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

Nineteenth Congress
Third Regular Session

10683

HOUSE BILL NO.

Introduced by Representative MA. VICTORIA CO-PILAR

EXPLANATORY NOTE

The exercise of suffrage is a cornerstone of democratic integrity, embodying the spirit and
progress of our nation. Ensuring the sanctity of this constitutional right is a paramount duty that
demands continuous innovation and legislative oversight. Elections are complex processes that are
shaped as time progresses, it becomes a social process defined by contexts and previous electoral
processes that augmented the right to suffrage and complemented democracy in action.

The current Automated Election System (AES) Law, Republic Act No. 9369, classifies and
determines pre-conditions on the AES system that the Commission on Election shall approve and
authorize for use. However, the current provision on its demonstrated capability requirement to have
been successfully used in a prior electoral exercise “here or abroad,” mitigates the chances of
competition and participation for AES and AES System providers. Amending the law would enable
potential providers, who meet all technical requirements and conditions set forth under the law, to
have the equal opportunity to be considered by COMELEC.

Therefore, this bill proposes amendments to the law to modernize and enhance the integrity of
the electoral process in response to technological advancements and identified vulnerabilt in the
current system. The proposed amendments not only aim to ensure that the AES used in national and
local elections is robust, reliable, and capable, but inclusive and transparent, hence reflecting the will
of the electorate. Notably, this bill seeks to level the playing field by promoting equal opportunities for
domestically developed election technologies to participate in the AES procurement process.

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

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

Nineteenth Congress
Third Regular Session

HOUSE BILL NO. —~ 1068 3

Introduced by Representative MA. VICTORIA CO-PILAR

AN ACT

AMENDING REPUBLIC ACT NO. 9369, ENTITLED “AN ACT AUTHORIZING THE

COMMISSION ON ELECTIONS TO USE AN AUTOMATED ELECTION SYSTEM (AES) IN
THE NATIONAL OR LOCAL ELECTIONS AND IN SUBSEQUENT NATIONAL AND LOCAL
ELECTORAL EXERCISES, TO ENCOURAGE TRANSPARENCY, CREDIBILITY, FAIRNESS
AND ACCURACY OF ELECTIONS, AMENDING FOR THE PURPOSE BATAS PAMBANSA
BLG. 881, AS AMENDED, REPUBLIC ACT NO. 7166 AND OTHER RELATED ELECTION LAWS,
PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES,” AS AMENDED

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

SECTION 1. Section 2 of Republic Act No. 9369, as amended, is hereby further amended to read
as follows:
“SEC. 2. Definition of Terms. - As used in this Act, the following terms shall mean:

1. Automated election system, hereinafter referred to as AES - a system using
appropriate technology {which-has-been-demonstratd-in-the voting counting
election-results,| WITH PROVEN
CAPABILITY TO PERFORM THE COUNTING OF VOTES and other electoral
processes, INCLUDING SYSTEMS DEVELOPED LOCALLY OR ABROAD.

12. DIGITAL OR OTHER RESOURCES - REFER TO ANY ELECTRONIC OR
DIGITAL TOOLS AND MATERIALS USED AS MEANS TO SUPPLEMENT
THE ELECTION PROCESS.

SEC 2. Section 7 of Republic Act No. 9369, as amended, is hereby further amended to read as
follows:
"Sec. 6. Minimum System Capabilities, - "The automated election system must at least
have the following functional capabilities:

(I) Provide for the safekeeping, storing and archiving of physical [or] paper,
DIGITAL OR OTHER resourceS used in the election process;



SEC 3. Section 9 of Republic Act No. 9369, as amended, is hereby further amended to read as
follows:

SEC 4. Section 10 of Republic Act No. 9369, as amended, is hereby further amended to read as
follows:

“In the procurement of this system, the Commission shall develop and adopt an
evaluation system to ascertain that the above minimum system capabilities are
met. This evaluation system shall be developed with the assistance and discretion
of what the advisory council may deem fit.”

“New section 8,9, 10 and 11 are hereby provided to read as follows:
“SEC. 8. The Advisory Council, xxx

"(a) The {Chairman—of—the—Commission—on}] SECRETARY OF THE
DEPARTMENT OF Information and Communications Technology (DICT) who
shall act as the chairman of the council;

“SEC. 10. The Technical Evaluation Committee, - The Commission, in collaboration
with the chairman of the Advisory Council, shall establish an independent
technical evaluation committee, herein known as the Committee, composed of [a]
ONE representative each from the {Commission the Commission-on- Information
and-Communications Technology} and the Department of Science and Technology
who shall act as chairman of the Committee, THE DICT, FROM THE ACADEME,
INFORMATION AND INDUSTRY COUNCIL GROUP, OR THE CITIZEN’
ARM. THE COMMISSION SHALL PROVIDE FULL SUPPORT NEEDED BY
THE COMMITTEE IN FULFILLING ITS ACTIVITIES

“SEC. 11. Functions of the Technical Evaluation Committee. - The Committee shall
certify, through fan-established-international] A QUALIFIED certification entity
to be chosen by the Commission from the recommendations of the Advisory
Council, not later than three months before the date of the electoral exercises,
categorically stating that the AES, including its hardware and software
components, is operating properly, securely, and accurately, in accordance with
the provisions of this Act based, among others, on the following documented
results:

“SEC. 12. Procurement of Equipment and Materials. - To achieve the purpose of this
Act, the Commission is authorized to procure, in accordance with existing laws,
by purchase, lease, rent or other forms of acquisition, supplies, equipment,
materials, software, facilities and other services, from local or foreign sources free
from taxes and import duties, subject to accounting and auditing 1 rules and
regulations. {With a cl n
exereises—the} THE system Proce must have _Hemoncrt ‘PROVEN
capability °

fitness, WITH SPECIFICATIONS TO BE DETERMINED BY THE
COMMISSION, FOLLOWING THE GENERAL REQUISITES BELOW, AS IT
DEEMS APPROPRIATE AND PRACTICAL FOR THE PROCESS OF VOTING,
COUNTING OF VOTES, CANVASSING OR CONSOLIDATION, AND
TRANSMITTAL OF RESULTS OF ELECTORAL EXERCISES.



THE GENERAL REQUISITES SPECIFYING “PROVEN” CAPABILITY ARE

AS FOLLOWS:

1 SECURITY, TRANSPARENCY, AND CREDIBILITY ASSURANCE.
2 INCLUSIVE PREFERENCE ON SYSTEM PROCUREMENT.

3. COST-EFFECTIVENESS.

4, INTEROPERABILITY.

5. RELIABILITY.

6. ACCESSIBILITY AND USER FRIENDLINESS.

7. FEASIBLE PILOT-TESTING.

8. RELIABLE TECHNICAL MAINTENANCE AND SUPPORT.

Xxx,

SEC 5. Section 12 of Republic Act No. 9369, as amended, is hereby further amended to read as
follows:
“SEC. 14. Examination and Testing of Equipment or Device of the AES and Opening of
the Source Code for Review. —xxx

xxx
Xxx

"Once an AES technology is selected for implementation, the Commission shall
{promptly}, WITHIN THIRTY (30) CALENDAR DAYS FROM THE SIGNING
OF THE CONTRACT, make the source code of that technology available and
open to any interested political party or groups which may conduct their own
review thereof."

SEC 6. Implementing Rules and Regulations - Within sixty (60) days from the effectivity of this
Act, the Commission shall promulgate the necessary rules and regulations for the effective
implementation of this Act.

SEC 7. Separability Clause - If any provision or part hereof, is held invalid or unconstitutional,
the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.

SEC 8. Repealing Clause - Any law, presidential decree or issuance, executive order, letter of
instruction, administrative order, rule or regulation contrary to or inconsistent with the provision of

this Act is hereby repealed, modified, or amended accordingly.

SEC 9. Effectivity Clause - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,