Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO,_ 4500

Introduced by BAYAN MUNA
Reps. NERI J. COLMENARES and CARLOS ISAGANI T. ZARATE,

AN ACT
AMENDING SECTION 6 OF REPUBLIC ACT NO. 8436, ALSO KNOWN AS
"AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO USE AN
AUTOMATED ELECTION SYSTEM IN THE MAY 11, 1998 NATIONAL OR LOCAL
ELECTIONS AND IN SUBSEQUENT NATIONAL AND LOCAL ELECTORAL,
EXERCISES," AS AMENDED BY REPUBLIC ACT NO. 9369, ON ‘THE MINIMUM.
SYSTEM CAPABILITIES OF THE AUTOMATED ELECTION SYSTEM.

EXPLANATORY NOTE

Amendment to the Automated Elections System (AES) is not tantamount to questioning the
of the past 2010 and 2013 Automated Elections. Itis instead aimed at improving the technology that
will ensure the protection and sanctity of the ballots.

The AES was instituted for the purpose of eliminating clerical errors or errors involving human
intervention, of hastening the canvassing of votes and of climinating widespread cheating that
usually occur during the long process of counting votes. However, the fits -d elections were
-d with numerous protests due to irregularities and anomalies that arose during election day.
Among the major issues is the delayed of the source code that runs the SMARTMATIC
PCOS machines, and the speculation of vote-tigging after a “60-30-10” pattern was discovered
which cast further doubts to the reliability of the AES.

tor

While it seems distant for the 2010 and 2013 AES election issues to be concluded immediately, it is
worthwhile to consider recommendations and suggestions from authorities or mandated bodies such
the COMELEC Advisory Council to rectify imperfections and deficiencies in the tis
likely that issues in the previous elections may end up superseded by subsequent electoral issues, RA
8346 particularly states the function of the Advisory Council to “Recommend the most apptoptiate,
secure, applicable and cost-effective technology to be applied in the AES, in whole or in part, at that
specific form in time.”



Ina resolution by the COMELEC Advisory Council (CAC) for the 2013 National and Local
Elections, the use of Optical Mark Reader (OMR) technology was recommended for the following
reasons:
“1, Use of OMR machines will be easier for the BI

2. Makes voters education easier;

3. Use of paper-based ballots assures higher auditability;

4. Proven technology;

5. Public acceptance of the technology;

“subject to the following recommended features:
Standard and verifiable digital signarures for the machines and personnel;
Accurate, reliable and preferably universal time stamps;
. Appropriately secured machine access facilities (e.g. ports, interfaces)
+ Available of on-screen voter verification of his/her votes
Scanner should store the raw scanned data and provide ballot authentication fearure;
Machine printouts should be preserved and have a life span of six (6) years;
Printouts should have serial numbers, time stamps and unique machine identifiable
features, such as MAC address;
8. ‘Technology process should be render-able to voters’ education materials;
9. Source code and circuit schematics should be open for review;
10. Audit logs should be available;
11, Forensics of the hardware as part of the process of qualifying the technology provider;
12, Kor any purchase, consideration be given by COMELEC to:
a, Cost of storage
b. Facility for storage
¢. Reliability of hardware over time
dd. Cost of mon

tions have ways for checks and balances resorting to ballot recount to validate the
winning candidates. But this unfortunately takes years before it can be resolved, if it ever does,
especially among the highest elective positions. In automated elections, there must be a way to
protect the right of the Filipinos to theit votes which will need the expertise of Pilipino ITs and
those who ate equipped and mandated to study and give recommendations on matters pertaining to
automated elections.

Hence, the approval of this bill is earnestly sought.

Approved, yg

: if \ /
Rep. NERI. eC ENNAREe “Rep. C.
vaya Muna Party-List ie Muna Party



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

4500

HOUSE BILL NO.,

Introduced by BAYAN MUNA Representatives
NERI COLMENARES and CARLOS ISAGANI ZARATE,

AN ACT.
AMENDING SECTION 6 OF REPUBLIC ACT NO, 8436, ALSO KNOWN AS
"AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO USE AN
AUTOMATED ELECTION SYSTEM IN THE MAY U1, 1998 NATIONAL OR LOCAL
ELECTIONS AND IN SUBSEQUENT NATIONAL AND LOCAL ELECTORAL
EXERCISES," AS AMENDED BY REPUBLIC ACT NO. 9369, ON THE MINIMUM
SYSTEM CAPABILITIES OF THE AUTOMATED ELECTION SYSTEM

gress assembled:

Be it enaated by the Senate and the House of Representatives of the Philippines in C

SECTION 1. Section 6 of Republic Act No. 8436, a
amended to read as follows:

ended by Republic Act No. 9369, is hereby

>. 6. Minimum System Capabilities, -'Vhe automated election system must at least have the
following functional capabilities:

(a) Adequate security against unauthorized access;

(b) Accuracy in recording and reading of votes as well as 111 the tabulation, consolidation,
canvassing, electronic transmission, and storage of results;

(©) Error recovery in case of non-catastrophic failure of device;

(@ System integrity which ensures physical stability and functioning of the vote recording
and counting process;

@ [Provision for voter verified paper audit trail] PROVIDE THE VOTER A SYSTEM OF
OR NOT THE MACHINE HAS

(@ VOTER VERIFIED PAPER AUDIT TRAIL (VV PAT)

Gi) VOTER VERIFIED VIDEO AUDIT TRAIL (VV VAT)


Gi) VOTER VERIFIED AUDIO AUDIT TRAIL (VV AAT)
(iv) VOTER VERIFIED BRAILLE AUDIT TRAIL

( System auditability which provides supporting documentation for verifying the
correctness of reported election results;

(® 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

possible times
sibility and being friendly to persons with disabilities (PWDs);

(h) Access

@ Vote tabulating program for election, x

tes

(i) Accurate ballot counters;

(&) Data retention provision;

(D Provide for the
the election pro

fickeeping, storing a

(m) Utilize or generate official ballots as herein defined;

(a) Provide the voter a system of verification to find out whether or not the machine has
registered his choice; {and]

(0) Configure access control for sensitive system data and function;

°ATURE THAT WILL. ALLOW VERIFICATION IF THE
41) IN ANY COMPONENT OF ‘THE AES IS ONE AND ‘THE,
OW WITH THE BANGKO SENTRAL NG

(P) PROVIDE AI
SOFTWARI: INS
THA’ alcamee IN

1D ON THE DOOR AND WALL OF THE
iR. THE VERIFICATION SHOULD BE PART
{DURE EXECUTED BY THE BELOR BOC;

PR ‘ANVASSING CENT
OF ‘THE INITIALIZATION PROC!

DAPABILITY OF DIGITAL SIGNING OF ALL SOFT COPY

) USING COMPUTER-INDUSTRY-STANDARD
r M THAT UTIL

1S OR DIL-ACCREDITI

(Q PROVIDE
DC IMENTS (F
SURE PRIVATE
TABLISHED CE
RIIPICAT

Be)

FIFICATE AUTHORITH

c HORITY; AND

(8) PROVIDE THE CAPABILITY OF DIGITAL SIGNING OF ALL SOPLCOPY
DOCUMENTS USING SIGNING HARDWARE THAT DOES NOT COMPROMISE
THE PRIVATE KEY OF THE SIGNE CH AS BY EMPLOYING PROCESSOR
MARI’ CARDS FOR EACH SIGNE SMART CARD READERS
FOR BACH COMPUTER EQUIPMI

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



-m shall be developed with the assistance of an advisory council. '' HE COMMISSION
QUIRED TO PROCURE COMPUTER HARDWARE AND SOFTWARE,
‘STEMS THAT INCLUDE ALL OF THESE CAPABILITIES."

SECTION 2. Repealing Clause. - Any law, presidential decree or issuance, executive ordet, letter of
instruction, administrative order, rule oF regulation contrary to, or inconsistent with, the provisions
of this Act is hereby repealed, modified or amended accordingly.

CTION 3. Eiffetinity Clause, - This Act shall take effect fifteen (15) days after its publication in at
two (2) newspapers of general circulation.

Approved,