Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

4433

HOUSE BILL NO,

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

AN ACT
TO INSTALL A PROTEST MECHANISM
IN THE AUTOMATED ELECTION SYSTEM

AMENDING 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,

EXPLANATORY NOTE,

Automated election systems were touted to prevent dagdag-bavas or wholesale cheating in manual
lections that has become almost synonymous with the conven al process.

But it did not fulfil its promise as the last ovo automated elections were marred by election protests,
So far, automation has not solved the issues perpetually hounding the conduct of the elections in the

country

In the 2010, there were 96 cases of election protests lodged with the COMELEC. In 2013, there were
62 cases, The mechanism used by the COMELEC in 2010 in resolving protests was for the protestants
to get the pilot 20 percent of ballots from protested precinets and bring the ballot boxes and re
ballots, But in 2013, protestants were given an option to “waive the bringing of the ballot boxes and the

ballots for revision. The option for them is to allow the use of decrypted picture image of the ballots

(in the compact flash cards).”

including the flash cards, it may be
h cards, The other option though

But due to the lack of security measures in the PCOS machines
vulnerable to tampering and alteration of the images saved in the
can produce correct results if not subjected to ballot switching, but it is more expensive as a protestant
will have to pay a fee of P3,000 per contested precinct. Decrypting the CF cards, on the other hand,
costs only P500 per CF card.

‘This bill seeks to install a safer, more accurate and cheaper mechanism to produce evidence for the
resolution of election protest eases. Our own Filipino IT community has come up with such


mechanism and therefore can be relied on in the development and/or installation of this in the PCOS
machines; thus we do not have to rely on foreign private entities.

This is only among the many reforms legislation can do for the improvement of our election system in
the country ~ not only for securing the sanctity of the ballot but also a statt for salvaging what is left of

the people’s trust in the electoral system.

Hence, the passage of this bill is therefore earnestly sought.

: ‘amuae fl roe
Rép. NERIJ.COLMENARES / woh hn sala

Bayun Mina Party-list Bayan Muna Patty-list


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

House Bil. No,__4499

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

AN ACT
‘TO INSTALL A PROTEST MECHANISM
IN THE AUTOMATED ELECTION SYSTEM

AMENDING 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.

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

SECTION 1. Section 2 of Republic Act No. 8436, as amended by Republic Act No. 9369, is hereby
amended to include the following definition of terms:

2. Definition of Terms. - As used in this Act, the following terms shall mean:

14. DATA CONSISTENCY ERRORS. DATA C! TENCY REFERS TO
1 3QUALITY OF CONTENT OF A DOCUMENT
COC WHEREVER THE DOCUMENT MAY BE J
VOTING MACHINE, OR THE VER AT ANY L

AT THE,

VEL.

SECTION 2. A provision, to be inserted a:

Section 10, is hereby added as follows:

‘TION 10, COMPUTERIZATION ERRORS AS GROUNDS FOR
OTION PROTEST. THERE IS A COMPUTERIZATION ERROR WHEN
iE AUTOMATED ELECTION SYSTEM (A FAILS TO PROPERLY
EXEC OR PERFORM ACCORDING TO EXPECTATIONS THAT
INCLUDE THE FEATURES PROVIDED IN SECTION 7 OF RA 8436, THE
ERRORS INCLUDE, BUT ARE NOT LIMITED TO ‘THE AES? FAILURE TO:
(a) CAPTURE THE VOTER'S INTENT, OR
(b) ADD THE VOTER’S VALID VOTES TO THE VOTE COUN
HIS/HER CHOSEN CA) IDAT
(c) COMPUTE THE CORRECT VOTE TOTALS FOR EACH CANDIDATE
(@) TRANSMIT THE AUTHENTIC DIGITALLY-SIGNED ELECTION RETURN
(ER) OR ANY OF ITS PARTS TO TE

EL



(e) TRANSMIT THE AUTHENTIC DIGITALLY-SIGNED SOV AND COC OR
ANY OF THEIR PARTS FROM ONE CANVASSING LEVEL TO THE,
HIGHER CANVASSING LEVEL;

(f) CORRECTLY CONSOLIDATE ALL VOTES FOR EACH CANDIDATE AT
THE MUNICIPAL, CITY, DISTRICT, AND PROVINCIAL LEVELS, OR

(g) RECORD ALL THE VOTES AND TOTALS IN THEIR PROPER ELECTION
FORMS (BR, SOV, COC); OR

(h) ANY FAILURE OF THE AES THAT RESUL’
TABULATIONS AT ANY LEVEL OF CANW

ATIONS PUBLISHED BY TH MEI

WEBSITE

S IN ERROR IN ANY OF THE
ING, SUCH AS TH
> PUBLIC ACC

SECTION 10.1, DOCUMENTATION OF AES FAILURES. ANY SUCH
FAILURES MUST BE, DOCUMENTED BY ENTERING THE FAILURE IN THE
AUDIT LOGS OF THE CONCERNED MACHINE (VOTING MACHIN'
5 MACHINE) WITH ENOUGH DETAIL SO THAT SUCH AUDIT LOG
TRIES CAN BE PRINTED OUT,

SECTION 10.2. RULES OF PROCEDURE TO ADDRESS AES FAILURE,
THE OCCURRENCE OF SUCH FAILURES IS A GROUND FOR AN ELECT!

A PROC TO ADDRESS
AND PROVIDE, PROCEDURES FOR
Y (90)

TO PROVIDE
SUCH FAILURI
VANCES AS A RESULT THEREOB, WITHIN NIN
DAYS FROM THE ADOPTION OF THIS LAW,

SECTION 10.3, EFFECT OF AES FAILURE AND THE SERVICE
PROVIDER. THE SURRENCE ANY FAILURE IN THE AES WILL
DISQUALIFY ‘THE OMATION SERVICE PROVIT FROM ANY
IER PARTICIPATION IN FUTURE AES, WITHOUT PREJUDICE ‘TO

SECTION 3. Repealing Clause. - Any law, presidential decree or issuance, executive order, letter of
instruction, administrative order, rule ot regulation contrary to, or inconsistent with, the provisions of
this Act is hereby repealed, modified or amended accordingly.

SECTION 4, Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in at
least two newspapers of general circulation.

Approved,