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

N

ETEENTH CONGRESS
First Regular Session

House Bill No.. 342

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

EXPLANATORY NOTE

Republic Act No. 8436 was passed into law in 1997, mandating COMELEC
(Commission on Elections) to utilize an automated election system. Republic Act
9369 was then enacted in 2007 to enable the COMELEC to conduct automated
election in 2010 and in the succeeding local and national elections.

The coming to fruition of these fresh legislation prompted high hopes for
the Filipino electorate. With the introduction of automation and with “less”
human intervention in the electoral process, a general expectation of orderliness
and credibility prevailed

Unfortunately, observations on the conduct of the “automated” national
and local elections turned out to be unsatisfactory and even frustrating. No less
than President Rodrigo Duterte himself, after the recent 2019 elections,
commented that COMELEC should let go of Smartmatie’s VCMs (vote counting
machines) come the 2022 polls. Compounding these were the problems
encountered with the so called “glitches”, involving the electronic transmission
of canvass. SD cards, and even the use of challenging ballot markers.

In order to address this matter. this humble Representation followed on the
suggestions of previous members of the House of Representatives, and offer this
proposed measure.

In view of this objective, immediate pas:



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

NINETEENTH CONGRESS
First Regular Session

House BillNo_342

INTRODUCED BY: HON. DANILO RAMON S. FERNANDEZ

AN ACT
PROVIDING FOR THE CONDUCT OF HYBRID NATIONAL AND LOCAL ELECTIONS,
THROUGH MANUAL VOTING AND COUNTING AT THE PRECINCTLEVEL, 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".

SEC. 2. 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 on Elections specified hereunder not later than the day before the date
legally fixed for the beginning of his campaign period, TO WIT:

(1) FOR PRESIDENT, VICE-PRESIDENT, SENATORS AND PARTY-LIST
REPRESENTATIVES, 90 DAYS BEFORE THE DAY OF ELECTIONS: AND.

(2) FOR MEMBERS OF THE HOUSE OF REPRESENTATIVES, AND
ELECTIVE PROVINCIAL, C I TY AND MUNICIPAL OFFICIALS, 45 DAYS
BEFORE THE DAY OF THE ELECTION.

(a)The certificate of candidacy for President. Vice-President, Senators and
Party-list Representatives shall be filed with the main office of the
Commission in Manila;


(b)The certificate of candidacy for the Members of the House of Representatives shall
be filed with the provincial election supervisor of the province concerned. Those
for legislative districts in the National Capital Region shall be filed with the regional
election director of said region and those for legislative districts in cities outside the
National Capital Region which comprise one or more legislative districts shall be
filed with the city election registrar concerned:

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

(d)The certificate of candidacy for city or municipal offices shall be filed with the
city or municipal election OFFICER [registrar] 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
deciared a nuisance candidate, it shall be the duty of the Commission on Elections to
instruct without delay the appropriate election officials to delete the name of said candidate
as printed in the election return,

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

SEC. 3. Official Ballots. -
(a) Ballots for national and local elections, regular or special, plebiscites and referenda,
shail be of uniform size and shall be prescribed by the Commission on Elections, taking
into consideration environmental considerations, with a reasonable minimum paper size
and using only recycled paper. They shail 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 tie 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.”

(b) The official ballot shall be serially numbered and shall be delivered to and
correspond to specific precincts or cluster or precincts, as the case may be, which shall
have corresponding and exclusive ballot identification numbers separate fom 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 on
Elections’ Official Website at least five (5) days before election day.

(©) 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

(d)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, shat: 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,

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

(f) Official ballot for cities and municipalities where Arabic is of general use shall have
each of the titles of the offices to be voted for printed in Arabic in addition to and
immediately below the English title.

(g)The foregoing provisions notwithstanding, the Commission is hereby authorized to
prescribe a different form of official ballot on the same watermarked security paper to
facilitate voting by illiterate and specially abled voters only and to use or adopt the
latest technological and electronic devices in connection therewith, as will enable such
illiterate or specially abled voter to confirm that the accompanying person truly adhered
to the former's choice of candidates, as provided under Section 52(i) of the Omnibus
Election Code.

SEC. 4. Printing of Official Ballots. The printing of official ballots shall be exclusively
done by the National Printing Office and may not be contracted om or outsourced fo 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.

SEC. 5. 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, scan the
ballot under an official bar code


scanner to authenticate the same and thereafter the Chairman and the watchers for the
dominant majority party and dominant minority party shall affix their signatures at the back
thereof. Failure to so authenticate shall be noted in the minutes of the board of election
inspectors and shall constitute an election offense punishable under Section 263 and 264 of
the Omnibus Election Code. The same manner of authentication of the ballots under the
bar code scanner shall likewise be observed before reading the ballot for counting the votes
after the closing of the polls.

SEC. 6. 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 during the counting, the chairman, the poll clerk and the third
member shall assume such positions as to provide the watchers and the members of the
public as may be conveniently accommodated in the polling place, an unimpeded view of
the ballot being [ready] READ by the chairman, of the election return and the tally board
being simultaneously accomplished by the, pall 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 SUCH SIGNATURES SHALL BE REJECTED.

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

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

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

SEC. 7. 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, Atall times, the ballot boxes
and all election documents and paraphernalia shall be within close view of the watchers
and the public.

The board of election inspectors shall not adjourn or postpone or delay the count until it
has been fully completed, unless otherwise ordered by the Commission on Elections.

The Commission on Elections, 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.

SEC. 8. Election Returns. - The board of election inspectors shall prepare the election
retums 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 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
compariment for spoiled ballots WHICH [because they] were erroneously placed therein.
the total number of excess ballots, the total number of marked or void ballots, and the
total numbers of votes obtained by each candidate, writing out the said number in words
and figures and, at the end thereof, the board of election inspectors shall certify that the
contents are correct. The retums for national positions and party-list shall be accomplished
in a single sheet of paper. but if this is not possible, additional sheets may be used which
shall be prepared in the same manner as the first sheet and likewise certified by the board
of election inspectors.


‘The Commission on Elections shall take steps so that the entries on the first copy of the
election returns are dearly reproduced on the second, third, fourth, fifth, sixth copies thereof,
and for the purpose the Commission shall use a special kind of paper.

Section 9. 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 tuming off the projected results on the screen,
shall print out one copy of the digital election return as filled out, and the members of the
board and the poll watchers shall be asked to authenticate the same by comparing the
results as printed 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 poil watchers shall aflix 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.

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 retum 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

SEC. 10. - 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 copies of election returns shall be distributed by the chairman of the board of election
inspectors as follows:

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

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

(2) The second copy to be posted on a wall within the premises of the polling place;
(3) The third copy, to the congress, directed to the President of the Senate:
(4) The fourth copy, to the Commission on Elections;

(5) The fifth copy, to the dominant majority party as determined by the Commission.
on Elections in accordance with law;

(6) The sixth copy, to the dominant minority party as determined by the Commission
on Elections in accordance with law;

(7) The seventh copy, to a citizens’ authorized by the Commission on Elections to
conduct an unofficial count: Provided, however, That the accreditation of the
citizens’ arm shall be subject to the provision of Section 52(k) of Batas Pambansa
Bldg. 881; and


(8) The eight copy shall be deposited inside the compartment of the ballot box for
valid ballots; and

(b) In the election of local officials;

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

(2)The second copy to be posted on a wall within the premises of the polling place;
(3)The third copy, to the Commission on Elections:
(4)The fourth copy, to the provincial board of canvassers:

(S)The fifth copy, to the dominant majority party as determined by the Commission
on Elections in accordance with law:

(6)The sixth copy, to the dominant minority party as determined by the Commission
on Elections in accordance with law;

(7)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

(8)The eighth copy shall be deposited inside the compartment of the ballot box for
valid votes.

The copy of the election return posted on the wall shall be open for public viewing at
any time of the day for forty-eight (48) hours following its posting. Any person may view
or capture an image of the election return by means of any data capturing device such as,
but not limited to, cameras at any time of the day for forty-eight (48) hours following its
posting. After the prescribed period for posting, the chairman of the board of election
inspectors 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 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 (33) certified print copies of the election retum for national positions shall be
distributed as follows:

(a) The first fourteen (14) copies shall be given to the fourteen (14) accredited major national
patties in accordance with a voluntary agreement among them. If no such agreement
is reached, the Commission on Elections shall decide which parties shall receive the
copies on the basis of the criteria provided in Section 26 of Republic Act 7166.

(b)The next three copies shall be given to the three 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.

(c) The next five copies shall be given to national broadcast or print media entities as may
be equitably determined by the Commission on Elections 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 entities as may be
equitably determined by the Commission on Elections in view of propagating the
copies to the widest extent possible;

(e)The next four copies to the major citizens' arms, including the accredited citizens’ arms
and other non-partisan groups or organizations enlisted by the Commission pursuant to
Section 52(k) of Batas Pambansa Big, 881:

(1) The next copy to be placed inside the compartment of the ballot box for valid ballots:
and

(g) The last copy to the provincial board of canvassers.’

The certified print copies may be claimed at the polling place. Any unclaimed copy shall
be brought by the chairman of the board of election 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 Big. 881;

SEC. I1. 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.

SEC. 12. Canvassing by Provincial City, District, and Municipal Board of Canvassers. -
a) The City or municipal board of canvassers shall canvass the ELECTRONICALLY
TRANSMITTED election retum 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 retums for president, vice-
president, senator. PARTY-LIST REPRESENTATIVE, members of the House of
Representatives and elective city officials: Provided, That she 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. [and] senator AND PARTY-LIST
REPRESENTATIVE, announce the results of the election for national positions in the city
and, thereafter. proclaim the elected members of the House of Representatives and city
officials.

©) (1) Inthe Metro Manila Area such municipality/city comprising a legislative district shall
have district board of canvassers which shall canvass the ELECTRONICALLY
TRANSMITTED election return for President. Vice-Presidents. Senator. PARTY-L
REPRESENTATIV! 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 city/municipality in a legislative district in the Metro Manila Area shall
have a city/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 retums 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 arca shall canvass the certificate of canvass for President, Vice-Presidents,
Senator, PARTY-LIST REPRESENTATIVES and Members of the House of
Representatives submitted by the municipal board of canvassers of the Component
municipalities. Upon completion of the canvass, it shall prepare a certificate of canvass for
president, vice-president. fand] senator, AND PARTY-LIST REPRESENTATIVE, announce
the results of the election for national positions in the district, and thereafter, proclaim the
elected member of the House of the Representatives in the legislative district.

(@) 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 [retums] 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, [and] senator, PARTY-LIST
REPRESENTATIVE announce the results of the election for national position in the
province, proclaim the elected member of the House of Representatives and provincial
officials as well as the plebiscite results, if any.

In conducting the canvass of election returns or certificates of canvass, as the case may be,
the board of canvassers in a municipality, city, district or province shall project each election
retum 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.

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,

SEC. 13. 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 on Elections:

(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 the citizens’ arm designated by the Commission on

Elections to conduct a media-based unofficial count, and the sixth and 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:

(© 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 on Elections 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 shail be kept by the Chairman of the Board; and

(5) The fifth copy shall be given to the citizens’ s arm designated by the Commission on
Elections 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 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:

(©) The next five copies shall be given to national broadcast or print media entities as may
be equitably determined by the Commission on Elections in view of propagating the copies
to the widest extent possible;

(d) The next two copies shail be given to local broadcast or print media entitles as may be
equitably determined by the Commission on Elections in view propagating the copies to the
widest extent possible;

(e) The next four copies to the major citizens arms, including accredited citizen’ arm, and
other non -partisan groups or organizations enlisted by the Commission on Elections
pursuant to section $2(K) of Batas Pambansa Blg. 881; and

(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
shail 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 on Elections shall post its digital files in its website for the public to view or
download at any time of the day. The Commission shal] 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.


SEC. 14. 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 [certificate of canvass] 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 exits 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/municipality/by precinct or discrepancy in the votes of any candidate in words
and figures in the certificate; and 14) 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 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/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 bane, 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 Big. 881.


SEC. 15. Communication Channels for Electronic Transmissions. ELECTRONIC
TRANSMISSION WHICH IS DEFINED UNDER R.A. 9369 AS CONVEYING DATA IN
ELECTRONIC FORM FROM ONE LOCATION TO ANOTHER SHALL BE GUIDED BY
THE FOLLOWING: all electronic transmissions of the election returns, certificates of
canvass and other related documents shall utilize secure transmission channels as
recommended by the Department of Science and Technology and the National
Telecommunications Commission to ensure authentication and integrity of transmission.

The Commission on Elections 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 OTHER SUCH
THEREOF AT 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

SEC. 16. Pre-proclamation controversy. In case of any discrepancy, incompleteness,
erasure or alteration 2s 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.

SEC. 17, Election Offenses Under this Act. In addition to the violations of the pertinent
provisions of this Act, the following shall also constitute election offenses:

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

(b) Any person who simulates an actual election return, or a print or digital copy thereof:
(©) 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;

(c) 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

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

(g) Any person who remove the certificate of canvass posted on the wall, whether within or
after rhe prescribed forty-eight (48) hours of posting, or defaces the same in any manner;

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

(i) Any person who simulates the certification of a certificate of canvass or statement of
voles;

(1) 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;

{k) 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

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

SEC. 18. 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 national and local elections. In addition, the
Commission on Elections shall prescribe the technical specifications for the electronic
devices and computer programs to be used for implementing of this Act, with an aim to
ensure fair, honest, and orderly elections and prompt determination of the true results
thereof.

SEC. 19. Repealing Clause and Applicability of Other Existing Laws. The
provisions of Republic Act No. 8436, as amended by RA 9369, in so far inconsistent with
the provisions of this Act are hereby expressly repealed. In


addition, the provisions of Batas Pambansa Blg. 881, as amended, R,A. 7166, and
other election laws not inconsistent with this Act shall remain of full force and effect.

SEC. 20. Appropriations. Congress shall provide the necessary appropriation in the general
appropriations act to fully implement the provisions of this Act.

SEC. 21, All laws, decrees, executive orders, resolutions, revenue regulations, ordinances or
circulars inconsistent with the provisions of this Act are hereby repeated or modified
accordingly or declared null and void and inoperative.

SEC. 22. This Act shall ake effect upon its approval.

Approved,