Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session
2265
HOUSE BILL NO.

Introduced by
REPRESENTATIVE PANTALEON D. ALVAREZ

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 the House of Representatives 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 applicable to the conduct of the election on May 2019 and all national
and local elections thereafter.

SECTION 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, to wit:

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For President, Vice-President, Senators and party-list representatives 90
days before the day of elections; and

For members of the House of Representatives, and elective provincial,
city, and municipal officials 45 days before the day of elections.

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;

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;

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

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

SECTION 4. Official Ballots. -

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,

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with a reasonable minimum paper size and using only recycled paper.
They shall be printed in black ink on 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 both on the upper and lower
detachable coupon of the ballot, and a space for the thumbmark 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 instruction in English: "Fill out this ballot secretly inside the
voting booth. Do not put any distinct mark on any part of this ballot."

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 the elections.

A digital image of a sample official ballot may be available for viewing
and downloading from the Commission’s website, minus the security
features and actual bar codes for authentication.

The official ballot shall also contain the names of all the offices to be voted
upon in the election, allowing opposite the name of each office, sufficient
space of spaces with horizontal lines where the voter may write the name
or names of the individual candidates being voted upon, as provided in
the list of candidates and the corresponding elective positions, as pasted
inside the inner flap of the ballot secrecy folder; Provided, 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.

There shall not be anything printed or written on the back of the ballot
except as provided in Section [24] 5 of this Act.

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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.

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 especially
abled voters only. The Commission should use or adopt the latest
technological and electronic devices in connection therewith, as to enable
such illiterate or especially abled voter to confirm that the accompanying
person truly adhered to the voter'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 shall 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 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,
in the presence of the poll watchers and the voter, shall scan the ballot
under an official bar code scanner to authenticate the same. 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 constitute an election offense punishable
under Section 263 and 264 of the Omnibus Election Code and shall be
noted in the minutes of the board of election inspectors. The same manner
of authentication of the ballots under the bar code scanner shall likewise
be observed before reading the ballot during the counting of votes after
the closing of the polls.

SECTION 7. 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

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during the counting, the chairman, the poll clerk and the third member
shall position themselves in a manner that will provide the watchers and
the public, an unimpeded view of the ballot being read by the chairman,
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 as required by Section 5
hereof. Any ballot without the required signatures shall be rejected.

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 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.

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 Blg. 881.

SECTION 8. 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 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.

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The board of election inspectors shall not adjourn or postpone or delay
the counting 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 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 any of its pertinent portions, shall
constitute an election offense and shall be penalized in accordance with
Batas Pambansa Blg. 881.

SECTION 9. Election Returns. - The board of election inspectors shall
prepare the election returns simultaneously with the counting of votes in
the polling places as prescribe in Section 210 OF Batas Pambansa Blg. 881.
The recording of vote shall be made as prescribed in the 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. These pieces of information that shall
be written in words and in figures and, at the end thereof, the board of

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election inspectors shall certify that the contents are correct. The returns
for national positions and party list shall be accomplished ina single sheet
of paper, in such cases, 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,
and sixth copies thereof, and for that 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, in a 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
below. 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 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 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

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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 with
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 to 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
produced, the poll clerk shall call the other members of the board to
authenticate each print 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.

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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
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 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 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 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 election or its pertinent portion, shall constitute an

election offense and shall be penalized in accordance with Batas
Pambansa Blg. 881

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SECTION 11. 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 chairman of the board of election inspectors shall distribute the copies
of election returns as follows:

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

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;

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

The third copy, to the congress, directed to the President of the Senate;
The fourth copy, to the Commission;

The fifth copy, to the dominant majority party as determined by the
Commission in accordance with law;

The sixth copy, to the dominant minority party as determined by the
Commission in accordance with law;

The seventh copy, to a citizens! 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

The eighth copy shall be deposited inside the compartment of the ballot
box for valid ballots; and

In the election of local officials;

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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;

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

The third copy, to the Commission;
The fourth copy, to the provincial board of canvassers;

The fifth copy, to the dominant majority party as determined by the
Commission in accordance with law;

The sixth copy, to the dominant minority party as determined by the
Commission in accordance with law;

The seventh copy, to a citizens! 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

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 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 to the

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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:

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.

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.

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;

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;

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 Blg. 881;

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

The last copy to the provincial board of canvassers.

The certified print copies may be claimed at the polling place. Any
unclaimed copy shall be brought by the chairman of the board of election

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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 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 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 Blg. 881;

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

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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, Senator and party-list representatives,
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.

c) (1) In the Metro Manila Area such municipality comprising a legislative
district shall have district board of canvassers which shall canvass the
electronically transmitted election return for President, Vice-Presidents,
Senator, party-list representatives, Members for 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-
Presidents, 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) Each 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, Senator, 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-
Presidents, 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 Metro Manila area shall canvass the certificate of
canvass for President, Vice-President, 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 representatives,
announce the results of the election for national positions in the district,

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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 position 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 province,
and proclaim the elected members 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.

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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 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 offence and shall be penalized in accordance with Batas
Pambansa Blg. 881.

SECTION 14. Number of Copies of Certificate of Canvass and their
Distribution. - a) the certificate of canvass for president, vice-president,
senator and member of the house of Representatives and elective
provincial official 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,
Senator and Member 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

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

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seventh copies shall be given to the citizen'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 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 hereof. 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 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; 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. 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 hereof. The parties
receiving the certificates shall have the obligation to furnish the other
parties with authentic copies thereof with the least possible delay.

The 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

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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 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 hereof;

(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 provided in
Section 26 hereof;

(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 shall 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 Blg. 881; and

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(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 Blg. 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 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 member 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 and Vice-
President or Senator, as the case may be, and their corresponding votes in
words and their corresponding votes in words and in figures; (3) there
exist no discrepancy in other authentic copies of the document such as
statement of votes of any of its supporting document such as statement of
votes by city or municipality or 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

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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 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 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 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 including other duly
certified printed copies thereof or supporting statement of votes by city
or 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 requested 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 the votes as they appear in the copies if the election
returns submitted to it.

Any person who present 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 Blg. 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

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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 Science and
Technology and the National Telecommunications Commission to ensure
authentication and integrity of transmission.

The Commission is hereby authorized to procure the necessary
equipment, facilities and services for putting up the electronic
transmission system in order to effectively implement the provisions of
this act.

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

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. Election Offenses under this Act In addition to the
violations of the pertinent provisions of this Act, the following shall also
constitute election offenses:

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

Any person who simulates an actual election return, or a print or digital
copy thereof;

Any person who simulates the certification in a print of an election return;
The chairman or any member of the board of election inspectors who,
during the prescribe 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;

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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

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

Any person who remove 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;

Any person who simulates an actual certificates of canvass or statement
of votes, or a print or digital copy thereof;

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

The chairman or any member of the board of canvassers who, during the
prescribed period of posting, remove 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;

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

The chairman or any member of the board of canvassers who sign or
authenticate a print that bears an image different from the certificate of
canvass or statement of votes produced after counting and posted on the
wall.

SECTION 19. 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 this
Act for purposes of the 2019 national, local and ARMM elections and all
subsequent elections thereafter. 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

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to ensure fair, honest, and orderly elections and prompt determination of
the true results thereof.

SECTION 20. Appropriations.- Congress shall provide the necessary
appropriation in a supplemental budget or general appropriations act, as
the case may be, without delay and for purposes of the 2019 national, local
and ARMM elections.

SECTION 21. Repealing Clause. - All laws, decrees, executive orders,
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.

Approved,

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