Republic of the Philippines
HOUSEOF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 483

INTRODUCED BY HONORABLE CHERYL P. DELOSO-MONTALLA

EXPLANATORY NOTE

Suffrage is the right and obligation, though not mandatory, to vote of qualified citizens in
the election of certain national and local officers of the government and in the decision of public
questions submitted to the people1'. The right to vote has reference to a constitutional guarantee
of the utmost significance. It is the right without which the principle of sovereignty residing in the
people becomes nugatory”. It is essential then to ensure that the voters shall exercise their right
freely, “uninfluenced by threats, intimidation or corrupt motives” and to secure a fair and honest
count of the ballots.”* To accomplish this, Congress is directed by the Constitution “to provide a
system for securing the secrecy and sanctity of the ballot.

In 1997, Republic Act (R.A.) No. 8436 was enacted into law authorizing the Commission
on Elections (COMELEC) to use an automated election system. Following this, R. A. 9369 was
passed on January 2007 to finally enable the COMELEC to conduct automated election in 2010
and in the succeeding election exercise. The first automated election was a result of the desireto
cleanse the election process of some 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.*

These landmark measures ushered in the 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 are now wishful thinking as the conduct of the last three “automated”
national and local elections proved more disappointing than fulfilling. The failures and
shortcomings of the system that was utilized were so grave that they cast serious doubts on its
integrity and credibility. Section 2 of RA No. 9369 defines the automated election (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.”
Unfortunately, the 2010, 2013 and 2016 “automated” elections were both illegal and
constitutionally infirm electoral processes due to the refusal or failure of COMELEC to comply
with the provisions of R. A. 9369 for reasons known only to the COMELEC and its partner,
SMARTMATIC.®

* de Leon, 2002. Textbook on the Philippine Constitution.

? Pungutan vs Abubakar, L-33541, Jan 20, 1972

3 Garner vs Romulo, 26 Phil. 521.

* Explanatory Note of Hon. Gwendolyn Garcia on House Bill No. 313, 17" Congress
5 Ibid.

Ibid.


The Precinct Count Optical System (PCOS) used during the 2010 and 2013 national and
local elections, and the Vote Counting Machine (VCM) used during the national, local and
ARMM elections of 2016 and 2019, for example, were mere counting and transmission machines,
as opposed to the voting machine prescribed by R.A 9369, precisely to serve the purpose of the
law - automation from voting to canvassing. This essential requirement has been totally ignored
to the point of ignominy. The voting was manual, i.c., the voter manually filled out the ballot by
shading a small oval before the name of the candidate on the ballot, while the counting and
transmission, however, are a different story.”

Moreover, while the concern about the lack of a voter-verified paper audit trail (VVPAT)
in the PCOS machine was addressed by the VCM, the electronic display thereon did not comply
with the specifications of Section 13 of R.A 9369, which provides:

“SEC. 13. Section 11 of Republic Act No. 8436 is hereby amended to read
as follows:

“SEC 15, 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. xxx .”

Sadly, while the VCM was equipped with an electronic display, it merely displayed the
voter's choices in a mere split-second, effectively depriving the voter of an opportunity to verify
if his/her vote was indeed considered by the machine, or to review his/her ballot and make
corrections thereto before approving its receipt by the VCM. Needless to state, this perfunctory
compliance still leaves a lingering doubt in the minds of the voters of whether their votes were
counted or if they were counted properly to reflect their true choices.

His Excellency President Rodrigo Roa Duterte expressed his frustration over the conduct
of the 2019 midterm election by the COMELEC with Smartmatic as its partner. A hearing done
by the Joint Congressional Oversight Committee (JCOC) on Electoral Reforms after the May 2019
elections revealed that on top of the old issues of ballot pre-shading, malfunctioning VCMs and
substandard SD cards was the massive vote-buying activities in the guise of payment of honoraria
by politicians of their “outside” watchers and the so called “technical glitch” resulting allegedly
from the queueing of data in one of the serves used by COMELEC for the transmission of election
results. Ask by the members of the JCOC about the nature of this “technical glitch,” COMELEC
was only mum and left it to the heavens for the members of the JCOC to figure it out. It is also
alarming to know that during that time when the 2019 elections were being conducted, a high
ranking official of COMELEC admitted that COMLEC is not the one who called the shots
regarding the entire voting and transmission process but Smartmatic.

It should be remembered that Senate President Vicente C. Sotto III, in his Privilege Speech
on March 6, 2018, revealed that in the 2016 elections, a “series of early transmissions of votes can
be seen from the logs of the COMELEC servers. These transmissions happened on May 8, 2016
and in the very early morning of May 9, 2016, prior to the official start of the elections. The
transmissions were done to different municipal and provincial board of canvassers in Luzon,

7 Ibid.
* Ibid.


Visayas and Mindanao. There is no way that these are only testing transmissions for the reason
that the testing period already ended on April 23, 2016.”

He further stated that based on the NAMFREL Report for the 2016 National and Local
Elections, “the integrity of our Automated Election System was undermined. This was due to an
intrusion of an unauthorized transparency queue server while the system is actively receiving
data.” This is a de javu of sorts and Congress cannot be left powerless to ensure that the sovereign
will have an unimpeded view of the real time input of their votes which can only be done through
a manual system of voting and counting.

In addition, COMELEC also admitted that replacement for defective VCMs and SD cards
during the said elections were not subjected to final testing and sealing, contrary to the provisions
of the AES law. The liability of COMELEC, by fault or omission, extends beyond the ambit of
election laws as COMELEC is also liable for its failure to do post-qualification examination of the
VCMs that were delivered by Smartmatic which is also in direct violation of the Procurement Law.

On top of this, written complaints of voters regarding the disparity in the names of
candidates whom they voted for certain positions and those reflected in the receipt issued by the
VCMs to them were just left under the rug by COMELEC. It is for the simple reason that it cannot
ascertain which ballot is being referred to by the complainant-voters should the ballot boxes be
allowed to be opened for the identification of the ballot in issue. This absence of a distinguishing
feature in the ballot is in compliance with the constitutional provision on the secrecy of the vote.

However, there is an urgent need to address the issue of ballot tampering and the only way to
ensure that it cannot be tampered is for the voter to affix his/her thumbmark both in the ballot and
its corresponding receipt. In this way, we both comply with the constitutional requirement on
secrecy while making sure that tampering avoided as no two thumbmarks are the same.

The last 4 elections were conducted in palpable disregard and contravention of applicable
laws and the right of suffrage, 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 so-called system. The concept of automation and its noble intentions thus remain a
figment of the imagination, COMELEC, as a constitutional body, lamentably brushes aside as
trivial and negligible the many allegations of cheating and fraud under the AES, insisting on the
integrity of the non-compliant system, boasting even of saving the government billions of pesos
because the voting machine is more expensive than the counting machine that it has been using.”

In order to address the issues hounding COMELEC and its conduct of the automated
elections, this representation is proposing a hybrid system of election where the voting and
counting at the precinct level will be done manually while the transmission and canvassing are
automated. In this way, we can be certain about the accuracy and transparency of the right to
suffrage of the sovereign Filipino people.

It is in this light that this bill is being filed and immediate passage of this bill is earnestly
sought.

YL P. DELOSO MONTALLA.
Representative
2 District, Zambales

Ibid.


Republic of the Philippines
HOUSEOF REPRESENTATIVES,
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 483

INTRODUCED BY HONORABLE CHERYL P. DELOSO-MONTALLA

AN ACT
PROVIDING FOR THE CONDUCT OF HYBRID NATIONAL, LOCAL AND ARMM
ELECTIONS, THROUGH MANUAL VOTING AND COUNTING AT THE PRECINCT
LEVEL, AND AUTOMATED TRANSMISSION AND CANVASSING, AND FOR
OTHER PURPOSES

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

SECTION 1. Title. - This Act shall be known as the “The Hybrid Election Act”.

SECTION 2. Coverage. - The coverage of the provisions of this Act shall be limited to
the conduct of the election on May 2022 and every local, national or ARMM election thereafter.

SECTION 3. Filling 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 on
Elections (COMELEC) specified hereunder not later than the day before the date legally fixed
for the beginning of his/her campaign period, to wit:

1. For President, Vice-President, Senators and Party-list Representatives, 90 days
before the day of elections; and

2. For Members of the House of Representatives, and Elective Provincial City,
and Municipal Officials, 45 days before the day of the election.

(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 concerned;

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

(d) The certificate of candidacy to city or municipal offices shall be filed with the city or
municipal election officer 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.

SECTION 4. Official Ballot -

(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. taking into consideration
environmental considerations with a reasonable minimum paper size and using security paper.
They shall be printed in black ink with distinctive, clear and legible watermarks that will readily
distinguish them from ordinary paper. Each ballot shall be in the shape of a strip with stub and
detachable coupon containing the serial number and a space for the thumbmark both on the upper
and lower detachable coupon of the ballot. 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 instruction in English: "Fill out this ballot secretly inside the voting booth by
shading the oval opposite the name/s of the candidate/s of your choice. Do not put any distinct
mark on any part of this ballot."

(b) The official ballot shall be serially numbered and shall be delivered to and correspond
to specific precincts or cluster or 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 ID and the serial number of the ballots
corresponding to each precinct or cluster or 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 election day.

(e) A digital image of a sample official ballot shall be available for viewing and
downloading from the Commission's website, minus the security features and actual bar codes
for authentication,

(d) The official ballot shall also contain the names of all the offices to be voted upon in
the election. Immediately below the name of the office to be voted shall be an oval opposite the
name of each of the official candidates for the position which shall be arranged in alphabetical
order. Provided, that, in the case of Party-List, the Commission shall device a mechanism which
will allow the Party-List to have an equal footing in the selection of the voter of his/her Party-list
of choice. Provided, further, that: any defacement, vandalism. marking or writing on said list
inside the ballot secrecy folder, which shall in anyway suggest to the voter the candidate or
candidates to be voted upon, or shall deprive said voter of his right to vote the candidates that
he/she chooses to vote, shall constitute an election offense, as provided in this Act.

(e) There shall not be anything printed or written on the back of the ballot.

(f) 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.

(g)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 illiterate and specially abled voters only and to use or adopt the latest
technological and electronic devices in connection therewith, as will enable such illiterate or


specially abled voter to confirm that the accompanying person truly adhered to the former's
choice of candidates, as provided under Section 52 (i) of the Omnibus Election Code.

SECTION 5. Printing of Official Ballots. - The printing of official ballots shall be
exclusively done by the National Printing Office and may 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, rules or regulation.

A violation of this Section shall constitute a prima facie evidence of electoral sabotage
and a conspiracy to commit massive electoral fraud.

SECTION 6. Authentication of Ballot and Signature of Chairman an 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 (BEIs) (BEIs), in the presence of the poll watchers and the
voter, shall scan the ballot under an official bar code scanner to authenticate the same and
thereafter the Chairman and the watchers for the dominant majority party and dominant minority
party shall affix their signatures at the back thereof. Failure to authenticate shall be noted in the
minutes of the Board of Election Inspectors (BEIs) and shall constitute an election offense
punishable under Section 263 and 264 of the Omnibus Election Code. The same manner of
authentication of the ballots under the bar code scanner shall likewise be observed before reading
the ballot for counting the votes after the closing of the polls.

SECTION 7. Manner of Counting of Votes. - In addition to the requirement in the fourth
paragraph of Section 12 of the Republic Act No. 6646 and Section 21 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 beconveniently 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. Before the start of the counting, the
chairman shall first ascertain whether the back of every ballot contains the signatures of the
chairman and watchers. Any ballot without such signatures shall be rejected.

a. The chairman shall first read the votes for national positions and party list choices,
and the necessary election returns shall be filled out for such positions only, thereby reducing the
time for counting, as well as the size of the paper to be utilized for the election returns. Thereafter,
the members of the Board shall terminate the counting and prepare the election returns as they
await distribution to the authorized watchers, as provided under Section 8 hereof.

b. After the reading of the votes for the national positions and the party list, the Chairman
shall then proceed with the reading of the votes for the local positions and the corresponding
election return shall be filled out and prepared and distributed as provided in Section 8 hereof.

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

SECTION 8. Counting of Votes to be Public. - As soon as the voting is finished, the
BEI 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 vote 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 BEls 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 BEIs to count the votes and to accomplish the election return and other forms prescribed
under this Act and other election laws 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 been recommended in writing by
the BEIs 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 any of its pertinent portions, shall constitute an election
offense and shall be penalized in accordance with Batas Pambansa 881

SECTION 9. Election Returns. - The BEls shall prepare the election returns
simultaneously with the counting of votes in the polling places as prescribed in Section 210 of BP
881. The recording of vote shall be made as prescribed in said section. The entry of votes in words
and figures for each candidate shall be closed with the signature and the clear imprint of the
thumbmark 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 which 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 BEIs shall certify that the contents are correct. The returns for national positions and
party-list 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 BEIs.

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.

SECTION 10. Digital Election Returns. - Simultaneous to the counting of the votes and
the filling out of the election returns, there shall be an independent technician who shall
enter the votes, as they are counted, into a digital spread sheet, which shall serve as the
Digital Election Return, ina laptop provided for the purpose, which spread sheet shall also
be projected on a screen while the entries are recorded in real time for the watchers to validate
and the public to see.

The Digital Election Return shall be equipped with such encryption and programs to
ensure that the technician, or any person cannot make alterations in any of the entries therein,
or the results of the counting, except in case of discrepancy with the manual election return as
provided in this Act. Likewise, the laptop shall be configured to confine its operation only for this
purpose and to transmit the results of the counting to a secure server as hereinafter prescribed.

Immediately upon the accomplishment of the manual election returns for national
positions, the poll clerk shall announce the posting of the second copy of the election returns 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/canvassing center. Without delay and, when


feasible, he shall secure an image of the election returns 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 manual election return.

Likewise, the independent technician, without turning off the projected results on the
screen, shall print out one copy of the digital election return as filled out, and the members of the
board and the poll watchers shall be asked to authenticate the same by comparing the results as
printed in the second copy of the manual election return as posted and announced. Should the
results of the digital election return be found to be the same as that of the manual, the members
of the board and the poll watchers shall affix their signatures and thumb prints in the spaces
provided and the same shall be placed in the compartment for valid ballots in the ballot box.

Should there be any discrepancy between the digital and the manual election returns, the
results in the manual election return shall prevail. However, for purposes of electronic
transmission, the Chairman, the poll clerk and the third member shall encode their digital
signatures into the laptop to allow the necessary corrections in the digital election return to
conform with the results as reflected in the manual election return. The erroneous digital return
shall be torn by half lengthwise and placed inside the compartment for spoiled ballots inside the
ballot box.

‘Thereafter, the technician shall print another copy of the digital election return and shall
allow the board and the poll watchers to scrutinize and authenticate the same as prescribed above.
When there is no more discrepancy in the results, the board and the poll watchers shall affix their
signatures and thumb prints, and the correct digital election return shall be placed in the
compartment for valid ballots inside the ballot box.

Finally, the board shall again enter their respective digital signatures to write- protect the
memory card containing the digital election return and the image of the manual election return,
and authorize the electronic transmission of the results to the various secure servers as prescribed
herein.

Once the printouts for the image of the manual election return have been generated, 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 printed copy 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 printed copies may receive their copies at the
polling place or counting center.

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

The digital election return shall be printed out and authenticated as prescribed above for
the national positions.

The other copies of election return 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 a particular polling place shall not be canvassed and shall be
declared as spurious and fake and shall be a ground for a pre-proclamation controversy. 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 thumbmarks of the members of the Board of Election Inspectors
(BEls) 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 BEI 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

SECTION 11. Number of Copies of Election Returns and their Distribution. - The BE|s
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 (BEls) 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 digital election return shall be electronically transmitted to the secure servers and
the first copy of the manual election return, as digitally captured and printed, shall be delivered
to the city or municipal Board of Canvassers immediately after the closing of the polls;

(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;

(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 provision 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
ballots;

(b) In the election of local officials;

(1) The digital election return shall be electronically transmitted to the secure servers and
the first copy of the manual election return, as digitally-captured and printed, shall be delivered
to city or municipal Board of Canvassers immediately after the closing of the polls;

(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 (BEls) 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 or 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 (BEls) 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 (BEIs), who shall produce them when
requested by the recipient or when ordered be a competent authority

SECTION 12. The Use of a Tally Board Not Allowed. - The use of a tally board,
commonly used by Boards of Election Inspectors at the precinct level is no longer allowed and
shall be replaced by the projected real-time input of results in the digital election return, as
provided above.

SECTION 13. Canvassing by Provincial, City, District and Municipal Board of
Canvassers. -

(a) The city or municipal Board of Canvassers shall canvass the electronically transmitted
election return for President, Vice president, Senator, Party-list Representatives 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 districts
shall canvass the electronically transmitted election returns for President, Vice-President, Senator,
Party-List Representatives, Members of the House of Representatives and elective city officials:
Provided, That the returns for national positions shall be canvassed first. Upon completion of the
canvass, the board shall prepare the certificate of canvass, of President, Vice-President, Senators
and Party-List Representative, announce the results of the election for national positions in the
city and, thereafter, proclaim the elected Members of the House of Representatives and city
officials.



(©) (1) In the Metro Manila Area such municipality comprising a legislative district shall
have a district Board of Canvassers which shall canvass the electronically transmitted election
return for President, Vice-Presidents, Senator, Party-List Representatives, Members of the
House of Representatives and elective municipal officials: Provided, That the return 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 Party-List Representatives, 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) Fach component municipality in a legislative district in the Metro Manila Area shall
have a municipal Board of Canvassers which shall canvass the electronically transmitted election
returns for President, Vice-President, Senators, Party-List Representatives, 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 Presidents, Vice-President, Senators, Party-List Representatives 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 the Metro Manila area shall canvass the certificate of canvass for President,
Vice-Presidents, Senator, Party-List Representatives 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, Senator, and Party-List Representative, announce the results 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 electronically transmitted
certificate of canvass for President, Vice-President, Senators, Party-List Representatives,
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
certificates of canvass for national positions shall be canvassed first. Upon completion of the
canvass, it shall prepare the certificate of canvass for President, Vice-President, Senators, Party-
List Representatives and 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 center 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 present 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 and
affix their thumbprints in the boxes provided therefor.

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

The Chairman of the Board of Canvassers shall transmit the digital files with digital
encryptions for security reasons 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 offense
and shall be penalized in accordance with Batas Pambansa 881.

SECTION 14. Number of Copies of Certificate of Canvass and their Distribution. —(a)
the certificate of canvass for President, Vice-President, Senators, Party-List Representatives and
Member 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 election results for President, Vice-President, Senators, Party-List Representatives 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;

(5) The fifth copy shall be given to the citizens’ arm designated by the Commission to
conduct a media-based unofficial count, and

(6) 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 the canvass on the basis of the criteria provided in Section 26 of Batas Pambansa
881. The parties receiving the certificate shall have 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 and Party-List
Representatives shall be prepared in seven (7) copies by the city Boards 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;

(5) The fifth copy shall be given to the citizens’ arm designated by the Commission to
conduct a media-based unofficial count; and

(6) 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 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 certificate 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 requested by the
recipient or when ordered by a competent authority.

‘The thirty (30) certified printed 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 (3) 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 the criteria
analogous to that provided in Section 26 of Republic Act 7166.

(c) The next five copies shall be given to national broadcast or print media entities as may
be equitably determined by the Commission for the purpose 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 for the purpose 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 881.

(£) 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 (BEIs) 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 print
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 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

SECTION 15. 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 electronically transmitted certificates of canvass for President and Vice-
President and Senators, respectively, as accomplished and transmitted to it by the local boards
of canvassers, on a showing that: (I) 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 all
of the candidates for President, Vice-President and Senator, as the case may be, and their
corresponding votes in words and their corresponding votes in figures; (3) there exists no
discrepancy in the other authentic copies of the document such as statement of votes or any of its
supporting documents 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 exists 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 form 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 including the other duly certified printed
copies thereof or supporting statement of votes by city/district/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 require the Board of Canvassers concerned to transmit by
personal delivery, the election returns for the sole purpose of verifying the actual the
votes as they appear in the copies if the election returns submitted to it.

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 shall be penalized in accordance with Batas Pambansa Big. 881.

SECTION 16. Communication Channels for Electronic Transmissions. - Electronic
transmission which is defined under R.A. 9369 as conveying data in electronic form from one
location to another shall be guided by the following: all electronic transmissions of ‘the election
returns, certificates of canvass and other related documents shall utilize secure transmission
channels as recommended by the Department of Information and Communications Technology
(DICT), the Department of Science and Technology (DOST) and the National
‘Telecommunications Commission (NTC) to ensure the 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 of votes in order to effectively
implement the provisions of this Act: Provided, that the Commission shall observe, in the process
of procurement of the necessary equipment, facilities and services shall the pertinent provisions
of R.A. 9184.

Electronic transmission of the election returns and other such supporting documents
thereof at the precinct level shall be forwarded to the Commission office and to the national
broadcast or print media entities as may be equitably be determined by the Commission.

SECTION 17. Pre-proclamation controversy.-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.

SECTION 18. Official Watchers. -

(a) Every registered political party, coalition of political parties and every candidate
shall each be entitled to watchers in every polling place as provided in Section 12 of R.A. 6646
and Section 178 of Batas Pambansa 881: Provided, that only | official watcher per registered
political party, coalition of political parties and every candidate shall be allowed inside the polling
place and an additional 2 substitute watchers outside of the precinct. No watcher shall be allowed.

(b) The poll watchers shall render service on a voluntary basis. Honoraria may be
given by the registered political party, coalition of political parties or candidate to watchers at the
former’s discretion but such honoraria shall be given only after the latter has rendered service.
Food and transportation allowance of watchers shall be given to them by representative of
registered political party, coalition of political parties or candidates three (3) days before the
election and in the presence of the Commission or its duly authorized representative.

(c) Violation of the provisions of this section shall be a prima facie evidence for the
cancellation of the certificate of candidacy of the candidate who circumvents the provisions of
this section in addition to other penalties imposed under Batas Pambansa 881 for vote buying.

SECTION 19. Reshuffling of Election Officers and Officials, Members of the PNP, the
Armed Forces and DepEd. - In order to ensure that the sanctity of the ballot is protected and to
provide a clean, honest and credible election with the voter free from any undue influence on his
choice of candidates and to the outcome of elections, election officers and officials from the
Regional Director to Municipal Election Officers shall be reshuffled forty-five (45) days before
the election. The reshuffling shall be done such that election officers in a province shall be
reassigned to another.

Members of the police force from the Regional Director, Provincial Director and Chief of
Police of every municipality shall also be reshuffled in such a way that those assigned in a specific
province shall be temporarily reassigned to another until the end of the election ban. Police
officers assigned to a municipality shall be reassigned to another municipality within the
province. In the case of cities, temporary reassignments shall be made to another city within the
region. The reassignment shall be made in a manner that nobody may influence the outcome of
the individual PNP member's temporary transfer. The mode of determination of the new area of
assignment of the members of the PNP shall approved by the Commission and the manner of its
determination shall be done in the presence of COMELEC.

Members of the armed forces shall also be reshuffled in a manner and mode similar to that
of the member of the PNP as provided in this Act.

For the members of the Department of Education, Regional Directors, Superintendents
and Principals shall be reshuffled thirty (30) days before the election. The mode and manner of


determination of the new area of assignment of regional directors, superintendents and principals
shall be similar to that of the members of the PNP as provided in this Act.

Non-compliance with the provisions of this section shall constitute as an election offense
punishable under Batas Pambansa 881 and other related laws on the part of those involved in the
effective reshuffling of the members of the PNP, armed forces, DepEd and COMELEC.

SECTION 20. Election Offenses Under this Act. - In addition to the violations of the
pertinent provisions of this Act, the following shall also constitute election offenses punishable
under Batas Pambansa 881 and other election laws:

(a) Any person who removes the election return posted on the wall, whether within or
afier 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 (BEIs) 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;

(©) Thechairman or any member of the Board of Election Inspectors (BEIs) who signs
or authenticates a printed of the election return outside of the polling place;

(f) 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;

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

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

(i) 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 toa more suitable place;

() 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

(k) The chairman or any member of the Board of Canvassers who signs or
authenticates a print which bears an image different from the certificate of canvass or statement
of votes produced after counting and posted on the wall.

SECTION 21. Implementing Rules and Regulations and Bidding. - Immediately upon
the approval of this Act, the Commission shall formulate such rules and regulations that will
effectively implement the provisions of this Act for purposes of the 2022 national, local and
ARMM elections. In addition, the Commission shall prescribe the technical specifications for the
electronic devices and computer programs to be used for implementing of this Act, with an aim
to ensure fair, honest, and orderly elections and prompt determination of the true results thereof.


SECTION 22. Appropriations. - The amount necessary for the implementation of this Act
shall be charged against the budget of the Commission on Elections under the General
Appropriations Act. Thereafter, such sum as may be necessary for its effective implementation
shall be included in the subsequent General Appropriations Act.

SECTION 23. Repealing Clause and Applicability of Other Existing Laws. - The
provisions of Republic Act No. 8436, as amended by RA 9369, in so far as they are inconsistent
with the provisions of this Act are hereby expressly repealed. In addition, the provisions of Batas
Pambansa Big. 881, as amended, R.A. 7166, and other election laws not inconsistent with this
Act shall remain of full force and effect. All other laws, decrees, executive orders and issuances,
resolutions, revenue regulations, ordinances or circulars inconsistent with the provisions of this
Act are hereby repealed or modified accordingly or declared null and void and inoperative.

SECTION 24. Separability Clause. — If any section, provision or part of this Act shall be
declared unconstitutional, the remaining portion thereof shall remain valid and in full force and
effect.

SECTION 24. Effectivity. - This Act shall take effect fifteen (15) days after its publication
in the Official Gazette

Approved,