Republic of the Philippines
HOUSE OF REPREPRESENTATIVES
Quezon City

Fifteenth Congress
First Regular Session

3149

House Bill No.

Introduced by HON. MARC DOUGLAS IV C. CAGAS.

EXPLANATORY NOTE

Since the inception of the Republican System, earmarked as an integral
component of Democracy, the then newly introduced system of choosing the
set of people who will govern the entire body polity has already been pre-
organized, its precepts carefully pre-assembled, fraudulently mechanized, so
as to be capable of being manipulated by the decadent powerful one way or
another

Later to be widely and most commonly referred to as the “Elections”,
this democratic exercise has been abused by crooks to amass power, fame and
wealth by all means necessary, including the employment of force and threats,
only to be proclaimed the victor in the battle.

More often than not, the term election is interchangeably portrayed as,
and or more commonly associated with violence, fraud and corruption.
Everywhere Elections is in action, fraudulent machinations to manipulate the
results always ensue. Accordingly, not a single democratic jurisdiction
anywhere in the world can say that their electoral exercises have not been
visited by any form of fraud and violence.

In the Philippine settings, the exercise of the Constitutional Right to
Suffrage has never been easy and peaceful too. Rampant open-ballot-vote-
buying, ballot switching and snatching, countless acts of clection-related
terrorism, political killings, are just some of the noted events that transpire
every time elections are being held. As a matter of fact, these scenarios are the
most favorite issues commonly seen in all election protests filed by adverse
political rivals due to its rampant occurrence.

Some say that as long as the procedure, mechanics, operation and the
parameters of holding the elections involve human discretion, election related
fraud and massive cheating will always be present. If there is present, human
volition, that maybe subjected to control, then no amount of remedy however


expensive it will be that will work to combat all these election related
maladies.

Ergo, following the successful shift of procedure from manual to
electronic system done in many countries today, our government has tried to
modify our long, fraud —prone and cumbersome manual system of elections,
hoping that the aforesaid dilemma would be stopped. Apart from the
expensive costs of the machines that require to be in such number as to negate
the disenfranchisement of people in the far flung suburbs and barrios; the
relatively inexperienced agencies that will coordinately work for the launching
of the first ever automated elections in the country; the dearth in information
technology- man power who will be responsible for the trouble-shooting of the
machines in case they back down during the elections; the adoption of the new
election system was certainly forthcoming. The government was so adamant
to bid farewell to all those election controversies in the manual system, even if
it will mean spending billions of hard earned tax payers’ money.

Come May 10, 2010 synchronized National and Local Elections, the
people of the Philippines took part in the historic launching and holding of the
first ever automated elections in the country,

However, what was perceived to be the ultimate solution to forestall
poll cheating customarily practiced in our country, proved to be not entirely
correct. The automated election system was not spared by electoral fraud as
well. Albeit the cause for fraud is not something attributable to human
discretion like that in the manual system, the same solicited countless
disappointments from the voting public. Everything, starting from electronic
registration of voters, to an unorganized voters’ list, isolated cases of failure of
scanning, printing and consolidating of electronic returns, to unexplained
possession of Smartmatic Flash Cards in the hands of candidates were just
some of the noted problems. Interestingly though, noted by numerous critics,
the predicaments encountered in the operation of the automated system in the
recent national and local elections, were not as severe as those encountered in
the past.

Commensurate with the plight of the discontented few, is the
overwhelming satisfaction of the contented many. Counting of votes and the
proclamation of winners came quick unlike in the past, when counting and
canvassing could reach up to a month after the election day. Terrorism and
ballot switching were minimized because electronic results will be transmitted
through networking apart from the required personal delivery of the
authorized custodian to canvassing centers as mandated by law.

Everything in the operation of the automated system seemed fine save
of course to some technical issues that under the circumstances, may be
absolved as excusable mistakes. This is the first time that automated elections
were held in the country, and, albeit said excusable mistakes should be
rectified, the same was somewhat expected as a calculated risk. What can we
do, apart from the long and arduous preparations that the government has
gone through; mistakes are always bound to happen.



The legal as well as political experts linked the law authorizing the
automated election system itself as the one that caused all the imperfections.
It is submitted that with the comprehensive input that the law requires,
coupled with the fast approaching election time, Congress has overlooked the
inclusion of material components in the law.

Time and again, Congress should be called to rectify an apparent
mistake. In order not to fail the constitutionally guaranteed rights of the
citizens to vote for their chosen candidates during clections, it is high time
that the law authorizing the automated election system be amended.

In view of the foregoing, passage of the amendatory law is highly
sought.

ao

MARC DOUGLAS C, CAGAS.


Republic of the Philippines
HOUSE OF REPREPRESENTATIVES
Quezon City

Fifteenth Congress
First Regular Session

3149

House Bill No.

Introduced by HON. MARC DOUGLAS IV C. CAGAS

AN ACT AMENDING THE AMENDATORY REPUBLIC ACT 9369,
OTHERWISE KNOWN AS THE AUTOMATED ELECTION LAW,
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7166 AND
OTHER RELATED ELECTION LAWS, PROVIDING FUNDS
‘THEREFOR AND FOR OTHER PURPOSES.

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

Section 1. Title. - This ACT shall be known as the Amendatory
Automated Elections Act of 2010.

Section 2. Section 7 of Republic Act 9369 amending Section 6 of
Republic Act 8436 is hereby further amended and/or
supplemented to read as follows:

“Sec 6 Minimum System Capabilities. "The
automated election system must at least have the
following functional capabilities:

-XXX-

() System auditability which provides
supporting documentation for verifying the
correctness of reported election results,
especially the required official and
designated signatures and indication
of transmission and printing time of
election returns;


Xxx

Section 3. Section 8 thereof amending for that matter Section 7 of is
Republic Act 8436 is hereby further amended to read as
follows:

"Sec. 7. Communication Channels for
Electronic Transmissions. - All electronic
transmissions by and among the AES and its
related components shall utilize _pre-
designated secure communication channels
as recommended and officially designated by
the Advisory Council, to. ensure
authentication —_ and integrity of
transmissions.”

Section 4. The third(3*) to the last paragraph of Section 9 amending
Section 8 of Republic Act 8436 is hereby further amended
to read as follows:

"Sec. 8. The Advisory Council. - The
Commission shall create an Advisory Council,
hereafter referred to as the Council, which
shall be convened not later than eighteen (18)
months prior to the next scheduled electoral
exercise, and deactivated six months after
completion of canvassing: Provided, for
purposes of the 2007 elections, the Advisory
Council shall be immediately convened within
ten (10) days after the effectivity of this Act.

xxx
XXX
XXX

"Any violation of the two immediately
preceding paragraphs shail disqualify said
member from the Advisory Council and shall
be punishable as provided in this Act and
shall be penalized in accordance with the
Anti-Graft_ and Corrupt Practices Act and
other related laws. Said disqualified member
shall not be eligible for re-appointment in
such capacity in the future.

2x


XXX

Section 5. Section 10 thereof amending for that matter Section 8 of
Republic Act 8436 is hereby further amended to read as
follows:

"See. 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 rules and regulations. With respect to the
May 10, 2010 elections and succeeding electoral
exercises, the system procured, or any systems
enhancements consistent with process
improvement specifically to ballot
appreciation, transmission and tracking,
must have demonstrated capability following
simulation exercises using actual paper
with the quality, size and weight of the
ballots to be used on election day, and been
successfully used in a prior electoral exercise here
or abroad. Participation in the 2007 pilot exercise
shall not be conclusive of the system's fitness.

Failure of the system to generate expected
results is a ground to nullify the purchase,
subject to indemnity in favor of the
government, and would authorize the
Commission on Elections to adopt an
alternative measure in the exigency of
condueting a free, honest and credible
elections.

Section 6. The last paragraph of Section 20 thereof amending for
that matter Section 21 of Republic Act 8436 is hereby
further amended to read as follows:

“Sec. 25. Canvassing by Provincial, City,
District and Municipal Boards of Canvassers.

"The city or municipal board of canvassers
shall canvass the votes for the president, vice-
president, senators, and _ parties,
organizations or coalitions _ participating


under the party-list system by consolidating
the electronically transmitted results or the
results contained in the data storage devices
used in the printing of the- election returns.
Upon completion of the canvass, it shall print
the certificate of canvass of votes for
president, vice-president, senators and
members of the House of Representatives and
elective provincial officials and thereafter,
proclaim the elected city or municipal
officials, as the case may be.

xxx
2x

"The certificates of canvass transmitted
electronically and digitally signed, reflecting
the corresponding transmission and
printing time, shall be considered as official
election results and shall be used as the basis
for the proclamation of a winning candidate.”

Section 7. Section 24 thereof creating new Section 29 of Republic
Act 8436 is hereby further amended to read as follows:

"Sec. 29. Random Manual Audit. - Where the AES
is used, there shall be a random manual audit in
‘one precinct per congressional district randomly
chosen by the Commission in each province and
city. Any difference between the automated and
manual count will result in the determination of
root cause and initiate a manual count for those
precincts affected by the computer or procedural
error, subject to the applicable statistical
and operational standards set for the
purpose by the COMELEC, after due
recommendation from the Advisory
Council.”

Section 8. Section 28 thereof amending for that matter Section 29 of
Republic Act 8436 is hereby further amended and
supplemented to read as follows:

“Sec. 35. Prohibited Acts and Penalties. The
following shall be penalized as provided in
this Act, whether or not said acts affect the
electoral process or results:


(a) Utilizing without authorization, tampering
with, damaging, destroying or stealing:

Xxx
Xxx

(3) The supporting documentation for
verifying the correctness of reported election
results, especially the required official and
designated signatures and _ indication of
transmission and printing time of election returns.

XXX

The last paragraph thereof is hereby further
amended to read as follows:

"Any person convicted for violation of this Act,
except those convicted of the crime of
electoral sabotage, shall be penalized with
imprisonment of twelve (12) years and one
day to fifteen (15) years without possibility of
parole, and perpetual disqualification to hold
public office and deprivation of the right of
suffrage. Moreover, the offender shall be
perpetually disqualified to hold any non-
elective public office.’

Section 9. Section 42 thereof amending Section 27 (b) of Republic
Act No. 6646 is hereby amended to read as follows:

»¢. 27. Election Offenses; Electoral Sabotage. - In
addition to the prohibited acts and election
offenses enumerated in Sections 261 and 262 of
Batas Pambansa Blg. 881, as amended, the
following shall be guilty of an election offense or a
special election offense to be known as electoral
sabotage, subject to the penalty provided herein:

"(a)xxx

(b) Any person or member of the board of election
inspectors or board of canvassers who tampers,
increases or decreases the votes received by a
candidate in any election or any member of the
board who refuses, after proper verification and
hearing, to credit the correct votes or deduct such
tampered votes: Provided, however, That when the
tampering, increase or decrease of votes or the


Section 10.

Section 11.

refusal to credit the correct votes and/or to deduct
tampered votes are perpetrated on a large scale or
in substantial numbers, the same shall be
considered, not as an ordinary election offense
under Sections 261 and/or 262 of the omnibus
lection code, but a special election offense to be
known as electoral sabotage and the penalty to be
imposed shall be life imprisonment.

“The act or offense committed shall fall under the
category of electoral sabotage in any of the
following instances;

"(1) When the tampering, inc
of votes perpetrated or the refusal to credit the
correct votes or to deduct tampered votes, is/are
committed in the election of a national elective
office which is voted upon nationwide;

"(2) Regardless of the clective office involved,
when the tampering, increase and/or decrease of
votes committed or the refusal to credit the correct
votes or to deduct tampered votes perpetrated, is
accomplished in a single election document or in
the transposition of the figures/results from one
election document to anoth

Provided finally, That any and all either persons or
individuals determined to be in conspiracy or in
connivance with the members of the BEIs or BOCs
involved, shall be meted the same penalty of life
imprisonment.”

Appropriations. - To carry out the provisions of this Act,
the amount necessary for the automated system shall be
charged against the current year's appropriations of the
Commission.

Thereafter, such sums as may be necessary for the
continuous implementation of this Act shall be included
in the Annual General Appropriations Act.
If the said funds shall not be fully utilized, the same shall
continue to be appropriated for the electoral
modernization and shall not revert to the General Fund.

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



Section 12.

Section 13.

Approved:

Repealing Clause. - All laws, presidential decrees,
executive orders, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

Effectivity. - This Act shall take effect fifteen (15) days
after its publication in a newspaper of general circulation.