FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'11 
MY 11 P 2 :25 
SENATE 
S.No. 2816 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 5, Section 2, paragraph (I) provides: 
The Congress shall provide a system for securing the secrecy and sanctity 
ofthe ballot as well as a system for absentee voting by qualified Filipinos abroad. 
The May 2010 Presidential Elections cannot be considered a perfectly executed 
implementation of the automated election law. Critics point out the lapses in the way the 
Commission on Elections (Comelec) carried out the last national elections, such as the absence 
of digital signatures and a weak verification system of tile installed software. 
At present, there is no feature that allows for the verification of the software installed in 
the PCOS and CCS machines and all other components of the AES system. The Hash Code 
extracted by (he Forensic Team from the PCOS machines used in Antipolo is not the same as the 
one published on the COMELEC website. The Hash Code of the software in the PCOS machine 
is there to ensure that the same copy of the reviewed software and stored in escrow at the Bangko 
Sentral is the same as tilose installed in more than 76,000 PCOS machines. l 
There is therefore a need to amend the automated election law to safeguard the integrity 
of the electoral process. While the last election may have been considered acceptable, there is 
still a large room for improvement. These proposed anlendments were submitted by the Center 
for People Empowerment and Governance to the Joint Congressional Oversight Committee on 
the Automated Election System. 
I Legislative Proposals to Improve and Enhance the Automated Elections Law (RA 9369) by the Center for People 
Empowerment in Government (CENPEG) 25 April 2011. 
1 


FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
'11 
MAY 11 
P 2 :25 
SENATE 
S. No. 2816 
Introduced by Senator Miriam Defensor Santiago 
1 
AN ACT 
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AMENDING SECTION 6 OF REPUBLIC ACT NO. 8436, ALSO KNOWN AS 
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"AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO USE AN 
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AUTOMATED ELECTION SYSTEM IN THE MAY 11, 1998 NATIONAL OR LOCAL 
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ELECTIONS AND IN SUBSEQUENT NATIONAL AND LOCAL ELECTORAL 
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EXERCISES," AS AMENDED BY REPUBLIC ACT NO. 9369, ON THE 
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MINIMUM SYSTEM CAPABILITIES OF THE AUTOMATED ELECTION SYSTEM 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION 1. Section 6 of Republic Act No. 8436, as amended by Republic Act No. 
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9369, is hereby amended to read as follows: 
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"SEC. 6. Minimum System Capabilities. - The automated election system must at least 
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have the following functional capabilities: 
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(a) 
(b) 
Adequate security against unauthorized access; 
Accuracy in recording and reading of votes as well as 111 the tabulation, 
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consolidation! canvassing, electronic transmission, and storage of results; 
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(c) 
(d) 
Error recovery in case of non-catastrophic failure of device; 
System integrity which ensures physical stability and functioning of the vote 
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recording and connting process; 
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(e) 
[Provision for voter verified paper audit trail] PROVIDE THE VOTER A 
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SYSTEM OF VERIFICATION TO FIND OUT WHETHER OR NOT THE MACHINE HAS 
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REGISTERED 
HIS 
CHOICE, USING ONE OR MORE OF THE FOLLOWING 
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ESTABLISHED VOTER VERIFICATION PROCEDURES: 
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(i) 
VOTER VERIFIED PAPER AUDIT TRAIL (VVP AT) 
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(ii) 
VOTER VERIFIED VIDEO AUDIT TRAIL (VVVAT) 
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(iii) 
VOTER VERIFIED AUDIO AUDIT TRAIL (VV AAT) 
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(iv) 
VOTER VERIFIED BRAILLE AUDIT TRAIL 
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(f) 
System auditability which provides supporting documentation for verifying the 
correctness ofreported election results; 
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(g) 
An election management system for preparing ballots and programs for use in the 
casting and counting of votes and to consolidate, report and display election result in the shortest 
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possible time; 
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(h) 
Accessibility to illiterates and [disabled] DIFFERENTLY -ABLED voters; 
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(i) 
Vote tabulating program for election, referendum or plebiscite; 
lOG) 
Accurate ballot counters; 
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(k) 
Data retention provision; 
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(I) 
Provide for the safekeeping, storing and archiving of physical or paper resource 
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used in the election process; 
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(m) 
Utilize or generate official ballots as herein defined; 
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(n) 
Provide the voter a system of verification to find out whether or not the machine 
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has registered his choice; [and] 
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(0) 
Configure access control for sensitive system data and function; 
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(P) 
PROVIDE A FEATURE THAT WILL ALLOW VERIFICATION IF THE 
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SOFTWARE INSTALLED IN ANY COMPONENT OF THE AES IS ONE AND THE SAME 
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AS THAT HELD IN ESCROW WITH THE BANGKO SENTRAL NG PILIPINAS. THE 
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VERIFICATION CODE SHALL BE PRINTED OUT AND COPIES OF THE PRINTOUT 
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SHALL BE POSTED ON THE DOOR AND WALL OF THE PRECINCT/ CANVASSING 
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CENTER. THE VERIFICATION SHOULD BE PART OF THE INITIALIZATION 
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PROCEDURE EXECUTED BY THE BEl OR BOC; 
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(Q) 
PROVIDE THE CAPABILITY OF DIGITAL SIGNING OF ALL SOPTCOPY 
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DOCUMENTS (ER, COC, SOV, ETC) USING COMPUTER-INDUSTRY-STANDARD 
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SECURE PRIVATE-PUBLIC KEY CRYPTOSYSTEM THAT UTILIZES ESTABLISHED 
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CERTIFICATE AUTHORITIES OR DTI-ACCREDITED CERTIFICATE AUTHORITY; AND 
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, 
(R) 
PROVIDE THE CAPABILITY OF DIGITAL SIGNING OF ALL SOFTCOPY 
2 
DOCUMENTS USING SIGNING HARDWARE THAT DOES NOT COMPROMISE THE 
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PRIVATE KEY OF THE SIGNER, SUCH AS BY EMPLOYING PROCESSOR SMART 
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CARDS FOR REACH SIGNER AND PROCESSOR SMART CARD READERS FOR EACH 
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COMPUTER EQUIPMENT. 
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In the procurement of this system, the Commission shall develop and adopt an evaluation 
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system to ascertain that the above minimum system capabilities are met. This evaluation system 
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shall be developed with the assistance of an advisory council. THE COMMISSION IS 
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REQUIRED TO PROCURE COMPUTER HARDWARE AND SOFTWARE SYSTEMS THAT 
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INCLUDE ALL OF THESE CAPABILITIES." 
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SECTION 2. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
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with, the provisions of this Act is hereby repealed, modified or amended accordingly. 
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SECTION 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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