Republic of the Philippines ff,
HOUSE OF REPRESENTATIVES /
Quezon City & =

FIFTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO.,

Introduced by BAYAN MUNA Representatives
NERI JAVIER COLMENARES and TEDDY A. CASINO

AN ACT
AMENDING SECTION 6 OF REPUBLIC ACT NO. 8436, ALSO KNOWN AS.

"AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO USE AN AUTOMATED
ELECTION SYSTEM IN THE MAY 11, 1998 NATIONAL OR LOCAL ELECTIONS AND IN
SUBSEQUENT NATIONAL AND LOCAL ELECTORAL EXERCISES," AS AMENDED BY

REPUBLIC ACT NO. 9369, ON THE MINIMUM SYSTEM CAPABILITIES OF THE
AUTOMATED ELECTION SYSTEM.

EXPLANATORY NOTE

Amendment to the Automated Elections System (AES) is not tantamount to questioning the results of the
May 2010 Automated Elections. It is instead aimed at improving the technology that will ensure the
protection and sanctity of the ballots.

‘The AES was instituted for the purpose of eliminating clerical errors or errors involving human
intervention, of hastening the canvassing of yotes and of eliminating widespread cheating that usually
occur during the long process of counting votes. However, the first automated elections was marred with
numerous protests due to irregularities and anomalies that arose during election day. One major issue is
the technology behind the SMARTMATIC - PCOS machines which has yet to be reviewed, even with the
next automated elections fast approaching.

While it seems distant for the 2010 AES election issues to be concluded immediately, it is worthwhile to
consider recommendations and suggestions from authorities or mandated bodies such as the COMELEC
‘Advisory Council to rectify imperfections and deficiencies in the system as itis likely that issues in the
previous elections may end up superseded by subsequent electoral issues. RA 8346 particularly states the
function of the Advisory Council to “Recommend the most appropriate, secure, applicable and cost-
effective technology to be applied in the AES, in whole or in part, at that specific form in time.”

Ina resolution by the COMELEC Advisory Council (CAC) for the 2013 National and Local Elections,
the use of Optical Mark Reader (OMR) technology was recommended for the following reasons:
“1, Use of OMR machines will be casier for the BEIs to use;
2. Makes voters education easier,
3. Use of paper-based ballots assures higher auditability;


4, Proven technology;
5. Public acceptance of the technology;

“subject to the following recommended features:
Standard and verifiable digital signatures for the machines and personnel;
Accurate, reliable and preferably universal time stamps;
Appropriately secured machine access facilities (e.g. ports, interfaces)
Availability of on-screen voter verification of his/her vote;
‘Scanner should store the raw scanned data and provide ballot authentication feature;
‘Machine printouts should be preserved and have a life span of six (6) years;
Printouts should have serial numbers, time stamps and unique machine identifiable features,
such as MAC address;
8. Technology process should be render-able to voters’ education materials;
9. Source code and circuit schematics should be open for review;
10. Audit logs should be available;
11, Forensics of the hardware as part of the process of qualifying the technology provider;
12, For any purchase, consideration be given by COMELEC to:
a. Cost of storage
b. Facility for storage
c. Reliability of hardware over time
d. Cost of money”

Nayvaepr

Manual elections have ways for checks and balances resorting to ballot recount to validate the winning.
candidates. But this unfortunately takes years before it can be resolved, if it ever does, especially among,
the highest elective positions. In an automated elections, there must be a way to protect the right of the
Filipinos to their votes which will need the expertise of Filipino ITs and those who are equipped and
mandated to study and give recommendations on matters pertaining to automated elections.

This house bill, which also counterparts the bill of Sen. Mirriam Defensor-Santiago, seeks to
electronically ensure the sanctity of the ballots, through a technology that is transparent, secure, auditable
and fit for the Philippine scenario ~a mechanism that guards against electronic cheating,

Hence, the approval of this bill is earnestly sought.

TEDDY A. CASINO
Bayan Muna Party List



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

HOUSE BILLNO,_U204

Introduced by BAYAN MUNA Representatives
NERI JAVIER COLMENARES and TEDDY A. CASINO.

AN ACT
AMENDING SECTION 6 OF REPUBLIC ACT NO. 8436, ALSO KNOWN AS-

"AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO USE AN AUTOMATED.
ELECTION SYSTEM IN THE MAY 11, 1998 NATIONAL OR LOCAL ELECTIONS AND IN
SUBSEQUENT NATIONAL AND LOCAL ELECTORAL EXERCISES," AS AMENDED BY

REPUBLIC ACT NO. 9369, ON THE MINIMUM SYSTEM CAPABILITIES OF THE
AUTOMATED ELECTION SYSTEM

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Section 6 of Republic Act No. 8436, as amended by Republic Act No. 9369, is hereby
amended to read as follows:

"SEC. 6. Minimum System Capabilities. - The automated election system 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 111 the tabulation, consolidation!
canvassing, electronic transmission, and storage of results;

(©) 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 process;

(©) [Provision for voter verified paper audit trail) PROVIDE THE VOTER A SYSTEM OF
VERIFICATION TO FIND OUT WHETHER OR NOT THE MACHINE HAS REGISTERED
HIS CHOICE, USING ONE OR MORE OF THE FOLLOWING ESTABLISHED VOTER
VERIFICATION PROCEDURES:

(i) VOTER VERIFIED PAPER AUDIT TRAIL (VVP AT)
(ii) VOTER VERIFIED VIDEO AUDIT TRAIL (VVVAT)


(iii) VOTER VERIFIED AUDIO AUDIT TRAIL (VV AAT)
(iv) VOTER VERIFIED BRAILLE AUDIT TRAIL

(f) System auditability which provides supporting documentation for verifying the correctness of
reported election results;

(g) An election management system for preparing ballots and programs for use in the casting and
counting of votes and to consolidate, report and display election result in the shortest possible
time;

(h) Accessibility and being friendly to persons with disabilities (PWDs);

(®) Vote tabulating program for election, referendum or plebiscit
(}) Accurate ballot counters;
(k) Data retention provision;

(D Provide for the safekeeping, storing and archiving of physical or paper resource used in the
election process;

(m) Utilize or generate official ballots as herein defined;

(n) Provide the voter a system of verification to find out whether or not the machine has
registered his choice; and}

(0) Configure access control for sensitive system data and function;

(P) PROVIDE A FEATURE THAT WILL ALLOW VERIFICATION IF THE SOFTWARE
INSTALLED IN ANY COMPONENT OF THE AES IS ONE AND THE SAME AS THAT
HELD IN ESCROW WITH THE BANGKO SENTRAL NG PILIPINAS. THE VERIFICATION
CODE SHALL BE PRINTED OUT AND COPIES OF THE PRINTOUT SHALL BE POSTED
ON THE DOOR AND WALL OF THE PRECINCT/ CANVASSING CENTER. THE
VERIFICATION SHOULD BE PART OF THE INITIALIZATION PROCEDURE EXECUTED
BY THE BE! OR BOC;

(Q PROVIDE THE CAPABILITY OF DIGITAL SIGNING OF ALL SOFT COPY
DOCUMENTS (ER, COC, SOV, ETC) USING COMPUTER-INDUSTRY-STANDARD
SECURE PRIVATE-PUBLIC KEY CRYPTOSYSTEM THAT UTILIZES ESTABLISHED
CERTIFICATE AUTHORITIES OR DTI-ACCREDITED CERTIFICATE AUTHORITY; AND

(R) PROVIDE THE CAPABILITY OF DIGITAL SIGNING OF ALL SOFTCOPY
DOCUMENTS USING SIGNING HARDWARE THAT DOES NOT COMPROMISE THE.
PRIVATE KEY OF THE SIGNER, SUCH AS BY EMPLOYING PROCESSOR SMART
CARDS FOR EACH SIGNER AND PROCESSOR SMART CARD READERS FOR EACH
COMPUTER EQUIPMENT.

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 an advisory council. THE COMMISSION IS REQUIRED TO
PROCURE COMPUTER HARDWARE AND SOFTWARE SYSTEMS THAT INCLUDE ALL
OF THESE CAPABILITIES.”



SECTION 2. Repealing Clause. - Any law, presidential decree or issuance, executive order, letter of
instruction, administrative order, rule or regulation contrary to, or inconsistent with, the provisions of this
Act is hereby repealed, modified or amended accordingly.

SECTION 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after its publication in at
Teast two (2) newspapers of general circulation.

Approved,