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

FIFTEENTH CONGRESS
First Regular Session

House Bil No. 310

Introduced by HON. ROILO GOLEZ

EXPLANATORY NOTE

The State, by the provisions of Republic Act No. 8436 entitled “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, TO ENCOURAGE TRANSPARENCY, CREDIBILITY, FAIRNESS AND
ACCURACY OF ELECTIONS, AMENDING FOR THE PURPOSE BATAS PAMPANSA BLG. 881,
AS AMEMDED, REPUBLIC ACT NO. 7166 AND OTHER RELATED ELECTIONS LAWS,
PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES", as amended by Republic Act
No, 9369, recognizes the mandate and authority of the Commission on Election to prescribe the
adoption and use of the Automated Election System with the most suitable technology and of
demonstrated capability for the purpose of ensuring the country's democratic objectives of holding
free, orderly, honest, peaceful, and credible elections.

In pursuit thereof, Republic Act No. 9525 was passed approving the P1+.3 billion supplemental
budget for the full automation of the 2010 national elections.

The implementation of the Automated Election System on a national scale during the recently
concluded 2010 elections made apparent the necessity to install safeguards to ensure that we
address the threat of election result manipulation that may come not only from machine and
software but also, more importantly, from the people who control or have access to the electronic
voting machines, compact flash cards or its proprietary software.

In a proprietary system, such as that being utilized and adopted by the present hardware and
software provider for the Automated Election System Smartmatic-TIM, there are inherent security
risks, both intemal and extemal. In fact, in even the supposedly most secure systems in the world
have become vulnerable to hacking, some upon initiative of the developers themselves.

Thus, fo ensure the integrity of the automated election system, we need to provide more stringent
safeguards and to penalize in particular acts that pertain to persons involved in carrying out the
automated election such as those by the officers and employees of Smarimatic-TIM and the
officials of the Commission on Elections (COMELEC), local and national elective officials,



|

Candidates, and their representatives, or any other person with the motive to tamper with the
automated election process. 7

|n view of the foregoing, the passage of this measure is earnestly sought. VA
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\JRQLO GoLEz



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

EENTH CONGRESS
First Regular Session

Sousa ait No._ 340

Introduced by HON, ROILO GOLEZ

AN ACT
TO INSULATE THE AUTOMATED ELECTION SYSTEM FROM THE REST OF THE
COMELEC ORGANIZATION, OTHER OFFICERS OF THE GOVERNMENT, CANDIDATES,
REPRESENTATIVES AND AGENTS OF CANDIDATES AND ANY OTHER PERSON

Section 1. Short Title. ~ This act shall be known as the “Automated Election Anti-collusion
Act of 2010".

Section 2. Declaration of Policy. ~ It shall be the policy of the State to ensure free, honest,
democratic, orderly, peaceful, informed and credible elections with particular reference to the
implementation of Republic Act No. 436 as amended by Republic Act No. 9369 authorizing
the Commission on Elections to use an automated election system in the 2010 national or local
elections and in subsequent national and local electoral exercises. In this connection, the
Automated Election System shail be insulated from any officer or employee of the Commission
on Elections, other officials of the government, candidates, representatives and agents of
candidates, and any other persons.

Section 3. Prohibition. - It is hereby prohibited for any officer of the Commission on Elections
(COMELEC), any elective official, whether national or local, candidates or representatives of
candidates and any other person from approaching or meeting in private with any officer,
employee of the private entity that is the winning bidder for the automated election and
Contracted, commissioned, or hired to provide the automated vote counting systems, software
and hardware, for whatever purpose. Said officer of the Commission on Elections
(COMELEC), any elective official, whether national or local, candidates or representatives of
candidates and any other person may meet with any officer, employee of the private entity that
is the winning bidder for the automated election only in open hearings or meetings with official
recording such as for the purpose of overseeing the conduct of the automated elections,

The act of approaching the officer or employee of the winning bidder for the automated
election includes, but is not limited to, the following acts:

a) telephone calls


b.} mobile phone text messages
c.) email messages
d.} other forms of electronic communications

Section 4. Disclosure Requirement. - Any person who, by his position or otherwise, gains
knowledge of any private meeting or attempts to have such a private meeting prohibited under
this Act or done in violation hereof shall have the obligation to disclose such knowledge to the
law enforcement authorities within twenty-four (24) hours from the time he/she had such
knowledge in order to avoid the penal liability hereunder imposed for such omission.

Section 5. Penalties Imposable — In addition to the penalties prescribed under the Revised
Penal Code and special laws for acts or omissions punishable under existing penal laws, any
attempt to meet, to invite or induce by any means, or any actual meeting in violation of the
provision of this Act and its Implementing Rules and Regulation shall be punishable with life
imprisonment with the accessory penalty of pergetual absolute disqualification to hold public
office in any capacity, both elective and appointive.

The same penalty mentioned in the next preceding paragraph of this Section shall be
imposable upon employees or officers of the private entity contracted, commissioned, or hired
to provide the automated vote counting systems, if they agree to meet or actually meet, or did
not disclose within twenty-four (24) hours any attempt for such prohibited meeting in violation of
this Act;

The penalty of imprisonment of Five years and One day to Ten years shall be
imposable upon any person convicted for violation of the Disclosure Requirement under
Section 4 hereof.

Section 6. Implementation Rules and Regulations. - The COMELEC in coordination with
the DOJ shall, within ninety (90) days from the effectivity of this Act, promulgate the rules and
fegulations necessary to implement the provision of this Act.

Section 7. Repealing Clause. - All laws, decrees, orders, rules and regulations, and other
issuances, or parts thereof, which are inconsistent with the provisions of this Act, are hereby
deemed repealed, amended or modified accordingly.

Section 7. Effectivity. - This Act shall take effect fifteen (15) days after its complete

publication in the Official Gazette or in at least two (2) newspapers of general circulation,
whichever comes earlier.

Approved,