TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
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'vA g?cnaic
oUlit g>rcrftf.rp
25 AUG 11 P3:09
SENATE
S.B. No. 1172
RECEIVED Blf:
Introduced by SENATOR IMEE R. MARCOS
AN ACT
PROVIDING FOR THE CONDUCT OF HYBRID NATIONAL, LOCAL, AND
BANGSAMORO AUTONOMOUS REGION IN MUSLIM MINDANAO 
(BARMM) ELECTIONS, THROUGH MANUAL-AUTOMATED VOTING, 
COUNTING, CANVASSING, CONSOLIDATION, AND TRANSMISSION, 
AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 8436, AS AMENDED,
AND FOR OTHER PURPOSES
EXPLANATORY NOTE
It is undeniable that a significant number of voters continue to harbor distrust 
toward the automated election system. While the system is often praised for its 
ability to rapidly deliver election results, concerns persist regarding its accuracy and 
transparency—not only during the vote counting process but more critically, 
throughout the canvassing and consolidation stages. Recurring allegations of 
hacking in nearly every automated election have undermined public confidence, 
leading many to question whether the results reflected in election returns and 
certificates of canvass truly represent the people's will.
Given these concerns, there is a clear need for an electoral system that 
maintains the efficiency of automation while addressing voter apprehensions about 
transparency and accuracy in both the counting and canvassing of votes. This is 
precisely what the proposed Hybrid Election System (HES) aims to provide. By 
integrating automated processes with parallel manual counting and canvassing, the 
HES seeks to restore public trust in the electoral process by enhancing transparency 
and accuracy—without reverting to the drawbacks of a purely manual system.
Moreover, current law governing automated elections imposes certain 
prerequisites on the use of such systems by the Commission on Elections 
(COMELEC). Republic Act No. 9369, which amended Republic Act No. 8436, 
mandates that any automated election system (AES) must have "demonstrated 
capability and been successfully used in a prior electoral exercise, either locally or 
abroad." This requirement significantly limits the COMELEC's options by restricting 
eligibility to systems with proven past use.
To address this limitation and to encourage broader participation in the 
bidding process for election-related equipment, supplies, and services—especially
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from Filipino companies—this bill proposes to waive the requirement for bidders to 
have completed a single largest similar contract.
In view of these considerations, the passage of this bill is strongly 
recommended.
MARCOS


TWENTIETH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
SENATE
S.B. No. ll'yp.
Senate
of tlif £»puf(ai'p
25 AUG 11 P3«9
RECEIVED BY:
Introduced by SENATOR IMEE R. MARCOS
AN ACT
PROVIDING FOR THE CONDUCT OF HYBRID NATIONAL, LOCAL, AND 
BANGSAMORO AUTONOMOUS REGION IN MUSLIM MINDANAO (BARMM) 
ELECTIONS, THROUGH MANUAL-AUTOMATED VOTING, COUNTING, 
CANVASSING, CONSOLIDATION, AND TRANSMISSION, AMENDING FOR 
THE PURPOSE REPUBLIC ACT NO. 8436, AS AMENDED, AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled:
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SEC. 1. Tide. -This Act shall be known as the" Hybrid Election Act.
SEC. 2. Coverage.-The coverage of the provisions of this Act shall be applicable 
to the conduct of the elections in May 2028 and all national, local, and Bangsamoro 
Autonomous Region in Muslim Mindanao (BARMM) elections thereafter.
SEC. 3. Section 1 of Republic Act No. 8436, as amended, is hereby further 
amended to read as follows:
"SECTION 1. Declaration of Policy. - It is the policy of the State to ensure 
free, orderly, honest, peaceful, credible and informed elections, 
plebiscites, referenda, recall and other similar electoral exercises by 
improving on the election process and adopting systems, which shall 
involve the use of [an automated] A HYBRID election system that will 
ensure the secrecy and sanctity of the ballot and all election, consolidation 
and transmission documents in order that the process shall be 
transparent and credible and that the results shall be fast, accurate, and 
reflective of the genuine will of the people. THE HYBRID ELECTION 
SYSTEM SHALL BE A COMBINATION OF THE MANUAL VOTING 
AND COUNTING OF VOTES AT PRECINCT LEVEL, AND THE


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AUTOMATED/ELECTRONIC TRANSMISSION OF THE VOTING 
RESULTS, CANVASSING, AND CONSOLIDATION OF VOTES.
The State recognizes the mandate and authority of the 
Commission to prescribe the adoption and use of the most suitable 
technology of demonstrated capability taking into account the situation 
prevailing in the area and the funds available for the purpose.
THE STATE ALSO RECOGNIZES THE RIGHT OF ITS 
CITIZENS, ESPECIALLY OF VOTING AGE, WHEN ORGANIZED AS 
PEOPLE'S ORGANIZATIONS UNDER ARTICLE XIII SECTION 15 
AND 16 OF THE 1987 CONSTITUTION OF THE PHILIPPINES, TO 
PARTICIPATE IN THE ELECTION PROCESS IN ORDER TO ENSURE 
ITS TRANSPARENCY, CREDIBILITY AND ACCEPTABILITY TO THE 
PEOPLE. THE COMMISSION IS HEREBY MANDATED TO TAKE 
APPROPRIATE STEPS TO PROPERLY ACCREDIT AND EMPOWER 
SUCH PEOPLE'S ORGANIZATIONS WITH THIS END IN VIEW."
SEC. 4. Section 2 of Republic Act No. 8436, as amended, is hereby amended to 
read as follows:
"SEC. 2. Definition of Terms. - As used in this Act, the following terms 
shall mean:
"1. [Automated] HYBRID election system, hereinafter referred to as 
[AES] HES - [a-system using appropriate technology which hos been 
demonstrated in the voting, counting, consolidating, canvassingT-and
transmission of election—result, and other electoral—process] AN
ELECTION SYSTEM WHICH COMBINES MANUAL VOTING AND 
COUNTING OF VOTES AT PRECINCT LEVEL AND THE 
AUTOMATED/DIGITALIZED/ELECTRONIC TRANSMISSION OF 
THE VOTING RESULTS, CANVASSING, AND CONSOLIDATION OF 
VOTES;
2. AUTOMATED - A PROCESS OR SYSTEM CARRIED OUT BY 
MACHINES OR COMPUTERS WITHOUT NEEDING HUMAN 
CONTROL;
3. DIGITALIZED - DATA OR INFORMATION THAT HAS BEEN 
CONVERTED INTO A FORM THAT CAN BE STORED OR READ BY A 
COMPUTER.
4. ELECTRONIC - REFERS TO OR USING A SYSTEM OF 
OPERATION THAT INVOLVES THE CONTROL OF ELECTRONIC 
CURRENT IN VARIOUS DEVICES.


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5. 
DATA STORAGE DEVICE - A DEVICE USED TO 
ELECTRONICALLY STORE DIGITALIZED DATA OR 
INFORMATION.
6. COMPUTING EQUIPMENT - MACHINES THAT CAN BE 
PROGRAMMED TO CARRY OUT SEQUENCES OF ARITHMETIC OR 
LOGICAL OPERATIONS OR COMPUTATIONS AUTOMATICALLY
"7.[2t-} Electronic transmission - conveying data in electronic form from 
one location to another;
"8. [3.-J Official ballot- [where AES is utilized, refers] REFERS to the 
paper ballot, whether printed or generated by the technology applied, 
that faithfully captures or represents the votes cast by a DULY 
REGISTERED voter [rec-erded-oKo -be-recorded in electronic form};
"9. [4t^ Election returns- a document in EITHER [electronic--andj 
printed OR DIGITAL form, OR BOTH, directly produced by EITHER 
MANUAL COUNTING [the—counting or voting machine}, OR BY 
ELECTRONIC COMPUTING, RESPECTIVELY, OR BOTH, showing the 
date of the election, the province, municipality and the precinct in which 
it is held and the votes in figures for each candidate in a precinct;
"10. [5t-} Statement of votes - a document [containing] STATING the 
votes obtained by candidates in each precinct in a city/municipality;
"11. [6t—} City/municipal/district/provincial certificate of canvass- a 
document in [electronic] DIGITAL and/OR printed form containing the 
total votes in figures obtained by each candidate in a 
city/municipality/district/province as the case may be. The [electronic] 
DIGITAL certificates of canvass shall be the official canvass result in the 
aforementioned jurisdictions;
"12. [7.-^ Paper-based election system - a type of [automated] election 
system that useS paper ballots. IT MAY[t^ record[s][ and count[s^ votes,
tabulate[s], TRANSMIT THE RESULTS OF THE VOTE COUNT, 
CANVASS and consolidate[s/cafivosses] THESE RESULTS 
ELECTRONICALLY OR MANUALLY [and transmits electronically the 
results of the vote count];"
["8. Direct recording electronic election system—a type or automated
election system-that-uses electronic ballots, recordST-votes-by-means-ef-a
ballot display provided with mechanical or electro-optical component that
can be activated by the voter, processes data by means of a computer
programs, rec-erd-voting doto and ballot images—and transmte-voting
results-electronically;]
"13. [8t] Counting center- a public place[s] within the city/municipality 
or in such other places as may be designated by the Commission where 
the official ballots cast in various precincts of the city/municipality shall 
be counted. Polling places or voting centers may also be designated as 
counting centers;


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"14. COMELEC PUBLIC WEBSITE - A SET OF INTERNET WEB 
PAGES UNDER THE DOMAIN NAME OF, AND OWNED AND 
OPERATED BY THE COMMISSION FOR THE PURPOSE OF 
PROVIDING INFORMATION ON ELECTION MATTERS TO THE 
GENERAL PUBLIC.
15. Continuity plan - a list of contingency measures, and the policies 
for activation of such, that are put in place to ensure continuous operation 
of the [AES] HES;
"[11. Disabled-voters- a person with impaired capacity to use the AES;]
"im 16. Source code - human readabie instructions that define what 
the computING[ef] equipment wili do; and
"[iS] 17. Station- refers to a poiling piace, counting center, municipal or 
provincial canvassing center."
SEC. 5. Section 3 of Republic Act No. 8436, as amended, is hereby further 
amended to read as follows:
"SEC 3. Board of Election Inspectors. - THERE SHALL BE A BOARD OF 
ELECTION INSPECTORS, HEREINAFTER CALLED BEI, IN EVERY 
PRECINCT. IT SHALL BE COMPOSED OF THREE (3) REGULAR 
MEMBERS WHO SHALL CONDUCT THE VOTING, COUNTING, AND 
RECORDING OF VOTES IN THE POLLING PLACE. AS THE 
COMMISSION WILL DECIDE, THERE CAN BE ADDED TO THE 
REGULAR MEMBERS A SPECIAL MEMBER WHOSE FUNCTION 
WILL BE DISTINCT FROM THOSE OF THE REGULAR MEMBERS.
EACH BEI MEMBER MUST;
(a) BE A PERSON OF GOOD MORAL CHARACTER AND 
IRREPROACHABLE REPUTATION,
(b) BE A REGISTERED VOTER,
(C) HAS NEVER BEEN CONVICTED OF ANY ELECTION OFFENSE,
OR OF ANY CRIME PUNISHABLE BY MORE THAN SIX (6) 
MONTHS IMPRISONMENT,
(d) HAS NO PENDING CASE AGAINST HIM/HER FOR ANY 
ELECTION OFFENSE,
(e) BE NOT RELATED, NOR HIS/HER SPOUSE, WITHIN THE 
FOURTH CIVIL DEGREE OF CONSANGUINITY OR AFFINITY 
TO ANY OTHER MEMBER OF THE BEI, OR TO ANY CANDIDATE 
RUNNING IN THE ELECTION FOR WHICH HE/SHE IS TO BE 
DESIGNATED AS BEI.
FOR THE PURPOSES OF THE HES, THE SPECIAL MEMBER [Where 
AES shall be odopted7-at least one member] of the BEI [Board-of-Election 
Inspcc-tors] shali be an information technology-capable person, who is


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trained or certified by the [DOST] DICT to use the [AES] HES. Such 
certification shall be issued by the [DOST] DICT, free of charge."
THE SPECIAL MEMBER OF THE BEI SHALL ENJOY THE SAME 
RIGHTS AND BE BOUND BY THE SAME LIMITATIONS AND 
LIABILITIES OF A REGULAR MEMBER OF THE BEI BUT SHALL 
NOT VOTE DURING THE PROCEEDINGS OF THE BEI EXCEPT ON 
MATTERS PERTAINING TO HES ITSELF."
SECTION 6. A new Section 4 is hereby inserted into Republic Act No.8436 and 
all subsequent sections are hereby re-numbered.
"SEC. 4. DUTIES AND FUNCTIONS OF THE SPECIAL MEMBER OF 
THE BEI -
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DURING THE CONDUCT OF THE VOTING IN THE POLLING 
PLACE, THE FOURTH MEMBER SHALL:
(a) 
ACCOMPLISH THE MINUTES OF VOTING FOR THE 
HES IN THE PRECINCT;
(b) 
ENSURE THAT THE BALLOTS ARE PLACED INSIDE 
THE APPROPRIATE BALLOT BOX;
2. 
AT THE CLOSE OF POLLS, THE FOURTH MEMBER SHALL 
BRING THE BALLOT BOX CONTAINING THE BALLOTS TO THE 
DESIGNATED COUNTING CENTER;
3. 
BEFORE THE COUNTING OF THE VOTES, THE FOURTH 
MEMBER SHALL VERIFY IF THE NUMBER OF BALLOTS INSIDE 
THE APPROPRIATE BALLOT BOX TALLIES WITH THE DATA IN 
THE MINUTES OF THE VOTING;
4. 
HE/SHE WILL THEN ENSURE AND CERTIFY THAT THE 
COMPUTING EQUIPMENT HE/SHE WILL USE FOR THE 
COMPUTERIZED RECORDING OF THE VOTES TO BE READ BY 
THE BEI CHAIRMAN CONFORMS TO THE SPECIFICATIONS 
DEFINED BY THE COMMISSION FOR USE IN THE COUNTING OF 
THE VOTES AT THE PRECINCT LEVEL;
5. 
DURING THE COUNTING OF THE VOTES, THE FOURTH 
MEMBER SHALL ENCODE THE VOTES FOR EACH CANDIDATE AS 
READ BY THE BEI CHAIRMAN ON HIS/HER COMPUTING 
EQUIPMENT, AND PROJECT ON THE WALL OF THE COUNTING 
CENTER WHATEVER IS DISPLAYED ON THE MONITOR OF THAT 
EQUIPMENT.


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No
6. AT INTERVALS OF EVERY 100 BALLOTS READ, THE 
FOURTH MEMBER SHALL COMPARE HIS/HER RUNNING COUNT 
OF THE VOTES GARNERED BY EACH CANDIDATE ON HIS/HER 
COMPUTING EQUIPMENT WITH THE RUNNING COUNT OF 
ANOTHER BEI MEMBER WHO IS RECORDING THE SAME VOTES 
GARNERED ON THE PRINTED ELECTION RETURNS FORM. IF THE 
DIGITAL COUNT ON THE COMPUTING EQUIPMENT VARIES BY 
2% OR MORE FROM THE PRINTED ELECTION RETURNS FORM 
FOR ANY CANDIDATE, THE COUNTING WILL BE TEMPORARILY 
STOPPED AND THE DISCREPANCY CORRECTED BY A RECOUNT 
OF THE BALLOTS FOR THOSE CANDIDATES AFFECTED BY THE 
DISCREPANCY. THIS WILL BE NOTED IN THE MINUTES FOR THE 
PRECINCT, AND THE CORRECTED FIGURE WILL BE NOTED 
DOWN IN BOTH THE DIGITAL AND PRINTED ELECTION 
RETURNS, AFTER WHICH THE COUNTING WILL BE RESUMED.
AFTER THE COUNTING OF THE VOTES, THE FOURTH MEMBER 
SHALL ELECTRONICALLY LOCK IN THE RESULTS OF THE VOTE 
COUNT USING THE PROCEDURES THAT THE COMMISSION 
PRESCRIBES FOR THE HES IN USE AT THIS ELECTION TO 
PREVENT IT FROM ANY ALTERATION BY ANY PERSON AND 
ENTITY, INCLUDING ANY PERSON FROM THE COMMISSION. 
UPON LOCKING, THE FOURTH MEMBER SHALL ASSIST THE 
OTHER BEI MEMBERS TO AFFIX THEIR DIGITAL SIGNATURES 
ON THE ELECTION RESULTS, WHICH BECOMES THE OFFICIAL 
DIGITAL ELECTION RETURNS FOR THAT PARTICULAR 
PRECINCT.
SEC. 7. Original Section 4, now renumbered as Section 5, of Republic Act 
8436, as amended, is hereby amended to read as follows:
"SEC. [47] 5. BOARD OF CANVASSERS. - EACH PROVINCE, CITY, 
OR MUNICIPALITY SHALL HAVE ITS OWN BOARD OF 
CANVASSERS IN ACCORDANCE WITH SEC. 20 AND 21 OF 
REPUBLIC ACT NO. 6646.
[To implement the AES, each] EACH board of canvassers shall be 
assisted by an information technology-capable person authorized to 
operate the equipment adopted for the elections. The Commission shall 
deputize information technology personnel from among the agencies and 
instrumentalities of the government, including government-owned and 
controlled corporations. The per diem of the deputized personnel shall be 
the same as that of the members of the board of canvassers.


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SECTION 8. Original Section 5, now re-numbered as Section 6, of Republic 
Act No. 8436, as amended, is hereby further amended to read as follows:
" SEC. [St] 6. Authority to Use [an Automatcd Election System] the HES.
- To carry out the above-stated policy, the Commission on Elections, 
herein referred to as the Commission, is hereby authorized to use [aft 
automated election] A HYBRID election system or systems in the same 
election in different provinces. [, whether paper based or a-direct 
recording electronic election system as it may deem appropriate and
practical—for—the—process of—voting7—counting—of—votes—aftd
canvassing/consolidation aftd-transmittal of results of electoral processes
: Provided, that for the regular nationol and local election, which shall be
held immediately- aftoftcffcctivity of this Act, the AES shall be-used in at
Icast-two-highly urbanized cities and two provinces each in Luzon, Visayas
and Mindanao, to be chosen by the Commission: Provided, furthcr,-:Fhat
local government units whose officials have been the subject of
administrative charges within sixteen (16) month prior to the May 14,
2007 election shall not bo chosen: Provided, finally. That no area shall be
chosen without the consent of the Sanggunian of the local government
unit concerned. The term local government unit as used in this provision
shall refer to a highly urbanized city or province. In succeeding regular
national or local elections, the AES shall bo implemented nationwide.}
THE SYSTEM SHALL BE A COMBINATION OF PAPER-BASED 
MANUAL VOTING AND COUNTING OF VOTES AT PRECINCT 
LEVEL AND AUTOMATED/ELECTRONIC TRANSMISSION OF THE 
VOTING RESULTS, CANVASSING AND CONSOLIDATION OF 
VOTES; PROVIDED, THAT THE HYBRID ELECTION SYSTEM NEED 
NOT BE IMPLEMENTED FOR OVERSEAS VOTING."
SEC. 9. Original Section 6, now re-numbered as Section 7, of Republic Act No. 
8436, as amended, is hereby further amended to read as follows:
"SEC. [6t] 7. Minimum System Capabilities. - The [automated election 
system] HES must at least have the following functional capabilities:
(a) 
Adequate security against unauthorized access;
(b) 
Accuracy in recording [and reading of votes as well as in the 
tabulation,] DATA, MATHEMATICAL COMPUTATION, automated 
consolidation/canvassing, electronic transmission of election returns, and 
the digital storage of all the results;
(c) 
Error recovery in case of non-catastrophic failure of device;
(d) 
System integrity which ensures physical stability and functioning 
of the vote recording and counting[proccGs], ELECTRONIC


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TRANSMISSION, CANVASSING, AND CONSOLIDATION OF 
ELECTION RESULTS;
(e) -----Provision for vote verified paper audit trail;]
(E) System auditability which provides supporting documentation for 
verifying the correctness of reported election results;
(f) 
An election management system for preparing ballots and 
programs for use in the casting and manual counting of votes, and to 
ELECTRONICALLY consolidate, report and display election results in the 
shortest time possible;
(g) 
Accessibility to illiterates, senior citizens and mobility-impaired and 
[disabled] voters WITH DISABILITY;
(h) 
Vote tabulating and consolidating programs for elections, 
referend[ttffl]a, or plebiscites;
(I)------Accurate ballot counters;]
(I) Data retention provisions;
(i) 
[Provide] PROVISIONS for the safekeeping, storing and 
archiving of physical or paper [resource] AND DIGITAL RESOURCES 
used in the election process, INCLUDING THE USED BALLOTS;
(k) 
THE [yttfee] UTILIZATION [or] AND [generate] 
GENERATION OF official ballots as herein defined; and
(l) ------Provide the-voter a system of verification to find out whether or
not the machine has registered his choice; and]
(I) THE [Configure] CONFIGURATION OF access controls, SUCH AS 
DIGITAL AND/OR ELECTRONIC SIGNATURES, for sensitive system 
data and functions.
In the procurement of this system, the Commission shall develop and 
adopt an evaluation system to ascertain that the above minimum system 
capabilities are met. This evaluation system shall be developed with the 
assistance of the Advisory Council."
SEC. 10. Original Section 7, now re-numbered 8 of Republic Act No. 8436, as 
amended, is hereby further amended to read as follows:
"SEC. [7]8. Communication Channeis for Eiectronic Transmissions - [AH 
electronic transmissions by and - among--the-AES—and-its—related
components—shaH—utilize—secure—communication—channels—as
recommended by the Advisory Council to ensure authentication and
integrity of transmissions.]
ELECTRONIC TRANSMISSION WHICH IS DEFINED UNDER 
REPUBLIC ACT NO. 9369 AS CONVEYING DATA IN ELECTRONIC 
FORM FROM ONE LOCATION TO ANOTHER SHALL BE GUIDED BY 
THE FOLLOWING: ALL ELECTRONIC TRANSMISSION OF THE 
ELECTION RETURNS, CERTIFICATES OF CANVASS AND ITS


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SUPPORTING STATEMENTS, AND OTHER RELATED DOCUMENTS 
SHALL UTILIZE SECURE TRANSMISSION CHANNELS WITH THE 
FOLLOWING MINIMUM-SECURITY OBJECTIVES:
(A) 
STRONG AUTHENTICATION- EACH ENTITY IN THE 
COMMUNICATIONS CHANNEL MUST PROVE ITS IDENTITY TO 
THE OTHER BY DEMONSTRATING KNOWLEDGE OF A KEY 
ASSOCIATED WITH THE ENTITY WITHOUT REVEALING THE KEY 
ITSELF DURING THE PROTOCOL;
(B) MUTUAL ENTITY AUTHENTICATION;
(C) DATA ORIGIN AUTHENTICATION;
(D) DATA INTEGRITY;
(E) NON-REPUTATION OF ORIGIN;
(F) ANTI-REPLAY- AN ELECTION RETURN OR CERTIFICATE OF 
CANVASS ONCE PROCESSED CANNOT BE RESENT TO BE 
REPROCESSED AT A LATER TIME. IN CASE OF RE­
TRANSMISSION, THE BOARD OF CANVASSERS SHOULD 
AUTHENTICATE THEMSELVES TO THE RECEIVING COMPUTER, 
AND AUTHORIZE THE NON-PROCESSING OF THE PREVIOUS 
TRANSMISSION/S TO RECEIVE THE NEW TRANSMISSION. BOTH 
ELECTION RETURNS OR CERTIFICATES OF CANVASS OR ANY 
ELECTION RESULT SHALL BE KEPT IN THE SYSTEM FOR 
RECORD-KEEPING; AND
(G) AUDITABILITY OF TRANSMISSION POST-ELECTION- ALL 
RECORDS OF TRANSMISSION SAVED ON ALL THE SERVERS 
SHALL BE STORED AND COPIES FURNISHED IN THEIR 
ORIGINAL ENTIRELY TO THE JOINT CONGRESSIONAL 
OVERSIGHT COMMITTEE ON THE HYBRID ELECTION SYSTEM, 
THE DEPARTMENT OF INFORMATION AND TECHNOLOGY AND 
THE CITIZENS' ARM OFFICIALLY ACCREDITED BY THE 
COMMISSION TO CONDUCT THE UNOFFICIAL COUNT OF THE 
ELECTIONS. THE COMMISSION SHALL DIGITALLY SIGN SAID 
COPIES AND CERTIFY UNDER OATH AS TO ITS AUTHENTICITY 
AND INTEGRITY.
THE COMMISSION IS HEREBY AUTHORIZED TO PROCURE THE 
NECESSARY EQUIPMENT, FACILITIES, AND SERVICES FOR 
PUTTING UP THE ELECTRONIC TRANSMISSION SYSTEM IN 
ORDER TO EFFECTIVELY IMPLEMENT THE PROVISIONS OF THIS 
ACT.
THE AGGREGATOR FOR THE PURPOSE OF TRANSMISSION 
SHOULD NOT BE THE SAME AS THE SUPPLIER OF THE MACHINES 
USED FOR THE AUTOMATED ELECTION SYSTEM.


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SEC. 11. Original Sections 8,9,10,11,12 and 13, now re-numbered as Sections
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9,10,11,12,13 and 14, respectively, of Republic Act No. 8436, as amended, is hereby
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further amended to read as follows:
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"SEC. [8] 9. The Advisory Council. - The Commission shall create an
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Advisory Council, hereafter referred to as the Council, which shall be
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convened not later than eighteen (18) months prior to the next schedule
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electoral exercise, and deactivated six months after completion of
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canvassing. [:Provided, for purposes of the 2007 elections, the Advisory
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Council-shall be immediately convened within ten (10) days after the
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cffcctivity-of this Act."]
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The Council shall be composed of the following members, who must be
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registered Filipino voters, of known independence, competence and
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probity;
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(A) The [Chairman—of—the—Commission on—Information—aod
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Communications—Technology---- (CICT^] SECRETARY OF THE
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DEPARTMENT OF 
INFORMATION AND COMMUNICATIONS
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TECHNOLOGY (DICT) who shall act as the chairman of the council;
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(B) THE RESPECTIVE CHAIRPERSONS OF THE SENATE
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COMMITTEE ON 
ELECTORAL REFORMS AND PEOPLE'S
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PARTICIPATION AND THE HOUSE OF REPRESENTATIVES
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COMMITTEE ON SUFFRAGE AND ELECTORAL REFORMS WHO
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SHALL ACT AS EX OFFICIO MEMBERS;
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[B] (C) One member from the Department of Science and Technology
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(DOST);"
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[€] (D) One member from the Department of Education (DEPED);"
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[B] (E) One member representing the academe, to be selected by the
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chair of the Advisory Council from among the list of nominees submitted
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by the country's academic institutions. THE CHAIR OF THE ADVISORY
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COUNCIL SHALL INITIATE AND EXTEND THE INVITATION TO THE
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ACADEMIC INSTITUTIONS TO SEND THEIR NOMINEES FOR THIS
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POSITION."
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[E] (F) Three members representing ICT professional organizations to be
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selected by the chair of the Advisory Council from among the list of
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nominees submitted by Philippines-based ICT professional organizations.
37 
Nominees shall be individuals, at least one of whom shall be experienced
38 
in managing or implementing large-scale IT projects. THE CHAIR OF
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THE ADVISORY COUNCIL SHALL INITIATE THE INVITATION TO
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THESE ORGANIZATIONS TO SEND THEIR NOMINEES FOR THIS
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POSITION, PROVIDED THAT, OTHER ORGANIZATIONS THAT MAY
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NOT HAVE RECEIVED SIMILAR INVITATIONS ARE ALSO TO BE
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WELCOMED IN NOMINATING MEMBERS FOR THE SAME.
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[f=] (G) Two members representing non-governmental electoral reform 
organizations, to be selected by the chair of the Advisory Council from 
among the list of nominees submitted by the country's non-governmental 
electoral reform organizations.
THREE OBSERVERS, REPRESENTING THE ACCREDITED 
CITIZENS' ARM OF THE COMMISSION, THE DOMINANT 
MAJORITY PARTY AND THE MINORITY PARTY, AS DETERMINED 
BY THE COMMISSION DURING THE IMMEDIATELY PRECEDING 
ELECTION, SHALL BE INVITED DURING MEETINGS OF THE 
ADVISORY COUNCIL. THE OBSERVERS SHALL BE ALLOWED TO 
GATHER INFORMATION: PROVIDED, THAT THEY SHALL NOT 
DISRUPT OR OBSTRUCT THE PROCEEDINGS OF THE ADVISORY 
COUNCIL OR COUNTERMAND ITS DECISIONS.
A person who is affiliated with any political party or candidate for any 
national position, or is related to a candidate for any national position by 
affinity or consanguinity within the fourth civil degree, shall not be eligible 
for appointment or designation to the Advisory Council. Should any such 
situation arise at any time during the Incumbency of a member, the 
designation or appointment of that member, shall ipso facto be 
terminated.
Any member of the Advisory Council is prohibited from engaging, directly 
or indirectly, with any entity that advocates, markets, imports, produces 
or in any manner handles software, hardware or any equipment that may 
be used for election purposes for personal gain.
Any violation of the two immediately preceding paragraphs shall disqualify 
said member from the Advisory Council and shall be punishable as 
provided in this Act and shall be penalized in accordance with the Anti- 
Graft and Corrupt Practices Act and other related laws.
The council may avail itself of the expertise and services of resource 
person who are known independence, competence and probity, are non­
partisan, and do not possess any of the disqualifications applicable to a 
member of the Advisory Council as provided herein. The resource persons 
shall also be subject to the same prohibitions and penalties as the 
members of the Advisory Council.
The [commission on information and communications technology (CICT)]
DICT shall include in its annual appropriation the funds necessary to 
enable the Council to effectively perform its functions."
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"SEC. [9] 10. Functions of the Advisory Council. - The Council shall have 
the following functions:
1. Recommend the most appropriate, secure, applicable, and cost- 
effective technology to be applied in the [AES] HES, in whole and in 
part, at that specific point in time.
2. Participate as nonvoting members of the Bids and Awards Committee 
in the conduct of the bidding process for the [AES] HES. Members of 
the Advisory Council representing the ICT professional organizations 
are hereby excluded from participating in any manner in the Bids and 
Awards Committee.
3. Participate as nonvoting members of the steering committee tasked 
with the implementation of the [AES] HES. Members of the Advisory 
Council representing the ICT professional organizations are hereby 
excluded from participating in any manner in the steering committee.
4. Provided advice and assistance in the review of the systems planning, 
inception, development, testing, operationalization, and evaluation 
stages.
5. Provide advice and/or assistance in the identification, assessment and 
resolution of systems problems or inadequacies as may surface or 
resurface in the course of the bidding, acquisition, testing, 
operationalization, re-use, storage or disposition of the [AES] HES 
equipment and/or resources as the case may be.
6. Provide advice and/or assistance in the risk management of the [AES] 
HES especially when a contingency or disaster situation arises.
7. PROVIDE ADVICE AND/OR ASSISTANCE IN THE
ESTABLISHMENT, OPERATION AND MANAGEMENT OF THE 
COM ELEC PUBLIC WEBSITE TO MAKE IT ACCESSIBLE TO THE 
GENERAL PUBLIC WHILE ENSURING THE VERACITY AND 
SECURITY 
OF ALL 
INFORMATION BEING SHOWN,
ESPECIALLY THE RUNNING COLLATION OF ELECTION 
RETURNS 
DURING 
ELECTIONS, 
REFERENDA, OR
PLEBISCITES.
8. Prepare and submit a written report, which shall be submitted withing 
six months from the date of the election to the Oversight Committee, 
evaluating the use of the [AES] HES.
Nothing in the role of the Council or any outside intervention or influence 
shall be construed as an abdication or diminution of the Commission's 
authority and responsibility for the effective development, management 
and implementation of the [AES] HES and this Act.
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The Advisory Council shall be entitled to a just and reasonable amount of 
per diem allowances and/or honoraria to cover expenses of the services 
rendered chargeable against the budget of the Commission."
"SEC. [iO] 11. The Technical Evaluation Committee. - The Commission, 
in collaboration with the chairman of the Advisory Council, shall establish 
an independent technical evaluation committee, herein known as the 
Committee, composed of a representative each from the Commission, [tl=>e 
Commission on Information and Communications Technology-and] the
Department of Science and Technology (DOST) AND THE DEPARTMENT 
OF INFORMATION AND COMMUNICATIONS TECHNOLOGY 
(DICT) who shall act as Chairman of the Committee.
The Committee shall be immediately convened within ten (10) days after 
the effectivity of this Act."
"SEC. [Ti] 12. Functions of the Technical Evaluation Committee. - The 
Committee shall certify, through an established international certification 
entity to be chosen by the Commission from the recommendations of the 
Advisory Council, not later than three months before the date of the 
electoral exercises, categorically stating that the [AES] HES, including its 
hardware and software components, is operating properly, securely, and 
accurately, in accordance with the provisions of this Act based, among 
others, on the following documented results:
1. The successful conduct of a field-testing process followed by a mock 
election in one or more cities/municipalities;
2. The successful completion of audit on the accuracy, functionality, and 
security controls of the [AES] HES software;
3. The successful completion of a source code review, SHOULD THAT 
BE NECESSARY, AND THE ELECTRONIC TRANSMISSION, 
CONSOLIDATION/ CANVASSING SOFTWARE REVIEW;
4. A certification that [the,] IF A source code IS TO BE USED, THE 
SOURCE CODE is kept in escrow with the Bangko Sentral ng Pilipinas 
(BSP);
5. A certification that the source code reviewed [, if a source-code is to 
be used,] is one and the same as that used by the computing 
equipment; and
6. The development, provisioning, and operationalization of a continuity 
plan to cover risks to the [AES] HES at all points in the process, such 
that a failure of elections, whether at voting, counting or consolidation, 
may be avoided.
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[For purposes of the 2007 elections, the ccrtificotion shall bo done not
latcKhan eight weeks prior to the date of the clcctiensr
If the CommissiotT-dccidcs to proceed with the use of the AES without the
Committee's certifieat-iony-ft-must-submit its reason in writing-te--the
Ovefst9fit €emmittee>--no less-than thirty (30) days prior to thc-etectorai
exercise where the AES will be used.
The-Committee may avail itself of the expertise-end service of resource
persons who are of known independence, competence and-prebity, are no
partisan, and who do not possess any of the disqualification-applicable to
a member of the-Advisory Council as provided herein. The resource
persons shall also bo subject to the same prohibitions and penalties as the
members of the Advisory Council.
The Committee shall closely coordinate with the steering committee of the
Commission—tasked—with the—implomontation—of the AES—m—the
identification and agreement of the project deliverables and timelines,-and
in the-formulation of the acceptance criteria for each deliverable."]
" SEC. [H] 13. Procurement of Equipment and Materials. - To achieve the 
purpose of this Act, the Commission is authorized to procure, in 
accordance with existing laws, by purchase, lease, rent or other forms of 
acquisition, supplies, equipment, materials, software, facilities, and other 
service, from local or foreign sources free from taxes and import duties, 
subject to accounting and auditing rules and regulation. [With respect to 
the May 10, 2010 election and succeeding electoral exercises, the system
procured must-have-demonstrated capability-and been successfully used
In-a-pr-ior-electoral-exercise here or board. Participation in the 2007 pilot
cxer-eise shall-not be conclusive of the system's fitnessT1'] In determining 
the amount of any bid from a technology, software or equipment supplier, 
the cost to the government of its deployment and implementation shall be 
added to the bid price as integral thereto. The value of any alternative use 
to which such technology, software or equipment can be put for public 
use shall not be deducted from the original face value of the said bid.
NOTWITHSTANDING THE REQUIREMENT UNDER SECTION 
23.4.1.3 OF THE IMPLEMENTING RULES AND REGULATIONS OF 
REPUBLIC ACT NO. 9184, FOR THE SOLE PURPOSE OF 
PROCURING SUPPLIES, EQUIPMENT, MATERIALS, SOFTWARE, 
FACILITIES, AND OTHER HES SERVICES, UNDER THIS CODE, THE 
PROSPECTIVE BIDDER MUST EITHER:
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as
1) HAVE COMPLETED WITHIN THE PERIOD SPECIFIED IN THE 
INVITATION TO BID, A SINGLE LARGEST COMPLETED CONTRACT 
THAT IS SIMILAR TO THE CONTRACT TO BE BID, AND WHOSE 
VALUE, ADJUSTED TO CURRENT PRICES USING THE PHILIPPINE 
STATISTICS AUTHORITY CONSUMER PRICE INDICES, MUST AT 
LEAST BE FIFTY PERCENT (50%) OF THE APPROVED BUDGET OF 
CONTRACT; OR
2) 
HAVE PROVEN FINANCIAL, TECHNICAL, AND 
ORGANIZATIONAL CAPACITY TO CONDUCT SUCH EXERCISE.
THIS IS TO ENSURE THAT THE BIDDING AND PROCUREMENT 
SHALL NOT UNREASONABLY LIMIT COMPETITION AND 
INEQUITABLY BAR PARTICIPATION OF CAPABLE SUPPLIERS, 
MANUFACTURERS, DISTRIBUTORS, AND SERVICE PROVIDERS."
"SEC. [13] 14. Continuity Plan. - The [AES] HES shall be so designed to 
include a continuity plan in case of a systems breakdown or any such 
eventuality which shall result in the delay, obstruction or nonperformance 
of the electoral process. Activation of such continuity and contingency 
measures shail be undertaken in the presence of representatives of 
political parties and citizens' arm of the Commission who shall be notified 
by the election officer of such activation.
All political parties and part-lists shall be furnished copies of said continuity 
plan at their official addresses as submitted to the Commission. The list 
shall be published in at least two newspapers of national circulation and 
shall be posted at the public website of the Commission at least fifteen 
(15) days prior to the electoral activity concerned."
SEC. 12. New Sections 15 and 16 are hereby inserted into Republic Act No. 8436, 
amended, to read as follows, and all subsequent sections re-numbered accordingly:
"SEC. 15. CITIZENS' PARTICIPATION IN THE CONDUCT OF THE 
ELECTIONS - THE COMMISSION SHALL ENCOURAGE THE 
FORMATION OF NON-PARTISAN CITIZENS' GROUPS AS PEOPLE'S 
ORGANIZATIONS TO BE ACCREDITED AND EMPOWERED BY THE 
COMMISSION TO PERFORM THE FOLLOWING FUNCTIONS:
(1) TO CONDUCT A PARALLEL BUT UNOFFICIAL COUNT OF 
ELECTION RESULTS.
(2) TO OBSERVE AND REPORT TO THE COMMISSION ANY 
VIOLATION OF THIS ACT IN ANY AND ALL PARTS OF THE 
ELECTORAL PROCESS WHERE THE PUBLIC HAS A RIGHT TO 
OBSERVE THE IMPLEMENTATION OF THIS ACT, IN ORDER TO
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ENSURE THE TRANSPARENCY, VERACITY AND SECURITY OF THE 
ELECTORAL PROCESS.
TO RENDER ASSISTANCE TO VOTERS IN SUCH MATTERS AS 
REGISTERING TO VOTE, FINDING THEIR ASSIGNED PRECINCTS, 
ADVISING THEM ON THEIR CONDUCT AND BEHAVIOR WHEN 
VOTING, THEIR RIGHTS, PRIVILEGES AND RESPONSIBILITIES AS 
VOTERS, AND SUCH OTHER ASSISTANCE THAT THE COMMISSION 
MAY ASSIGN THEM TO PERFORM.
"SEC. 16. PUBLIC WEBSITE OF THE COMMISSION. - THE 
COMMISSION SHALL OPEN A NEW PAGE/S IN ITS EXISTING 
WEBSITE THAT WILL CONTAIN AND SHOW TO THE GENERAL 
PUBLIC THE ELECTORAL RETURNS AS THEY ARE 
ELECTRONICALLY TRANSMITTED TO ITS COMPUTER SERVERS. 
THESE ELECTORAL RETURNS ARE TO BE SHOWN INDIVIDUALLY 
AND INDICATE THEIR ORIGIN BY PRECINCT, BARANGAY, 
CITY/MUNICIPALITY, DISTRICT, PROVINCE, AND REGION. THEY 
SHOULD BE COMPLETELY SECURED FROM HACKING, 
ALTERATIONS, AND MANIPULATIONS, PROVIDED THAT, THE 
COMMISSION ITSELF CAN USE THESE ELECTION RETURNS TO 
CONSOLIDATE THE VOTING RESULTS INTO AN OFFICIAL 
CANVASS THAT CAN BE ALSO VIEWED BY THE GENERAL PUBLIC 
AS PART OF ITS DUTY TO MAKE THE ELECTIONS TRANSPARENT 
AND CREDIBLE."
SEC. 13. Section 14 of Republic Act No. 8436, as amended, is hereby further 
amended to read as follows:
"SEC. [44] 17. Examination and Testing of Equipment or Device of the 
[AES] HESf and Opening of the HES Source Code AND/OR SOFTWARE 
for Review. - The Commission shall allow the political parties and 
candidates or their representatives, the citizens' arms or their 
representatives to examine and test the equipment or devices to be used 
in the voting and counting on the day of the electoral exercise, before 
voting starts. Test ballots and test forms shall be provided by the 
Commission.
Immediately after the examination and testing of the equipment or 
devices, the parties and candidates or their representatives, the citizens' 
arms or their representatives, may submit a written comment to the 
election officer who shall immediately transmit it to the Commission for 
appropriate action.
16


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The election officer shall keep minutes of the testing, a copy of which
2 
shall be submitted to the Commission together with the minutes of voting.
3 
Once a[ft] [AES] HES technology is selected for implementation, the
4 
Commission shall promptly make the source code AND/OR THE
5 
SOFTWARE of that technology available and open to any interested
6 
political party or groups which may conduct their own review thereof,
7 
AND THENCE SUBMIT THEIR COMMENTS TO THE COMMISSION
8 
FOR APPROPRIATE ACTION.
9
10 
SEC. 14. Section 15 of Republic Act No. 8436, as amended, is hereby further
11 
amended to read as follows:
12
13 
"SEC. [45.] 18. Official Ballot - [The-Commission shall prcscribG the
14 
format of the clcetfonie display ond/or the size and form of the official
15 
ballot, which shall contain the titles of the position to be filled and/or the
16 
proposition to be-voted upon in an initiative, referendum or plebiscite.
17 
Where practicabICT-cIcctronic displays must be constructed to present the
18 
names of all candidates for the same position in the same page or screen,-
19 
otherwise, the electronic displays must be constructed to- present the
20 
entire ballot to the voter,-fn-a series of sequential pages, and to ensure
21 
that the voter sees-all of the ballot options on all pages before completing
22 
his or her vote and to allow the voter to review and change all ballot
23 
choices prior to -eempleting and casting his or her ballot. Under each
24 
position to be fiHed, the names of candidates shall be arranged
25 
alphabetically by surname and uniformly-indicated using the same type
26 
size. The maiden or-married name shall be listed in the official ballot, as
27 
preferred by the female candidate. Under each-proposition to-be-vote
28 
upon, the choices should be uniformly indicated using the same font and
29 
size.-The maiden or married name shall bo listed in the official ballot, as
30 
preferred by the -female-candidate. Under each proposition-to bo vote
31 
upon, the choices should be uniformly indicated using the same font and
32 
size."A fixed space whore the-chairman of the board of election inspector
33 
shall affix her/her signature to authenticate the official ballot-shall-be
34 
provided.] (A) BALLOTS FOR NATIONAL, LOCAL, AND
35 
BANGSAMORO AUTONOMOUS REGION ELECTIONS, WHETHER
36 
REGULAR OR SPECIAL, PLEBISCITES, INITIATIVES, REFERENDA,
37 
AND RECALL ELECTIONS SHALL BE PAPER-BASED, UNIFORM
38 
SIZED, AND SHALL BE PRESCRIBED BY THE COMMISSION,
39 
TAKING INTO ACCOUNT ENVIRONMENTAL CONSIDERATIONS,
40 
WITH A REASONABLE MINIMUM PAPER SIZE AND, AS FAR AS
41 
PRACTICABLE, USING ONLY RECYCLED PAPER. THEY SHALL BE
42 
PRINTED IN BLACK INK ON SECURITY PAPER WITH
43 
DISTINCTIVE, CLEAR, AND LEGIBLE WATERMARKS THAT WILL
44 
READILY DISTINGUISH THEM FROM ORDINARY PAPER. EACH
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BALLOT SHALL BEAR A SERIAL NUMBER AND A BAR CODE, 
WHICH CAN BE SCANNED FOR THE PURPOSE OF PROJECTING 
THE DIGITAL IMAGE OF THE BALLOT AND FOR ITS 
AUTHENTICATION. IT SHALL BEAR AT THE TOP MIDDLE 
PORTION THEREOF THE COAT-OF-ARMS OF THE REPUBLIC OF 
THE PHILIPPINES, THE WORD "OFFICIAL BALLOT", THE NAME OF 
THE CITY OR MUNICIPALITY AND PROVINCE IN WHICH THE 
ELECTION IS TO BEHELD, AND THE DATE OF THE ELECTION.
(B) THE OFFICIAL BALLOT SHALL BE SERIALLY NUMBERED AND 
SHALL BE DELIVERED TO, AND CORRESPOND TO, SPECIFIC 
PRECINCTS OR CLUSTER OF PRECINCTS, AS THE CASE MAY BE, 
WHICH SHALL HAVE CORRESPONDING AND EXCLUSIVE BALLOT 
IDENTIFICATION NUMBERS SEPARATE FROM THE SERIAL 
NUMBER OF THE INDIVIDUAL BALLOTS. FOR PURPOSES OF 
TRANSPARENCY, THE BALLOT IDENTIFICATION NUMBERS AND 
THE SERIAL NUMBER OF THE BALLOTS CORRESPONDING TO 
EACH PRECINCT OR CLUSTER OF PRECINCTS, AS THE CASE MAY 
BE, SHALL BE MADE AVAILABLE FOR VIEWING BY INTERESTED 
PARTIES ON THE PUBLIC WEBSITE OF THE COMMISSION AT 
LEAST FIVE (5) DAYS BEFORE THE ELECTIONS.
(C) 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 CONTAIN THE TITLES OF THE 
POSITIONS TO BE FILLED AND/OR THE POSITIONS TO BE VOTED 
UPON IN AN INITIATIVE, REFERENDUM, OR PLEBISCITE. UNDER 
EACH POSITION TO BE FILLED, THE NAMES OF CANDIDATES 
SHALL BE ARRANGED ALPHABETICALLY BY SURNAME AND 
UNIFORMLY INDICATED USING THE SAME TYPE SIZE. THE 
MAIDEN OR MARRIED NAME SHALL BE LISTED IN THE OFFICIAL 
BALLOT, AS PREFERRED BY THE FEMALE CANDIDATE. UNDER 
EACH PROPOSITION TO BE VOTED UPON, THE CHOICES SHOULD 
BE UNIFORMLY INDICATED USING THE SAME FONT AND SIZE. 
OPPOSITE THE NAME OF THE CANDIDATE OR THE PROPOSITION 
TO BE VOTED UPON, AS THE CASE MAY BE, SHALL BE A SQUARE 
OR RECTANGLE, ON WHICH THE VOTER WILL PLACE A SINGLE 
VERTICAL MARK TO REGISTER A VOTE FOR SUCH CANDIDATE OR 
PROPOSITION.
(E) A FIXED SPACE WHERE THE CHAIRMAN OF THE BEI SHALL 
AFFIX HER/HER SIGNATURE TO AUTHENTICATE THE OFFICIAL 
BALLOT SHALL BE PROVIDED.
["For this purpose, the CommiGGion shall set the dcadlinG for the filing of
ccrtificato of condidocy/petition of registration/manifestotion to participate
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in the election. Any person who files his ccrtificotc of candidacy within this
period Gholl only be considered as q condidotc at the-stort of the-eampoign
period for-which-he filed his certificote-of--candidacy: Provided, That,
unlowful acts or omissions opplicoble to o candidate shall effect-oniy-upon
that-start of the aforesaid compaign period: Provided, finally, Thot any
person holding a public appointive office or position, including active
members of the armed forces, and officers, and employees in government-
owned-or- controlled corporations, shell be considered ipso factor resigned
from his/her office and must vacate the same at the start of the day of
the filing of his/her-certification of candidaeyT
"Political parties may hold political conventions to nominote their official
candidate within thirty (30) days before the start of the period for filing
certiftc-ote of candidocy.]
(F) 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 
PERSONS WITH DISABILITIES AND BY PERSONS WHO ARE 
UNABLE TO READ OR WRITE ONLY. THE COMMISSION SHOULD 
USE OR ADOPT THE LATEST TECHNOLOGICAL AND ELECTRONIC 
DEVICES IN CONNECTION THEREWITH, AS TO ENABLE SUCH 
VOTERS TO CONFIRM THAT THE ACCOMPANYING PERSON 
TRULY ADHERED TO THE VOTER'S CHOICE OF CANDIDATES.
(G) [With respect to a paper-based election system, the] THE 
PRINTING OF THE official ballots shall be [printed] DONE by the 
National Printing Office and/or the Bangko Sentral ng Pilipinas [at the 
price com parable—with --that -of private printers under proper security
measures which the Commission shall adopt. The Commission may-contact
thc-5ervicc5-of-private printers upon certification-by the National Printing
OW\cq!Bangko -Sentro! ng Pilipinas thot it cannot meet the printing
requirements. Accredited political parties and deputized citizen's-arms-ef
the-Gemmission shall assign watchers in the printing, storage and
distfibution-ef—official ballots] USING THE PRINTING MACHINES 
THEY OWN, AND SHALL NOT BE CONTRACTED OUT OR 
OUTSOURCED TO ANY PRIVATE OR PUBLIC PERSON, ENTITY, OR 
AGENCY.
"(H) To prevent the use of fake ballots, the Commission through the 
Committee shall ensure that the necessary safeguards, such as, but not 
limited to, bar codes, holograms, color shifting ink, microprinting, are 
provided on the ballot.
"(I) The official ballots shall be printed and distributed to each 
city/municipality at the rate of one ballot for every registered voter with a 
provision of additional three ballots per precinct."
19


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SEC. 15. Section 21 of Republic Act No. 8436, as amended, is hereby further
2 
amended to read as follows:
3
4 
"SEC. [24] 24. Counting Procedure. -The Commission shall prescribe the
5 
EXACT manner and procedure of counting the votes under the
6 
[automated system] HES, BUT GENERALLY FOLLOWING THESE
7 
GUIDELINES:
8 
(1) THE CHAIRMAN OF THE BEI IN EACH PRECINCT READS THE
9 
BALLOT AND THE VOTE IS MANUALLY RECORDED INTO THE
10 
PRINTED ELECTION RETURNS FORM.
11 
(2) AT THE SAME TIME, USING A LAPTOP COMPUTER, A
12 
PARALLEL COUNT IS TO BE CONDUCTED, WHERE THE VOTE JUST
13 
READ BY THE CHAIRMAN OF THE BEI IS RECORDED INTO AN
14 
ELECTRONIC/DIGITAL ELECTION RETURN IN THE SAME FORMAT
15 
AS THE PRINTED ELECTION RETURNS, BY ADDING "1" TO THE
16 
VOTES GARNERED BY EACH CANDIDATE.
17 
(3) THIS ELECTRONIC/DIGITAL ELECTION RETURN IS TO BE
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PROJECTED ON A WALL OF THE COUNTING CENTER USING
19 
WHATEVER APPROPRIATE EQUIPMENT AND TECHNOLOGY IS
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AVAILABLE, IN THE SIGHT OF THE PUBLIC IN ATTENDANCE AT
21 
THE COUNTING, SO THAT THEY COULD ALL CLEARLY SEE THE
22 
RUNNING TOTAL VOTES OF EACH CANDIDATE ON THE BALLOT.
23 
(4) IF THERE IS A DISCREPANCY OF AT MOST TWO PERCENT
24 
(2%) OF THE TOTAL NUMBER OF VOTES CAST BETWEEN THE
25 
PRINTED ELECTION RETURNS AND THE ELECTRONIC/DIGITAL
26 
RETURNS, AN AUTOMATIC RECOUNT SHALL BE UNDERTAKEN
27 
FOR THAT POSITION ONLY; PROVIDED FURTHER, THAT THE
28 
COMMISSION SHALL DEPLOY SUFFICIENT NUMBER OF
29 
TECHNICAL PERSONNEL TO ASSIST THE ELECTORAL BOARD IN
30 
SUCH RECOUNT.
31 
(5) IT SHALL BE THE DUTY OF THE PUBLIC OBSERVING THE
32 
COUNTING OF THE BALLOTS, IN PARTICULAR THE ACCREDITED
33 
CITIZENS' GROUPS, TO POINT OUT TO THE BEI ANY OBSERVED
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ERRORS OR DISCREPANCIES THEY OBSERVE IN THE COUNTING.
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PROVIDED, THAT, IN NO INSTANCE, SHOULD THE PUBLIC
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DISRUPT OR CAUSE THE DISRUPTION OF THE PROCEEDINGS
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WITHIN THE PRECINCT OR COUNTING CENTER.
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(6) THE RECOUNT SHALL BE CONDUCTED BY ANOTHER
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READING OF THE RESPECTIVE VOTES GARNERED BY EACH
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CANDIDATE FOR THE POSITION IN QUESTION, 
BALLOT BY
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BALLOT. RECOUNTS LIKE THIS ARE TO BE RECORDED IN THE
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ELECTION RETURNS AS NEW RECORDINGS TO REPLACE THE OLD
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RECORDINGS.
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(7) FINALLY, TWELVE (12) COPIES EACH OF THE 
ELECTRONIC/DIGITAL AND THE PRINTED ELECTION RETURNS 
SHALL BE PRINTED, READY FOR DISTRIBUTION ACCORDING TO 
SECTION 18 OF THIS ACT."
SEC. 16. A new Section 25 is hereby inserted into Republic Act No. 8436, as 
amended, to read as follows, and all subsequent sections re-numbered accordingly:
"SECTION 25. LIVESTREAMING OR VIDEO RECORDING OF THE 
COUNTING. - THE COMMISSION SHALL ACCREDIT GROUPS WHO 
WISH TO LIVESTREAM OR RECORD A VIDEO OF THE MANUAL 
COUNTING OF VOTES AT THE PRECINCT LEVEL.
THE RECORDED VIDEO OR LIVESTREAM MAY BE USED AS 
EVIDENCE IN ELECTORAL PROTESTS.
NO PHOTO, RECORDED VIDEO, OR LIVESTREAM, WHETHER 
OFFICIAL OR UNOFFICIAL, TAKEN DURING ELECTION DAY OF 
ANY MEMBER OF THE BEI AND ANY OTHER PERSONNEL OF THE 
COMMISSION PERFORMING ELECTION DUTIES DURING 
ELECTION DAY SHALL BE USED TO DEFAME OR PUBLICLY SHAME 
SAID MEMBER OF THE BEI OR PERSONNEL OF THE COMMISSION 
IN SOCIAL MEDIA OR IN ANY OTHER PLATFORM, DIGITAL OR 
OTHERWISE. ANY VIOLATION OF THIS PARAGRAPH SHALL 
CONSTITUTE AS AN ELECTION OFFENSE UNDER THIS ACT AND 
SHALL BE PUNISHED IN ACCORDANCE WITH SECTION 264 OF 
B.P. 881, OTHERWISE KNOWN AS THE OMNIBUS ELECTION CODE 
OF THE PHILIPPINES (OEC)."
SEC. 17. Section 22 of Republic Act No. 8436, as amended, is hereby further 
amended to read as follows:
"SEC. [22] 26. Electronic Returns. - Each copy of the of the printed 
election returns UNDER THE HES shall bear appropriate control marks to 
determine the time and place of printing. Each copy shali be signed and 
thumbmarked by all the members of the board of election inspectors and 
the watchers present. If any member of the board of election inspectors 
present refuses to sign, the chairman of the board shail note the same in 
each copy of the election returns. The member of the board of election 
inspectors concerned refusing to sign shall be compelled to explain his or 
her refusal to do so. Failure to explain an unjustifiable refusal to sign in 
each copy of the election return by any member of the board of election 
inspectors shall be punishable as provided in this Act. The chairman of the 
board shali then publicly read and announce the total numbers of
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registered voters, the total number of voters who actually voted and the 
total numbers of votes obtained by each candidate based on the election 
returns AND WHETHER THERE IS A DISCREPANCY BETWEEN THE 
RESULTS OF THE DIGITALIZED ELECTION RETURNS AND THE 
PRINTED ELECTION RETURNS, AND THE DETAILS OF THE SAID 
DISCREPANCY, INCLUDING THE RESULT OF THE RECOUNT, IF 
ANY.
Thereafter, the copies of the PRINTED election returns shall be sealed 
and placed in the proper envelopes for distribution as follows:
A. In the election of president, vice-president, senators and party-list 
system;
1) The first copy shall be delivered to the city or municipal board of 
canvassers;
2) The second copy, to the congress, directed to the President of the 
Senate;
3) The third copy, to the commission;
4) The fourth copy, to the citizen's arm authorized by the Commission to 
conduct an unofficial count
5) The fifth copy, to the dominant majority party as determined by the 
Commission in accordance with law;
6) The six copy, to the dominant minority party as determined by the 
Commission in accordance with law; [aed]
7) The seventh copy shall be deposited inside the compartment of the 
ballot box for valid ballots^;
8) The eight copy to the Provincial Board of canvassers; AND 
[9)^he-ninth-to-the-eightcenth copies, shall be given to the ten (10)
accredited major national parties, excluding the dominant-major-ity-and
minority parties, in accordance with a voluntary agreement among them.-
If no such agreement is reached, the Commission shall decide which
parties-shall receive the copies on the basis of the criteria provided in
Section 26 of Republic Act No. 7166;
■10) Tho-ninctcenth-and twentieth copies-,-to the two 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 No. 7166;
44}] 9) The [twenty first to the twenty-fourth] NINTH TO THE 
TWELFTH copies, to national broadcast or print media entities as may be 
equitably determined by the Commission in view of propagating the copies 
to the widest extent possibleCt].
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[12) The twenty fifth and twenty-six copies, to local broadcost or print
medio entities-os may be equitably determined by the Commission in view
of propagating the copies to the widest extent possible; and
-13)-:Fhe twenty-seventh to the thirtieth copies, to the major citizen's arms,
including the accredited citizen's arm, and other non partisan groups or
organization enlisted by the Commission pursuant-to -Section 52(k) of
Batas Pambonsa Big. 881. Such citizens' arm, groups and organization may
use the four-eeftlfied-copios of election returns for the conduct of-citizens'-
quick counts at the local or national levels;]
B. In the election of local officials and members of the House of 
Representatives:
1) The First copy shall be delivered to the city or municipal board of 
canvassers;
2) The second copy, to the Commission;
3) The third copy, to the provincial board of canvassers;
4) The fourth copy, to the citizens' arm authorized by the Commission to 
conduct an unofficial count;
5) The fifth copy, to the dominant majority party as determined by the 
Commission in accordance with law;
6) The sixth copy, to the dominant minority party as determined by the 
Commission in accordance with law; and
7) The seventh copy shall be deposited inside the copy shall deposited 
inside the compartment of the ballot box for valid ballots.
8) The eight copy to be posted conspicuously on a wall within the premises 
of the polling place or counting center; AND
[9) The ninth to the eighteenth copies, shall be given to-the ten (10)
accredited major national parties, excluding the dominant-majofity-and
minority parties, in-accordance with a voluntary agreement among them:
If-ne-5uch agreement is reached, the Commission sholl decide which
parties shall receive the copies on the basis of the criteria provided in
Section 26 of Republic Act No. 7166;
■10) The nineteenth and twentieth copies shall be given to the two
accredited major local parties in accordance with a voluntary-agreement
among them. If no such agreement is reached, the Commission shall
decide whieh-partles-shall receive the-copies-on-the-basis of criteria
analogous to that provided in Section 26 of republic Act No. 7166;-
44)] 9) The [twenty-first to the twenty-fifth] NINTH TO THE TWELFTH 
copies, to national broadcast or print media entities as may be equitably 
determined by the Commission in view of propagating the copies to the 
widest extent possible[7].
[12) The twenty-sixth and twenty seventh copies, to local broadcast or
print media entities as may be equitably determined by the Commission in
view of propagoting the copies to the widest extent possibloj-and
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13) The twenty eighth to the thirtieth-eepics to the major citizens' arms,
including the accredited citizens' arm, and other non-portisan-groups-of
organEotion enlisted by the Commissiorv pursuont to section 52(k) of Botas
Pombonso Big. 88-l-.-Such citizens' arms, groups and organization may use
the five certified copies of election returns for the conduct of citizens' quick
counts at the local or national levels.]
Immediately after ALL the [eight copy] COPIES [is] ARE printed AND 
COMPLETED, the poll clerk shall announce [the posting of said copy] 
THAT THE RELEVANT COPIES FOR POSTING ARE BEING POSTED
on a wall within the premises of the polling place or counting center, which 
must be sufficiently lighted and accessible to the public. 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 such period, the 
chairman of the board of election inspectors shall detach the election 
returns from the wall and keep the same in his custody to be produced as 
may be requested by any voter for image or data capturing or for any 
lawful purpose as may be ordered by competent authority.
Within one hour after the printing AND COMPLETION of the DIGITAL 
election returns, the chairman of the board of election inspectors or any 
official authorized by the Commission shall, in the presence of watchers 
and representatives of the accredited citizens' arm, political 
parties/candidates, if any, electronically transmit THESE RETURNS [the 
precinct results] to the respective levels of board of canvassers, to the 
dominant majority and minority party, to the accredited citizen's arm, and 
to the Kapisanan ng mga Brodkaster ng Pilipinas (KBP) AND THE 
CENTRAL COMPUTER SERVERS OF THE COMMISSION FOR 
UPLOADING AND PUBLISHING INTO THE PUBLIC WEBSITE OF 
THE COMMISSION.
THE ELECTRONICALLY TRANSMITTED ELECTION RETURNS FROM 
THE PRECINCTS SHALL THEN BE CONSOLIDATED DIGITALLY/ 
ELECTRONICALLY INTO THE CITY/MUNICIPALITY CANVASS BY 
MEANS OF THE SYSTEM APPROVED BY COMMISSION FOR USE IN 
THAT ELECTION.
WITHIN ONE HOUR AFTER THE CONSOLIDATION IS COMPLETED 
for THE CITY/MUNICIPAL CANVASS, THE MBOC SHALL CAUSE 
THE ELECTRONIC TRANSMISSION OF THE CANVASSING 
RESULTS TO THE PROVINCIAL BOARD OF CANVASSERS, WHILE 
THE CBOC SHALL CAUSE THE ELECTRONIC TRANSMISSION OF 
THE CANVASSING RESULTS TO THE NATIONAL BOARD OF 
CANVASSERS. COPIES OF THE SAME ELECTRONIC
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CITY/MUNICIPAL CANVASS WILL ALSO BE TRANSMITTED TO 
THE DOMINANT MAJORITY AND MINORITY PARTY, THE 
ACCREDITED CITIZENS' COUNT, AND TO THE KAPISANAN NG 
MGA BRODKASTER NG PILIPINAS (KBP).
[The election results at the city/municipality-convassing centers sholl be
transmitted in the same monner by the election officer or any officiDi
authorized by the commission to the district or provincial canvassing
centers.]
The election returns transmitted electronically and digitally signed shall be 
considered as official election results and shall be used as the basis for the 
canvassing of votes and the proclamation of a candidate. PROVIDED, 
THAT IN CASE OF RECOUNT, AS PROVIDED UNDER SECTION 24 
HEREOF, THE MANUALLY ACCOMPLISHED PRINTED ELECTION 
RETURN SUBJECT OF THE RECOUNT SHALL BE CONSIDERED, 
ALONG WITH THE UNAFFECTED ELECTRONICALLY 
TRANSMITTED AND DIGITALLY SIGNED ELECTION RETURNS.
{"After the electronic results have-been transmitted additional copies not
to exceed thirty (30) may bo printed and given-to-requesting parties at
their own expense."j
SEC.18. Section 25 of Republic Act No. 8436, as amended, is hereby further 
amended to read as follows:
"SEC. [25] 29. Canvassing by Provincial, City, District and Municipal 
Boards of Canvassers. -
{-SEC. 25. Canvossing by Provincial, City, District and Municipal Boards of
Canvassers.—The-City or Municipal board of canvassers shall canvass the
votes for the president, vice-president, senators, and parties, organization
or coalitions participating under the party list system by consolidating the
elec-tronically transmitted results contained in the-data storage devices
used in the -printing of the election returns. Upon completion of the
canvass, it shall print the cortificate of canvass of votes for president, vice-
president, senators and members of the-House of-Representatives and
elec-tive provincial officials and thereafter, proclaim the elected city or
municipal officials, as the case may be.'The city board of canvassers of
eities-comprising one or more legislative districts shall canvass the votes
for—president,—vice-president,—senators,—members—of—the—House
Representatives and elective-city officials by-consolidating the certificates
of-canvass electronically transmitted-or the results contained in the data
storage- devices used in the pr-irtting of the election returns-.- Upon
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completion of the convass, the board shaH-pf-occdure-thc canvass of votes
for president, vice president, and Genotors-thereaftetvprQclaim-the-elected
members of-the House of Representatives and city officio Is.
"In the Metro Monila area/ eoch municipolity comprising-a-legislotive
district shell have q district boDrd of canvassers which sholl convoss the
votes for president, vice president, senotors, members-of-the-House-of
Representotivos ond elective municipol officiols by consolidoting the
electronically transmitted results or the results contained in the doto
storage devices used in the- printing of the-election-feturns. Upon
completion-of-^the-canvass, it shall produce the certificate of canvass of
votes for president, vice president-, and senators-and thereafter, proclaim
the elected members of the House Representatives and municipal officials.
"Each component municipality in a legislative district in the Metro Manila
arca-shall have a municipal board of canvassers which shall canvass the
votes for president, vice-president, senators, members of the house of
Representatives and elective municipal officials by consolidating the results
electronically transmitted from the counting centers or the results
contained in the data storage devices used in the printing of the election
returns. Upon-complction of the canvass, it shall prepare the certificate of
canvass of votes for president, vice-president, senators,-members- of- the
House of-Representatives and^thereafter, proclaim the elected municipal
offteials.
"The district board of canvassers of each legislative district comprising two
municipalities in the Metro Monila area shall canvass the votes for
president, vice president, senators and members of the House of
Representatives by-consolidating the certificates-of-canvass-eleetronically
transmitted from the city/municipal consolidating centers or the results
contained in the data storage devices submitted by the municipal board of
canvassers-of the component municipalities. Upon completion of the
canvass. It sholl produce a certificate of the canvass votes for president,
vice-president, senators and thereafter, procloim the elected members of
the-House of Representatives in the legislative district. 
-The-district/provincial boord of canvassers shall canvass the votes for
president,—vice president,—senators,—members—of—the—House—of
Representatives and elective provincial officials by consolidating the results
electronically transmitted from the city/municipal-consolidating centers or
the results contained-in the data storage devices submitted by the board
of canvassers of the-municipalities and component cities. Upon completion
of the canvoss, it shall produce the certificates of convoss votes for
president, vice-president and senators and thereafter, proclaim the elected
members of the House of Representatives and the provincial official.
"The municipal, city, district and provincial certificotes-of canvass of votes
sholl each be supported by a statement of votes.
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"Within one hour after the convossing, the Chairman of-the-distriet-of
provincial Board of Convassers or the city-board- of canvosscrs of those
cities which comprise one or more legislative districts shall electronically
transmit the ceftifieate of canvass to the commission sitting-as the national
board of canvassers for senators and party list representatives and to the
Congress as the National Board of Canvassers for the president and vice
president, directed to the President of the Senator
"The Commission shall adopt adequate and effective measures to preserve
the integrity of the certificates of canvass transmitted electronically and
the-results in the-storage devices at-the various levels oMhe boards of
canvassers.
"The -certificatcs-of canvass-transmitted electronically and digitally signed
shall be considere^d- os official election results and shall be used as the
basis-for the proclamation of a winning-candidate."]
THE CITY OR MUNICIPAL BOARD OF CANVASSERS SHALL 
CANVASS THE VOTES FOR THE PRESIDENT, VICE-PRESIDENT, 
SENATORS, PARTY-LIST, MEMBERS OF THE HOUSE OF 
REPRESENTATIVES, ELECTIVE REGIONAL OFFICIALS, IF 
APPLICABLE, ELECTIVE PROVINCIAL OFFICIALS, AND ELECTIVE 
CITY OR MUNICIPAL OFFICIALS, AS THE CASE MAY BE, BY 
CONSOLIDATING THE ELECTRONICALLY TRANSMITTED 
ELECTION RETURNS EMANATING FROM THE VOTING CENTERS 
WITHIN THE CITY OR MUNICIPALITY, AS THE CASE MAY BE, 
USING THE TECHNOLOGIES APPROVED BY THE COMMISSION 
FOR USE IN THIS ELECTION.
UPON COMPLETION OF THE CANVASS, IT SHALL 
ELECTRONICALLY PRINT AND COMPLETE THE CERTIFICATE OF 
CANVASS OF VOTES FOR PRESIDENT, VICE-PRESIDENT, 
SENATORS, PARTY-LIST, MEMBERS OF THE HOUSE OF 
REPRESENTATIVES, ELECTIVE REGIONAL OFFICIALS, IF 
APPLICABLE, AND ELECTIVE PROVINCIAL OFFICIALS, AND 
THEREAFTER, PROCLAIM THE ELECTED CITY OR MUNICIPAL 
OFFICIALS, AS THE CASE MAY BE.
FOR CITY BOARD OF CANVASSERS OF CITIES COMPRISING ONE 
OR MORE LEGISLATIVE DISTRICTS, IT SHALL ALSO PROCLAIM 
THE ELECTED MEMBERS OF THE HOUSE OF REPRESENTATIVES 
FOR SUCH DISTRICT OR DISTRICTS INCLUDED IT ITS 
JURISDICTION.
WITHIN ONE HOUR OF COMPLETION OF CANVASS, THE CITY 
BOARD OF CANVASSERS OF CITIES THAT ARE NOT
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PARTICIPATING IN THE ELECTION OF PROVINCIAL OFFICIALS 
SHALL ELECTRONICALLY TRANSMIT TO THE REGIONAL BOARD 
OF CANVASSERS, IF SUCH IS APPLICABLE, OR TO THE NATIONAL 
BOARD OF CANVASSERS, ITS DIGITALIZED CERTIFICATE OF 
CANVASS FOR CONSOLIDATION, WHILE THE BOARD OF 
CANVASSERS OF MUNICIPALITIES AND CITIES THAT ARE 
PARTICIPATING IN THE ELECTION OF PROVINCIAL OFFICIALS 
WILL ELECTRONICALLY TRANSMIT ITS DIGITALIZED 
CERTIFICATE OF CANVASS TO THE DISTRICT OR PROVINCIAL 
BOARD OF CANVASSERS, AS THE CASE MAY BE, FOR 
CONSOLIDATION.
THE DISTRICT/PROVINCIAL BOARD OF CANVASSERS SHALL 
CANVASS THE VOTES FOR PRESIDENT, VICE-PRESIDENT, 
SENATORS, PARTY-LIST, MEMBERS OF THE HOUSE OF 
REPRESENTATIVES, ELECTIVE PROVINCIAL OFFICIALS, AND, IF 
APPLICABLE, ELECTIVE REGIONAL OFFICIALS, BY 
CONSOLIDATING THE CANVASSING RESULTS ELECTRONICALLY 
TRANSMITTED FROM THE MUNICIPAL AND CITY 
CONSOLIDATING CENTERS, USING THE TECHNOLOGIES 
APPROVED FOR USE IN THE ELECTION BY THE COMMISSION.
UPON COMPLETION OF THE DISTRICT/PROVINCIAL CANVASS, 
IT SHALL PRODUCE THE CERTIFICATES OF CANVASS FOR 
PRESIDENT, VICE-PRESIDENT, SENATORS, PARTY-LIST, 
MEMBERS OF THE HOUSE OF REPRESENTATIVES, AND ELECTIVE 
REGIONAL OFFICIALS, IF APPLICABLE, AND THEREAFTER, 
PROCLAIM THE ELECTED MEMBERS OF THE HOUSE OF 
REPRESENTATIVES AND THE PROVINCIAL OFFICIALS.
WITHIN ONE HOUR AFTER THE COMPLETION OF CANVASS, THE 
DISTRICT/PROVINCIAL BOARD OF CANVASSERS SHALL 
ELECTRONICALLY TRANSMIT TO THE REGIONAL OR NATIONAL 
BOARD OF CANVASSERS, AS THE CASE MAY BE, ITS DIGITALIZED 
CERTIFICATE OF CANVASS FOR CONSOLIDATION.
THE REGIONAL BOARD OF CANVASSERS, IF SUCH BE 
APPLICABLE, SHALL CANVASS THE VOTES FOR PRESIDENT, 
VICE-PRESIDENT, SENATORS, PARTY-LIST, AND THE ELECTIVE 
REGIONAL OFFICIALS BY CONSOLIDATING THE DIGITALIZED 
CANVASSING RESULTS ELECTRONICALLY TRANSMITTED FROM 
THE PROVINCIAL AND THE CITY CANVASSING CENTERS, USING 
THE TECHNOLOGIES APPROVED FOR USE IN THAT ELECTION BY 
THE COMMISSION.
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UPON COMPLETION OF THE CANVASS, IT SHALL PRODUCE THE 
CERTIFICATES OF CANVASS FOR PRESIDENT, VICE-PRESIDENT, 
SENATORS, PARTY-LIST, AND THEREAFTER PROCLAIM THE 
ELECTED REGIONAL OFFICIALS.
WITHIN ONE HOUR OF COMPLETION OF CANVASS, IT SHALL 
ELECTRONICALLY TRANSMIT TO THE NATIONAL BOARD OF 
CANVASSERS ITS DIGITALIZED CERTIFICATE OF CANVASS FOR 
CONSOLIDATION.
THE MUNICIPAL, CITY, DISTRICT, PROVINCIAL, AND WHENEVER 
APPLICABLE, REGIONAL CERTIFICATES OF CANVASS OF VOTES 
SHALL BE SUPPORTED BY A STATEMENT OF VOTES ISSUED BY 
AND SIGNED FOR BY THEIR RESPECTIVE BOARDS OF 
CANVASSERS.
THE CHAIR AND MEMBERS OF THE COMMISSION, SITTING EN 
BANC, SHALL COMPRISE THE NATIONAL BOARD OF CANVASSERS 
FOR SENATORS AND THE PARTY-LIST. IT SHALL CONSOLIDATE 
THE CANVASSING RESULTS ELECTRONICALLY TRANSMITTED 
FROM THE CITY, PROVINCIAL AND REGIONAL, IF APPLICABLE, 
CONSOLIDATING CENTERS, USING THE TECHNOLOGIES 
APPROVED FOR USE IN THE ELECTION BY THE COMMISSION. 
UPON COMPLETION OF ITS CANVASS, IT SHALL PRODUCE THE 
CERTIFICATES OF CANVASS FOR SENATORS AND PARTY-LIST, 
AND THEREAFTER, PROCLAIM THE ELECTED MEMBERS OF THE 
SENATE AND PARTY-LIST.
THE CONGRESS, IN JOINT SESSION, SHALL SIT AS THE 
NATIONAL BOARD OF CANVASSERS FOR THE PRESIDENT AND 
VICE-PRESIDENT, WITH ALL CERTIFICATES OF CANVASS TO BE 
DIRECTED TO THE PRESIDENT OF THE SENATE AS HEAD OF THIS 
JOINT SESSION. IT SHALL CONSOLIDATE THE CANVASSING 
RESULTS ELECTRONICALLY TRANSMITTED FROM THE CITY, 
PROVINCIAL AND REGIONAL, IF APPLICABLE, CONSOLIDATING 
CENTERS, USING THE TECHNOLOGIES APPROVED FOR USE IN 
THE ELECTION BY THE COMMISSION. UPON COMPLETION OF ITS 
CANVASS, IT SHALL PRODUCE THE CERTIFICATES OF CANVASS 
FOR PRESIDENT AND VICE-PRESIDENT, AND THEREAFTER, 
PROCLAIM THE WINNING CANDIDATES.
THE COMMISSION SHALL ADOPT ADEQUATE AND EFFECTIVE 
MEASURES TO PRESERVE THE INTEGRITY OF THE CERTIFICATES
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OF CANVASS TRANSMITTED ELECTRONICALLY AND THE 
RESULTS IN THE STORAGE DEVICES, IF SUCH BE USED, AT THE 
VARIOUS LEVELS OF THE BOARDS OF CANVASSERS.
THE DIGITALIZED CERTIFICATES OF CANVASS TRANSMITTED 
ELECTRONICALLY AND DIGITALLY SIGNED BY THE RESPECTIVE 
MEMBERS OF THE BOARDS OF CANVASSERS SHALL BE 
CONSIDERED AS OFFICIAL ELECTION RESULTS AND SHALL BE 
USED AS THE BASIS FOR THE PROCLAMATION OF A WINNING 
CANDIDATE: PROVIDED, THAT IN CASE OF A RECOUNT AS 
PROVIDED HEREOF UNDER SECTION 16 OF THIS ACT, THE 
COMMISSION SHALL DEVISE A SYSTEM WHERE THE RESULTS 
REFLECTED IN SAID CERTIFICATE OF CANVASS WILL BE 
ADJUSTED BASED ON THE RESULTS OF THE RECOUNT WITHOUT, 
HOWEVER, CHANGING THE ENTRIES IN SUCH ELECTRONICALLY 
TRANSMITTED AND DIGITALLY SIGNED CERTIFICATE OF 
CANVASS."
SEC. 19. Section 26 of Republic Act No. 8436, as amended, is hereby further 
amended to read as follows:
"SEC. [26] 30. Number of Copies of Certificates of Canvass of Votes and 
their distribution. - (a) The certificates of canvass of votes UNDER THE 
HES, for president, vice-president, senators, members of the House of 
Representatives, parties, organization or coalitions participating under the 
party-list system, ELECTIVE REGIONAL OFFICIALS, and elective 
provincial officials shall be produced 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 of election results for president, vice-president, 
senators, members of the House of Representatives, parties, organization 
or coalitions participating under the party-list system and elective 
provincial officials;
(2) The second copy shall be sent to the Commission;
(3) The third copy shall be kept by the chairman of the board; and
(4) The fourth copy shall be given to the citizen arm designated by the 
Commission to conduct an unofficial count. It shall be the duty of the 
citizens' arm to furnish independent candidates' copies of the certificate of 
canvass at the expense of the requesting party.
(5) The fifth copy to Congress, directed to the President of Senate;
(6) The sixth copy to be posted on a wall within the premises of the 
canvassing center;
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(7) The seventh and eighth copies shall be given to the dominant majority 
and minority parties; AND
["(8) Thc-ninth to eighteenth copies shall -be- given to the ten (10)
accredited-major-notional parties, excluding the dominant majority and
minority parties, in accordance with a voluntary aqroement among them.
If no such agreement is reoched, the Commission shall-decide which
parties shall receive the copies on the-basis-of-the criteria provided in
Section 26 of Republic Act no. 7166;
"(9) The nineteenth and twentieth copies-shall-be given to the two
accredited major local parties in accordance with a-voluntory-agreement
omong 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 No. 7166;]
"[(iO)] (8) The [twenty-first-to the twenty-fifth] NINTH TO TWELFTH 
copies, to national broadcast or print media entities as may be equitably 
determined by the Commission in view of propagating the copies to the 
widest extent possible [t].
["(11) The twenty six and twenty seven copies, to local broadcast or print
metita-entities as may be equitably determined by the Commission-in-view
of-propagating the copies to the widest extent possible; and
"(12) The twenty eighth to the thirtieth copies, to the major citizens' arms,
including the accredited citizens' arm, and other non-partisan groups or
organizations enlisted by the commission pursuant to Section 52(k) of
Batas Pambansa Big. 881. Such citizens' orms, groups and organizotion
may use the three certified copies of election returns for the conduct of
eittzens-'-quick counts at the local or national levels;]
The board of canvassers shall furnish all other registered parties copies of 
the certificates of canvass at the expense of the requesting party.
(b) The certificates of canvass of votes for president, vice-president [aod], 
senators, parties, organization or coalitions participating under the party- 
list system AND ELECTIVE REGIONAL OFFICIALS shall be produced 
by the city boards of canvassers of cities comprising one or more legislative 
districts, by provincial boards of canvassers and by district boards of 
canvassers in the Metro Manila area, and other highly urbanized areas and 
distributed as follows:
(1) The first copy shall be sent to Congress , directed to the president of 
the Senate for use in the canvass of election results for president and vice- 
president;
(2) The second copy shall be sent to the Commission for use in the canvass 
of the election results for senators;
(3) The third copy shall be kept the chairman of the board; and
(4) The fourth copy shall be given to the citizens' arm designated by the 
Commission to conduct an unofficial count. It shall be the duty of the
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citizens' arm to furnish independent candidates copies of the certificate of 
canvass at the expense of the requesting party.
(5) The fifth copy to Congress, directed to the President of the Senate;
(6) The six copy to be posted on a wall within the premises of the 
canvassing center;
(7) The seventh and eight copies to the dominant majority and minority 
parties; AND
["(8) The ninth and tenth copies to two accredited major notional parties
representing the majority and minority, excluding the dominant majority
and minority parties, to be determined-by the Commission on the basis of
the criteria provided-in-Section 26 of Republic Act No. 7166;]
"[(9)] (8) The [eleventh to thirteenth] NINTH TO TWELFTH copies to 
broadcast media entities as may be equitably determined by the 
Commission in view of propagating the copies to the widest extent 
possible[; and],
["(10) The fourteenth copy-to another citizens' arm or in the absence
thereof, to a—non partison group or organization enlisted—by the
Commission pursuant to Section 52(k) of Batas Pambansa Big. 881-Such
citizens-erm or non partisan group or organization may use the copy of
election return for the conduct of citizens' quick counts at the local or
national levels. ]
The board of canvassers shall furnish all other registered parties copies of 
the certificate of canvass at the expense of the requesting party.
(c) The certificates of canvass printed AND COMPLETED by the 
REGIONAL, provincial, district, city or municipal boards of canvassers 
shall be signed and thumb marked by the chairman and members of the 
board and the principal watchers, if available. Thereafter, it shall be sealed 
and placed inside an envelope which shall likewise be properly sealed.
In all instances, where the board of Canvassers has the duty to furnish 
registered political parties with copies of the certificate of canvass, the 
pertinent election returns shall be attached thereto, where appropriate.
Immediately after the sixth copy and its supporting statement of votes are 
printed AND COMPLETED, the chairman of the board of canvassers shall 
announce the posting of said [prints] PRINTED AND COMPLETED 
COPIES on a wail within the premises of the canvassing center, which 
must be sufficiently lighted and accessible to the public. Any person may 
view or capture an image of the Certificates of Canvass or the supporting 
statement of votes 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 the posting. After such period, the chairman of the board of 
canvassers shall detach the [election return] CERTIFICATES OF
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CANVASS from the wall and keep the same in his custody to be produced 
as may be requested by any voter for image or data capturing or for any 
lawful purpose as may be ordered by competent authority."
SEC. 20. Sections 27, 28, and 29 of Republic Act No. 8436, as amended, are 
hereby deleted.
SEC. 21. Section 31 of Republic Act No. 8436, as amended, is hereby further 
amended to read as follows:
"SEC. [34] 32. Stakeholder education and training. - The Commission 
shall, not later than six months before the actual [automated] election 
exercise WHERE THE HES IS INTENDED TO BE USED, undertake a 
widespread stakeholder education and training program, through 
newspaper of general circulation, radio, television, SOCIAL MEDIA and 
other media forms, as well as through seminars, symposia, fora and other 
nontraditional means, to educate the public and fully inform the electorate 
about the [AES] HES and inculcate values on honest, peaceful, orderly 
and informed elections.
IN THIS FUNCTION, THE COMMISSION SHALL ENCOURAGE, 
EMPOWER AND ACCREDIT CITIZENS' GROUPS TO BE ITS 
OFFICIAL PARTNERS, IN ORDER TO REACH AS MANY OF THE 
FILIPINO NATION AS POSSIBLE.
[Such] THIS STAKEHOLDER EDUCATION AND TRAINING program 
shall ensure the acceptance and readiness of the following stakeholders 
to understand and appreciate the benefits of the [AES] HES:
1. General public/voters;
2. Commission's staff;
3. Department of Education, Department of Finance (municipal, city and 
provincial treasurers) and all other government agencies who will play a 
role in the electoral exercise;
4. Local government officials (provincial, municipal, barangay levels);
5. Incumbent elected officials in the legislative and executive departments;
6. Political parties and candidates;
7. Members of the military and police.
"The general public or voters training will focus on building the capability 
to use the [automated system] HES to cast their vote, as well as ITS 
general appreciation [of the AES]. All other stakeholders mentioned above 
will receive additional information in order to build a deeper understanding 
of the voting, counting, canvassing procedures, so that they may act NOT 
ONLY as advocates, BUT ALSO HELP TO SAFEGUARD THE 
INTEGRITY of the [AES] HES.
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["The Commission-together with and in support of occrcditcd citizens-
arms sholl corry out q continuing and systcmotic campaign-through
ncwspapcr-of general circulation,-radio and other media forms, as well as
through-seminars, symposior fora and other nontr-aditionol means to
cducote-thc-public and fully inform the electorate about the-AES-^artd
inculcate values on honest,-peaceful and orderly 0100^007"]"
SEC. 22. Section 33 of Republic Act No. 8436, as amended, is hereby amended 
further to read as follows:
"SEC. [33] 34. Joint Congressional Oversight Committee. - An JOINT 
CONGRESSIONAL Oversight Committee (JCOC) is hereby created 
composed of seven members each from the Senate and the House of 
Representatives, four of whom shall come from the majority and three 
from the minority, to monitor and evaluate the implementation of this Act.
A written report to the Senate and the House of Representatives shall be 
submitted by the Advisory Council within six months from the date of 
election. The [oversight committee] JCOC shall conduct a mandatory 
review of this Act every twelve (12) months from the date of the last 
regular national or local elections TO ASSESS ANS EVALUATE THE 
PERFORMANCE OF THE HES TECHNOLOGIES IMPLEMENTED AND 
SHALL MAKE APPROPRIATE RECOMMENDATIONS TO CONGRESS,
IN SESSION ASSEMBLED, THAT WILL FURTHER ENHANCE THE 
RELIABILITY, ACCURACY, SECURITY, AND TRANSPARENCY OF 
THE ELECTION RESULTS. ["'The oversight committee shall conduct a 
comprehensive- assessment and evaluation of thc-pcrformancc -of-the
different AES tcchnologics-implemcntcd and shall make oppropriatc
5cmblcd, specifically including
recommendations to Congress, in session a^
the following:
1. An assessment and comparison of each of the AES technologies utilfzedy
including thoir-strengths, weakness, applicability or inapplicability -in
specific areas and situations;
2. An evaluation ef their-aecuracy through a comparison of a random
sampie-of the AES election-results with a manual tabulation, and the
conduct of sisimilar tests;
3. As to the scope of AES implementation in the subsequent elections,-
provide for recommendations os to whether any of the-following-should
be adopted
"a. Further test application ef-thc AES or a particular AES technology used
in the 2007 elections, whcthcr- in the same or others areas/
"b. An increase or enlargement of areas for implementation of the AES or
on AES technology and not a full implementation; or
"c. A full implementation of the AES7
4. As to the kind of AES technology, provide for proposols as to whether;
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o) A particular AES technology should no longer be utilized for being
obsolete,- inopplicoblc, inaccurate or with o defect which cannot be
remedied;
b) An enhancement or improvement is needed to an AES tectinology which
wos used in the 2007 election to make it more functional, appropriate ond
aeetirate;
c) A particular AES technology is already appropriate and should be utilized
fully for subsequent election; or
d) The testing or adoption of now technologies which may have emerged
after the 2007 elections is needed.]
SEC. 23. Section 35 of Republic Act No. 8436, as amended, is hereby further 
amended to read as follows:
"SEC. [35] 36. Prohibited Acts and Penaities. - The following shall be 
penalized as provided in this Act, whether or not said acts affect the 
electoral process or results:
"(a) Utilizing without authorization, tampering with, damaging, destroying 
or stealing:
"(1) Official ballots, election returns, and certificates of canvass of votes 
used in the system; and
"(2) Electronic devices or their components, peripherals or supplies used 
in the [AES] HES [such as counting machine, memory pack/diskette, 
memory pack receiver and computer set];
"(b) Interfering with, impeding, absconding for purpose of gain, 
preventing the installation or use of computer [counting] devices and the 
processing, storage, generation and transmission of election results, data 
or information;
"(c) Gaining or causing access to using, altering, destroying or disclosing 
any computer data, program, system software, network, or any computer- 
related devices, facilities, hardware or equipment, whether classified or 
declassified;
"(d) Refusal of the citizens' arm to present for perusal its copy of election 
return to the board of canvassers;
"(e) Presentation by the citizens' arm of tampered or spurious election 
returns;
"(f) Refusal or failure to provide the dominant majority and dominant 
minority parties or the citizens" arm their copy of election returns; and 
"(g) The failure to post the voters' list within the specified time, duration 
and in the designated location shall constitute an election offense on the 
part the election officer concerned."
"Any person convicted for violation of this Act, except those convicted of 
the crime of electoral sabotage, shall be penalized with imprisonment of 
eight years and one day to twelve (12) years without possibility of parole.
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and perpetual disqualification to hold public office and deprivation of the 
right of suffrage. Moreover, the offender shall be perpetually disqualified 
to hold any non-elective public office."
SEC. 24. Appropriations. - Such amounts as may be necessary to implement 
this Act shall be included in the budget of the Commission in the next succeeding 
General Appropriations Act.
SEC. 25. Separabiiity Clause. - Should any portion of this Act be declared 
unconstitutional, the other provisions or parts not affected thereby shall remain valid 
and effective.
SEC. 26. Repealing Clause. - All laws, decrees, orders, and issuances, or 
portions thereof, which are inconsistent with the provisions of this Act, are hereby 
repealed, amended, or modified accordingly.
SEC. 27. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in two (2) newspapers of general circulation.
Approved,
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