SEVENTEENTH CONGRESS OF THE }
REPUBLIC OF THE PHILIPPINES }

Third Regular Session } "8 WY 2B Oy

SENATE he J -

S.B. No. 1858

INTRODUCED BY SENATOR VICENTE C. SOTTO III

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

EXPLANATORY NOTE

The conduct of the past national and local elections was plague with
numerous unresolved issues and irregularities. These problems allegedly
altered the results of the 2016 election.

As what I have revealed during my privilege speech last March 6,
2018, in the 2016 elections, a series of early transmissions of votes can be
seen from the logs of the COMELEC servers. These transmissions happened
on May 8, 2016 and in the very early morning of May 9, 2016, prior to the
official start of the elections. The transmissions were done to different
municipal and provincial board of canvassers in Luzon, Visayas and
Mindanao. There is no way that these are only testing transmissions for the
reason that the testing period already ended on April 23, 2016.



According to the NAMFREL Report for the 2016 National and Local
elections, the integrity of our Automated Election System was undermined.
This is due to an intrusion of an unauthorized transparency queue server

while the system is actively receiving data.

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

transmitted electronically.

‘This mode will strengthen the integrity of the elections and forego with
the issues like early and inaccurate transmission of votes. With this hybrid
system of manual voting and counting at the precinct level and automated
transmission and canvassing, the 2019 and all subsequent elections will
surely be accurate and transparent. Hence, the passage of this bill is
earnestly sought.

N
1

[CENTE C. SOTTO III



SEVENTEENTH CONGRESS OF THE }
REPUBLIC OF THE PHILIPPINES }
Third Regular Session } “

“5 IN 28 PA 46

SV

SENATE

S.B. No. 1858

INTRODUCED BY SENATOR VICENTE C. SOTTO III

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:

1 SECTION 1. Title. - This Act shall be known as the “The Hybrid Election
2 Act of 2018”.

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

6 local elections thereafter.

8 SECTION 3. Filing of Certificates of Candidacy. - The certificate of
9 candidacy of any person running for the office of President, Vice-President,
10 Senator, member of the House of Representatives, party-list representatives
1 or any elective provincial, city or municipal official shall be filed in five (5)
12. legible copies with the offices of the Commission specified hereunder not


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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 elections.

(a) The certificate of candidacy for President, Vice-President, Senators
and party-list representatives shall be filed with the main office of the

Commission in Manila;

(b) The certificate of candidacy for the members of the House of
Representatives shall be filed with the provincial election supervisor of
the province concerned. Those for legislative districts in the National
Capital Region shall be filed with the regional election director of 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 concerned;

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

(d) The certificate of candidacy for city or municipal offices shall be filed

with the city or municipal election officer concerned.

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



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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 mail, telegram or facsimile.

SECTION 4. Official Ballots.-

(a) Ballots for national and local elections, regular or special, plebiscites and
referenda, shall be of uniform size and shall be prescribed by the
Commission, taking into consideration environmental considerations,
with a reasonable minimum paper size and using only recycled paper.
They shall be printed in black ink on security paper with distinctive,
clear and legible watermarks that will readily distinguish it from ordinary
paper. Each ballot shall be in the shape of a strip with stub and
detachable coupon containing the serial number both on the upper and
lower detachable coupon of the ballot, and a space for the thumbmark of
the voter on the detachable coupon. It shall bear at the top of the middle
portion thereof the coat-of-arms of the Republic of the Philippines, the
word "Official Ballot," the name of the city or the municipality and
province in which the election is to be held, the date of the election, and
the following instruction in English: "Fill out this ballot secretly inside
the voting booth. Do not put any distinct mark on any part of this ballot."

(b) The official ballot shall be serially numbered and shall be delivered to and
correspond to specific precincts or cluster or precincts, as the case 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
may be, shall be available for viewing by interested parties on the

Commission’s official website at least five (5) days before the elections.



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

and actual bar codes for authentication.

(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 to vote, shall
constitute an election offense, as provided in this Act.

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

() 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. The Commission should use or adopt the latest
technological and electronic devices in connection therewith, as to enable
such illiterate or specially abled voter to confirm that the accompanying
person truly adhered to the voter’s choice of candidates, as provided

under Section 52(i) of the Omnibus Election Code.



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

valid accreditation pursuant to any law, rules or regulation.

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

sabotage and a conspiracy to commit massive electoral fraud.

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

closing of the polls.

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



offense punishable under Section 263 and 264 the Omnibus Election Code.
Before the start of the counting, the chairman shall first ascertain whether
the back of every ballot contains the signatures of the chairman and
watchers as required by Section 5 hereof. Any ballot without the required
signatures shall be rejected.

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

authorized watchers, as provided under Section 8 hereof.

b. After the reading of the votes for the national positions and the party
list, the chairman shall then proceed with the reading of the votes for
the local positions and the corresponding election return shall be 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.

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

shall be within close view of the watchers and the public.



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

Commission.

The Commission, in the interest of free, orderly, and honest election, may
authorize the board of election inspectors to count the votes and to
accomplish the election return and other forms prescribed under the code in
any other place within a public building in the same municipality or city on
account of imminent danger of widespread violence or similar causes of
comparable magnitude: Provided, That the transfer shall been recommended
in writing by the board of election inspectors by unanimous vote and
endorsed in writing by the majority of watchers present: Provided, further,
that the said public building shall not be located within the perimeter of or
inside a military or police camp, reservation, headquarters, detachment or
field office nor within the premises of a prison or detention bureau or any

law enforcement or investigation agency.

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

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

The returns shall also show the date of the election, the polling place, the
barangay and the city or municipality in which it was held, the total number



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

inspectors.

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

special kind of paper.

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 return as provided
below. Likewise, the laptop shall be configured to confine its operation only
for this purpose and to transmit the results of the counting to a secure

server as hereinafter prescribed.



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

copies of the manual election return.

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

authenticate the same as prescribed above. When there is no more



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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 returns 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.


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

If the signatures and/or thumbmarks of the members of the board of
election inspectors or some of them as required in this provision are missing
in the election returns, the board of canvassers may summon the 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
return to the board of election canvassers upon the request of any interested

candidate.

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

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

Commission.

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

of election returns as follows:

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(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
digitally captured and printed, shall be delivered to city or municipal
board of canvassers immediately after the closing of the polls;

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

polling place;

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

Senate;
(4) The fourth copy, to the Commission;

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

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

Commission in accordance with law;

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

(8) The eighth 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 Bldg. 881; and

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

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

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produced for image or data capturing as may be requested by any voter or
any lawful purpose as may be ordered by competent authority.

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

a competent authority.

The Thirty (30) certified print copies of the election return for national

positions shall be distributed as follows:

(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;



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(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;

() 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;

() 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;


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

SECTION 13. Canvassing by Provincial City, District, and Municipal
Board of Canvassers. - a) The city or municipal board of canvassers shall
canvass the electronically transmitted election return for President, Vice-
President, Senator, party-list representatives and Members of the House of
Representatives and for elective provincial and city or municipal officials:
Provided, That the returns for national positions shall be canvassed first.
Upon completion of the canvass, it shall prepare the certificate of canvass
for Representatives and elective provincial officials, announce the results of
the election for national positions in the city or municipality and, thereafter,

proclaim the elected city or municipal officials, as the case may be.

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

elected members of the House of Representatives and city officials.

c) (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-

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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-President, Senator, party-list representatives and
Members of the House of Representatives submitted by the municipal board
of canvassers of the component municipalities. Upon completion of the
canvass, it shall prepare a certificate of canvass for President, Vice
President, Senator, and party-list representatives, announce the results of
the election for national positions in the district, and thereafter, proclaim
the elected Member of the House of the Representatives in the legislative

district.

(4) 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

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the certificates of canvass for national position shall be canvassed first.
Upon completion of the canvass, it shall prepare the certificate of canvass
for President, Vice-President, Senators and party-list representatives,
announce the results of the election for national position in the province,
and proclaim the elected members of the House of Representatives and

provincial officials as well as the plebiscite results, if any.

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

equipment for this purpose.

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

front of the printed copy.

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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.

SECTION 14. Number of Copies of Certificate of Canvass and their
Distribution. - a) the certificate of canvass for president, vice-president,
senator and member of the house of Representatives and elective provincial
official shall be prepared in seven copies by the city or municipal board of

canvassers and distributed as follows:
(1) The first copy shall be delivered to the provincial board of canvassers for
use in the canvass election results for President, Vice-President, Senator
and Member of the House of Representatives and elective provincial officials:

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

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

canvassing center;



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

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

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

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

President;

(2) The second copy shall be sent to the Commission for use in the canvass

of the election results for Senators;

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

canvassing center;

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

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

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

any voter or for any lawful purpose as may be ordered competent authority.

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

or when ordered by a competent authority.

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

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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;

(4) 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 Blg. 881; and

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

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

the existence of the discrepancy.

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

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

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

When it appears that any certificate of canvass including other duly certified
printed copies thereof or supporting statement of votes by city or
municipality or by precinct bears 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 return,
certificate of canvass or statement of votes, or a printed copy of an election
return, certificate of canvass or statement of votes bearing a simulated
certification or a simulated image, shall be guilty of an election offense shall

be penalized in accordance with Batas Pambansa Blg. 881.

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

and integrity of transmission.

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The Commission is hereby authorized to procure the necessary equipment,
facilities and services for putting up the electronic transmission system in

order to effectively implement the provisions of this act.

Electronic transmission of the election returns and such other related
documents from the precinct level shall be forwarded to the COMELEC office
and to the national broadcast or print media entities as may be equitably be
determined by the COMELEC.

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

SECTION 18. Election Offenses under this Act.- In addition to the
violations of the pertinent provisions of this Act, the following shall also
constitute election offenses:

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

(b) Any person who simulates an actual election return, 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
the wall on which it had been posted other than for the purpose of
immediately transferring it to a more suitable place;

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(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

() 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;

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

statement of votes;

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

more suitable place;

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

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

wall.

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

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

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

declared null and void and inoperative.

Approved,

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