EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
SENATE
HE
S.B. No. 1950
(In substitution of S. B. Nos. 7, 221, and 809)
ntbcivcu
t5o E-FILED 2Z|
I lii Pi A T PT..Dec 14 2020 fTJI
...........
time:, 11-15a.m.
by:
&1U
mOEX.
Prepared by the Committees on Electorai Reforms and People's Participation 
and Finance with Senators Sotto, Villar, and Marcos as authors thereof
AN ACT
PROVIDING FOR THE CONDUCT OF HYBRID NATIONAL, LOCAL, AND 
BANGSAMORO AUTONOMOUS REGION IN MUSLIM MINDANAO (BARMM) 
ELECTIONS, THROUGH MANUAL-AUTOMATED VOTING, COUNTING, 
CANVASSING, CONSOLIDATION, AND TRANSMISSION, AMENDING FOR 
THE PURPOSE REPUBLIC ACT NO. 8436, AS AMENDED,
AND FOR OTHER PURPOSES
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress 
assembled:
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SECTION 1. Title. - This Act shall be known as the "HybridElection Act.
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SEC. 2. Coverage. - The coverage of the provisions of this Act shall be
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applicable to the conduct of the elections on May 2022 and all national, local, and
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Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) elections thereafter.
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SEC. 3. Section 1 of Republic Act No. 8436, as amended, is hereby amended
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to read as follows:


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"SECTION 1. Declaration of Policy. — It is the policy of the 
State to ensure free, orderly, honest, peaceful, credible and informed 
elections, plebiscite, referenda, recall and other similar electoral 
exercises by improving on the election process and adopting systems, 
which shall involve the use of [aft automated] A HYBRID election 
system that will ensure the secrecy and sanctity of the ballot and all 
election, consolidation and transmission documents in order that the 
process shall be transparent and credible and that the results shall be 
fast, accurate and reflective of the genuine will of the people. THE 
HYBRID ELECTION SYSTEM SHALL BE A COMBINATION OF 
THE AUTOMATED ELECTION SYSTEM AND THE MANUAL 
ELECTION SYSTEM TO ENSURE TRANSPARENCY AND 
CREDIBILITY OF THE ELECTORAL PROCESSES.
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The State recognizes the mandate and authority of the 
Commission to prescribe the adoption and use of the most suitable 
technology of demonstrated capability taking into account the situation 
prevailing in the area and the funds available for the purpose."
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SEC. 4. Section 2 of Republic Act No. 8436, as amended, is hereby amended
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to read as follows:
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"SEC. 2. Definition of Terms. - As used in this Act, the following 
terms shall mean:
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"1. [Automated] HYBRID election system, hereinafter 
referred to as [AES] HES - a system using appropriate technology 
which has been demonstrated in the voting, counting, consolidating, 
canvassing, and transmission of election results, and other electoral 
processes BUT ALSO UTILIZES MANUAL COUNTING TO ENSURE 
TRANSPARENCY AND CREDIBILITY OF THE ELECTORAL 
PROCESSES;


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"2. Electronic transmission - conveying data in electronic 
form from one location to another;
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"3. Official ballot - [Wherc-AES is utilizcd>- rcfcrs] REFERS 
to the paper ballot, whether printed or generated by the technology 
applied, that faithfully captures or represents the votes cast by a voter 
recorded or to be recorded in electronic form;
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"4. Election returns - A) a document in electronic and 
printed form directly produced by the counting or voting machine, 
showing the date of the election, the province, municipality and the 
precinct in which it is held and the votes in figures for each candidate 
in a precinct [in-arcaG where-AES-is-utilizcd] AND B) A DOCUMENT 
IN PRINTED FORM AND MANUALLY ACCOMPLISHED FOR 
PURPOSES OF REFLECTING THE MANUAL COUNT OF THE 
VOTES AT THE POLLING PRECINT, SHOWING THE DATE OF 
THE ELECTION, THE PROVINCE, MUNICIPALITY, AND THE 
PRECINT IN WHICH IT IS HELD AND THE VOTES IN FIGURES 
FOR EACH PRECINT;
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"5. Statement of votes - a document containing the votes 
obtained by candidates in each precinct in a city/municipality;
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"6. City/municipality/district/provincial certificate of canvass 
- a document in electronic and printed 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;


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"7. Paper-based election system - a type of automated 
election system that uses paper ballots, records and counts votes, 
tabulates, consolidates/canvasses and transmits electronically the 
results of the vote count;
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I?1®;—Blr-ec-t-focording olGctronic election-system—a-type-of 
automated-election system that uses clGctronic ballots/records and
eeunts-votes by means of a ballot-display provided with-mechanical or
electro-optical ■ components that—can ■■■be activated-by ' the voter,
processes-data-by means of a computer program,-recerds-veting-data
and ballot- images, and transmits voting-results electronically;]
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"[9]8. Counting center - a public place within the 
city/municipality, or in such other places as may be designated by the 
Commission where the official ballots cast in various precincts of the 
city/municipality shall be counted. Polling places or voting centers may 
also be designated as counting centers;
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"[i0]9. 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 [AES] HES;
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. "[•H-.-Disobled-voters—o-person with-impoired-capacity to use 
thcT^VES];
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"[45]10. Source code - human readable instructions that define 
what the computer equipment will do; and
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"[iSjll. Station - refers to a polling place, counting center, 
municipal or provincial canvassing center."


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SEC. 5. Section 3 of Republic Act No. 8436, as amended, is hereby amended
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to read as follows;
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"SEC. 3. Board of Election Inspectors. — [Wherc-AES shall bo 
adopted,-at least] AT LEAST one member of the Board of Election 
Inspectors shall be an information technology-capable person, who is
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trained or certified by the (BQST) DICT to use the [AES] HES. Such 
certification shall be issued by the (DOST) DICT, free of charge."
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SEC. 6. Section 4 of Republic Act No. 8436, as amended, is hereby amended
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to read as follows:
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"SEC. 4. Information Technology Support for the Board of 
Canvassers. — [To -impIcment-thG--AES,--each] EACH board of 
canvassers shall be assisted by an information technology-capable 
person authorized to operate the equipment adopted for the elections. 
The Commission shall deputize information technology personnel from 
among the agencies and instrumentalities of the government. 
Including government-owned and controlled corporations. The per 
diem of the deputized personnel shall be the same as that of the 
members of the board of canvassers."
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SEC. 7. Section 5 of Republic Act No. 8436, as amended, is hereby amended
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to read as follows:
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"SEC. 5. Authority to use [■an-Automatcd] A HYBRID Election 
System. — To carry out the above-stated policy, the Commission on 
Elections, herein referred to as the Commission, is hereby authorized 
to use [an-Qutomatcd] A HYBRID election system or systems in the 
same election in different provinces[,]. THE SYSTEM SHALL BE A 
COMBINATION OF THE AUTOMATED ELECTION SYSTEM AND 
THE MANUAL COUNTING SYSTEM [whether] THROUGH A paper-


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based [or-a-dircct-rccording ■electronic] election system [as-it-may 
deem-apprepriate-and-practical] for the process of voting, counting of 
votes and canvassing/consolidation and transmittal of results of 
electoral exercises: [TQ/'<9byflre6f-that-for-the-regulQr-national-and-loc-at 
eleetion-;-which-shQll-be hold ■ immediately after cffcctivity of-this -Act/
the AES shall be used-in-at-least two highly urbanized-cities-ond-two
previnees each in Luzon, Visaya5-and-MindanQO/-to-be-chosen-by-the
0ximm\3s\Q?(T-Provided7-furtherj-:Vr\Dl^Q(^\-qQ'^efnmQT\t -units whose
offieials-have-been the subject of administrative charges within-sixteen
(16^—month-prior ■ to the May 14, 2007 election shall not-bo
chosen: Provided, /yffg/Z^^-^Fhat-no-area-shall-bo-chosen without the
consent of the Sanggunian-eR-hc local-government-unit concerned;-
The term-local govornmont-unit-aG-UGcd-in-this-provision shall rofor-to
a highly urbanized city or province; •In succeeding-regular-nationak)F
ieeai—elections, the AES shall—be^-implemented—nationwide."]
PROVIDED, THAT THE MANUAL COUNTING SYSTEM UNDER 
THIS ACT SHALL NOT BE IMPLEMENTED FOR OVERSEAS 
VOTING UNDER R.A. NO. 9189, AS AMENDED BY R.A. NO. 
10590."
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SEC. 8. Section 8 of Republic Act No. 8436, as amended, is hereby amended
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to read as follows:
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"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—2097 
eleetiensr^the-Advisory-Council-shall-bG-immGdiatGly-convened "Withio
terh(4Q)-ciays-after-the-Gffeetivity-ef-this-Aet].


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"The Council shall be composed of the following members, who 
must be registered Filipino voters, of known independence, 
competence and probity:
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"(a) The [Chairman-of-thc -Gommission on Information-and 
Gemmunic-ations—Technology—(GIGTj] SECRETARY OF THE 
DEPARTMENT OF INFORMATION AND COMMUNICATIONS 
TECHNOLOGY (DICT) who shall act as the chairman of the council;
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"(B) THE RESPECTIVE CHAIRPERSONS OF THE SENATE 
COMMITTEE ON ELECTORAL REFORMS AND PEOPLE'S 
PARTICIPATION AND THE HOUSE OF REPRESENTATIVES 
COMMITTEE ON SUFFRAGE AND ELECTORAL REFORMS WHO 
SHALL ACT AS EX OFFICIO MEMBERS;
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"[(b)](C) One member from the Department of Science and 
Technology;
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"[(e)](D) One member from the Department of Education;
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''C^](E) One member representing the academe, to be 
selected by the chair of the Advisory Council from among the list of 
nominees submitted by the country's academic institutions;
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"[(e)](F) Three members representing ICT professional 
organizations to be selected by the chair of the Advisory Council from 
among the list of nominees submitted by Philippine-based ICT 
professional organizations. Nominees shall be individuals, at least one 
of whom shall be experienced in managing or implementing large-scale 
IT projects;


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"[(f)](G) Two members representing nongovernmental 
electoral reform organizations, to be selected by the chair of the 
Advisory Council from among the list of nominees submitted by the 
country's nongovernmental electoral reform organizations;
"THREE OBSERVERS, REPRESENTING THE ACCREDITED 
CITIZENS' ARM OF THE COMMISSION, AND THE DOMINANT 
MAJORITY AND MINORITY PARTIES AS DETERMINED BY THE 
COMMISSION DURING THE IMMEDIATELY PRECEDING 
ELECTION, SHALL BE INVITED DURING MEETINGS OF THE 
ADVISORY COUNCIL FOR THE PURPOSE OF GATHERING 
INFORMATION IN AN OPEN AND PROFESSIONALLY 
COURTEOUS MANNER AND SHOULD NOT DISRUPT, 
OBSTRUCT, OR COUNTERMAND DECISIONS OF THE 
ADVISORY COUNCIL.
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XXX.
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"The [Cemmission—en—Information—and—Gemmunications 
Technology (GICT)J DICT, shall include in its annual appropriation the 
funds necessary' to enable the Council to effectively perform its 
functions."
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SEC. 9. Section 12 of R.A. No. 8436, as amended, is hereby amended as
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follows:


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"SEC. 12. Procurement of Equipment and Materials. - To 
achieve the purpose of this Act, the Commission is authorized to 
procure, in accordance with existing iaws, by purchase, iease, rent, or 
other forms of acquisition, suppiies, equipment, materiais, software, 
faciiities, and other services, from iocai or foreign sources free from 
taxes and import duties, subject to accounting and auditing ruies and 
reguiations. With respect to the May [IQ,—2010] 2022 eiections and 
succeeding electorai exercises, the system procured must have 
demonstrated capabiiity and been successfuiiy used in a prior eiectorai 
exercise here or abroad. Participation in the 2007 pilot exercise shall 
not be conclusive of the system's fitness.
"In determining the amount of any bid from a technology, 
software or equipment supplier, the cost to the government of its 
deployment and implementation shall be added to the bid price as 
integral thereto. The value of any alternative use to which such 
technology, software or equipment can be put for public use shall not 
be deducted from the original face value of the said bid.
"NOTWITHSTANDING THE REQUIREMENT UNDER 
SECTION 23.4.1.3 OF THE IMPLEMENTING RULES AND 
REGULATIONS OF REPUBLIC ACT NO. 9184, FOR THE SOLE 
PURPOSE OF PROCURING SUPPLIES, EQUIPMENT, 
MATERIALS, SOFTWARE, FACILITIES, AND OTHER 
AUTOMATED ELECTION SERVICES, UNDER THIS ACT, THE 
PROSPECTIVE BIDDER MUST HAVE EITHER COMPLETED, 
WITHIN THE PERIOD SPECIFIED IN THE INVITATION TO BID, 
A SINGLE LARGEST COMPLETED CONTRACT (SLCC) THAT IS 
SIMILAR TO THE CONTRACT TO BE BID, AND WHOSE VALUE, 
ADJUSTED TO CURRENT PRICES USING THE PHILIPPINE 
STATISTICS AUTHORITY CONSUMER PRICE INDICES, MUST 
BE AT LEAST FIFTY PERCENT (50%) OF THE APPROVED 
BUDGET OF CONTRACT OR WITH PROVEN FINANCIAL,
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TECHNICAL, AND ORGANIZATIONAL CAPABILITY TO
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CONDUCT SUCH EXERCISE SO AS TO ENSURE THAT THE
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BIDDING AND PROCUREMENT SHALL NOT UNREASONABLY
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LIMIT COMPETITION AND INEQUITABLY BAR
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PARTICIPATION OF CAPABLE SUPPLIERS, MANUFACTURERS,
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DISTRIBUTORS, AND SERVICE PROVIDERS."
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SEC. 10. A new Section 15 of R.A, No. 8436, as amended, is hereby inserted
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and the succeeding sections shall be renumbered accordingly. The new Section 15
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shall read as follows:
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"SEC. 15. SUBSTITUTION OF CANDIDATES — AFTER 
THE LAST DAY OF THE FILING OF CERTIFICATE OF 
CANDIDACY (COC), WHICH SHALL NOT BE EARLIER THAN 
DECEMBER 15 PRECEDING THE DAY OF ELECTION, NO 
SUBSTITUTION SHALL BE ALLOWED EXCEPT ON THE GROUND 
OF DEATH OR DISQUALIFICATION: PROVIDED, THAT THE 
PERSON SUBSTITUTING THE CANDIDATE WHO DIED OR IS 
DISQUALIFIED BY FINAL JUDGMENT, MAY FILE A COC UP TO 
MID-DAY OF ELECTION DAY: PROVIDED FURTHER, THAT THE 
SUBSTITUTE AND THE SUBSTITUTED HAVE THE SAME 
SURNAMES: PROVIDED, FINALITY, THAT A CANDIDATE WHO 
FILES A COC AS AN INDEPENDENT CANDIDATE MAY ALSO BE 
SUBSTITUTED."
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SEC. 11. Section 15 of Republic Act No. 8436, as amended, is hereby amended
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to read as foliows:
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"SEC. [45] 16. Official Ballot - [The—Gommission—shall 
prescribe t-he-format-ef-the-GlGctronicdisploy and/or-the-sfee-and-form
of-the offieel-ballot,--which shall-contain the titles of-the-position-to-be
fmeef-and/or-the propositions--to be "voted-upon-in-an-initiativo/
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feferendum-or-plGbiseitCr-WhcrG-prQcticQblG-GlGctronie-displayG-must
bG-construetGd-to ■ prGSGnt thG-nanriGS •ef-all-candidatGS for-thG-samG
position fFhthG-samG pogG or 5crGGn/ otherwisG>-thG-GlGctronic-displays
fnu5t-bG-constructGd-to-prG5Gnt-tliG-GntirG-ballot to tho-votor^in a soriGS
ef-sequGntial-pagG57-and-to-GnsurG that thG-votGr sees-all-of-thG-ballot
options on-aft-pagGS-bGforG compiGting his-er-hGr-votG-and to allow-t-hG
veter-to-rGviGW and-GhangG-oft-ballot-choicGS-prior-t-o-GomplGting and
easting-his-or bar ballot.--UndGF-€aeh-position-to be fillGd, thG namas-of
eandidatGS-shall ba-arrangad alphabatically by surnamG and uniformly
indicatod asing-tho sama typo sizG; Tho maiden-or-marriGd-namG-shall
bo-listed ■ in-thG-offi€ia[-ballot/--as prafarrad by tha -famalG-candidate.'
Undar Gach-proposition-to-ba-votG- upon,—tha-choicGS -should -ba
wiformly-indicatad using-tha sama-font-and siza.-] (A) BALLOTS FOR 
NATIONAL, LOCAL, AND BARMM ELECTIONS, REGULAR OR 
SPECIAL, PLEBISCITES, AND REFERENDA, SHALL BE PAPER- 
BASED, UNIFORM SIZED, 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
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PAPER. EACH BALLOT SHALL BEAR A SERIAL NUMBER AND A 
BAR CODE, WHICH CAN BE SCANNED FOR THE PURPOSE OF 
PROJECTING THE DIGITAL IMAGE OF THE BALLOT AND FOR 
ITS AUTHENTICATION. IT SHALL BEAR AT THE TOP 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, AND THE DATE OF 
THE ELECTION.
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"(B) THE OFFICIAL BALLOT SHALL BE SERIALLY 
NUMBERED AND SHALL BE DELIVERED TO, AND 
CORRESPOND TO, SPECIFIC PRECINCTS OR CLUSTER OF 
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 IDENTIFICATION NUMBERS AND THE SERIAL 
NUMBER OF THE BALLOTS CORRESPONDING TO EACH 
PRECINCT OR CLUSTER OF 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.
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"(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.
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"(D) THE OFFICIAL BALLOT SHALL CONTAIN THE 
TITLES OF THE POSITIONS TO BE FILLED AND/OR THE 
POSITIONS TO BE VOTED UPON IN AN INITIATIVE, 
REFERENDUM, OR PLEBISCITE. UNDER EACH POSITION TO 
BE FILLED, THE NAMES OF CANDIDATES SHALL BE 
ARRANGED ALPHABETICALLY BY SURNAME AND UNIFORMLY 
INDICATED USING THE SAME TYPE SIZE. THE MAIDEN OR 
MARRIED NAME SHALL BE LISTED IN THE OFFICIAL BALLOT, 
AS PREFERRED BY THE FEMALE CANDIDATE. UNDER EACH 
PROPOSITION TO BE VOTED UPON, THE CHOICES SHOULD BE 
UNIFORMLY INDICATED USING THE SAME FONT AND SIZE. 
OPPOSITE THE NAME OF THE OF THE CANDIDATE SHALL BE A
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SQUARE OR RECTANGLE, ON WHICH THE VOTER WILL PLACE 
A SINGLE VERTICAL MARK TO REGISTER A VOTE FOR A 
CANDIDATE OF THE VOTER'S CHOICE.
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"(E) A fixed space where the chairman of the board of election 
inspectors (BEI) shall affix his/her signature to authenticate the 
official ballot shall be provided.
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["For this purpose, thc-GommisGion-shall sot the deadline for 
the------filing------ef----- eerfeifleate------ef----- eandidaey/petition------ef
registration/manifcGtation ■ to partieipatG-in-thG-Glcction.-Any - person
who-filcG-his cortificatG-of-candidacy within-this-period-shall-only-be
GonGidered as □ candidatc-otthG start of the campaign-peried-for-whieh
he-filcd his ■ cGrtificatG-of-candidacy:-/°ri9w<Gfci4 That, unlawful-octs-or
omiGGionG-applicablc to □ cQndidatc-GhQll-cffGct only upon that start of
the- aforGGQid campaign-period.• /?/i0b//<±'4 finally, That-any-person
holding Q-publie-appointive-offico or position, including-aetive-fnembers
of-thG- armed forces, and officGrs;-ond -cmployoGS in-government-
owned—or-controlled—corporations^—shaH—be—considered ipso
^gfey/^resigned from-his/her-officG-and- must vacate thG-same-at-the
start--0f--the-day-of the^filing-of-his/her'certification of-candidacy.-
"Political parties may hold-politicol-conventions-te-nominote
their-officlal-eandidate within thirty (30) -days-before the-start of the
period for-filing certificate of candidacy.]
"(F) 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 PERSONS WITH 
DISABILITIES AND BY PERSONS WHO ARE UNABLE TO READ 
OR WRITE ONLY. THE COMMISSION SHOULD USE OR ADOPT
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THE LATEST TECHNOLOGICAL AND ELECTRONIC DEVICES IN 
CONNECTION THEREWITH, AS TO ENABLE SUCH VOTERS TO 
CONFIRM THAT THE ACCOMPANYING PERSON TRULY 
ADHERED TO THE VOTER'S CHOICE OF CANDIDATES, AS 
PROVIDED UNDER SECTION 52(1) OF THE OMNIBUS 
ELECTION CODE.
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"(G) [With-respcct to Q popcr-boscd-clcction system, t]The 
PRINTING OF THE official ballots shall be [pFinted] DONE by the 
National Printing Office and/or the Bangko Sentra! ng Pilipinas, 
USING THE PRINTING MACHINES THEY OWN, 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 OR 
RULES AND REGULATIONS [at-the-prico comparable-with that of 
private prifitcrG-undGr-propGrGGcurity mcaGurcs which thc-Gommission
shalt-adopt. '-ThG CommiGGion-may-contaet-thG-GGrvicGG of-privatG
printerG upon certification by-the-National-Printing-0fficG/^j/7ffl^o
■Sentrai ng PHipinDS that it cannot mcGt- thc printing--requirements:
Accredited—political-parties and' ■ deputized■■■ citizGn!G-armG -of—the
Gommissien-shall -assign watchers in—the-printing,—storage and
distr-ibution of official ballots].
"(H) To prevent the use of fake ballots, the Commission 
through the Committee shall ensure that the necessary safeguards, 
such as, but not limited to, bar codes, holograms, color shifting ink, 
microprinting, are provided on the ballot.
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M(I) The official ballots shall be printed and distributed to 
each city/municipality at the rate of one ballot for every registered 
voter with a provision of additional three ballots per precinct.
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"A VIOLATION OF THIS SECTION SHALL CONSTITUTE A 
PRIMA FACIE EVIDENCE OF ELECTORAL SABOTAGE AND A 
CONSPIRACY TO COMMIT MASSIVE ELECTORAL FRAUD."
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SEC. 12. Section 21 of Republic Act No. 8436, as amended, is hereby amended
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to read as follows:
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"SEC. [2i]22. Counting Procedure. - The Commission shali
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prescribe the manner and procedure of counting the votes under the
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automated system AND THE MANUAL COUNTING
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SYSTEM: PROVIDED, THAT A SEPARATE ELECTION RETURN
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SHALL BE PREPARED SHOWING THE RESULTS OF THE
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MANUAL COUNTING OF THE BALLOTS, WHICH SHALL ALSO BE
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CANVASSED ALONGSIDE THE ELECTRONICALLY
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TRANSMITTED AND DIGITALLY SIGNED ELECTION RETURNS
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UNDER THE AUTOMATED SYSTEM: PROVIDED FURTHER,
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THAT IF THERE IS A DISCREPANCY OF AT LEAST TWO (2%)
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PERCENT OF THE TOTAL NUMBER OF THE VOTES CAST
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BETWEEN THE RESULTS OF THE AUTOMATED SYSTEM AND
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THE MANUAL COUNTING SYSTEM FOR ANY POSITION, AN
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AUTOMATIC RECOUNT SHALL BE UNDERTAKEN FOR THAT
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POSITION ONLY: PROVIDED FURTHER, THAT THE
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COMMISSION SHALL DEPLOY SUFFICIENT NUMBER OF
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TECHNICAL PERSONNEL TO ASSIST THE BEI IN THE SAID
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RECOUNT. A COMPARISON SHALL BE MADE BETWEEN THE
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DIGITALLY CAPTURED IMAGE OF THE BALLOT AND THE
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BALLOT ITSELF BEFORE THE RECOUNT TO DETERMINE THE
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ROOT CAUSE OF THE DISCREPANCY AND TO ASCERTAIN THE
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WILL OF THE VOTERS. THE RESULT OF THE RECOUNT SHALL
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BE REFLECTED IN THE MANUALLY PREPARED ELECTION
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RETURN WHICH SHALL BE CONSIDERED, ALONG WITH THE
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UNAFFECTED ELECTRONICALLY TRANSMITTED AND
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DIGITALLY SIGNED ELECTION RETURNS, IN DETERMINING
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THE WINNING CANDIDATE FOR THE SUBJECT POSITION;
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Provided FINALLY, that apart from the electronically stored result,
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(thirty-(30)) TWELVE (12) copies of the election return are printed
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AND TWELVE (12) COPIES OF THE ELECTION RETURN FOR
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THE MANUAL COUNTING SYSTEM SHALL BE ACCOMPLISHED."
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SEC. 13. Livestreaming or video recording of the counting. - The
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Commission shall accredit groups who wish to livestream or record a video of the
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manual counting of votes at the precinct level.
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The recorded video or livestream may be used as evidence in an electoral
10 
protest.
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No photo, recorded video, or livestream, whether official or unofficial, taken
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during election day of any member of the BEI and any other personnei of the
13 
Commission performing election duties during election day shall be used to defame or
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publicly shame said member of the BEI or personnel of the Commission in social media
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or in any other platform, digital or otherwise. Any violation of this paragraph shall
16 
constitute as an election offense under this Act.
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SEC. 14. Section 22 of Republic Act No. 8436, as amended, is hereby amended
18 
to read as foilows:
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"SEC. [22]23. Electronic Returns. - Each copy of the printed 
election returns UNDER THE AUTOMATED SYSTEM shall bear 
appropriate control marks to determine the time and place of printing. 
THE COMMISSION SHALL DESIGN THE FEATURES OF THE 
ELECTION RETURNS UNDER THE MANUAL COUNTING 
SYSTEM. Each copy shall be signed and thumbmarked by ail the 
members of the board of election inspectors and the watchers present. 
If any member of the board of election inspectors present refuses to 
sign, the chairman of the board shall note the same in each copy of 
the printed AND MAIvluALLY ACCOMPLISHED election returns. The
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member of the board of election inspectors concerned refusing to sign 
shall be compelled to explain his or her refusal to do so. Failure to 
explain an unjustifiable refusal to sign each copy of the printed AND 
MANUALLY ACCOMPLISHED eiection return by any member of the 
board of election inspectors shall be punishable as provided in this Act. 
The chairman of the board shall then publicly read and announce the 
total numbers of registered voters, the total .number of voters who 
actually voted and the total number of votes obtained by each 
candidate based on the election returns AND WHETHER THERE IS 
A DISCREPANCY BETWEEN THE RESULTS OF THE AUTOMATED 
SYSTEM AND THE MANUAL COUNTING SYSTEM, AND THE 
DETAILS OF THE SAID DISCREPANCY, INCLUDING THE 
RESULT OF THE RECOUNT, IF ANY.
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'Thereafter, the copies of the election returns shall be sealed 
and placed in the proper envelopes for distribution as follows:
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"A. In the election of president, vice-president, senators and 
party-list system:
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1) The first copy shall be delivered to the city or municipal board 
of canvassers;
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2) The second copy, to the Congress, directed to the President 
of the Senate;
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3) The third copy, to the Commission;
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4) The fourth copy, to the citizens' arm authorized by the 
Commission to conduct an unofficial count;
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5) The fifth copy, to the dominant majority party as determined 
by the Commission in accordance with law;
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6) The sixth copy, to the dominant minority party as determined 
by the Commission in accordance with law; [and]
7) The seventh copy shall be deposited inside the compartment 
of the ballot box for valid ballotsH;
8) The eighth copy to the Provincial Board of Canvassers; AND
[9)The ninth t0-thc-cightccnth-copiGG/-shall-bG givcn-to thG ten 
(-lO)-accrGditGd mcqer—national—parties—cxcluding-thc—dominant
fflajer-lty-and-minority-partiGG—in-acG0rdancG with q ■■■voluntary
agreement—among - them. If ne-saeh-agrGGmGnt—iG-reae-hGdT—the
Gommission-shall decide which-partiGS shall rGcelvG-the-cepieG-en-the
basis-ef-the-€ritGriQ-providGdin-SGction-26-ofRGpublic-Act-No;-7-1667
-10)-ThG-ninGtGGnth and twentteth-e-epiesrto-thG two accrGdited
majer-local-partiGG in QccordaneG-with-o-voluntary-QgrGGment-ameng
them-If no such agreement-iG-reached-the commission-shall decide
which-parties shall rGeeive-the-copiGS-on-the basis-of-criteria-analogouG
te-that'-pravided-in -Section 26 of-R-epablie-AGt-Nor-T^SSt
a)] 9) The [twenty-first-te-the-twenty-fouith] NINTH TO 
THE TWELFTH copies, 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[t].
[-1-2-)-The twenty-fifth and-twenty-Gix-copiCG,-to-local-broadcQGt 
or-print-media ■GntitiGG-as-may-be-equitably-determinGd' by- the
Gemmission-in-viGW-Gf-pfepagating-the-copies-to-thG-widGst-Gxtent
pessiblerand
■l-3-)-ThG 'twenty-seventh-to-the thirtieth-eopieGT-to-the-major
citizen's arms, including-tho" accredited citizenIs-armV-Qnd-other-non-
partisan-groups or organization-anfisted-by-the-Commission-pursuant
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to-SGetion-52(k) of BQtas-PambDnsa-BIg. 881-. Such -c-itizGnG-Qrm/
ffeups-Qfid-organizQtion-mQy use-thG-four-CGrtifiGd-copiGG of GiGction
roturns fortho conduct-ofcitizonG1 quick counts-at-thG^oc-al-er-nationot
IgvgIs;)]
"B. In the election of local officials and members of the House 
of Representatives:
1) The first copy shall be delivered to the city or municipal board 
of canvassers;
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2) The second copy, to the Commission;
3) The third copy, to the provincial board of canvassers;
4) The fourth copy, to the citizens' arm ( authorized by the 
Commission to conduct an unofficial count;
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 shall be deposited inside the compartment 
of the ballot box for valid ballots;
8) The eighth copy to be posted conspicuously on a wall within 
the premises of the polling place or counting center; AND
[9)-T-hG-ninth to the Gightccnth-copics, shall bc-given-to-thG-ten 
(■10)' accrGditGd major-national partiGS, Gxcluding thG-dominant
majority-and minority-partlGG, in occordancG-with -a-voluntary
agroomant among thGmr-If no such agrGGmGnt-is-rGachGd, ■ tho
Cemmission-sholl dcade-which-parties shall-reeGivc-thG-copiGS-on -the
basis of the critGria provided in Section 26 of-Republic Act No. 7166j
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10)-Tho-ninQtGenth-and-twGnt-iGth -copies -shall-bG-given-to-the
twe-aeeFeditcd-mQjor-locQt-portiGS in accordance-withHa-voltintery
agrcGment among them; ■ If - no ■■ Guch-agrcGmcnt is rcachodT-the
Gommission shall dGCidQ-which-partiGS-shall-reGeiv&4hG copies-on-the
bosis-of-er-iteria-onalogous-to that-providGd in Scction-26-0f-repabHe
Act-No.-TI-667
4i)]9) The [twenty-first to the-twenty-fifth}] NINTH TO THE 
TWELFTH copies, 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 possibleEj].
[-12-)-ThG-twcnty-sixth and twenty seventh copies,-to-leeaf 
broadeast-or-print-media-entities as-may-be-equitably determined-by
the-Cemmission in-view-of-propagating-the copies to the widest extent
possiblG,i-and
13)-The-twenty-eighth to-the- thirtieth copies-to-the major
citizens'arms,-including-thG-accredited -citizens^arm, -and-other-nen-
partisan-groups or organization enlisted by the-Gommission-pursuant
to section 52(k) of Batas -Pombansa Big; 88T.-Sueh citizens'-arms7
groups-and organization-may-usG the five certified-eopies of electiorv
returns for-^i-he-eonduct of citizens' quick-counts-at-the local-or-national
levels?]
"Immediately after ALL the (eight copy) COPIES (is) ARE 
printed AND COMPLETED, the poll clerk shall announce [thc-posting 
of said copy] THAT THE RELEVANT COPIES FOR POSTING ARE 
BEING POSTED on a wall within the premises of the polling place or 
counting center, which must be sufficiently lighted and accessible to 
the public. Any person may view or capture an image of the election 
returns 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
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its posting. After such period, the chairman of the board of election 
inspectors shall detach the election returns from the wall and keep the 
same in his custody to be produced as may be requested by any voter 
for image or data capturing or for any lawful purpose as may be 
ordered by competent authority.
"Within one hour after the printing AND COMPLETION of the 
election returns, the chairman of the board of election inspectors or 
any official authorized by the Commission shall, in the presence of 
watchers and representatives of the accredited citizens' arm, political 
parties/candidates, if any, electronically transmit the precinct results 
UNDER THE AUTOMATED SYSTEM to the respective levels of board 
of canvassers, to the dominant majority and minority party, to the 
accredited citizen's arm, and to the Kapisanan ng mga Broadcasters 
ng Pilipinas (KBP). THE ELECTION RETURNS UNDER THE 
MANUAL COUNTING SYSTEM SHALL BE TRANSMITTED TO 
THE MBOC/CBOC.
'The election results at the city/municipality canvassing centers 
UNDER THE AUTOMATED SYSTEM shall be ELECTRONICALLY 
transmitted in-the-samo-manner WHILE THE ELECTION RESULTS 
UNDER THE MANUAL COUNTING SYSTEM SHALL BE 
TRANSMITTED THROUGH THE FASTEST MEANS AVAILABLE by 
the eiection officer or any official authorized by the [ejCommission to 
the district or provincial canvassing centers.
'The election returns transmitted electronically and digitally 
signed shall be considered as official election results and shall be used 
as the basis for the canvassing of votes and the proclamation of a 
candidate. PROVIDED, THAT IN CASE OF RECOUNT, AS 
PROVIDED UNDER SECTION 22 HEREOF, THE MANUALLY 
ACCOMPLISHED ELECTION RETURN SUBJECT OF THE 
RECOUNT SHALL BE CONSIDERED, ALONG WITH THE
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UNAFFECTED ELECTRONICALLY TRANSMITTED 
DIGITALLY SIGNED ELECTION RETURNS.
AND
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[After the GlGctronic-rcGults-hDve-boon transmittod-additional 
eepies-net to exceed thirty-(-30)-mQy be printed-ond-given to requesting
pafties-at-their own-expense?]"
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SEC. 15. Section 25 of Republic Act No. 8436, as amended, is hereby amended
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to read as follows:
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"SEC. [2S]26. 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 UNDER THE AUTOMATED SYSTEM 
AND THE ELECTION RETURNS UNDER THE MANUAL 
COUNTING SYSTEM. Upon completion of the canvass, it shall print 
AND COMPLETE 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.
'The city board of canvassers of cities comprising one or more 
legislative districts shall canvass the votes for president, vice- 
president, senators, members of the House Representatives and 
elective city, officials by consolidating the certificates of canvass 
electronically transmitted or the results contained in the data storage 
devices used in the printing of the election returns UNDER THE 
AUTOMATED SYSTEM AND THE CERTIFICATE OF CANVASS 
UNDER THE MANUAL COUNTING SYSTEM. Upon completion of 
the canvass, the board shall produce the canvass of votes for
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president, vice-president, and senators and thereafter, proclaim the 
elected members of the House of Representatives and city officials.
"In the Metro Manila area, each municipality comprising a 
legislative district shall have a district board of canvassers which shall 
canvass the votes for president, vice-president, senators, members of 
the House of Representatives and elective municipal officials by 
consolidating the electronically transmitted results or the results 
contained in the data storage devices used in the printing of the 
election returns UNDER THE AUTOMATED SYSTEM AND THE 
ELECTION RETURNS UNDER THE MANUAL COUNTING 
SYSTEM. Upon completion of the canvass, it shall produce the 
certificate of canvass of votes for president, vice-president, and 
senators and thereafter, proclaim the elected members of the House 
Representatives and municipal officials.
"Each component municipality in a legislative district in the 
Metro Manila area shall have a municipal board of canvassers which 
shall canvass the votes for president, vice-president, senators, 
members of the House of Representatives and elective municipal 
officials by consolidating the results electronically transmitted from the 
counting centers or the results contained in the data storage devices 
used in the printing of the election returns UNDER THE 
AUTOMATED SYSTEM AND THE ELECTION RETURNS UNDER 
THE MANUAL COUNTING SYSTEM. Upon completion of the 
canvass, it shall prepare the certificate of canvass of votes for 
president, vice-president, senators, members of the House of 
Representatives and thereafter, proclaim the elected municipal 
officials.
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'The district board of canvassers of each legislative district 
comprising two municipalities in the Metro Manila area shall canvass 
the votes for president, vice-president, senators and members of the
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House of Representatives by consolidating the certificates of canvass 
electronically transmitted from the city/municipal consolidating centers 
or the results contained in the data storage devices UNDER THE 
AUTOMATED SYSTEM AND THE CERTIFICATE OF CANVASS 
UNDER THE MANUAL COUNTING SYSTEM submitted by the 
municipal board of canvassers of the component municipalities. Upon 
completion of the canvass, it shali produce a certificate of the canvass 
of votes for president, vice-president and senators , and thereafter, 
proclaim the elected members of the House of Representatives in the 
legislative district.
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'The district/provincial board of canvassers shall canvass the 
votes for president, vice-president, senators, members of the House 
of Representatives and elective provincial officials by consolidating the 
results electronically transmitted from the city/municipal consolidating 
centers or the results; contained in the data storage devices UNDER 
THE AUTOMATED SYSTEM AND THE CERTIFICATE OF 
CANVASS UNDER THE MANUAL COUNTING SYSTEM submitted 
by the board of canvassers of the municipalities and component cities. 
Upon completion of the canvass, it shall produce the certificates of 
canvass votes for president, vice-president and senators and 
thereafter, proclaim the elected members of the House of 
Representatives and the provincial official.
'The municipal, city, district and provincial certificates of 
canvass of votes shall each be supported by a statement of votes.
"Within one hour after the canvassing, the Chairman of the 
district or provincial Board of Canvassers or the city board of 
canvassers of those cities which comprise one or more legislative 
districts shall electronically transmit the certificate of canvass UNDER 
THE AUTOMATED SYSTEM to the Commission sitting as the national 
board of canvassers for senators and party-list representatives and to
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the Congress as the National Board of Canvassers for the president 
and vice president, directed to the President of the Senate.
THEREAFTER, THE CERTIFICATE OF CANVASS UNDER THE 
MANUAL SYSTEM SHALL ALSO BE TRANSMITTED, THROUGH 
THE FASTEST MEANS AVAILABLE, TO THE SAME NATIONAL 
BOARD OF CANVASSERS.
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'The Commission shall adopt adequate and effective measures 
to preserve the integrity of the certificates of canvass transmitted
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electronically and the results in the storage devices at the various 
levels of the boards of canvassers.
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'The certificates of canvass transmitted electronically and 
digitally signed shall be considered as official election results and shall 
be used as the basis for the proclamation of a winning candidate:
PROVIDED, THAT IN CASE OF RECOUNT, AS PROVIDED 
UNDER SECTION 22 HEREOF, THE COMMISSION SHALL 
DEVISE A SYSTEM WHERE THE RESULT OF THE RECOUNT FOR 
THE AFFECTED POSITION WILL WORK TO ADJUST THE 
RESULT OF THE SAID CERTIFICATE OF CANVASS FOR THE 
SAID POSITION IN THE PROCESS OF PROCLAMING A 
WINNING CANDIDATE AND WITHOUT CHANGING THE 
ENTRIES IN THE SAID ELECTRONICALLY TRANSMITTED AND 
DIGITALLY SIGNED CERTFICATE OF CANVASS."
23 
SEC. 16. Section 26 of Republic Act No. 8436, as amended, is hereby amended
24 
to read as follows:
25 
"SEC. [26]27. Number of Copies of Certificates of Canvass of
26 
Votes and their distribution. - (a) The certificates of canvass of votes
27 
UNDER THE AUTOMATED SYSTEM AND UNDER THE MANUAL
28 
COUNTING SYSTEM, RESPECTIVELY, for president, vice-
29 
president, senators, members of the House of Representatives,
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parties, organizations or coalitions participating under the party-list 
system and elective provincial officials shall be produced 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, senators, members of the House of Representatives, 
parties, organizations or coalitions participating under the party-list 
system and elective provincial officials;
"(2) The second copy shall be sent to the Commission;
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"(3) The third copy shall be kept by the chairman of the board;
and
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"(4) The fourth copy shall be given to the citizens' arm 
designated by the Commission to conduct an unofficial count. It shall 
be the duty of the citizens' arm to furnish independent candidates 
copies of the certificate of canvass at the expense of the requesting 
party.
"(5) The fifth copy to Congress, directed to the President of 
Senate;
"(6) The sixth copy to be posted on a wall within the premises 
of the canvassing center;
"(7) The seventh and eighth copies shall be given to the 
dominant majority and minority parties; AND
[■'•'(8) The ninth to oightconth copies shall bo given to-thc ton 
^Q) accredited major national—partios, excluding.the dominant
majority -and minority ■ parties/ in accordance with-a voluntary
agfeemont' among thorn. If no-such agroGmcnt-is-rGachcd, the
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Commission shall decide which-parties shall •rGccive-thc-copics-on-the
basis-of the-critGria'provided in Section 26-of Republic-Act no. 7166;
-<-&)-ThG-ninGtcenth-Qnd twentieth-copies shall bc-given to the
twO' accredited- majer-locol parties in accordance-with-a--voluntary
agreement-omong -thcm.-If-no-such- agreement-is -■rGached--tho
Gommission-shall decide-whieh-partiGS'Shall recGive-the copies-on-the
basis of criteria analogous to that provided-in Section-26-of Republic
Act No. 7166;
"(i0}](8) The [twenty-first to-the twenty-fifth] NINTH TO 
TWELFTH copies, 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[t].
["fl-l) The-twenty-six and twcnty-scvcn-copiGS, to local 
breadeast-or print media entities-as may be-equitably determined-by
the-Gemmission-in view of propagating the-copies to the widest-extent
possible;-and 
.i
"(-1-2) The twenty-eighth to the-thirtieth copies, to the-major 
eitizens' arms,-including-the accredited citizens'-armT-ond-other-non-
partison groups or organizations-enlisted-by-the-commission pursuant
to-SGction-52(k) of-Batas Pambansa Blgr-881-.-Such citizens' arms,
groups and-organization may use-the-three certified copies of election
returns for the conduet-of- dtizens^^uick counts at the local or national
levels;-]
'The board of canvassers shall furnish all other registered 
parties copies of the certificates of canvass at the expense of the 
requesting party.
"(b) The certificates of canvass of votes for president, vice- 
president and senators, parties, organizations or coalitions
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participating under the party-list system shall be produced by the city 
boards of canvassers of cities comprising one or more legislative 
districts, by provincial boards of canvassers and by district boards of 
canvassers in the Metro Manila area, and other highly urbanized areas 
and distributed as follows:
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"(1) The first copy shall be sent to 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 kept the chairman of the board;
and
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"(4) The fourth copy shall be given to the citizens' arm 
designated by the Commission to conduct an unofficial count. It shall 
be the duty of the citizens' arm to furnish independent candidates 
copies of the certificates of canvass at the expense of the requesting 
party.
"(5) The fifth copy to Congress, directed to the President of the 
Senate;
"(6) The sixth copy to be posted on a wall within the premises 
of the canvassing center;
"(7) The seventh and eighth copies to the dominant majority 
and minority parties; AND
[(8) The ninth-and tenth-copieg-to-two' accredited major 
national parties representing the-majority-and minority,-excluding the
deminant-majority and- minority parties/ to bo determined by the
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GemmissioFh-on- the-bosis • of-the critGria-provided -in Section 26 of
1 ’
"f9)](8) The [clGvcnth to thirtGcnth] NINTH TO TWELFTH 
copies to broadcast media entities as may be equitably determined by 
the Commission in view of propagating the copies to the widest extent 
possible[t].
[(!■€■)■ The fourtGGnth copy to another citizcnG1 arm or- in the 
absencG 'therGof, to a non-partisan-group or-organization-enlisted by
the-Gommission pursuant to Section 52(k) of Batas Pambansa Big.
SS-lvSuch dtizens1 arm or non-partisan group or organization may use
the-eopy ef-election return for the-conduct of-citizens' quick counts at
the-local-or national levels.]
'The board of canvassers shall furnish all other registered 
parties copies of the certificate of canvass at the expense of the 
requesting party.
"(c) The certificates of canvass printed AND COMPLETED by 
the provincial, district, city or municipal boards of canvassers shall be 
signed and thumb marked by the chairman and members of the board 
and the principal watchers, if available. Thereafter, it shall be sealed 
and placed inside an envelope which shall likewise be properly sealed.
"In all Instances, where the Board of Canvassers has the duty 
to furnish registered political parties with copies of the certificate of 
canvass, the pertinent election returns shall be attached thereto, 
where appropriate."
"Immediately after the sixth copy and its supporting statement 
of votes are printed AND COMPLETED, the chairman of the board of 
canvassers shall announce the posting of said prints AND 
COMPLETED COPY on a wali within the premises of the canvassing
29


1 
center, which must be sufficiently lighted and accessible to the public.
2 
Any person may view or capture an image of the Certificates of
3 
Canvass or the supporting statement of votes by means of any data
4 
capturing device such as, but not limited to, cameras at any time of
5 
the day for forty-eight (48) hours following the posting. After such
6 
period, the chairman of the board of canvassers shall detach the
7 
[eieetion-return] CERTIFICATES OF CANVASS from the wall and
8 
keep the same in his custody to be produced as may be requested by
9 
any voter for image or data capturing or for any lawful purpose as may
10 
be ordered by competent authority."
11 
SEC. 17. Section 27 of Republic Act No. 8436, as amended, is hereby amended
12 
to read as follows:
13 
"SEC. [57] 28. National Board of Canvassers for Senators and
14 
Party-List Representatives. - The chairman and members of the
15 
Commission on Election sitting en banc, shall compose the national
16 
board of canvassers for senators and party-list representatives. It shall
17 
canvass the results by consolidating the certificates of canvass
18 
electronically transmitted UNDER THE AUTOMATED SYSTEM AND
19 
THE TRANSMITTED CERTIFICATE OF CANVASS UNDER THE
20 
MANUAL COUNTING SYSTEM. Thereafter, the national board shall
21 
proclaim the winning candidates for senators and party-list
22 
representatives."
23
24 
SEC. 18. Section 28 of Republic Act No. 8436, as amended, is hereby amended
25 
to read as follows:
26
27
28
29
30 
,
"SEC. [28] 29. Congress as the National Board of Canvassers 
for President and Vice-President - The Senate and the House of 
Representatives in joint public session shall compose the national 
board of canvassers for president and vice-president. The certificates 
of canvass for president and vice-president duly certified by the board
30


1
2
3
4
5
6
7
8 
9
10
11
12
of canvassers of each province or city, shall be electronically 
transmitted, IN THE CASE OF THE AUTOMATED SYSTEM, AND 
MANUALLY DELIVERED, IN THE CASE OF THE MANUAL 
COUNTING SYSTEM, to the Congress, directed to the president of 
the Senate. Upon receipt of the certificates of canvass, the President 
of the Senate shall, not later than thirty (30) days after the day of the 
election, open all the certificates in the presence of the Senate and the 
House of Representatives in joint public session and the Congress 
upon determination of the authenticity and the due execution thereof 
in the manner provided by law, canvass all the results for president 
and vice-president and thereafter, proclaim the winning candidates."
SEC. 19. Section 29 of Republic Act No. 8436, as amended, is hereby deleted.
13 
SEC. 20. Communication Channeis for Eiectronic Transmission. -
14 
Electronic transmission which is defined under R.A. No. 9369 as conveying data in
15 
electronic form from one location to another shall be guided by the following: all
16 
electronic transmission of the election returns, certificates of canvass and its
17 
supporting statements, and other related documents shall utilize secure transmission
18 
channels with the following minimum security objectives:
19 
(1) Strong authentication - each entity in the communications channel must
20 
prove its identity to the other by demonstrating knowledge of a key associated with
21 
the entity without revealing the key itself during the entire protocol;
22 
(2) Mutual entity authentication;
23
(3) Data origin authentication;
24
(4) Data integrity;
25
(5) Non-reputation of origin;
26 
(6) Anti-replay - an election return or certificate of canvass once processed,
27 
cannot be resent to be reprocessed at a later time. In case of re-transmission, the
31


1 
Board of Canvassers should authenticate themselves to the receiving computer, and
2 
authorize the non-processing of the previous transmission/s to receive the new
3 
transmission. Both election returns or certificates of canvass or any election result
4 
shall be kept in the systerri for record-keeping; and
5 
(7) Auditability of transmission post-election - all records of transmission
6 
saved on all the servers shall be stored and copies furnished the Joint Congressional
7 
Oversight Committee on the Automated Election System (JCOC-AES) and Department
8 
of Information and Communications Technology (DICT) in its original entirety. The
9 
Commission shall digitally sign said copies and certify under oath as to its authenticity
10 
and integrity.
11 
The Commission is hereby authorized to procure the necessary equipment,
12 
facilities, and services for putting up the electronic transmission system in order to
13 
effectively implement the provisions of this Act.
14 
Electronic transmission of the election returns and such other related
15 
documents from the precinct level shall be forwarded to the Commission and to the
16 
national broadcast or print media entities as may be equitably determined by the
17 
Commission.
18 
The aggregator for the purpose of transmission should not be the same as the
19 
supplier of the machines used for the automated election system.
20 
SEC. 21. Election Offenses under this Act. - In addition to the violations
21 
of the pertinent provisions of this Act, the following shall also constitute election
22 
offenses:
23 
(a) Any person who removes the election return that is posted on the wall,
24 
whether within or after the prescribed forty-eight (48) hours of posting, or defaces
25 
the same in any manner;
26 
(b) Any person who simulates an actual election return, or a print or digital
27 
copy thereof;
32


r
1 
(c)
2 
return;
Any person who simulates the certification in a print of an election
3 
(d) The chairman or any member of the board of election inspectors who,
4 
during the prescribe period of posting, removes the election return from the wall on
5 
which it had been posted other than for the purpose of immediately transferring it to
6 
a more suitable place;
7 
(e) The chairman or any member of the board of election inspectors who
8 
signs or authenticates a print of the election return outside of the polling place;
9 
(f) 
The chairman or any member of the board of election inspectors who
10 
signs or authenticates a print which bears an image different from the election return
11 
produced after counting and posted the same on the wall;
12 
(g) Any person who remove the certificate of canvass posted on the wall,
13 
whether within or after the prescribed forty-eight (48) hours of posting, or defaces
14 
the same in any manner;
15 
(h) 
Any person who simulates an actual certificate of canvass of statement
16 
of votes, or a print or digital copy thereof;
17 
(i) 
Any person who simulates the certification of a certificate of canvass or
18 
statement of votes;
19 
G) 
The chairman or any member of the board of canvassers who, during
20 
the prescribed period of posting, removes the certificate of canvass or its supporting
21 
statement of votes from the wall on which they have been posted other than for the
22 
purpose of immediately transferring them to a more suitable place;
33


r
1
2
3
(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
4
5
6
7
8 
9
10
11
12
13
14
15
(I) 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.
i
SEC. 22. Appropriations. -Such amounts as may be necessary to implement 
this Act shall be included In the budget of the Commission in the next succeeding 
General Appropriations Act.
I
SEC. 23. Separability Clause. - Should any portion of this Act be declared 
unconstitutional, the other provisions or parts not affected thereby shall remain valid 
and effective.
SEC. 24. Repealing Clause. - All laws, decrees, orders, and issuances, or 
portions thereof, which are inconsistent with the provisions of this Act, are hereby 
repealed, amended, or modified accordingly.
16 
SEC. 25. Effectivity. - This Act shall take effect fifteen (15) days after its
17 
publication in two (2) newspapers of general circulation.
34