Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

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TWENTIETH CONGRESS
First Regular Session

House Bill No. 636

Introduced by CIBAC Party-List Representative
EDUARDO “BRO. EDDIE” C. VILLANUEVA

EXPLANATORY NOTE

The credibility of electoral processes is the bedrock of any democracy. While the
Philippines has made strides in adopting automated election technologies to address
long-standing issues such as fraud, delays, and human error, growing concerns have
emerged regarding transparency, reliability, and auditability of fully automated systems.
These concerns, if left unaddressed, threaten to erode public trust in electoral outcomes
and democratic institutions.

This bill proposes the implementation of a Hybrid Election System (HES) — a
combination of manual and electronic processes — to restore transparency and public
confidence in Philippine elections. The HES model ensures that the casting and counting
of votes are done manually and publicly, preserving the sanctity and visibility of the ballot,
while utilizing electronic transmission and canvassing for speed, accuracy, and efficiency
in consolidating results.

Key features of the proposed Hybrid Election System include:

* Manual casting and counting of votes at the precinct level in full public view,
enhancing transparency and discouraging tampering

* Electronic transmission and canvassing of precinct-level results to ensure speed
and minimize transmission-related delays.

* Mandatory posting of physical and electronic election returns and certificates of
canvass for public scrutiny.

* Strict authentication and audit requirements, including source code review,
security protocols, and tamper-evident procedures.

* Provisions for contingency planning, ensuring the continuity of the electoral
process in case of technical breakdowns.

* Prohibitions against outsourcing sensitive processes such as ballot printing and
electronic infrastructure handling, reinforcing public control and oversight.


* Criminalization of acts that compromise transparency and integrity, such as
tampering with servers, faking election returns, and obstructing canvassing
procedures.

The proposed Hybrid Election System addresses the dual imperative of
transparency and technological efficiency. It does not sacrifice either at the expense of
the other. It is designed to be fully auditable, resistant to fraud, and accessible to public
scrutiny, thereby reflecting the true will of the people while minimizing vulnerabilities of
either fully manual or fully automated systems.

In view of the above, the immediate passage of this bill is earnestly sought.

EDUARDO “BRO. EDDIE” C. VILLANUEVA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

House Bill No. 636

Introduced by CIBAC Party-List Representative
EDUARDO “BRO. EDDIE” C. VILLANUEVA

AN ACT
PROVIDING FOR A HYBRID ELECTION SYSTEM THROUGH MANUAL VOTING AND
COUNTING AND ELECTRONIC TRANSMISSION AND CANVASSING OF RESULTS
IN NATIONAL, LOCAL AND ARMM ELECTIONS, AND FOR OTHER PURPOSES.

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

SECTION 1. Title. - This Act shall be known as the “Hybrid Election System Act”.

SEC. 2. Declaration of Policy. — It is the policy of the State to ensure free, orderly,
peaceful, clean, honest, transparent, credible and informed elections, plebiscites,
referenda, recall and other similar electoral exercises by improving on the election
system, which shall involve the use of a combination of manual voting, manual counting
and electronic transmission and canvassing of the election results that will ensure the
secrecy and sanctity of the ballot and the transparency of all election, transmission and
consolidation documents in order that the election system shall be fully auditable and
credible and that the results shall be fast, accurate and reflective of the genuine will of
the people.

SEC. 3. Coverage. - The provisions of this Act shall be applicable to the conduct
of all national, local and ARMM elections.

SEC. 4. Definition of Terms. — As used in this Act, the following terms shall mean:

a) Hybrid election system, hereinafter referred to as HES — a system using a
combination of manual casting of votes, manual counting of votes and
electronic transmission of precinct-level election results to the consolidation
and canvassing boards, stations or servers;

b) Official ballot — refers to the printed paper ballot that faithfully represents the
votes cast by a voter;


¢) Established precinct — the precinct originally established by the Commission
prior to the clustering or merging of precincts for purposes of the automated
elections;

d) Electronic transmission — conveying data in electronic form from one location
to another;

e) Election returns - a document in printed and electronic form, printed and
manually accomplished for purposes of reflecting the manual count of the votes
at the polling precinct and also electronically produced by an appropriate
electronic device, showing the date of the election, the province, municipality
and polling precinct in which itis held and the votes in figures for each candidate
in a polling precinct;

f) Electronic election returns - an electronic spreadsheet in an appropriate
electronic device where the recording of the votes is made in real-time and is
electronically transmitted to the canvassing and consolidation board, station or
server;

g) Statement of votes — a document containing the votes obtained by candidates
in each precinct in a city/municipality;

h) City/municipal/district/provincial certificate of canvass - a document in printed
and electronic form containing the total votes in figures obtained by each
candidate in a city/municipality/district/province, as the case may be. The
electronic certificates of canvass shall be the official canvass results in the
aforementioned jurisdictions;

i) Continuity plan - a list of contingency measures, and the policies for activation
of such, that are put in place to ensure continuous operation of the
automated/electronic component of the HES; and,

j) Source code - human-readable instructions that define what the
automated/electronic component of the HES will do.

SEC. 5. Filing of Certificates of Candidacy. — The certificate of candidacy of
any person running for the office of President, Vice-President, Senator, Representative,
party-list representative or any elective regional, provincial, city or municipal official shall
be filed in such offices of the Commission as it may direct and in such legible copies as it
may require, not earlier than ninety (90) days before the date legally fixed for the start of
the campaign period for national positions.

The candidate shall file the certificate of candidacy personally or by his duly
authorized representative. No certificate of candidacy shall be filed or accepted by postal
service, electronic mail, telegram, facsimile and the like.

SEC. 6. Established Precincts. — For purposes of the HES, all clustered precincts
existing and used in the automated election system shall be de-clustered and shail revert
back to the original established precinct. In no case shall each established precinct
exceed a maximum of two hundred (200) registered voters. The Commission shall take
the necessary steps to carry this provision into effect.


SEC. 7. Official Ballots. —

a) Ballots for national, local and ARMM elections, regular or special, plebiscites and
referenda, shall be pre-printed and of uniform size were practicable and shall be
Prescribed by the Commission, taking into account environmental
considerations and with reasonable minimum paper size. They shall be printed
in black ink with appropriate demarcating indicators for each title of the office to
be voted for, on security paper with distinctive, clear and legible watermarks or
security marks that will readily distinguish it from ordinary paper.

b)

Each ballot 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 municipality and the province in which the election is to be held, the date of
the election and the appropriate instructions to the voters in Filipino to shade only
the ovals corresponding to the candidates of his choice, in secrecy, and to avoid
putting any distinctive mark anywhere on the ballot.

°)

Each ballot shall be serially numbered with corresponding bar codes for
authentication purposes at the upper part thereof. Spaces for the thumbmark of
the voter and the signature of the chairman of the board of election inspectors
shall be provided in the lower part thereof. A unique ballot ID number shall also
be printed which shall be uniform for all official ballots for each established
precinct. For purposes of transparency, the ballot ID number and the serial
numbers of the ballots corresponding to each established precinct shall be
available for viewing by interested parties on the official website of the
Commission at least fifteen (15) days before the day of the elections.

d

A digital image of a sample official ballot without the security features and bar
codes shall be available for viewing and downloading by interested parties on
the official website of the Commission at least ninety days (90) days before the
day of the elections.

e)

Each ballot shall contain an oval opposite the name of each and all official
candidates for all elective positions in the elections segregated by appropriate
demarcating indicator for each of the titles of the offices to be voted for. The
omission of the name of any of the official candidates or the absence of the
appropriate demarcating indicator for each of the titles of the offices to be voted
for in the printed official ballot shall constitute a prima facie evidence of electoral
sabotage and a conspiracy to commit massive electoral fraud.

f) Ballots 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.

Notwithstanding the foregoing provisions, 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 disabled voters only. The Commission
shall adopt the latest technology as to enable such illiterate or disabled voters to
confirm that the assisting person truly adhered to his choice of candidates, as
provided under Section 52(i) of the Omnibus Election Code.

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SEC. 8. Printing of Official Ballots. - The printing of official ballots shall be
exclusively done by the National Printing Office and shall in no case be contracted out or
outsourced to any private or public person, entity or agency for any reason including, but
Not limited to, claims of better output, higher capacity or even in cases of emergency.

The Commission shall exercise stringent mandatory oversight in the printing of
official ballots. For this purpose, the representatives of the Commission overseeing it shall

not be a confidential employee of, or related by consanguinity or affinity within the 3°¢
civil degree to, any of the Commissioners and Executive Director of the Commission.

Any violation of this Section shall constitute a prima facie evidence of electoral
sabotage and a conspiracy to commit massive electoral fraud.

SEC. 9. Distribution of Official Ballots. — The official ballots shall be distributed
and delivered to each of the established precincts, consulates and embassies at a strict
ratio of one ballot for every registered voter of the precinct pius one ballot for each of the
three (3) members of the board of election inspectors.

In overseas absentee voting where the ballots are mailed to the voters, the
concerned consulate or embassy shall insure that the ballots are mailed in time for the
voters to receive the ballots at least fifteen (15) days before the start of the period for
absentee voting so that the voters can mail back to the consulate or embassy in time
before the closing of the polls.

Any violation of this Section, or any of its pertinent provisions, shall constitute an
election offense and shall be penalized in accordance with the Omnibus Election Code
and other pertinent election laws.

SEC. 10. Voting Hours. - All polling precincts shall open at 6 o'clock in the
morning of the day of the elections. Voting shall continue until the polling precincts are
closed at 11 o'clock in the morning of the day of the elections. No extension of voting shall
be allowed under any circumstances. Any violation of this Section shall constitute an
election offense and shall be penalized in accordance with the Omnibus Election Code
and other pertinent election laws.

SEC. 11. Voting Journey. - The Commission is hereby mandated to adopt
process flows and measures for mandatory and uniform implementation by the boards of
election inspectors which will facilitate a more convenient voting journey including, but not
limited to, maximizing the number of voters able to vote at the same time, faster and orderly
turnaround of voters, and prioritizing elderly voters and disabled voters.

SEC. 12. Authentication of Ballots. — In every case before handing an official
ballot to the voter, the chairman of the board of election inspectors shall show to the
accredited watchers and the voter that the ballot is clean and without pre-shaded votes or
marks. Thereafter, the chairman shall affix his signature in the space provided for. Failure
to authenticate the official ballots shall be noted in the minutes of the board of election
inspectors and shall constitute an election offense punishable under Sections 263 and 264
of the Omnibus Election Code.

SEC. 13. Pre-shaded Ballots. — In cases where the official ballot handed to the
voter already contains pre-shaded votes or marks, it shall be noted in the minutes of the


board of election inspectors and shall constitute a prima facie evidence of electoral
sabotage and a conspiracy to commit massive electoral fraud. Such ballot shall be
considered spoiled and shall be distinctly marked with the word “spoiled” and signed by
the board of election inspectors on the face thereof and immediately placed in the
envelope for spoiled ballots. In any case, the voter shall have the right to a clean
replacement ballot.

SEC. 14. Manner of Voting. - To facilitate faster manual counting of the votes,
avoid misreading of the votes, and avoid dilatory tactics by the opposing accredited
watchers, the voter shall fill out his ballot by shading only the oval opposite the name of
his chosen candidate. No other form of marking or voting shall be considered a valid vote.
The voter shall not put or place any other mark on any other part of his ballot. The act of
putting or placing any mark other than on the ovals opposite the names of the official
candidates shall constitute an election offense and shall be penalized in accordance with
the Omnibus Election Code and other pertinent election laws.

SEC. 15. Cancellation of Vote. — The voter shail not be allowed to cancel a vote
or shade he already made on his ballot in order to prevent election fraud by cancelling
votes already cast.

SEC. 16. Beginning, Ending and Manner, of Counting of Votes. - Immediately
after the closing of the polls in the polling precinct, the reading and counting of the official
ballots shall begin and shall end no later than 3 o'clock in the afternoon of the day of the
elections. In addition to the requirements of Section 210 of the Omnibus Election Code,
the chairman, the poll clerk and the third member of the board of election inspectors shall
position themselves in a manner that will provide the accredited watchers and the public,
an unimpeded view of the ballot being read by the chairman, the election return, and the
tally board being simultaneously accomplished by the poll clerk and the third member,
respectively, without touching any of the said election documents. Any violation of this
Section shall constitute an election offense punishable under Sections 263 and 264 of
the Omnibus Election Code.

Before the start of the counting, the chairman shall first ascertain whether every
ballot contains the signature of the chairman as provided in Section 11 hereof. Any ballot
without the required signature shall be rejected,

The chairman shall read the votes in each ballot for national positions, party-list
representatives, regional positions and local positions until all the ballots cast in the
precinct shall have been read and counted. Thereafter, the board of election inspectors
shall terminate the counting, accomplish the printed election return forms and transmit
the electronic version thereof.

The chairman shall exercise full control of the proceedings at all times. Any action
by any of the accredited watchers or the public which is designed to delay the counting of
the votes, accomplishing the printed election retum forms and transmission of the election
return shall be a ground for his exclusion from the proceedings. Such action shall
constitute a violation of this Section.

Any violation of this Section, or any of its pertinent provisions, shall constitute an
election offense and shall be penalized in accordance with the Omnibus Election Code
and other pertinent election laws.


SEC. 17. Counting of Votes Shall be Public. - As soon as the voting is
concluded, the board of election inspectors shall publicly count in the polling precinct the
votes cast and ascertain the results. The board may rearrange the physical set up of the
polling precinct for purposes of the counting or perform any other activity in respect
thereof. However, it can do so only in the presence of the accredited watchers and within
close view of the public. At all times, the ballot box and all election documents and
paraphernalia shall be within close view of the accredited watchers and the public.

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

The Commission, in the interest of free, orderly, honest, transparent and credible
elections, may authorize the board of election inspectors to count the votes and to
accomplish the election return and other forms prescribed under the Omnibus Election
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 have been recommended in writing by the board of
election inspectors by unanimous vote and endorsed in writing by the majority of the
accredited watchers present: Provided, further, that the said public building shall not be
located within the premises of or inside a military or police camp, reservation,
headquarters, detachment or field office nor within the premises of a prison or detention
facility or any law enforcement or investigation agency.

This Section shall also strictly apply in the case of overseas absentee voting in the
consulates and embassies of the Republic of the Philippines. The doors and windows of
the room where the counting shall be held shall be open to interested parties and the
public in order to observe the proceedings.

Any violation of this Section, or any of its pertinent provisions, shall constitute an
election offense and shall be penalized in accordance with the Omnibus Election Code
and other pertinent election laws.

SEC. 18. Election Returns. — The board of election inspectors shall prepare and
accomplish the election return simultaneously with the counting of the votes in the polling
precinct as prescribed in Section 210 of the Omnibus Election Code. The recording of the
votes shall be made as prescribed in the said section. The entry of votes in words and
figures for each candidate shall be closed with the signature and the clear imprint of the
thumbmark of the right hand of all the members, likewise to be affixed in full view of the
public, immediately after the last vote recorded or immediately after the name of the
candidate who did not receive any vote.

The election returns shall also show the date of the election, the established
precinct, the barangay and the city or municipality in which it was held, the total number of
ballots found inside the ballot box, the total number of excess ballots, the total number of
spoiled, marked or void ballots, and the total number of votes obtained by each candidate.
These pieces of information shall be written in words and in figures and, at the end
thereof, the board of election inspectors shall certify that the contents are correct. The
election returns for national positions and party-list representatives shall be accomplished
in a single sheet of paper. Additional sheets may be used for regional and local positions
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 the necessary steps so that the entries on the first copy
of the election returns are clearly reproduced on the second, third, fourth, fifth and sixth
copies thereof. For this purpose, the Commission shall use a special kind of paper.

SEC. 19. Electronic Election Returns. — Simultaneous with the manual counting
of the votes and the filling out of the printed election return forms, there shall be
independent technical personnel who shall enter the votes, as they are manually counted,
into an electronic spreadsheet, which shall serve as the electronic election returns, in an
appropriate electronic device provided for the purpose. The recording of the votes in real-
time in the appropriate electronic device shall be open for the accredited watchers to
validate and the public to observe.

The electronic election return shall be equipped with such programs and
encryption algorithms as to ensure that the technical personnel, or any other person,
cannot make alterations in any of the entries therein, or the results of the counting of
votes, except in case of discrepancy with the manual or printed election return as provided
herein. It shall also bear a serial number that is uniquely assigned to the particular polling
precinct. The appropriate electronic device shall be configured to confine its operation
only for this purpose and to transmit the results of the counting to the consolidation and
canvassing board, station or server.

Immediately upon the accomplishment of the manual election return, the poll clerk
shall announce the posting of the second copy of the said election return on a wall with
sufficient lighting within the premises of the polling precinct. He shall then proceed to do
the same in the presence of the other members of the board of election inspectors, the
accredited watchers and those present in the polling precinct. He shall also take a digital
image of the second copy as announced and posted, and save the same in the storage
device of the appropriate electronic device used in the counting of the votes.

The independent technical personnel shall print one copy of the electronic election return
as filled out, and the board of election inspectors and the accredited watchers shall
authenticate the same by comparing the results as printed with the second copy of the
manual election return as announced and posted. Should the results of the electronic
election return be found to be the same as that of manual election return, the board of
election inspectors and the accredited watchers shall affix their signatures and
thumbprints in the spaces provided for and the same shall be deposited inside the ballot
box.

Should there be any discrepancy between the electronic and the manual election
returns, the results in the manual election return shall prevail. However, for purposes of
electronic transmission, all the members of the board of election inspectors shall add their
mandatory separate and individual digital signatures into the electronic document using
the appropriate electronic device to allow the necessary corrections in the electronic
election return to conform to the results as reflected in the manual election return. The
erroneous electronic election return shall be torn in half lengthwise and deposited inside
the ballot box.

Thereafter, the technical personnel shall print a copy of the electronic election
return as corrected and shall allow the board of election inspectors and the accredited
watchers to scrutinize and authenticate the same as herein prescribed. When there is no
more discrepancy in the results, the board of election inspectors and the accredited
watchers shall affix their signatures and thumbprints, and the correct electronic election


return shall be deposited in the ballot box.

The board of election inspectors shall see to it that the memory card and storage
device of the appropriate electronic device used in the counting of votes which contains the
electronic election return and the digital image of the manual election return are properly
backed up and write-protected.

All the members of the board of election inspectors shall again add their mandatory
separate and individual digital signatures to authenticate and authorize the electronic
transmission of the election results to the various boards, stations or servers as prescribed
herein.

Once the printouts of the digital image of the manual election return have been
produced, the poll clerk shall call the other members of the board of election inspectors to
authenticate each print copy by scrutinizing and comparing the same with the election
return posted on the wall in the presence of the accredited watchers and within view of the
public. If the board of election inspectors finds each printed copy a faithful reproduction
of the said election return, all the 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 provided for the purpose
with the corresponding serial number assigned to the particular polling precinct and
sealed in the presence of the accredited watchers and the public. It shall be distributed as
herein provided prior to the transmission of the electronic election return. The designated
recipients of the certified printed copies may receive their copies at the polling precinct.

Any election return with a separately printed serial number or which bears a
different serial number from that uniquely assigned to the particular polling precinct shall
not be canvassed and shall be declared as spurious, and shall be a ground for a pre-
proclamation controversy. This is to be determined by the board of canvassers concerned
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 polling precinct.

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

The accredited citizens’ arm is mandated to present for perusal its copy of the manual
election return and the electronic file thereof to the board of canvassers upon the request
of any interested candidate.

Any violation of this Section, or any of its pertinent provisions, shall constitute an
election offense and shall be penalized in accordance with the Omnibus Election Code
and other pertinent election laws.

SEC. 20. Unofficial Count. - A copy of the electronic election return of the polling
precinct shall also be transmitted to the secure servers of the accredited citizens’ arm
which the Commission has authorized to set up an unofficial count center where the votes
are consolidated and the results are announced to the public.

The announcement or publication of the unofficial election results by such
accredited citizens’ arm shall be continuous and uninterrupted from the time of the first


transmission until all transmissions shall have been completed. Any interruption for any
reason shall be a ground for the revocation of its accreditation for at least three
(3) successive national elections.

Any interested candidate, political party or non-partisan groups or organizations
enlisted by the Commission pursuant to Section 52(k) of the Omnibus Election Code may
request in writing from the accredited citizens’ arm the metadata of all the election returns
as electronically transmitted by all the polling precincts to its secure servers. The
accredited citizens’ arm is hereby required to provide the metadata in Microsoft Excel
format within three (3) days from receipt of the request. No such request shall be denied
for any reason. The accredited citizens’ arm is prohibited from charging any form of service
fees for this purpose but the cost of the storage device shall be borne by the requesting
person, party or organization.

The accredited citizens’ arm shall exercise full independence from any interested
person, political party or organization, and the Commission and any of its contractors or
service providers involving the elections

Any violation of this Section, or any of its pertinent provisions, shall constitute an
election offense and shall be penalized in accordance with the Omnibus Election Code
and other pertinent election laws.

SEC. 21. Copies and Distribution of Election Return. — The board of election
inspectors shall prepare in handwriting the election return in their respective polling
precinct, in the number of copies herein provided, and in the form to be prescribed and
provided by the Commission.

The chairman of the board of election inspectors shall distribute the copies of the
election return as follows:

a) In the election for President, Vice-President, Senator, Representative and
party-list representatives:

1. The electronic election return, mandatorily required to be digitally signed
separately and individually by all the members of the board of election
inspectors, shall be electronically transmitted to the concerned board, station
or server and the first copy of the manual election return, as digitally captured
and printed, shall be delivered to the city or municipal board of canvassers
immediately after the closing of the polling precinct;

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’ arm authorized by the Commission to conduct
an unofficial count; Provide, however, that the accreditation of the citizens’ arm
shall be subject to the provisions of Section 52(k) of the Omnibus Election Code;
and,

8. The eighth copy, to be deposited inside the ballot box.

The copy of the election return posted on the wall shall be open for public viewing
at any time of the day for seventy-two (72) hours following its posting. Any person may
view or capture an image of the election return by means of any data capturing device.
After the prescribed period for posting, the chairman of the board of election inspectors
shall collect the posted election return 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 by a competent authority.

Except for those copies which are required to be delivered, copies of election
return may be claimed at the polling precinct. 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 remaining unclaimed at the canvassing
center shall be deemed placed in the custody of the chairman of the board of election
inspectors, who shall produce them when requested by the recipient or his representative,
or when ordered by a competent authority.

Eighteen (18) copies of the election return shall be printed, certified and distributed
as follows:

a) The first six (6) copies shall be given to the six (6) accredited major national parties
in accordance with a voluntary agreement among them. In the absence of an
agreement, the Commission shall decide which parties shall receive the copies on
the basis of the criteria provided in Section 26 of Republic Act No. 7166;

b

The next three (3) copies shall be given to the three (3) accredited major local
parties in accordance with a voluntary agreement among them. In the absence of
an agreement, the Commission shall decide which parties shall receive the copies
on the basis of the criteria provided in Section 26 of Republic Act No. 7166;

©)

The next four (4) 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 (2) 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 two (2) copies shall be given to the accredited citizens’ arm and other non-
partisan groups or organizations enlisted by the Commission pursuant to Section
52(k) of the Omnibus Election Code; and,

f) The last copy shall be given to the provincial board of canvassers.

The certified print copies of the election return may be claimed at the polling


precinct. Any unclaimed copy shall be brought by the chairman of the board of election
inspectors to the city or municipal canvassing center where the recipients or their
representatives may claim them. Copies still unclaimed at the canvassing center shall be
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.

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

Itis mandatory for the Commission to post the electronic files of all election results
from all the polling precincts in its official website for the public to view or download at any
time of the day. Such posting shall be simultaneous with the electronic transmission of
election returns from the polling precincts. The posting and availability to the public of
such electronic files shall be continuous and without any significant interruption. Any
interruption exceeding three (3) days shall be considered significant for this purpose. The
Commission shall maintain the electronic files for at least three (3) years from the date of
posting

Any interested candidate, political party or non-partisan groups or organizations
enlisted by the Commission pursuant to Section 52(k) of the Omnibus Election Code may
request in writing from the Commission the metadata of all the election returns as
electronically transmitted by all the polling precincts on the day of the election. The
Commission is hereby required to provide the metadata in Microsoft Excel format within
three (3) days from receipt of the request. No such request shall be denied for any reason.
The Commission is prohibited from charging any form of service fees for this purpose but
the cost of the storage device shall be borne by the requesting person, party or
organization.

Any violation of this Section, or any of its pertinent provisions, shall constitute an
election offense and shall be penalized in accordance with the Omnibus Election Code
and other pertinent election laws.

SEC. 22. Canvassing by the Provincial, City, District and Municipal Board
of Canvassers. -

a) The city or municipal board of canvassers shall canvass the electronically
transmitted election returns for President, Vice-President, Senator, Representative
and party-list representative, and for elective provincial and city or municipal
officials. Upon completion of the canvass, the board shall announce the results of
the election for national positions in the city or municipality, prepare the certificate
of canvass for Representatives and elective provincial officials, 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, Representative, party-list representative and elective city
officials. Upon completion of the canvass, the board shall announce the results of
the election for national positions in the city, prepare the certificate of canvass for
President, Vice-President, Senator and party-list representative, and, thereafter,
proclaim the elected Representatives and city officials.


c) (1) Inthe Metro Manila Area such municipality comprising a legislative district shall
have a district board of canvassers which shall canvass the electronically
transmitted election returns for President, Vice-President, Senator,
Representative, party-list representative and elective municipal officials. Upon
completion of the canvass, the board shall announce the results of the election for
national positions in the municipality, prepare the certificate of canvass for
President, Vice-President, Senator and party-list representative, and, thereafter,
proclaim the elected Representative 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 retums for President, Vice- President, Senator,
Representative, party-list representative and elective municipal officials. Upon
completion of the canvass, the board shall announce the results of the election for
national positions in the municipality, prepare the certificate of canvass for
President, Vice- President, Senator, Representative, party-list representative, and,
thereafter, proclaim the elected municipal officials.

(3) The district board of canvassers of each legislative district comprising two (2)
municipalities in the Metro Manila Area shall canvass the certificate of canvass for
President, Vice-President, Senator, Representative and party-list representative as
electronically transmitted by the municipal board of canvassers of the component
municipalities. Upon completion of the canvass, the board shall announce the
results of the election for national positions in the district, prepare the certificate of
canvass for President, Vice-President, Senator and party-list representative, and,
thereafter, proclaim the elected Representative in the legislative district.

d) The provincial board of canvassers shall canvass the certificate of canvass for
President, Vice-President, Senator, Representative, party-list representative and
elective provincial officials as well as plebiscite results, if any plebiscite is
conducted simultaneously with the same election, as electronically transmitted by
the city or municipal board of canvassers of component cities and municipalities.
Upon completion of the canvass, the board shall announce the results of the
election for national positions in the province, prepare the certificate of canvass for
President, Vice-President, Senator and party-list representative, and, thereafter,
proclaim the Representatives and provincial officials as well as the plebiscite
results, if any.

The canvassing of election returns or certificates of canvass, as the case may be,
by the board of canvassers in a municipality, city, district or province shall be completed
within two (2) hours from the time the board of canvassers officially convened for the
purpose. In the conduct thereof, the board of canvassers shall project visibly 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 will be able to follow the progress of the canvassing
process from beginning to end. The Commission shall utilize the appropriate projection
equipment for this purpose.

Immediately after the certificate of canvass is accomplished, the chairman of the
board of canvassers shall announce the posting of the second copy thereof and its
supporting statements 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 presence of the other

Page 14 of 22


members of the board of canvassers, the accredited representatives and those present
in the canvassing center. Without delay and when feasible, he shall capture images of
the certificate of canvass and supporting statements of votes using a secured data
capturing device and thereafter, while in the premises of the canvassing center,
immediately print the data so captured in eighteen (18) copies. The board of canvassers
shall then authenticate each printed copy, in the presence of representatives and within
public view, by closely comparing the same with the certificate of canvass or statements
of votes, as the case may be, posted on the wall. If the board of canvassers finds each
printed copy a faithful reproduction of the certificate of canvass or statements of votes
as announced and posted, all members thereof shall annotate and sign a certification to
that effect on the bottom front of each printed copy.

Each certified printed copy shall be placed in an envelope provided for the purpose
with corresponding serial number assigned to the particular canvassing center and sealed
in the presence of the accredited representatives and the public. It shall be distributed as
herein provided prior to the transmission of the electronic files of the certificate of canvass
and its supporting statements of votes. The designated recipients of the certified printed
copies may receive their copies at the canvassing center.

The chairman of the board of canvassers shall transmit the electronic files of the
certificate of canvass and its supporting statements of votes, which shall be mandatorily
required to be digitally signed separately and individually by all the members of the board
of canvassers, encrypted for security reasons and using a secured transmission device
with authentication features, to the secured tabulation system of the Commission and to
the secure servers of the other designated recipients as herein provided.

Any provision of law to the contrary notwithstanding, any of the recipients of the print
or electronic copies of the certificate of canvass and its supporting statements of votes
may conduct an unofficial consolidation of votes and may announce the results thereof to
the public.

Any violation of this Section, or any of its pertinent provisions, shall constitute an
election offense and shall be penalized in accordance with the Omnibus Election Code
and other pertinent election laws.

SEC. 23. Copies of Certificate of Canvas and their Distribution. - The number
of copies of the certificate of canvass to be prepared and their distribution shall be as
follows:

a) The certificate of canvass for President, Vice-President, Senator, Representative
and elective provincial officials shall be prepared in eight (8) 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 of election results for President, Vice-President, Senator,
Representative 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;

Page 1S af 22


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

5) The fifth copy shall be given the accredited citizens’ arm designated by the
Commission to conduct a media-based unofficial count; and,

6)

The sixth, seventh and eighth copies shall be given to the representatives of
three (3) of the six (6) major political parties in accordance with the voluntary
agreement of the parties. In the absence of an agreement, the Commission
shall decide which parties shall receive the said copies of the certificate of
canvass on the basis of the criteria provided in Section 26 of Republic Act No.
7166. The parties receiving such certificate of canvass shall have the obligation
to furnish the other parties with authentic copies thereof with the least possible
delay.

b) The certificate of canvass for President, Vice-President and Senator shall be
prepared in eight (8) copies by the city board of canvassers of cities comprising one
or more legislative districts 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
election results for Senator;

3. The third copy shall be posted on a wall within the premises of the canvasing
center;

4. The fourth copy shall be kept by the chairman of the board of canvassers;

5. The fifth copy shall be given to the accredited citizens’ arm designated by the
Commission to conduct a media-based unofficial count; and,

6. The sixth, seventh and eighth copies shall be given to the representatives of
three (3) of the six (6) major political parties in accordance with the voluntary
agreement of the parties. In the absence of an agreement, the Commission
shall decide which parties shall receive the said copies of the certificate of
canvass on the basis of the criteria provided in Section 26 of Republic Act No.
7166. The parties receiving such certificate of canvass shall have the obligation
to furnish the other parties with authentic copies thereof with the least possible
delay.

The copy of the certificate of canvass posted on the wall shall be open for public
viewing at any time of the day for seventy-two (72) 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 by a
competent authority.



Except for those copies which are required to be delivered, copies of certificate 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 when requested by the recipient or when ordered by a competent
authority.

The eighteen (18) certified printed copies of the certificate of canvass for national
positions shall be distributed as follows:

a) The first six (6) copies shall be given to the six (6) accredited major national
parties in accordance with a voluntary agreement among them. In the absence of
an agreement, the Commission shall decide which parties shall receive the copies
on the basis of the criteria provided in Section 26 of Republic Act No. 7166;

b}

The next three (3) copies shall be given to the three (3) accredited major local
parties in accordance with a voluntary agreement among them. In the absence of
an agreement, the Commission shall decide which parties shall receive the copies
on the basis of the criteria analogous to that provided in Section 26 of Republic
Act No. 7166;

cc) Thenext four (4) 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 (2) 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 two (2) copies shall be given to the accredited citizens’ arm and other non-
partisan groups or organizations enlisted by the Commission pursuant to Section
52(k) of the Omnibus Election Code; and,

f) The last copy shall 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 printed copies of the certificate 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 when requested by the
recipient or when ordered by a competent authority.

It is mandatory for the Commission to post the electronic files of all the certificates
of canvass in its official website for the public to view or download at any time of the day.
‘Such posting shall be simultaneous with the electronic transmission of the certificates of
canvass from the boards of canvassers. The posting and availability to the public of such
electronic files shall be continuous and without any significant interruption. Any
interruption exceeding three (3) days shall be considered significant for this purpose. The
Commission shall maintain the electronic files for at least three (3) years from the date of
posting.

Any violation of this Section, or any of its pertinent provisions, shall constitute an


election offense and shall be penalized in accordance with the Omnibus Election Code
and other pertinent election laws.

SEC. 24. 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. —- The Congress and the Commission en banc
shall determine the authenticity and due execution of the submitted and electronically
transmitted certificates of canvass for President and Vice-President, and Senators,
respectively, as accomplished, submitted and electronically transmitted to it by the boards
of canvassers, on a showing that:

a) Each certificate of canvass was executed, signed or digitally signed, as the case
may be, and thumb marked by the chairman and the members of the board of
canvassers and submitted and electronically transmitted or caused to be submitted
and electronically transmitted to the Congress by them;

b) Each certificate of canvass contains the names of all the candidates for President
and Vice-President, or Senator, as the case may be, and their corresponding votes
in words and in figures;

©)

There exist no discrepancy in other authentic copies of the said document, or any
of its supporting documents such as the statement of votes by city or municipality
or by precinct, or discrepancy in the votes of any candidate in the words and figures
therein; and,

dq

There exist no discrepancy in the votes of any candidate in the words and figures
therein against the aggregate number of votes appearing in the election returns of
polling precincts covered by the particular certificate of canvass: Provided, that
certified printed copies of the election returns or certificates of canvass may be
used for the purpose of verifying the existence of any discrepancy.

When the certificate of canvass, duly certified by the board of canvassers of each
provinee, 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 concemed
to submit the election retums from the polling precincts that were not included in the
certificate of canvass. Said election returns shall be submitted by personal delivery within
twenty-four (24) hours from receipt of notice.

When it appears that any of the 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 concemed to
submit the election returns from the polling precincts that were not included in the
supporting statement or votes. Said election returns shall be submitted by personal
delivery within twenty-four (24) hours from receipt of notice.

When it appears that any certificate of canvass including other duly certified printed
copies thereof or supporting statements of votes by city or municipality or by polling
precinct bears erasures or alterations which may cast doubt as to the veracity of the
number of votes stated therein and may affect the result of the elections, upon the request


of the presidential, vice-presidential or senatorial candidates concerned or of his party, the
Congress or the Commission en banc, as the case may be, shall, for the sole purpose of
verifying the votes as they appear in the copies of the election returns submitted and
electronically transmitted to it, suspend the canvassing.

Any person who presents in evidence a simulated copy of an election return,
certificate of canvas or statement of votes, or 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 shall be penalized in accordance with the
Omnibus Election Code and other pertinent election laws.

SEC. 25. Communication Channels for Electronic Transmissions. —
Electronic transmission as defined herein shall be guided by the following: all electronic
transmissions of election returns, certificates of canvass and other supporting or related
documents shall only utilize the secure transmission channels as duly recommended by
the Department of Science and Technology and the National Telecommunications
Commission to ensure authentication and integrity of transmission.

The Commission is hereby authorized to procure the necessary equipment,
facilities and services for installing the electronic transmission infrastructure in order to
effectively and securely implement the provisions of this act.

Electronic transmissions of the election returns and such other supporting or
related documents from the polling precincts shall be forwarded to the Commission and
to the national broadcast or print media entities as may be equitably determined by the
Commission.

SEC. 26. Pre-prociamation controversy. - \n case of any discrepancy,
incompleteness, erasures or alterations as mentioned herein, the procedures on pre-
proclamation controversies as provided in Sections 17, 18, 19 and 20 of Republic Act No.
7166 shall be adopted and applied.

SEC. 27. Tampering of Election Servers. — The accredited citizens’ arm
authorized by the Commission to set up an unofficial count center and all of its officials shall
be equally liable for the acts of any person who shall tamper, alter, manipulate, abuse,
interfere, intrude or misuse its secure servers used in receiving the transmissions of the
electronic election results, in the consolidation of the votes, and in the publication and
announcement of the results thereof to the public.

All the members of the Commission and its Executive Director shall be equally
liable for the acts of any person who shall tamper, alter, manipulate, abuse, interfere,
intrude or misuse the electronic devices and/or secure servers used in sending and/or
receiving the transmissions of the electronic election results, the certificates of canvass,
the statements of votes and other supporting or related documents; in the consolidation
and canvassing of the votes; and, in the publication and announcement of the results
thereof to the public.

The act of tampering, altering, manipulating, abusing, interfering, intruding or
misusing the electronic devices and/or secure servers as herein provided shall constitute
a prima facie evidence of electoral sabotage and a conspiracy to commit massive
electoral fraud.

Gage 19 of 22


WOVTAVaWN

SEC. 28. Election Offenses under this Act. — \n addition to the violation of the

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

a) Any person who removes the election return that is posted on the wall, whether
within or after the prescribed seventy-two (72) hours of posting or defaces the
same in any manner;

b)

Any person who simulates an actual election return, or a print or electronic copy
thereof;

¢)

Any person who simulates the certification in a printed copy of an election retum;

d'

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

e)

The chairman or any member of the board of election inspectors who signs or
authenticates a printed copy of the election retum outside of the polling precinct;

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

g) Any person who removes the certificate of canvass that is posted on the wall,
whether within or after the prescribed seventy-two (72) hours of posting or defaces
the same in any manner;

h) Any person who simulates an actual certificate of canvass or statement of votes,
or a print or electronic copy thereof;

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

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

k

The chairman or any member of the board of canvassers who signs or
authenticates a printed copy of the certificate of canvass or its supporting
statement of votes outside of the canvassing center; and,

!) The chairman or any member of the board of canvassers who signs or
authenticates a printed copy that bears an image different from the certificate of
canvass or statement of votes produced after the canvassing and posted on the
wall.

SEC. 29. Implementing Rules and Regulations. — Immediately upon the

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40
41
42
43

45
46
47

49

approval of this Act, the Commission shall formulate such rules and regulations that will
effectively and securely implement this Act for purposes of the national, local, and ARMM.
elections.

SEC. 30. Project Management Office. - The Commission shall set up a
permanent Project Management Office which shall be directly responsible and vested with
such powers and authority necessary for the installation, activation, monitoring, and
supervision of the entire election infrastructure to insure glitch-free, clean, honest,
transparent, and credible elections.

The Project Management Office shall be headed by a member of the Commission
and assisted by its Executive Director. It shall have other members as the Commission
deems fit and necessary: Provided, that it shall include as members thereof one
representative each from the Department of Science and Technology, the National
Telecommunications Office, and an accredited citizens’ arm not otherwise authorized to
conduct the unofficial count. It shall also have at least three (3) independent members
who shall be selected by drawing of lots from among interested qualified applicants as
recommended by election advocacy groups. The term of office of the members thereof
shall be three (3) years.

Any violation of this Section, or any of its pertinent provisions, shall constitute an
election offense and shall be penalized in accordance with the Omnibus Election Code
and other pertinent election laws.

SEC. 31. Source Code Review. - Once a HES technology is selected for
implementation, the Commission shall promptly make the source code of that technology
available and open to any interested political party or any group which may conduct their
‘own review thereof. The said review shall not be curtailed or restricted in any way.

The Commission shall not in any way curtail the right of such interested political
parties or groups in making known to the public their observations, findings, or comments
about the results of their own review of the source code.

Any violation of this Section, or any of its pertinent provisions, shall constitute an
election offense and shall be penalized in accordance with the Omnibus Election Code
and other pertinent election laws.

SEC. 32. Continuity Plan. - The HES shall be so designed as to include a
continuity plan in case of systems breakdown or any such eventuality which shall result in
the delay, obstruction or nonperformance of the electoral process. Activation of such
contingency or continuity measures shall be undertaken in the presence of
representatives of political parties and accredited citizens’ arms who shall be notified by
the Commission or the election officer, as the case may be, of such activation.

All political parties and party-list organizations shall be furnished copies of said
continuity plan at their official addresses as submitted to the Commission. The
contingency or continuity measures shall be published in at least two (2) newspapers of
national circulation and shall be posted on the official website of the Commission at least
fifteen (15) days prior to the electoral activity concerned.


SEC. 33. Procurement of Equipment and Materials. — The | Commission shall
prescribe the technical specifications for the electronic devices, computer programs,
security and encryption technologies, and other related electronic technologies to be used
for the effective and secure implementation of this Act, with an aim to ensure free, orderly,
peaceful, clean, honest, transparent and credible elections and the speedy determination
of the true results thereof.

The Commission is hereby authorized to procure by purchase, in accordance with
existing laws, equipment, software, facilities, supplies, materials and other services, from
local sources free from taxes and import duties, subject to accounting and auditing rules
and regulations.

The transmission system or infrastructure procured must have successfully
passed the applicable tests prior to their actual deployment for election purposes.

Notwithstanding the provisions of Republic Act No. 9184 and its implementing
rules and regulations, no bidder shall be disqualified from participating in the procurement
of equipment and materials for failing to comply with the Single Largest Completed
Contract requirement thereof.

Any violation of this Section, or any of its pertinent provisions, shall constitute an
election offense and shall be penalized in accordance with the Omnibus Election Code
and other pertinent election laws.

SEC. 34. Appropriations. - The Congress shall provide the necessary
appropriations in a supplemental budget or general appropriations act, as the case may
be, without delay and for purposes of the national, local, and ARMM elections.

SECTION 35. Separability Clause. - If, for any reason, any section or provision
of this Act or any part thereof, or the application of such section, provision or portion is
declared invalid or unconstitutional, the remainder thereof shall not be affected by such
declaration.

SECTION 36. Repealing Clause. — All laws, presidential decrees, executive
orders, rules and regulations, resolutions, ordinances, or circulars or parts thereof which
are inconsistent with the provisions of this Act are hereby repealed or modified accordingly
or declared null and void and inoperative.

SECTION 37. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,