dominant majority parly and dominant minority party shall
affix their signatures at the back thereof, Failure to so authenticate shall be
noted in the minutes of the board of election inspectors and shall constitute
an election offense punishable under Section 263 and 264 of the Omnibus
Election Code. The same manner of authentication of the ballots under the
bar code scanner shall likewise be observed before reading the ballot for
counting the votes after the closing of the polls.

SEC. 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 assume such positions
as to provide the watchers and the members of the public as may be
conveniently accommodated in the polling place, an unimpeded view of
the ballot being [ready] READ by the chairman, of 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 fable shall be cleared of all unnecessary writing
paraphemalia. Any violation of this requirement shall constitute an election
offense 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 SUCH 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 retum shall be filled
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
Big. 881.

SEC. 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

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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
count 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 retum and other forms prescribed under the code in
any other place within a public building in the same municipality or city on
account of imminent danger of widespread violence or similar causes of
comparable magnitude: Provided, That the transfer shall been
tecommended 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
oF 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
Big. 881.

SEC. 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 BP BILANG 881. The recording of vote shall be
made as prescribed in 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 retums 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
[because they] 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, writing out the said number in words and
figures and, at the end thereof, the board of election inspectors shalll certify
that the contents are correct. The returns for national positions and party list
shall be accomplished in a single sheet of paper, but if this is not possible,
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, sixth
Copies thereof, and for the purpose the Commission shall use a special kind
of paper.

Section 10. Digital Election Returns. Simultaneous to the counting of the votes
and the filling out of the election returns, there shall be an independent
technician who shall enter the votes, as they are counted, 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 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 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 retum 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 polling place or counting center, directly print thirty (30)
Copies of the manual election return.

Likewise, the independent technician, without tuming 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 retum 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 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 as reflected in the manual election retum. The erroneous digital return

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shall be torn 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 fo 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 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 as
prescribed above for the national positions.

The other copies of election retums for both national and local position 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 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 for
the variance in serial numbers.

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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 for perusal its copy of the election
retum 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
Big. 881

SEC. 11. - Number of Copies of Election Returns and their Distribution. - The
board of election inspectors shall prepare in handwriting the election retums
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 copies of election returns shall be distributed by the chairman of the
board of election inspectors as follows:

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

ligitally 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 Bidg. 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;
(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 Bidg. 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,

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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:

(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 shall 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:

(e} 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 Big. 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.

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
Big. 881;

SEC. 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 realtime input of
results in the digital election return, as provided above.

SEC. 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 REPRESENTATIVE, 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, [and] senator AND PARTY-LIST REPRESENTATIVE, 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.

cc) (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-presidents,
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 the 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 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-Presidents, 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,
[and] senator, AND PARTY-LIST REPRESENTATIVE, announce the results of the
election for national positions in the district, and thereafter, proclaim the
elected member of the House of the 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 canvassers of municipalities and component cities: Provided, That the
[retums] 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, [and] senator,  PARTY-LIST
REPRESENTATIVE announce the results of the election for national position in
the province, prociaim the elected member 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 retum or certificate of canvass on a wall
from which its contents shall be read in order that those present in the
canvassing [canter] 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
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 thereatter, while in the premises of the canvassing

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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 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 Big. 881.

SEC. 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

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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.

b) The cerfificates 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’ 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. 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 of the certificate of canvass posted on the walll 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 fo 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

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the board of canvassers, who shall produce them requested by the recipient
‘or when ordered by a competent authority.

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 determined 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 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 the
commission pursuant to section 52(K) of Batas Pambansa Big. 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 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.

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
Big. 881.


SEC. 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
bane shall determine the authenticity and due execution of the [cerfificate
of canvass] 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 exits no discrepancy in
other authentic copies of the document such as statement of votes of any of
its supporting document such as statement of votes by city/municipality/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 retums 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 retums form polling places that were not included in the
certificate of canvass and supporting statements. Said election retums 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 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 concemed 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 retums 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/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 banc, as the case may be shall, for the sole purpose of

»


verifying the actual the 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 retum,
Cerificate of canvass or statement of votes, or a printed copy of an election
relum, 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 Big. 881.

SEC. 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 DOST 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.

ELECTRONIC TRANSMISSION OF THE ELECTION RETURNS AND OTHER SUCH
THEREOF AT 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.

SEC. 17. Pre-proclamation controversy. In case of any discrepancy,
incompleteness, erasure or alteration as mentioned above, the procedure on
pre-prociamation controversies shall be adopted and applied as provided in
Sections 17,18,19 and 20 of Republic Act No. 7166.

SEC. 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:

(a) Any Person who removes the election return posted on the wall, whether
within or after the prescribed forty-eight (48) hours of posting, or defaces
the same in any manner;

(b) Any person who simulates an actual election retum, or a print or digital
copy 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 return from

20



the wall on which it had been posted other than for the purpose of
immediately transferring it to a more suitable place;

(e) 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 the
election 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 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;

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

(i

() The chairman or any member of the board of canvassers who, during the
prescribed period of posting, remove the cerfificate 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

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

SEC. 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 2019
national, local and ARMM 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 results thereof.

SEC. 20. Repealing Clause and Applicability of Other Existing Laws. The
provisions of Republic Act No. 8436, as amended by RA 9369, in so far
inconsistent with the provisions of this Act are hereby expressly repealed. In

a



addition, the provisions of Batas Pambansa Big. 881, as amended, R.A. 7166,
and other election laws not inconsistent with this Act shall remain of full force
and effect.

SEC. 21. 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.

SEC. 22. 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.
SEC. 22. This Act shall take effect upon its approval.

Approved,

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