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

FIFTEENTH CONGRESS
Second Regular Session

House Bill No.

Introduced by Deputy Speaker PABLO P. GARCIA

EXPLANATORY NOTE

This bill seeks to establish the law that shall govern the conduct of the next
synchronized national and local elections in May 2013.

For a number of years, there has been expressed, in a number of measures, a
legislative policy to automate elections in the country. It is a policy borne out of the
collective desire to rid the country's electoral process of some, if not all, of the decades-old
problems that plague it: padded voter's registries, disenfranchisement of voters, the
generally slow and tedious process of manual counting, canvassing and certification of
results, the attendant fraud, and the creeping lack of faith in the entire electoral system

In 1997, Republic Act No. 8436 was enacted into law authorizing the COMELEC to
use an automated election system. Then Republic Act No. 9369 was passed in January
2007 to finally enable the COMELEC to conduct automated elections in 2010 and in the
succeeding electoral exercises.

These landmark measures ushered in a high sense of hope that the country’s
electoral system will finally be insulated from the numerous ills that have perennially
plagued the manual election system. Hopes were high that an automated system will
ensure the country’s elections to truly reflect the sovereign will of the Filipino people.

However, all these seem now a wishful thinking as the conduct of the first so-called
‘automated’ national and local elections in May 2010 proved otherwise. The failures and
shortcomings of the system applied were so grave that they cast serious doubts on the
integrity and credibility of that ‘automated’ election. To put it bluntly, the May 2010
‘automated’ election was an illegal and constitutionally infirm electoral process due to the
refusal or failure of COMELEC to comply with the provisions of Republic Act No. 9369 for
reasons known only to the COMELEC and its partner SMARTMATIC.


In contravention of Republic Act No. 9369, the system applied in the 2010 election
was a hybrid automated election system — a purely COMELEC-SMARTMATIC invention
which is far different from the automated election system mandetaed by Section of R.A. No.
93689, a blatant violation of the intents and purposes of the law. Instead of employing voting
machines, what were used were counting machines. The Precinct Count Optical Scan
(PCOS) machine utilized in 2010 was more of a counting and transmission machine than
the voting machine contemplated by RA 9369.

In plain language, an Automated Election System is a system where a machine is
used by the voter in the act of voting or in recording his vote. The automation should cover
the act of voting, which is the most important step in the electoral process. In short,
Republic Act No. 9369 prescribed and mandated the use of voting machines with which to
record or register the votes. This mandate is very clear and is self-evident from the
language of the law itself. Unfortunately, this essential requirement was totally ignored. The
voting was manual (the voter manually filled the ballot by shading a small oval before the
name of the candidate on the ballot and not by the use of a machine) which is
uncharacteristic of the contemplated automated election system

Section 2 of RA 9369 defines automated election system (AES) “as a system
using appropriate technology which has been demonstrated in the voting, counting,
consolidating, canvassing, and transmission of election results, and other electoral process”
and certainly the PCOS did not meet the requirements of the system. Automation should
have covered the entire election process including especially the act of voting

Moreover, The PCOS machine was not properly equipped to meet the minimum
functional capabilities of the automated election system mandated by RA 9369. It did not
have a provision for a voter-verified paper audit trail (VVPAT), a receipt which the voter gets
or receives from the voting machine after voting. It indicates how the vote or the ballot of
the voter can be identified later. The PCOS was bereft of a verification system that enables
the voter to determine if the machine has registered his actual and true choice or choices.

Finally, the PCOS machine was not equipped with an electronic display as
prescribed by Section 13 of RA No. 9369, the pertinent portion of said section provides:

“Official Ballot. - The Commission shall prescribe the format of the electronic
display and/or the size and form of the official ballot, which shall contain the titles of the
position to be filled and/or the proposition to be voted upon in an initiative, referendum or
plebiscite. Where practicable, electronic displays must be constructed to present the
names of all candidates for the same position in the same page or screen, otherwise, the
electronic displays must be constructed to present the entire ballot to the voter, in a series
of sequential pages, and to ensure that the voter sees all of the ballot options on all pages
before completing his or her vote and to allow the voter to review and change all ballot
choices prior to completing and casting his or her ballot.”

In other words, RA No. 9369 requires that the voting machine whether DRE or
paper-based should be equipped with an electronic display to enable the voter to see his
ballot, the names of the candidates and the choice or choices that he registered and even
review his choices and make corrections thereto, if he chooses to. The PCOS was not
properly equipped with these essential feature leaving a big question mark in the minds of
the voters of whether or not their votes were counted and whether or not they were counted


properly to reflect their true choices as there is no proof whatsoever that would assure them
so.

All told, the PCOS machine did not meet the minimum functional capabilities of the
voting machine contemplated by RA No. 9369 for the automation of the country’s election
system. Hence, the 2010 ‘automated’ election was conducted in palpable disregard and
contravention of applicable laws casting serious doubts on the integrity and credibility of the
electoral exercise and any forthcoming election, plebiscite, referendum or initiative that may
be conducted under the said system. This is now a cause for serious concern considering
that the next election is only a year and half away.

Moreover, and this is possibly the reason COMELEC resorted to the use of a
counting machine instead of a voting machine, the use of a voting machine, whether DRE
or paper based is much, much more expensive. But definitely, this is no excuse for not
complying with the law.

A contingency plan, is therefore, a necessity to avoid a possible derailment of our
electoral process since going on with the system used in 2010 would be irresponsible, if not
downright reckless. COMELEC has already demonstrated its inability to implement the
automation contemplated and mandated by RA 9369, hence, Congress needs to come up
with a viable, less costly, simpler and more acceptable alternative for the coming May 2013
election. The alternative should be able to strike a balance between the acknowledged
benefits of electronic technology and the time-honored familiarity and proven acceptability
of manual elections. It should plug the proven weaknesses of the old system while a
reliable, credible and acceptable automated system is yet in the works. It should pass
constitutional scrutiny, and be at par with the hopes, and the faith, of the sovereign people
who possess the sacred right to vote.

This bill offers such an alternative. Hence, its swift passage is earnestly prayed for.

BLO P. GARCIA


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

FIFTEENTH CONGRESS
Second Regular Session

House Bill No.

Introduced by Deputy Speaker PABLO P. GARCIA

AN ACT
PROVIDING FOR THE CONDUCT OF ELECTION ON MAY 2013 AND FOR OTHER
PURPOSES

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

SECTION 1. Title. This Act shall be known as the “Act Providing for the Conduct
of the May 2013 Elections”

SEC. 2. Coverage. The coverage of the provisions of this Act shall be limited to the
conduct of the election in May 2013.

SEC. 3. Filing of Certificates of Candidacy. - The certificate of candidacy of any
person running for the office of President, Vice-President, Senator, Member of the House of
Representatives, Party-list Representatives or any elective provincial, city or municipal
official shall be filed in five (5) legible copies with the offices of the Commission specified
hereunder not later than the day before the date legally fixed for the beginning of his
campaign period.

(a) The certificate of candidacy for President, Vice-President, Senators and Party-list
Representatives shall be filed with the main office of the Commission in Manila;

(b) The certificate of candidacy for the Members of the House of Representatives shall be
filed with the provincial election supervisor of the province concerned. Those for
legislative districts in the National Capital Region shall be filed with the regional election
director of said region and those for legislative districts in cities outside the National
Capital Region which comprise one or more legislative districts shall be filed with the city
election registrar concemed;

(c) The certificate of candidacy for provincial offices shall be filed with the provincial
supervisor concerned; and


(d) The certificate of candidacy for city or municipal offices shall be filed with the city or
municipal election registrar concerned.

Whenever practicable, the names of registered candidates for local positions shall be
printed in the election returns: Provided, That, if a candidate has been disqualified or
declared a nuisance candidate, it shall be the duty of the Commission to instruct without
delay the appropriate election officials to delete the name of said candidate as printed in the
election return

The certificate of candidacy shall be filed by the candidate personally or by his duly
authorized representative. No certificate of candidacy shall be filed or accepted by mail,
telegram or facsimile.

SEC. 4. Officials Ballots. -

(a) Ballots for national and local elections, regular or special, plebiscites and referenda,
shall be of uniform size and shall be prescribed by the Commission. They shall be
printed in black ink on which security paper with distinctive, clear and legible watermarks
that will readily distinguish it from ordinary paper. Each ballot shall be in the shape of a
strip with stub and detachable coupon containing the serial number of the ballot, and a
space for the thumb mark of the voter on the detachable coupon. It shall bear at the top
of the 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, the date of the election, and the following notice in English: "Fill
out this ballot secretly inside the voting booth. Do not put any distinct mark on any part
of this ballot.”

(b) The official ballot shall also contain the names of all the offices to be voted for in the
election, allowing opposite the name of each office, sufficient space or spaces with
horizontal lines where the voter may write the name or names of individual candidates
voted for by him

() There shall not be anything printed or written on the back of the ballot except as
provided in Section 24 of this Act.

(d) Official ballot for cities and municipalities where Arabic is of general use shall have each
of the titles of the offices to be voted for printed in Arabic in addition to and immediately
below the English title.

(e) Notwithstanding the preceding provisions, the Commission is hereby authorized to
prescribe a different form of official ballot on the same watermarked security paper to
facilitate voting by illiterate voter only and to use or adopt the latest technological and
electronic devices in connection therewith as provided under Section 52(i) of the
Omnibus Election Code.

SEC. 5. Signature of Chairman and Watchers at the Back of Every Ballot. - In
every case before delivering an official ballot to the voter, the chairman of the board of
election inspectors and one watcher for the majority and another for the dominant minority
parties shall, in the presence of the voter, affix their signatures at the back thereof. Failure
to so authenticate shall be noted in the minutes of the board of election inspectors and shall


constitute an election offense punishable under Section 263 and 264 of the Omnibus
Election Code. (See. 24 of RA 7166)

SEC. 6. Manner of Counting votes. In addition to the requirement in the fourth
paragraph of Section 12 of the Republic Act No. 6646 and Section 210 of the Omnibus
Election Code, in reading the official ballots during the counting, the chairman, the poll clerk
and the third member shall assume such positions as to provide the watchers and the
members of the public as may be conveniently accommodated in the polling place, an
unimpeded view of the ballot being read by the chairman, of the election return and the tally
board being simultaneously accomplished by the poll clerk and the third member
respectively, without touching any of these election documents. The table shall be cleared
of all unnecessary writing paraphernalia. Any violation of this requirement shall constitute
an election offense punishable under Section 263 and 264 the Omnibus Election Code.

The chairman shall first read the votes for national positions.

Any violation of this Section, or its pertinent portion, shall constitute an election
offense and shall be penalized in accordance with Batas Pambansa Big. 881.

SEC. 7. Counting of Votes to be Public. - As soon as the voting is finished, the
board of election inspectors shall publicly count in the polling place the votes cast and
ascertain the results. The board may rearrange the physical set up of the polling place for
the counting or perform any other activity with respect to the transition from voting to
counting. However, it may do so only in the presence of the watchers and within close view
of the public. At all times, the ballot boxes and all election documents and paraphernalia
shall be within close view of the watchers and the public.

The board of election inspectors shall not adjourn or postpone or delay the count
until it has been fully completed, unless otherwise ordered by the Commission

The Commission, in the interest of free, orderly, and honest election, may authorize
the board of election inspectors to count the votes and to accomplish the election return
and other forms prescribed under the code in any other place within a public building in the
same municipality or city on account of imminent danger of widespread violence or similar
causes of comparable magnitude: Provided, That the transfer shall have been
recommended in writing by the board of election inspectors by unanimous vote and
endorsed in writing by the majority of watchers present: Provided, further, that the said
public building shall not be located within the perimeter of or inside a military or police
camp, reservation, headquarters, detachment or field office nor within the premises of a
prison or detention bureau or any law enforcement or investigation agency.

Any violation of this section, or its pertinent portion, shall constitute an election
offense and shall be penalized in accordance with Batas Pambansa Big. 881."

SEC. 8. Election Returns. - The board of election inspectors shall prepare the
election returns simultaneously with the counting of votes in the polling places as
prescribed in Section 210 hereof. The recording of votes shall be made as prescribed in
said section. The entry of votes in words and figures for each candidate shall be closed with
the signatures and the clear imprint of the thumb mark of the right hand of all the members,


likewise to be affixed in full view of the public, immediately after the last vote recorded or
immediately after the name of the candidate who did not receive any vote.

The returns shall also show the date of the election, the polling place, the barangay
and the city or municipality in which it was held, the total number of ballots found in the
compartment for valid ballots, the total number of valid ballots withdrawn from the
compartment for spoiled ballots because they were erroneously placed therein, the total
number of excess ballots, the total number of marked or void ballots, and the total numbers
of votes obtained by each candidate, writing out the said number in words and figures and,
at the end thereof, the board of election inspectors shall certify that the contents are correct.
The returns shall be accomplished in a single sheet of paper, but if this is not possible,
additional sheets may be used which shall be prepared in the same manner as the first
sheet and likewise certified by the board of election inspectors.

The Commission shall take steps so that the entries on the first copy of the election
returns are clearly reproduced on the second, third, fourth, fifth, sixth copies thereof, and for
the purpose the Commission shall use a special kind of paper.

Immediately upon the accomplishment of the election return for national positions,
the poll clerk shall announce the posting of the second copy of the election return on a wall
with sufficient lighting within the premises of the polling place or counting center. He shall
then proceed to do the same in the presence of the other members of the Board, the
watchers and those present in the polling place or counting center. Without delay and,
when feasible, he shall secure an image of the election return using a secured data
capturing device and immediately thereafter, while in the premises of the polling place or
counting center, directly print thirty (30) copies of the election return. Once the prints have
been produced, the poll clerk shall call the other members of the board to authenticate each
printed copy by closely comparing the same with the election return posted on the wall in
the presence of the watchers and within view of the public. If the Board finds each print a
faithful reproduction of the election return, all members thereof shall annotate and sign a
Certification to that effect on the bottom front of the print.

Each certified printed copy shall be placed in an envelope and distributed as herein
provided. Designated recipients of the certified print copies may receive their copies at the
polling place or counting center.

Immediately upon the accomplishment of the election returns for local positions, the
second copy of the same shall be posted on a wall with sufficient lighting within the
premises of the polling place.

The other copies of election returns for both national and local position shall be
sealed in the presence of the watchers and the public, and placed in the proper envelope,
which shall likewise be sealed and distributed as herein provided.

Any election return with a separately printed serial number or which bears a different
serial number from that assigned to the particular polling place concerned shall not be
canvassed. This is to be determined by the board of canvassers prior to its canvassing on
the basis of the certification of the provincial, city or municipal treasurer as to the serial
number of the election return assigned to said voting precinct, unless the Commission shall
order in writing for its canvassing, stating the reason for the variance in serial numbers.


If the signatures and/or thumb marks of the members of the board of election inspectors or
some of them as required in this provision are missing in the election returns, the board of
canvassers may summon the members of the board of election inspectors concerned to
complete the returns

The citizen's arm is mandated to present for perusal its copy of the election return to
the board of election canvassers upon the request of any interested candidate.

Any violation of this section or its pertinent portion, shall constitute an election
offense and shall be penalized in accordance with Batas Pambansa Big. 881

In addition, the following shall likewise be guilty of an election offense:

(a) Any Person who removes the election return posted on the wall, whether within or after
the prescribed forty-eight (48) hours of posting, or defaces the same in any manner;

(b) Any person who simulates an actual election return, or a print or digital copy thereof;
(c) Any person who simulates the certification in a print of an election return;

(d) The chairman or any member of the board of election inspectors who, during the
prescribed period of posting, removes the election return from the wall on which it had
been posted other than for the purpose of immediately transferring it to a more suitable
place;

(€) The chairman or any member of the board of election inspectors who signs or
authenticates a print of the election return outside of the polling place; and

(f) The chairman or any member of the board of election inspectors who signs or
authenticates a print which bears an image and/or data different from the election return
produced after counting and posted on the wall.

SEC. 9. - Number of Copies of Election Returns and their Distribution. - The
board of election inspectors shall prepare in handwriting the election returns in their
respective polling place, in the number of copies herein provided and in the form to be
prescribed and provided by the Commission

The copies of election returns shall be distributed by the chairman of the board of
election inspectors as follows:

(a) In the election of president, vice-president, senators and members of the House of
Representatives including the party-list representatives:

(1) The first copy shall be electronically transmitted to the city or municipal board of
canvassers and the copy itself shall be delivered later;

(2) The second copy to be posted on a wall within the premises of the polling place;

(3) The third copy, to the congress, directed to the President of the Senate;


(4) The fourth copy. to the Commission;

(6) 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, to a citizens’ arm_authorized by the Commission to conduct an
unofficial count: Provided, however, That the accreditation of the citizens’ arm shall
be subject to the provision of Section 52(k) of Batas Pambansa Bldg. 881; and

(8) The eight copy shall be deposited inside the compartment of the ballot box for valid
ballots; and

(b) In the election of local officials;

(1) The First copy shall be electronically transmitted_to the city or municipal board of
canvassers and the copy itself shall be delivered later,

(2) The second copy to be posted on a wall within the premises of the polling place;
(3) The third copy, to the Commission;
(4) The fourth copy, to the provincial board of canvassers;

(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, to a citizens’ arm authorized by the Commission to conduct an
unofficial count: Provided, however, That the accreditation of the citizens' arm shall
be subject to the provisions of Section 52(k) of Batas Pambansa Bldg. 881; and

(8) The eighth copy shall be deposited inside the compartment of the ballot box for valid
votes,

The copy of the election return posted on the wall shall be open for public viewing at any
time of the day for forty-eight (48) hours following its posting. Any person may view or
capture an image of the election return 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 its posting
After the prescribed period for posting, the chairman of the board of election inspectors
shall collect the posted election returns and keep the same in his custody to be produced
for image or data capturing as may be requested by any voter for any lawful purpose as
may be ordered by competent authority.


Except for those copies that are required to be delivered, copies of election returns
may be claimed at the polling place. Any unclaimed copy shall be brought by the chairman
of the board of election inspectors to the canvassing center where the recipients or their
representatives may claim them. Copies still unclaimed at the canvassing center shall be
deemed placed in the custody of the chairman of the board of election inspectors, who shall
produce them when requested by the recipient or when ordered by a competent authority.

The Thirty (30) certified print copies of the election return for national positions shall
be distributed as follows:

(a) The first fourteen (14) copies shall be given to the fourteen (14) accredited major
national parties in accordance with a voluntary agreement among them. If no such
agreement is reached, the Commission shall decide which parties shall receive the
copies on the basis of the criteria provided in Section 26 of Republic Act 7166.

(b) The next three copies shall be given to the three accredited major local parties in
accordance with a voluntary agreement among them. If no such agreement is reached,
the Commission shall decide which parties shall receive the copies on the basis of
criteria analogous to that provided in Section 26 of Republic Act 7166.

(0) The next five copies shall be given 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;

(d) The next two copies shall be given to local broadcast or print media entities as may be
equitably determined by the Commission in view of propagating the copies to the widest
extent possible;

(e) The next four copies to the major citizens’ arms, including the accredited citizens' arms
and other non-partisan groups or organizations enlisted by the Commission pursuant to
Section 52(k) of Batas Pambansa Big. 881;

(f) The next copy to be placed inside the compartment of the ballot box for valid ballots;
and

(g) The last copy to the provincial board of canvassers."

The certified printed copies may be claimed at the polling place. Any unclaimed copy
shall be brought by the chairman of the board of election inspectors to the canvassing
center where the recipients or representatives may claim them. Copies still unclaimed at the
canvassing center shall be placed in the custody of the chairman of the board election
inspectors, who shall produce them when requested by the recipient or when ordered by a
competent authority.

___ Any provision of law to the contrary notwithstanding, any of the recipients of the
printed or digital copies of the election return may conduct an unofficial consolidation of
votes and may announce the result to the public.


The Commission shall post its digital files in its website for the public to view or
download at any time of the day. The Commission shall maintain the files at least three
years from the date of posting,

Any violation of this section, or its pertinent portion, shall constitute an election
offense and shall be penalized in accordance with Batas Pambansa Big. 881;

SEC. 10. Canvassing by Provincial, City, District, and Municipal Board of
Canvassers. - a) The City or municipal of board of canvassers shall canvass the election
returns for President, Vice president, Senator and Members of the House of
Representatives and for elective provincial and city or municipal officials: Provided, That the
returns for national positions shall be canvassed first. Upon completion of the canvass, it
shall prepare the certificate of canvass for Representatives and elective provincial officials,
announce the results of the election for national positions in the city or municipality, and
thereafter, proclaim the elected city or municipal officials, as the case may be.

b) The city board of canvassers of cities comprising one or more legislative district shall
canvass the election returns for president, vice-president, senator, members of the House
of Representatives and elective city officials: Provided, That the returns for positions shall
be canvassed first. Upon completion of the canvass, the board shalll prepare the certificate
of canvass for president, vice-president, and senators, announce the results of the election
for national positions in the city, and thereafter, proclaim the elected members of the House
of the Representatives and city officials.

¢) (1) In the Metro Manila Area such municipality comprising a legislative district shall have
district board of canvassers which shall canvass the election returns for President, Vice-
Presidents, Senators, Members for the House of Representatives and elective municipal
officials: Provided, That the returns for national positions shall be canvassed first. Upon
completion of the canvass, it shall prepare the certificate of canvass for president, vice-
president, and senators, announce the results of the election for national position in the
municipality, and thereafter, proclaim the elected member of the House of the
Representatives and city officials

(2) Each component municipality in a legislative district in the Metro Manila Area shall have
a municipal board of canvassers which shall canvass the election returns for president,
vice-president, senators, members of the House of Representatives and elective municipal
officials: Provided, That the returns for national positions shall be canvassed first. Upon
completion of the canvass, it shall prepare the certificate of canvass for president, vice-
president, senators, and members of the House of the Representatives; announce the
results of the election for national position in the municipality; and thereafter, proclaim the
elected municipal officials.

(3) The district board of canvassers of each legislative district comprising two municipalities
in Metro Manila area shall canvass the certificate of canvass for president, vice-president,
senator s and members of the House of Representatives submitted by the municipal board
of canvassers of the component municipalities. Upon completion of the canvass, it shall
prepare a certificate of canvass for president, vice-president, and senator, announce the
fesults of the election for national positions in the district, and thereafter, proclaim the
elected member of the House of the Representatives in the legislative district


(d) The provincial board of canvassers shall canvass the certificates of canvass for
president, vice president, senators and members of the House of Representatives and
elective provincial officials as well as plebiscite results, if any plebiscite is conducted
simultaneously with the same election, as submitted by the board of canvassers of
municipalities and component cities: Provided, That the returns for national positions shall
be canvassed first. Upon completion of the canvass, it shall prepare the certificate of
canvass for president, vice-president, and senators, announce the results of the election for
national positions in the province, proclaim the elected member of the House of
Representatives and provincial officials as well as the plebiscite results, if any.

In conducting the canvass of election returns or certificates of canvass, as the case
may be, the board of canvassers in a municipality, city, district or province shall project
each election return or certificate of canvass on a wall from which its contents shall be read
in order that those present in the canvassing canter may follow the progress of the
canvassing process from beginning to end. The Commission may utilize the appropriate
projection equipment for this purpose.

Immediately after the certificate of canvass for national positions is accomplished,
the chairman of the Board of Canvassers shall announce the posting of the second copy
thereof and its supporting statement of votes on a wall with sufficient lighting within the
premises of the canvassing center. He shall then proceed to do the same in the presence of
the other members of the board, the watchers and within public view in the canvassing
center. Without delay and when feasible, he shall capture images of the certificate of
canvass and supporting statements of votes using a secured data capturing device and
thereafter, while in the premises of the canvassing center, immediately print the data so
captured in thirty (30) copies. The board of canvassers shall then authenticate each printed
copy, in the presence of watchers and within public view, by closely comparing the same
with the certificate of canvass or statement of votes, as the case may be, posted on of the
wall. If the board finds each printed copy a faithful reproduction of the certificate of canvass
or statement of votes, all members thereof shall annotate and sign a certification to that
effect on the bottom front of the printed copy.

Each certified printed copy shall be placed in an envelope and distributed as herein
provided. Designated recipient of the certified printed copies may receive their copies at the
canvassing center.

The Chairman of the board shall transmit the digital files of the certificate of canvass
and its supporting statement of votes using a secured transmission device with
authentication features to the secured tabulation system of the Commission and to the
systems of the other designated recipients as herein provided.

Any provision of law to the contrary notwithstanding, any of the recipients of the print
or digital copies of the certificate of canvass and the supporting statements of votes may
conduct an unofficial consolidation of votes and may announce the result thereof to the
public.

Any violation of this section, or its pertinent portion, shall constitute an election
offence and shall be penalized in accordance with Batas Pambansa Big. 881.

In addition, the following shall likewise be guilty of an election offense:


(a) Any person who removes the certificate of canvass posted on the wall, whether within or
after the prescribed forty-eight (48) hours of posting, or defaces the same in any manner;

(b) Any person who simulates an actual certificate of canvass or statement of votes, or a
print or digital copy thereof;

(c) Any person who simulates the certification of a certificate of canvass or statement of
votes;

(d) The chairman or any member of the board of canvassers who, during the prescribed
period of posting, removes the certificate of canvass or its supporting statement of votes
from the wall on which they have been posted other than for the purpose of immediately
transferring them to a more suitable place;

(e) The chairman of any member of the board of canvassers who signs or authenticates a
print of the certificate of canvass or its supporting statement of votes outside of the polling
place: and

(f) The chairman or any member of the board of canvassers who signs or authenticates a
print which bears an image and/or data different from the certificate of canvass or statement
of votes produced after counting and posted on the wall

SEC. 11. Number of Copies of Certificate of Canvass and their Distribution. - a)
the certificate of canvass for president, vice-president, senators and members of the House
of Representatives and elective provincial officials shall be prepared in seven copies 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 and members of the
House of Representatives and elective provincial officials:

(2) The second copy shall be sent to the Commission;
(3) The third copy shall be posted on a wall within the premises of the canvassing center
(4) The fourth copy shall be kept by the chairman of the Board: and

(5) the fifth copy shall be given to the citizens’ arm designated by the Commission to
conduct a media-based unofficial count, and the sixth and seventh copies shall be given to
the representatives of two of the six major political parties in accordance with the voluntary
agreement of the parties. If no such agreement is reached, the commission shall decide
which parties shall receive the copies of the certificate of canvass on the basis of the
criteria provided in Section 26 of RA 7166. The parties receiving the certificate shall have
the obligation to furnish the other parties with authentic copies thereof with the at least
possible delay.

b) The certificates of canvass for president, vice president, senators shall be prepared in
seven (7) copies by the city board of canvassers of cities comprising one or more legislative


districts, by provincial boards of canvassers in the Metro Manila Area, and distributed as
follows:

(1) The first copy shall be sent to the 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 posted on a wall within the premises of the canvassing center;
(4) The fourth copy shall be kept by the Chairman of the Board; and

(5) The fifth copy shall be given to the citizens’ s arm designated by the Commission to
conduct a media -based unofficial count, and the sixth and seventh copies shall be given to
the representatives of two of the six major political parties. If no such agreement is reached,
the commission shall decide which parties shall receive the copies of the certificate of
canvass on the basis of the criteria provided in Section 26 of RA 7166. The parties
receiving the certificates shall have the obligation to furnish the other parties with authentic
copies thereof with the least possible delay.

The copy of the certificate of canvass posted on the wall shall be open for public
viewing at any time of the day for forty-eight (48) hours following its posting. Any person
may view or capture an image of the certificate of canvass .After the prescribed period for
posting, the chairman of the board of canvassers shall collect the posted certificates of
canvass and keep the same in his custody to be produced for image or data capturing as
may be requested by any voter or for any lawful purpose as may be ordered competent
authority.

Except for those copies that are required to be delivered, copies of certificates of
canvass may be claimed at the canvassing center. Any unclaimed copy shall be deemed
placed in the custody of the chairman of the board of canvassers, who shall produce them
when requested by the recipient or when ordered by a competent authority.

The thirty (30) certified print copies of the certificate canvass for national positions
shall be distributed as follows:

(a) The first fourteen (14) copies shall be given to the fourteen (14) accredited major
national parties in accordance with a voluntary agreement among them. If no such
agreement is reached, the commission shall decide which parties shall receive the copies
on the basis of the criteria provided in Section 26 of RA 7166;

(b) The next three copies shall be given to the three accredited major local parties in
accordance with a voluntary agreement among them. If no such agreement is reached, the
Commission shall decide which parties shall receive the copies in the basis of criteria
analogous to the criteria provided in Section 26 of RA 7166;

(c) The next five copies shall be given 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;


(d) The next two copies shalll be given to local broadcast or print media entitles as may be
equitably determined by the Commission in view propagating the copies to the widest
extent possible;

(e) The next four copies to the major citizen's arms, including accredited citizen’ arm, and
other non -partisan groups or organizations enlisted by the commission pursuant to section
52(K) of Batas Pambansa Big. 881; and

(f) The last two copies to be kept in file by the chairman of the board of canvassers to be
subsequently distributed as the national board of canvassers may direct.

The certified print copies may be claimed at the canvassing center. Any unclaimed
copy shall be deemed place in the custody of the chairman of the board of canvassers, who
shall produce them when requested by the recipient or when ordered by a competent
authority.

The commission shall post its digital files in its website for the public to view or
download at any time of the day. The commission shall maintain the files for at least three
years from the date of posting.

Any violation of this section, or its pertinent portion, shall constitute an election
offense and shall be penalized in accordance with Batas Pambansa Big. 881

SEC. 12. Congress as the National Board of Canvassers for the Election of
President and Vice President: The Commission en banc as the National Board of
Canvassers for the election of Senators: Determination of Authenticity and Due
Execution of Certificates of Canvass.- Congress and the Commission en banc shall
determine the authenticity and due execution of the certificates of canvas for president and
vice - president and senators, respectively, as accomplished and transmitted to it by the
local boards of canvassers, on a showing that: (1) each certificate of canvass was
executed, signed and thumb marked by the chairman and members of the board of
canvassers and transmitted or caused to be transmitted to Congress by them; (2) each
certificate of canvass contains the names of alll of the candidates for president and vice -
president or senator, as the case may be, and their corresponding votes in words and in
figures; (3) there exits no discrepancy in other authentic copies of the document such as
statements of votes or any of its supporting document such as statement of votes by
city/municipality/by precinct or discrepancy in the votes of any candidate in words and
figures in the certificate; and (4) there exist no discrepancy in the votes of any candidate in
words and figures in the certificates of canvass against the aggregate number of votes
appearing in the election returns of precincts covered by the certificate of canvass:
Provided, That certified print copies of election returns or certificates of canvass may be
used for the purpose of verifying the existence of the discrepancy.

When the certificate of canvass, duly certified by the board of canvassers of each
province, city or district, appears to be incomplete, the Senate President or the Chairman of
the Commission, as the case may be, shall require the board of canvassers concerned to
transmit by personal delivery, the election returns from polling places that were not included
in the certificate of canvass and supporting statements. Said election returns shall be
submitted by personal delivery within two (2) days from receipt of notice.


When it appears that any certification of canvass or supporting statement of votes of
each province, city of district, appears to be incomplete, the Senate President or the
Chairman of the Commission, as the case may be, shall require the board of canvassers
concerned to transmit by personal delivery, the election returns from polling places that
were not included in the certificate of canvass and supporting statements. Said election
returns shall be submitted by personal delivery within two (2) days from receipt of notice.

When it appears that any certificate of canvass or supporting statement of votes by
city/municipality or by precinct bears erasures or alteration which may cast doubt as to the
veracity of the number of votes stated herein and may affect the result of the election, upon
request of the presidential, vice - presidential or senatorial candidate concerned or his
party, Congress or the Commission en banc, as the case may be shall, for the sole purpose
of verifying the actual number of votes cast, may count the votes as they appear in the
copies if the election returns submitted to it.

In case of any discrepancy, incompleteness, erasure or alteration as mentioned
above, the procedure on pre-proclamation controversies shall be adopted and applied as
provided in Sections 17,18,19 and 20 of Republic Act No. 7166.

Any person who presents in evidence a simulated copy of an election return,
certificate of canvass or statement of votes, or a printed copy of an election return,
certificate of canvass or statement of votes bearing a simulated certification or a simulated
image, shall be guilty of an election offense and shall be penalized in accordance with
Batas Pambansa Big. 881

SEC. 13. Communication Channels for Electronic Transmissions. - All electronic
transmissions of the election returns, certificates of canvass and other related documents
shall utilize secure transmission channels as recommended by the DOST and the National
Telecommunications Commission to ensure authenticity and integrity of transmission

The Commission is hereby authorized to procure the necessary equipment, facilities
and services for putting up the electronic transmission system contemplated in this Act.

SEC. 14. Appropriations. The amount necessary to carry out the provisions of this
Act shall be charged against the Php 8 billion election automation budget provided in the
2012 General Appropriations Act .

If the said funds shall not be fully utilized, the remaining amount shall continue to be
appropriated for the implementation of the mandatory Biometric Registration Project and
electoral modernization projects of the Commission

____ SEC. 15. All laws, decrees, executive orders, resolutions, regulations, ordinances or
circulars inconsistent with the provisions of this Act are hereby repealed or modified
accordingly or declared null and void and inoperative.

SEC. 16. This Act shall take effect upon its approval.

Approved,