EIGHTEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES 
} 
F irs t R e g u la r S essio n 
}
S E N A T E
-
7
S.B. No. 
'
.r,
":9 
JUL-1 
A9 ••44
R...
INTRODUCED BY SENATOR VICENTE C. SOTTO III
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
EXPLANATORY NOTE
The conduct of the past national and local elections was plague with 
numerous unresolved issues and irregularities. These problems allegedly 
altered the results of the 2016 election.
As what I have revealed during my privilege speech last March 6, 2018, 
in the 2016 elections, a series of early transmissions of voles can be seen from 
the logs of the COMELEC servers. These transmissions happened on May 8, 
2016 and in the veiy 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, 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.


According to the NAMFREL Report for the 2016 National and Local 
elections, the integrity of our Automated Election System was undermined. 
This is due to an intrusion of an unauthorized transparency queue server 
while the system is actively receiving data.
This bill aims to address the issues of a fully automated election system. 
In having a manual voting and counting, the public will have an unimpeded 
view of the real time input of votes. Also, the total number of valid ballots used 
as well as the results will reflect both in a manual and digital election l eturns. 
In case of a discrepancy between the manual and digital election returns, the 
former shall prevail. In addition, the digital election return will be projected 
while the entries are being recorded in real time for the benefit of the viewing 
public. In this way, the voters will be able to ascertain the accuracy between 
the actual casted votes and those being transmitted electronically.
This mode will strengthen the integrity of the elections and forego with 
the issues like eai'ly and inaccurate transmission of votes. With this hybrid 
system of manual voting and counting at the precinct level and automated 
transmission and canvassing, the 2019 and all subsequent elections will 
surely be accurate and transparent. Hence, the passage of this bill is earnestly 
sought.
VICENTE C/ SOTTO III


sp
EIGHTEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES 
} 
F irs t R e g u la r S essio n 
}
S E N A T E  
S.B? N o .___7
W
u  
■;
’* 1 2 3 4 5 6 7 8 9 109 
JUL-1 A 9:44
INTRODUCED BY SENATOR VICENTE C. SOTTO HI
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 assem bled:
1 
SECTION 1. Title. - This Act shall be known as the “The H ybrid E lectio n
2 
A c t”.
3 
SECTION 2. Coverage. - The coverage of the provisions of this Act shall be
4 
applicable to the conduct of the eleetion on May 2019 and all national and
5 
local elections thereafter.
6 
SECTION 3. F ilin g  o f C ertificates o f C andidacy. - The certificate of
7 
candidacy of any person running for the office of President, Vice-President,
8 
Senator, member of the House of Representatives, party-list representatives
9 
or any elective provincial, city or municipal official shall be filed in five (5)
10 
legible copies with the offices of the Commission specified hereunder not later


1 
than the clay before the date legally fixed for the beginning of his campaign
2 
period, to wit:
3 
(1)For President, Vice-President, Senators and party-list representatives 90
4 
days before the day of elections; and
5 
(2) For members of the House of Representatives, and elective provincial, city,
6 
and municipal officials 45 days before the day of elections.
7 
(a) The certificate of candidacy for President, Vice-President, Senators and
8 
party-list representatives shall be filed with the main office of the
9 
Commission in Manila;
10 
(b) The certificate of candidacy for the members of the House of
11 
Representatives shall be filed with the provincial election supervisor of
12 
the province concerned. Those for legislative districts in the National
13 
Capital Region shall be filed with the regional election director of said
14 
region and those for legislative districts in cities outside the National
15 
Capital Region which comprise one or more legislative districts shall be
16 
filed with the city election registrar concerned;
17 
(c) The certificate of candidacy for provincial offices shall be filed with the
18 
provincial supervisor concerned; and
19 
(d) The certificate of candidacy for city or municipal offices shall be filed
20 
with the city or municipal election officer concerned.
21 
W henever practicable, the nam es of registered candidates for local positions
22 
shall be printed in the election returns: Provided that, if a candidate has been
23 
disqualified or declared a nuisance candidate, it shall be the duty of the
24 
Com m ission to instruct without delay the appropriate election officials to
25 
delete the nam e of said candidate as printed in the election return.


1 
The candidate shall file the certificate of candidacy personally or by his duly
2 
authorized representative. No certificate of candidacy shall be filed or accepted
3 
by mail, telegram or facsimile.
4 
SECTION 4. O fficial B allots. -
3 
(a) Ballots for national and local elections, regular or special, plebiscites and
6 
referenda, shall be of uniform size and shall be prescribed by the
7 
Commission, taking into consideration environm ental considerations, with
8 
a  reasonable m inim um  paper size and using only recycled paper. They
9 
shall be printed in black ink on security paper with distinctive, clear and
10 
legible w aterm arks that will readily distinguish it from ordinary paper.
11 
Each ballot shall be in the shape of a strip with stub and detachable
12 
coupon containing the serial num ber both on the upper and lower
13 
detachable coupon of the ballot, and a space for the thum bm ark of the
14 
voter on the detachable coupon. It shall bear at the top of the middle
15 
portion thereof the coat-of-arm s of the Republic of the Philippines, the
If) 
word "Official Ballot," the name of the city or the m unicipality and province
17 
in which the election is to be held, the date of the election, and the following
18 
instruction in English: "Fill out this ballot secretly inside the voting booth.
19 
Do not put any distinct m ark on any part of this ballot."
20 
(b) The official ballot shall be serially numbered and shall be delivered to and
21 
correspond to specific precincts or cluster or precincts, as the case may
22 
be, which shall have corresponding and e.xclusive ballot identification
23 
numbers separate from the serial number of the individunl ballots. For
24 
purposes of transparency, the ballot ID and the serial number of the ballots
25 
corresponding to each precinct or cluster or precincts, as the case may be,
26 
shall be available for viewing by interested parties on the Commission’s
27 
official website at least five (5) days before the elections.


1 
(c) A digital image of a sample official ballot may be available for viewing and
2 
downloading from the Commission’s website, minus the security features
3 
and actual bar codes for authentication.
4 
(d) The official ballot shall also contain the names of all the offices to be voted
5 
upon in the election, allowing opposite the name of each office, sufficient
6 
space of spaces with horizontal lines where the voter may write the name
7 
or names of the individual candidates being voted upon, as provided in the
8 
list of candidates and the corresponding elective positions, as pasted inside
9 
the inner flap of the ballot secrecy folder; Provided, that: any defacement,
10 
vandalism , m arking or writing on said list inside the ballot secrecy folder,
11 
which shall in anyway suggest to the voter the candidate or candidates to
12 
be voted upon, or shall deprive said voter of his right to vote the candidates
13 
that h e /sh e  chooses to vote, shall constitute an election offense, as
14 
provided in this Act.
15 
(e) There shall not be anything printed or written on the back of the ballot
16 
except as provided in Section [24] 5 of this Act.
17 
(1) Official ballot for cities and municipalities where Arabic is of geneial use
18 
shall have each of the titles of the offices to be voted for printed in Arabic
19 
in addition to and immediately below the English title.
20 
(g) The foregoing provisions notwithstanding, the Commission is hereby
21 
authorized to prescribe a different form of official ballot on the sam e
22 
w aterm arked security paper to facilitate voting by illiterate and especially
23 
abled voters only. The Commission should use or adopt the latest
24 
technological and electronic devices in connection therewith, as to enable
25 
such illiterate or especially abled voter to confirm that the accom panying
26 
person truly adhered to the voter’s choice of candidates, as provided under
27 
Section 52(i) of the O m nibus Election Code.


SECTION 5. P rin tin g  o f O fficial B allots. - 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.
6 
A violation of this Section shall constitute a prim a facie evidence of electoral
7 
sabotage and a conspiracy to commit massive electoral fraud.
8 
SECTION 6. A u th e n tica tio n  o f B a llo t a n d  S ig n a tu re  o f C h a irm an  a n d
9 
W atch ers a t  th e  B ack o f Every B allot. - In every case before delivering an
10 
official ballot to the voter, the chairm an of the board of election inspectors, in
11 
the presence of the poll w atchers and the voter, shall scan the ballot under
12 
an official bar code scanner to authenticate the same. Thereafter, the
13 
chairm an and the w atchers for the dom inant majority party and dom inant
14 
m inority party shall affix their signatures at the back thereof. Failure to
15 
authenticate shall constitute an election offense punishable under Section
16 
2 6 3  and 26 4 of the O m nibus Election Code and shall be noted in the m inutes
17 
of the board of election inspectors. The sam e m anner of authentication of the
18 
ballots under the bar code scanner shall likewise be obseiwed before reading
19 
the ballot during the counting of votes after the closing of the polls.
20 
SECTION 7. M anner o f C ounting w te s.- In addition to the requirement in
21 
the fourth par^igraph of Section 12 of the Republic Act No. 6646 and Section
22 
2 1 0 of the Omnibus Election Code, in reading the official ballots during the
23 
counting, the chairm an, the poll clerk and the third m em ber shall position
24 
themselves in a manner that will provide the watchers and the public, an
25 
unimpeded view of the ballot being read by the chairman, the election return,
26 
and the tally board being simultaneously accomplished by the poll clerk and
27 
the third member respectively, without touching any of these election
28 
documents. The table shall be cleared of all unnecessary writing
29 
paraphernalia. Any violation of this requirement shall constitute an election
30 
offense punishable under Section 263 and 264 the Omnibus Election Code.


1 
Before the start of the counting, the chairm an shall first ascertain w hether
2 
the back of every ballot contains the signatui'es of the chairm an and w atchers
3 
as required by Section 5 hereof. Any ballot without the required signatures
4 
shall be rejected.
5 
a. The chairm an shall first read the votes for national positions and party
6 
list choices, and the necessary election returns shall be filled out for
7 
such positions only, thet'eby r'educing the time for counting, as well as
8 
the size of paper to be utilized for the election r'eturns. Thereafter, the
9 
m em bers of the Board shall term inate the counting and prepare the
10 
election returms as they await distriljution to the authorized w atchers,
11 
as pi'ovided under Section 8 hereof.
12 
b. After the I'eading of the votes for the national positions and the party
13 
list, the chairm an shall then proceed with the i'eading of the votes for
14 
the local positions and the corresponding election return shall be filled
1? 
out and pi'epared and distributed as provided in Section 8 hei'eof.
16 
Any violation of this Section, or any of its pertinent por tions, shall constitute
17 
an election offense and shall be penalized in accordance with B atas Pam bansa
18 
Big. 881.
19 
SECTION 8. C ounting o f Votes to be Public. 
-  As soon as the voting is
20 
finished, the tjoard of election inspector's shall publicly count in the polling
21 
place the votes cast and ascertain the results. The boar'd may rearr'ange the
22 
physical set up of the polling place for the counting or perform any other
23 
activity with respect to the transition fi'om vote counting. However, it may do
24 
so only in the pr'esence of the watchers and within close view of the public. At
25 
all times, the ballot bo.xes and all election documents and par'aphernalia shall
26 
be within close view of the watchers and the public.


1 
The board of election inspectors shall not adjourn or postpone or delay the
2 
counting until it h as been fully completed, unless otherwise ordered by the
3 
Com mission.
4 
The Commission, in the interest of free, orderly, and honest election, may
5 
authorize the board of election inspectors to count the votes and to
6 
accom plish the election return and other forms prescribed under the code in
7 
any other place within a public building in the same m unicipality or city on
8 
account of im m inent danger of widespread violence or sim ilar causes of
9 
com parable m agnitude: Provided, That the transfer shall been recom m ended
10 
in writing by the board of election inspectors by unanimous vote and endorsed
11 
in writing by the majority of w atchers present: Provided, further, that the said
12 
public building shall not be located within the perim eter of or inside a military
13 
or police cam p, reservation, headquarters, detachm ent or field office nor
14 
w ithin the prem ises of a prison or detention bureau or any law enforcem ent
15 
or investigation agency.
16 
Any violation of this section, or any of its pertinent portions, shall constitute
17 
a n  election offense and shall be penalized in accordance with B atas Pam bansa
18 
Big. 881.
19 
SECTION 9. E lectio n  R eturns. - The board of election inspectors shall
20 
prepare the election returns sim ultaneously with the counting of votes in the
21 
polling places as prescribe in Section 210 OF Batas Pambansa Big. 881. The
22 
recording of vote shall be m ade as prescribed in the said section. The entiy of
23 
votes in words and figures for each candidate shall be closed with the
24 
signature and the clear im print of the thum bm ark of the right hand of all the
23 
m em bers, likewise to be affixed in full view of the public, immediately after
26 
the last vote recorded or immediately after the name of the candidate who did
27 
no t receive any vote.
28 
The returns shall also show the date of the election, the polling place, the
29 
barangay and the city or municipality in which it was held, the total num ber


1 
of ballots found in the com partm ent for valid ballots, the total num ber of valid
2 
ballots withdrawn from the com partm ent for spoiled ballots which were
3 
erroneously placed therein, the total num ber of excess ballots, the total
4 
num ber of m arked or void ballots, and the total num bers of votes obtained by
5 
each candidate. These pieces of information that shall be written in words and
6 
in figures and, at the end thereof, the board of election inspectors shall certify
7 
th at the contents are correct. The returns for national positions and party list
8 
shall be accomplished in a single sheet of paper, in such cases, additional
9 
sheets may be used which shall be prepjired in the same manner as the first
10 
sheet and likewise certified by the board of election inspectors.
11 
The Commission shall take steps so that the entries on the first copy of the
12 
election returns are clearly reproduced on the second, third, fourth, fifth, and
13 
sixth copies thereof, and for that purpose, the Commission shall use a  special
14 
kind of paper.
15 
SECTION 10. D ig ital E lectio n R eturns. - Simultaneous to the counting of
16 
the votes and the filling out of the election returns, there shall be an
17 
independent technician who shall enter the votes, as they are counted, into a
18 
digital spread sheet, which shall sei'vc as the Digital Election Return, in a
19 
laptop provided for the purpose, which spread sheet shall also be projected
20 
on a screen while the entries are recorded in real time for the w atchers to
21 
validate and the public to see.
22 
The Digital Election Return shall be equipped with such encryption and
23 
program s to ensure that the technician, or any person, cannot make
24 
alterations in any of the entries therein, or the results of the counting, except
25 
in case of discrepancy with the m anual election return as provided below.
26 
Likewise, the laptop shall be configured to confine its operation only for this
27 
purpose and to transmit the results of the counting to a secure server as
28 
hereinafter prescribed.


1 
Immediately upon the accom plishm ent of the m anual election return for
2 
national positions, the poll clerk shall announce the posting of the second
3 
copy of the election return on a wall with sufficient lighting within the
4 
prem ises of the polling place or counting center. He shall then proceed to do
5 
the sam e in the presence of the other m em bers of the Board, the w atchers
6 
and those present in the polling place or counting center. W ithout delay and,
7 
w hen feasible, he shall secure an image of the election return using a secured
8 
d ata capturing device and immediately thereafter, while in the prem ises of the
9 
polling place or counting center, directly print thirty (30) copies of the m anual
10 
election return.
11 
Likewise, the independent technician, without turning off the projected
12 
results on the screen, shall print out one copy of the digital election return as
13 
filled out, and the m em bers of the board aiid the poll w atchers shall be asked
14 
to authenticate the sam e by comparing the results as printed with the second
15 
copy of the m anual election return as posted and announced. Should the
16 
results of the digital election return be found to be the sam e as that of the
17 
m anual, the m em bers of the board and the poll w atchers shall affi.x their
IX 
signatures and thum b prints in the spaces provided and the sam e shall be
19 
placed in the com partm ent for valid ballots in the ballot box.
20 
Should there be any discrepancy between the digital and the m anual election
21 
retu rn s, the results in the m anual election return shall prevail. However, for
22 
purposes of electronic transm ission, the chairm an, the poll clerk and the third
23 
m em ber shall encode their digital signatures into the laptop to allow the
24 
necessary corrections in the digital election return to conform to the results
25 
as reflected in the m anual election return. The erroneous digital return shall
26 
be torn by half lengthwise and placed inside the com partm ent for spoiled
27 
ballots inside the ballot box.
28 
Thereafter, the technician shall print another copy of the digital election
29 
return and shall allow the board and the poll watchers to scrutinize and
30 
authenticate the same as prescribed above. When there is no more


1 
discrepancy in the results, the board and the poll w atchers shall affix their
2 
signatures and thum b prints, and the correct digital election return shall be
3 
placed in the com partm ent for valid ballots inside the ballot box.
4 
Finally, the board shall again enter their respective digital signatures to write-
5 
protect the memoiy card containing the digital election return and the image
6 
of the m anual election return, and authorize the electronic transm ission of
7 
the results to the various secure sei'vcrs as i^rescribed herein.
8 
Once the printouts for the image of the m anual election return have been
y 
produced, the poll clerk shall call the other m em bers of the 
board to
10 
authenticate each print copy by closely com paring the sam e with the election
11 
return posted on the wall in the presence of the w atchers and within view of
12 
the public. If the board finds each print a faithful reproduction of the election
13 
return, all m em bers thereof shall annotate and sign a certification to that
14 
effect on the bottom front of the print.
15 
Each certified printed copy shall be placed in an envelope and distributed as
16 
herein provided. Designated recipients of the certified print copies may receive
17 
their copies at the polling place or counting center.
IX 
Immediately upon the accom plishm ent of the election returns for local
19 
position, the second copy of the same shall be posted on a  wall with sufficient
20 
lighting within the prem ises of the polling place.
21 
The digital election return shall be printed out and authenticated as
22 
prescribed above for the national positions.
23 
The other copies of election returns for both national and local position shall
24 
be sealed in the presence of the w atchers and the public, and placed in the
25 
proper envelope, which shall likewise be sealed and distributed as herein
26 
provided.
10


1 
Any election return with a separately printed serial num ber or which bears a
2 
different serial num ber from that assigned to the particular polling place
3 
concerned shall not be canvassed and shall be declared as spurious and fake,
4 
and shall be a ground for a pre-proclam ation controversy. This is to be
5 
determ ined by the board of canvassers prior to its canvassing on the basis of
6 
the certification of the provincial, city or m unicipal treasurer as to the serial
7 
num ber of the election return assigned to said voting precinct, unless the
8 
Commission shall order in writing for its canvassing, stating the reason for
9 
the variance in serial num bers.
10 
If the signatures a n d /o r thum bm arks of the m em bers of the board of election
11 
inspectors or some of them  as required in this provision are m issing in the
12 
election returns, the board of canvassers may sum m on the m em bers of the
13 
board of election inspectors concerned to complete the returns.
14 
The citizen's arm  is m andated to present for perusal its copy of the election
I.*! 
return to the board of election canvassers upon the request of any interested
16 
candidate.
17 
Any violation of this election or its pertinent portion, shall constitute an
18 
election offense and shall be penalized in accordance with B atas Pam bansa
19 
Big. 881
20 
SECTION 
11. 
N um ber o f Copies o f E lection R e tu rn s a n d  th e ir
21 
D istrib u tio n . - The board of election inspectors shall prepare in handw riting
22 
the election returns in their respective polling place, in the num ber of copies
23 
herein provided and in the form to be prescribed and provided by the
24 
Commission.
25 
The chairm an of the board of election inspectors shall distribute the copies of
26 
election returns as follows:
II


1 
(a) In the election of president, vice-president, senators and members of the
2 
House of Representatives including the party-list representatives:
3 
(l)The digital election return shall be electronically transmitted to the
4 
secure servers and the first copy of the manual election return, as
5 
digitally captured and printed, shall be delivered to city or municipal
6 
board of canvassers immediately after the closing of the polls;
7 
(2) The second copy to be posted on a wall within the premises of the polling
8 
place;
y 
(3) The third copy, to the congress, directed to the President of the Senate;
10
(4) The fourth copy, to the Commission;
11 
(5) The fifth copy, to the dominant majority party as determined by the
12 
Commission in accordance with law;
13 
(6) The sixth copy, to the dominant minority party as determined by the
14 
Commission in accordance with law;
15 
(7) The seventh copy, to a citizens' authorized by the Commission to
16 
conduct an unofficial count: Provided, however, That the accreditation
17 
of the citizens’ arm shall be subject to the provision of Section 52(k) of
18 
Batas Pambansa Bldg. 881; and
19 
(8) The eighth copy shall be deposited inside the compartment of the ballot
20 
box for valid ballots; and
21 
(b) In the election of local officials;
22 
(l)The digital election return shall be electronically transmitted to the
23 
secure servers and the first copy of the manual election return, as
12


digitally captured and printed, shall be delivered to city or m unicipal 
board of canvassers immediately after the closing of the polls;
3 
(2) The second copy to be posted on a wall within the premises of the polling
4 
place;
5 
(3) The third copy, to the Commission;
6 
(4) The fourth copy, to the provincial board of canvassers;
7 
(5) The fifth copy, to the dominant majority party as determined by the
8 
Commission in accordance with law;
9 
(6) The sixth copy, to the dominant minority pai'ty as determined by the
10 
Commission in accordance with law;
11 
(7) The vseventh copy, to a citizens' authorized by the Commission to
12 
conduct an unofficial count: Provided, however. That the accreditation
13 
of the citizens' arm shall be subject to the provisions of Section 52(k) of
14 
Batas Pambansa Bldg. 881; and
15 
(8) The eighth copy shall be deposited inside the com partm ent of the ballot
16 
box for valid votes.
17 
The copy of the election return posted on the wall shall be open for public 
IX 
viewing at any time of the day for forty-eight (48) hours following its posting.
19 
Any person may view or capture an image of the election return by m eans of
20 
any d ata capturing device such as, but not limited to, cam eras at any time of
21 
the day for forty-eight (48) hours following its posting. After the prescribed
22 
period for posting, the chairm an of the board of election inspectors shall
23 
collect the posted election returns and keep the sam e in his custody to be
24 
produced for image or data capturing as may be requested by any voter or
25 
an y  lawful purpose as may be ordered by com petent authority.
13


1 
Except for those copies that are required to be delivered, copies of election
2 
returns may be claimed at the polling place. Any unclaimed copy shall be
3 
brought by the chairm an of the board of election inspectors to the canvassing
4 
center where the recipients or their representatives may claim them. Copies
5 
still unclaimed at the canvassing center shall be deemed placed in the custody
6 
of the chairman of the board of election inspectors, who shall produce them
7 
w hen requested by the recipient or when ordered by a com petent authority.
The Thirty (30) certified print copies of the election return for national 
positions shall be distributed as follows:
8 
(a) The first fourteen (14) copies shall be given to the fourteen (14) accredited
9 
major national parties in accordance with a voluntaiy agreement among
10 
them. If no such agreement is reached, the Commission shall decide which
11 
parties shall receive the copies on the basis of the criteria provided in
12 
Section 26 of Republic Act 7166.
13 
(b) The next three copies shall be given to the three accredited major local
14 
parties in accordance with a voluntary agreement among them. If no such
13 
agreement is reached, the Commission shall decide which parties shall
16 
receive the copies on the basis of criteria analogous to that provided in
17 
Section 26 of Republic Act 7166.
18
19 
(c) The next five copies shall be given to national broadcast or print media
20 
entities as may be equitably determined by the Commission in view of
21 
propagating the copies to the widest e.xtent possible;
22 
(d) The next two copies shall be given to local broadcast or print media entities
23 
as may be equitably determined by the Commission in view of propagating
24 
the copies to the widest extent possible;
14


1 
(e) The next four copies to the major citizens' arm s, including the accredited
2 
citizens' arm s and other non-partisan groups or organizations enlisted by
3 
the Commission p u rsu an t to Section 52(k) of Batas Pam bansa Big. 881;
4 
(1) The next copy to be placed inside the com partm ent of the ballot box for
5 
valid ballots; and
6 
(g) The last copy to the provincial board of canvassc'rs.
7 
The certified print copies may be claimed at the polling place. Any unclaim ed
8 
copy shall be brought by the chairm an of the board of election inspectors to
9 
the canvassing center where the recipients or representatives may claim
10 
them . Copies still unclaim ed at the canvassing center shall be placed in the
11 
custody of the chairm an of the board election inspectors, who shall produce
12 
them  when requested by the recipient or when ordered by a com petent
13 
authority.
14 
Any provision of law to the contrary notw ithstanding, any of the recipients of
15 
the print or digital copies of the election return may conduct an unofficial
16 
consolidation of votes and may announce the result to the public.
17 
The Commission shall post its digital files in its website for the public to view
18 
or download at any time of the day. The Commission shall m aintain the files
19 
at least three years from the date of posting.
20 
Any violation of this section, or its pertinent portion, shall constitute an
21 
election offense and shall be penalized in accordance with Batas Pam bansa
22 
Big. 881;
23 
SECTION 12. The Use o f a  T ally B o ard  Not Allowed. - The use of a tally
24 
board, commonly used by Boards of Election Inspectors at the precinct level
25 
is no longer allowed and shall be replaced by the projected real-tim e input of
26 
resu lts in the digital election return, as provided above.
15


1 
SECTION 13. C an v assin g  by Proxnncial City, D istrict, a n d  M unicipal
2 
B o a rd  o f C anvassers. - a) The city or municipal board of canvassers shall
3 
canvass the electronically transm itted election return for President, Vice-
4 
President, Senator, party-list representatives and Members of the House of
5 
Representatives and for elective provincial and city or m unicipal officials;
6 
Provided, That the returns for national positions shall be canvassed first.
7 
Upon completion of the canvass, it shall prepare the certificate of canvass for
8 
Representatives and elective provincial officials, announce the results of the
9 
election for national positions in the city or m unicipality and, thereafter,
10 
proclaim  the elected city or m unicipal officials, as the case may be.
11 
b) The city board of canvassers of cities comprising one or more legislative
12 
districts shall canvass the electronically transm itted election returns for
1.4 
President, Vice-President, Senator, party-list representatives. M embers of the
14 
House of Representatives and elective city officials: Provided that the returns
15 
for national positions shall be canvassed first. Upon completion of the
16 
canvass, the board shall prepare the certificate of canvass, of President, Vice-
17 
President, Senator and party-list representatives, announce the results of the
18 
election for national positions in the city and, thereafter, proclaim the elected
19 
m em bers of the House of Representatives and city officials.
20 
c) (1) In the Metro Manila Area such m unicipality com prising a legislative
21 
district shall have district board of canvassers which shall canvass the
22 
electronically transm itted election return for President, Vice-Presidents,
24 
Senator, party-list representatives, Members for the House of Representatives
24 
and elective m unicipal officials; Provided, That the return for national
25 
positions shall be canvassed first. Upon completion of the canvass, it shall
26 
prepare the certificate of canvass for President, Vice- Presidents, Senators,
27 
and pcrnty-list representatives, announce the results of the election for
28 
national position in the municipality, and thereafter, proclaim the elected
29 
m em ber of the House of the Representatives and city officials.
16


1 
(2) Each com ponent municipality in a legislative district in the Metro Manila
2 
Area shall have a m unicipal board of canvassers which shall canvass the
3 
electronically transm itted election returns for President, Vice-President,
4 
Senator, party-list representatives. Members of the House of Representatives
5 
and elective m unicipal officials: Provided that the returns for national
6 
positions shall be canvassed first. Upon completion of the canvass, it shall
7 
prepare the certificate of canvass for Presidents, Vice-Presidents, Senators, 
X 
party-list representatives and Members of the House of the Representatives,
9 
announce the results of the election for national position in the m unicipality,
10 
and thereafter, proclaim the elected m unicipal officials.
11 
(3) The district board of canvassci s of each legislative district com prising two
12 
m unicipalities in Metro Manila area shall canvass the certificate of canvass
13 
for President, Vice-President, Senator, party-list representatives and Members
14 
of the House of Representatives subm itted by the m unicipal board of
15 
canvassers of the com ponent municipalities. Upon completion of the canvass,
16 
it shall prepare a certificate of canvass for President, Vice President, Senator,
17 
and party-list representatives, announce the results of the election for
18 
national positions in the district, and thereafter, proclaim the elected Member
19 
of the House of the Representatives in the legislative district.
20 
(d) The provincial board of canvassers shall canvass the electronically
21 
transm itted certificate of canvass for President, Vice-President, Senators,
22 
party-list representatives, m em bers of the House of Representatives and 
2.3 
elective provincial officials as well as plebiscite results, if any plebiscite is
24 
conducted sim ultaneously with the same election, as subm itted by the board
25 
of canvassers of m unicipalities and com ponent cities: Provided, That the
26 
certificates of canvass for national position shall be canvassed first. Upon
27 
completion of the canvass, it shall prepare the certificate of canvass for
28 
President, Vice-President, Senators and party-list representatives, announce
29 
the results of the election for national position in the province, and proclaim 
.30 
the elected m em bers of the House of Representatives and provincial officials 
31 
as well as the plebiscite results, if any.
17


1 
In conducting the canvass of election returns or certificates of canvass, as the
2 
case may be, the board of canvassers in a m unicipality, city, district or
3 
province shall project each election return or certificate of canvass on a wall
4 
from which its contents shall be read in order that those present in the
5 
canvassing center may follow the progress of the canvassing process from
6 
beginning to end. The Commission may utilize the appropriate projection
7 
equipm ent for this purpose.
8 
Immediately after the certificate of canvass for national positions is
9 
accom plished, the chairm an of the board of canvassers shall announce the
10 
posting of the second copy thereof and its supporting statem ent of votes on a
11 
wall with sufficient lighting within the prem ises of the canvassing center. He
12 
shall then proceed to do the same in the present in the canvassing center.
13 
W ithout delay and when feasible, he shall capture images of the certificate of
14 
canvass and supporting statem ents of votes using a secured data capturing
15 
device and thereafter, while in the prem ises of the canvassing center,
16 
immediately print the data so captured in thirty (30) copies. 1'he board of
17 
canvassers shall then authenticate each printed copy, in the presence of
18 
w atchers and within public view, by closely com paring the sam e with the
19 
certificate of canvass or statem ent of votes, as the case may be, posted on of
20 
the wall. If the board finds each printed copy a faithful reproduction of the
21 
certificate of canvass or statem ent of votes, all m em bers thereof shall annotate
22 
and sign a certification to that effect on the bottom front of the printed copy.
23 
F-ach certified printed copy shall be placed in an envelope and distributed as
24 
herein provided. Designated recipients of the certified printed copies may
25 
receive their copies at the canvassing center.
26 
The chairm an of the board shall transm it the digital files with digital
27 
encryptions for security reasons of the certificate of canvass and its
28 
supporting statem ent of votes using a secured transm ission device with
18


1 
authentication features to the secured tabulation system  of the Commission
2 
and to the system s of the other designated recipients as herein provided.
3 
Any provision of law to the contraiy notw ithstanding, any of the recipients of
4 
the print or digital copies of the certificate of canvass and the supporting
5 
statem ents of votes may conduct an unofficial consolidation of votes and may
6 
announce the result thereof to the public.
7 
Any violation of this section, or its pertinent portion, shall constitute an
8 
election offence and shall be penalized in accordance with B atas Pam bansa
9 
Big. 881.
10 
SECTION 14. N um ber o f Copies o f C ertificate o f Canxfass a n d  th e ir
11 
D istrib u tio n . - a) the certificate of canvass for president, vice-president,
12 
senator and m em ber of the hou.se of Representatives and elective provincial
13 
official shall be prepared in seven copies by the city or m unicipal board of
14 
canvassers and distributed as follows;
15 
(1) The first copy shall be delivered to the provincial board of canvas.sers for
16 
use in the canvass election results for President, Vice-President, Senator and
17 
Member of the House of Representatives and elective provincial officials:
18 
(2) The second copy shall be sent to the Commission;
19 
(3) The third copy shall be posted on a wall within the prem ises of the
20 
canvassing center;
21 
(4) The fourth copy shall be kept by the chairm an of the board; and
22 
(5) The fifth copy shall be given the 
citizens' arm designated by the
23 
Commission to conduct a media-ba.sed unofficial count, and the sixth and
24 
seventh copies shall be given to the 
citizen's arm designated by the
25 
Commission to conduct a media - based unofficial count, and the sLxth and
26 
seventh copies shall be given to the representatives of two of the six major
19


1
2
3
4
5
6
political parties in accordance with the voluntary agreem ent of the parties. If 
no such agreem ent 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 
w ith the at least possible delay.
7 
b) The certificates of canvass for president, vice president, senators shall be
8 
prepared in seven (7) copies by the city boards of canvassers of cities
9 
comprising one or more legislative districts, by provincial boards of
10 
canvassers in the Metro Manila Area, and distributed as follows:
11 
(1) The first copy shall be sent to the Congress directed to the President of the
12 
Senate for use in the canvass of election results for President and Vice-
13 
President;
14 
(2) The second copy shall be sent to the Commission for use in the canvass of 
13 
the election results for Senators;
16 
(3) The third copy shall be posted on a wall within the premises of the
17 
canvassing center;
18 
(4) The fourth copy shall be kept by the chairman of the board; and
19 
(5) The fifth copy shall be given to the citizens’ arm designated by the
70 
Commission to conduct a media -based unofficial count, and the sixth and
21 
seventh copies shall be given to the representatives of two of the six major
22 
political parties. If no such agreem ent is reached, the comm ission shall decide
23 
w hich parties shall receive the copies of the certificate of canvass on the basis
24 
of the criteria provided in Section 26 hereof. The parties receiving the
25 
certificates shall have the obligation to furnish the other parties with
26 
au th en tic copies thereof with the least possible delay.
20


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 chairm an of the board of canvassers 
shall collect the posted certificate of canvass and keep the sam e in his custody 
to be produced for image or data caj)turing as may be requested by any voter 
or for any lawful purpose as may be ordered com petent authority.
8 
Except for those copies that are required to be delivered, copies of certificates
9 
of canvass may be claimed at the canvassing center. Any unclaimed copy shall
10 
be deemed placed in the custody of the chairman of the board of canvassers,
11 
who shall produce them  requested by the recipient or when ordered by a
12 
competent authority.
1.1 
The thirty (30) certified print copies of the certificate canvass for national
14 
positions shall be distributed as follows:
15 
(a) The first fourteen (14) copies shall be given to the fourteen (14) accredited
16 
major national parties in accordance with a voluntaiy agreement among
17 
them. If no such agreement is reached, the commission shall decide which
18 
parties shall receive the copies on the basis of the criteria provided in Section
19 
26 hereof;
20 
(b) The next three copies shall be given to the three accredited major local
21 
parties in accordance with a voluntary agreement among them. If no such
22 
agreement is reached, the Commission shall decide which parties shall receive 
2.^ 
the copies in the basis of criteria analogous to the provided in Section 26
24 
hereof;
25 
(c) The next five copies shall be given to national broadcast or print media
26 
entities as may be equitably determined by the comm ission in view of
27 
propagating the copies to the widest extent possible;
21


1 
(d) The next two copies shall be given to local broadcast or print m edia entitles
2 
a s may be equitably determ ined by the Commission in view propagating the
3 
copies to the widest extent possible;
4
5
6
(e) The next four copies to the major citizen's arm s, including accredited 
citizen' arm , and other non -partisan groups or organizations enlisted by the 
com m ission p u rsu an t to section 52(K) of Batas Pam bansa Big. 881; and
7 
(f) The last two copies to be kept in file by the chairm an of the board of
8 
canvassers to be subsequently distributed as the national board of canvassers
9 
m ay direct.
in 
The certified print copies may be claimed at the canvassing center. Any
11 
unclaim ed copy shall be deemed place in the custody of the chairm an of the
12 
board of canvassers, who shall produce them  when requested by the recipient
13 
or when ordered by a com petent authority.
14 
The comm ission shall post its digital files in its website for the public to view 
1-3 
or download at any time of the day. The commission shall m aintain the files
16 
for at least three years from the date of posting.
17 
Any violation of this section, or its pertinent portion, shall constitute an
18 
election offense and shall be penalized in accordance with B atas Pam bansa
19 
Big. 881.
20 
SECTION 15. C ongress a s  th e  N atio n al B o ard  o f C an v assers f o r  th e
21 
E le ctio n  o f P re sid e n t a n d  Vice P resid en t: The C om m ission en b a n c  a s
22 
th e  N a tio n a l B o ard  o f C aniK issers f o r  th e  election o f se n a to rs:
23 
D e term in a tio n  o f A u th en ticity  a n d  Due E xecution o f C ertific a te s o f
24 
C anvass. - Congress and the Commission en banc shall determ ine the
25 
authenticity and due e.xecution of the electronically transm itted certificates
26 
for President and Vice-President and Senators, respectively, as accom plished
27 
an d  transm itted to it by the local boards of canvassers, on a showing that; (1)
22


1 
each certificate of canvass was executed, signed and thum b m arked by the
2 
chairm an and m em ber of the board of canvassers and transm itted or caused
3 
to be transmitted to Congress by them; (2) each certificate of canvass contains
4 
the nam es of all of the candidates for President and Vice-President or Senator,
5 
as the case may be, and their corresponding votes in words and their
6 
corresponding votes in words and in figures; (3) there exist no discrepancy in
7 
other authentic copies of the docum ent such as statem ent of votes of any of
8 
its supporting docum ent such as statem ent of votes by city or m unicipality or
9 
by precinct or discrepancy in the votes of any candidate in words and figures
10 
in the certificate; and (4) there exist no discrepancy in the votes of any
11 
candidate in words and figures in the certificates of canvass against the
12 
aggregate num ber of votes appearing in the election letu rn s of precincts
13 
covered by the certificate of canvass: Provided, That certified print copies of
14 
election retu rn s or certificates of canvass may be used for the purpose of
15 
verifying the existence of the discrepancy.
16 
W hen the certificate of canvass, duly certified by the board of canvassers of
17 
each province, city of district, appears to be incomplete, the Senate President
18 
or the chairman of the Commission, as the case may be, shall require the
19 
boiird of canvassers concerned to transm it by personal deliveiy, the election
20 
retu rn s form polling places that were not included in the certificate of canvass
21 
and supporting statements. Said election returns shall be submitted by
22 
personal deliveiy within two (2) days from receipt of notice.
23 
W hen it appears that any certificate of canvass or supporting statem ent of
24 
votes of each province, city of district, appears to he incomplete, the .Senate
25 
President or the chairman of the Commission, as the case may be, shall
26 
require the board of canyassers concerned to transm it by personal deliyery,
27 
the election retu rn s from polling places that were not included in the
28 
certificate of canvass and supporting statem ents. Said election returns shall
29 
be submitted by personal deliveiy within two (2) days from receipt of notice.
23


1 
When it appears that any certificate of canvass including other duly certified
2 
printed copies thereof or supporting statem ent of votes by city or m unicipality
3 
or by precinct bears erasures or alteration which may cast doubt as to the
4 
veracity of the num ber of votes stated herein and may affect the result of the
5 
election, upon requested of the presidential, vice- presidential or senatorial
6 
candidate concerned or his party. Congress or the Commission en banc, as
7 
the case may be shall, for the sole purpose of verifying the actual the votes as
8 
they appear in the copies if the election returns subm itted to it.
9 
Any person who present in evidence a sim ulated copy of an election return,
10 
certificate of canvass or statem ent of votes, or a printed copy of an election
11 
return, certificate of canvass or statem ent of votes bearing a sim ulated
12 
certification or a sim ulated image, shall be guilty of an election offense shall
13 
be penalized in accordance with Batas Pam bansa Big. 881.
14 
SECTION 16. C om m unication C hannels f o r  E lectro n ic T ran sm issio n s.-
15 
Electronic transm ission which is defined under R.A. 9309 as conveying data
16 
in electronic form from one location to another shall be guided by the
17 
following: all electronic transm issions of the election returns, certificates of
18 
canvass and other related docum ents shall utilize secure transm ission
19 
channels as recom mended by the Departm ent of Science and Technology and
20 
the National Telecom m unications Commission to ensure authentication and
21 
integrity of transm ission.
22 
The Commission is hereby authorized to procure the necessary equipm ent,
23 
facilities and sendees for putting up the electronic transm ission system  in
24 
order to effectively implement the provisions of this act.
25 
Electronic transm ission of the election returns and such other related
26 
docum ents from the precinct level shall be fom arded to the COMELEC office
27 
and to the national broadcast or print m edia entities as may be equitably be
28 
determ ined by the COMELEC.
24


1 
SECTION 17. P re-p ro clam atio n  controversy.- In case of any discrepancy,
2 
incompleteness, erasure or alteration as mentioned above, the procedure on
3 
pre-proclamation controversies shall be adopted and applied as provided in
4 
Sections 17,18,19 and 20 of Republic Act No. 7166.
5 
SECTION 18. E lectio n  O ffenses u n d e r th is A c t- In addition to the
6 
violations of the pertinent provisions of this Act, the following shall also
7 
constitute election offenses:
8 
(a) Any person who removes the election return that is posted on the wall,
9 
whether within or after the prescribed forty-eight (48) hours of posting, or
10 
defaces the same in any manner;
11 
(b) Any person who simulates an actual election return, or a print or digital
12 
copy thereof;
13 
(c) Any person who simulates the certification in a print of an election return;
14 
(d) The chairman or any member of the board of election inspectors who,
15 
during the prescribe period of posting, removes the election return from
16 
the wall on which it had been posted other than for the purpose of
17 
immediately transferring it to a more suitable place;
18 
(e) The chairman or any member of the board of election inspectors who signs
19 
or authenticates a print of the election return outside of the polling place;
20 
and
21 
(1) The chairman or any member of the board of election inspectors who signs
22 
or authenticates a print which bears an image different from the election
23 
return produced after counting and posted on the wall.
24 
(g) Any person who remove the certificate of canvass posted on the wall,
25 
whether within or after the prescribed forty-eight (48) hours of posting, or
26 
defaces the same in any manner;
25


1 
(h) Any person who sim ulates an actual certificates of canvass or statem ent
2 
of votes, or a print or digital copy thereof;
3 
(i) Any person who sim ulates the certification of a certificate of canvass or
4 
statem ent of votes;
5 
(j) The chairm an or any m em ber of the board of canvassers who, during the
6 
prescribed period of posting, remove the certificate of canvass or its
7 
supporting statem ent of votes from the wall on which they have been
8 
posted other than for the purpose of immediately transferring them  to a
9 
more suitable place;
10 
(k) The chairm an of any m em ber of the board of canvassers who sign or
11 
authenticates a print 
of the certificate 
of canvass or its supporting
12 
statem ent of votes outside of the polling place: and
13 
(1) The chairm an or any m em ber of the board of canvassers who sign or
14 
authenticate a print that bears an image different from the certificate of
15 
canvass or statem ent of votes produced after counting and posted on the
16 
wall.
17 
SECTION 19. Im p lem en tin g R ules a n d  R eg u latio n s a n d  B id d in g .-
18 
Im mediately upon the approval of this Act, the Commission shall form ulate
19 
su ch  rules and regulations that will effectively im plem ent this Act for
20 
purposes of the 2019 national, local and ARMM elections and all subsequent
21 
elections thereafter. In addition, the Commission shall prescribe the technical
22 
specifications for the electronic devices and com puter program s to be used for
23 
im plem enting of this Act, with an aim to ensure fair, honest, and orderly
24 
elections and prom pt determ ination of the true results thereof.
25 
SECTION 20. A p p ro p riatio n s.- Congress shall provide the necessary
26 
appropriation in a supplem ental budget or general appropriations act, as the
26


1 
case m ay be, without delay and for purposes of the 2019 national, local and
2 
ARMM elections.
3 
SECTION 21. R ep ealin g  C lause. - 
All laws, decrees, executive orders,
4 
resolutions, revenue regulations, ordinances or circulars inconsistent with
5 
the provisions of this Act are hereby repealed or modified accordingly or
6 
declared null and void and inoperative.
7 
Approved,
27