THIRTEENTH CONGRESS OF THE REPUBLIC 
1 
OF THE PHILIPPINES 
First Regular Session 
Introduced by Senator Edgardo J. Angara 
EXPLANATORY NOTE 
Republic Act 8436 authorized the Commission on Elections to use an 
automated election system for voting, counting and canvassing of votes. In the 
law, a Counting Machine is defined as one which ”uses an optical 
scanning/mark-sense reading device or any similar advanced technology to 
count ballots”, otherwise known as an Optical Mark Reader (OMR) counting 
machine. 
When the OMR machines were first used for the counting of ballots in the 
elections in the Autonomous Region of Muslim Mindanao, the estimated cost for 
each ballot was pegged at P10 per ballot. However, each optically marked ballot 
is now estimated to cost around P25.00 each. With some 30 million voters in the 
Philippines this would amount to a P750 Million cost for ballots alone. 
This proposed amendment deletes the requirement of an Optical Mark 
Reader Counting Machine to truly given way to the meaning of “appropriate 
technology” in an automated election system. It also allows for the storage of 
election data via compact disc drives and compact discs. Finally, it authorizes the 
COMELEC to acquire the necessary materials by ”purchase, lease or otherwise” 
to allow for flexibility under budget constraints. 
For these foregoing reasons, the passage of this bill is earnestly sought. 
EDGARDO J. ANGARA 


. .  
-9 r; ;'! '7 
THIRTEENTH CONGRESS OF THE REPUBLIC 
1 
'[)4 
, i u r a  313 
I 
i t  
OF THE PHILIPPINE§ 
1 
First Regular Session 
1 
S E N A T E  
10 
S. No. 
Introduced by Senator Edgardo J. Angara 
AN ACT 
AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8436, 
OTHERWISE 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, PROVIDING FUNDS 
THEREFOR AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
1 
SECTION 1. Section 2 of Republic Act No. 8436 is hereby amended to read 
2 
asfollows: 
3 
"Section 2, Definition of Terms. - As used in this Act, the following terms 
4 
shallmean: 
5 
xxx 
6 
2. Counting machine - ANY machine OR TECHNOLOGY that 
7 
AUTOMATES THE DIFFERENT PHASES OF THE ELECTORAL PROCESS, 
8 
AND 
CAN 
HANDLE 
THE 
CASTING, 
COUNTING, 
9 
CANVASSING/ CONSOLIDATION 
AND 
TRANSMISSION 
OF 
VOTE§, 
10 
WHERE POSSIBLE [uses an optical scanning mark-sense reading device of any 
11 
similar advanced technology to count ballots]; 
12 
13 
3. Data storage device - a device OR MEDIUM used to electronically store counting 
and canvassing results, such as, BUT NOT LIMITED TO, memory pack, [or] diskette, 
14 
CDROMS, OPTICAL DISKS, OR ANY SIMILAR DEVICE; 


.
.
 
8 
9 
\ 
I T  
1 1. 
I2 
33 
14 
:I 5 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
1 
x x x  
5. Nalional ballot - refers lo tlie ballot [lo be used in the alitoiiialecf 
election syslem Tor the purposc! of the May l.1, I998 elrctions. rlllis shall] 
coritainING the iiatiim of llie candidates VOTED ON for TIIT;, I’OSITIONS 
OF president, vice-presidctit, scniilors and parties, orgci nizalions or 
coalilions participating under the parly-list system TNDICAYING TIIE 
crioIcEs OF rr1-m VOTER TO BE USED EITIIER FOR IYJRPOSES OF 
COUNTlNG OR AS PROOF OF VOTES ALREADY CAST; [This ballot 
shall be counted by the counting machine] 
6. Local ballot - relers to tlie ballot [on which the voler will 
Inanually write] CONTAINING the names of the candidales [or his/her 
choice] VOTED ON BY A VOTER FOR TI-IE POSITIONS OF [for] 
tiieni berS of the House of Representatives, governor, vice-governor, 
members of the provincial board, mayor, vice-mayor, and nienibers of the 
ciLy/niu nicipal council INDICATING TI-IE CHOICES OF TI-IH VOTER TO 
2311 USED EITI-IER FOR PURPOSES OF COUNTING OR AS PROOF OF 
VOTES ALREADY CAST; [For the purpose of the May 11, 1998 elections, 
[lie ballot will be counted manually] WHENEVER FEASIBLE, THE 
VOTES REFLECTED IN TI-IBSE BALLOTS MAY ATSO DE COUNTED 
USING TI-IE MACHINES; 
.
.
 
7. Board of Election Inspectors - there shall be a Board of Election 
Inspectors in every precint composed of Ihree (3) regular nielli bers who 
shall conduct the voting, counting and recording of votes in tlie polling 
13 1 ace. 
[For purpose of the May 31,1998 elections,] T[t]here shall be special 
members composed of a fourth member in each precint and a COMELEC 
representalive who is arrtliorizcd to operate the counting Innchine. Dot11 
‘I 


1 
sliall conduct the counting and recording of votes of the national ballots i n  
'
2
 
dcsigna Led COLI 11 tirig cen ters. 
3 
SIX. 2. Section 5 of I<epublic Act No. 8436 is hereby anienclerl lo read as 
4 
roiiows: 
.
.
 
\ 
"Section 5. ISoard of Canvassers. - [For purposes of h e  klay '11, 
1998 elections,] E[e]acli province, city or municipality shall have two (2) 
l5 
6 
7 
board of canvassers, one for the [manual elections syslein uncler the 
8 
exisling law] NATIONAL BALLOT, and tlie other, for the [automaled 
9 
system] LOCAL BALLOT. For the [automa Led system] NATIONAL 
10 
DALLOT, the chairman of the board shall be appointed by the 
1 :I 
Commission from among its personnel/deputies and the members from 
12 
the officials enumerated under Section 21 of Republic Act No. 6646. 
'I 3 
SEC, 3. Section 6 of Republic Act No. 8436 is hereby arneiided to read as 
14 
follows: 
15 
"Section 6. Authority to use an automated elections system. - To 
16 
17 
carry out the above-stated policy, the Commission on Elections, herein 
referred to as tlie Commission, is hereby authorized to use an automated 
18 
elections. system, hereinafter referred to as tlie Sys tem, for Uie process of 
19 
voting, 
counting 
of 
votes 
and 
canvassing/consolida tion 
AND 
20 
TRANSMISSION OF results of tlie natioiial and local elections, WHERE 
21 
FEASIBLE[: Provided, however, That for the May 11, 1998 elections, the 
22 
\ 
Syslem shall be applicable in all areas wittiin the country only for the 
positions of president, vice-president, senators and parties, organizations 
or coalitions participating under the party-list system.] 
.
.
 
2? 
24 
25 
26 
27 
To achieve the purpose of this Act, Uie Commission is authorized to 
procure by purchase, lease or otherwise any supplies, equipment, 
matCriaIs and services neecled for the holding of the electiorls by an 
2 


\ 
’I 
2 
3 
4 
5 
6 
7 
I 
a 
9 
’I 0 
-1 1 
12 
13 
34 
15 
16 
’I 7 
lir 
I 
19 
20 
21 
22 
23 
24 
25 
26 
27 
expedited process of public bidding by vendorsf suppliers or lessors: 
Provided, That llic accixxlild po1i:ical parties are duly notified of and 
a~owed’to 
observe but not participate in the tickling. If, insyite of [its] 
diligent efforts to inipleiiient this inandale in the exercise of his aiiIIiorily, 
i t  [iecoiiies evidenl [by Fehriiary c)/ l998] [hat 6hc Coiiilnissioii ciiiinol fdly 
iniplcincnt the auloiiiatect election sysleiii [for national psilions in [lie 
May -11) 1998 elec Lions,] TI-IE COMMISSION IS HEREBY AUTI-IORIZED 
.
.
 
TO DETERMINE WIIERE TO IhiIPLEh1ENT TI IE SYSTEM TI IROUGT: I 
MODULAR APPROACI-I ON A PI IASE BY PI-IASE BASTS, INCLUDING 
TITI1 OPTION OF IhlPLEhIENTING IT ON A MANUAL 13ASIS El [lie 
elections for both national and local positions, shall be done nianually. 
except in the Autonomous Region in Muslim Minclanao (ARMM) where 
the automated elections system shall be used for all positions]”. 
Sec. 4. Section 7 of Republic Act N u .  8436 is hereby amended to read as 
follows: 
”Sec. 7. Features of the system. - The system sliall utilize 
appropriale lecliiiology for voting, and electronic devices for counting of 
voles and canvassing of results. For this purpose, the Comriiission shall 
acquire BY PURCI-IASE, LEASE OR OTI-IERWISE automated counting 
niacliinesl computer equipment, devices and materials and adopt new 
forms and printing ma terials WHENEVER NECESSARY. 
The System shall contain the following features: (a) use of 
a p 13 ro p ria le ba I1 o ls, PREFERABLY MADE FROM LOCALLY PRODUCED 
PAPER, (b) stand-alone macliine which can count voles and an automated 
syskni which can STOIIH, consof itiale [Ihe] AND. EXPEU~~IOUSLY 
PRINT ELECTION resulls [immedlalely], (c) with provisiolls for audit 
t ra i Is, 
((1) 
rn in i 111 uin 
11 uiii a n 
in terven tion, 
[a rid J 
(e) a d eq 11 a le 
3 


'I 
2 
3 
4 
5 
6 
7 
8 
9 
1.0 
' 
' 
11 
12 
-1 3; 
I 
14 
15 
16 
17 
18 
19 
20 
23 
22 
23 
24 
25 
26 
27 
safeguarcl/security nieasures, AND (I;) MUST U13 ABLE 7'0 
IlE'L'EC'l' 
FAKE, COUNTfiIWXT AND 1"ZVlOUSLY COUNTED UALLOL'S. 
[In addition, the System shall, as far as practicable, have Ihr! 
fol lowing fea hires: 
1. It niusl be user-friendly and need not require conipi~ler-literale 
opera tors; 
2. TIW inacliine security must be built-in atid tiiulti-layer existent on 
hard ware and software with miniilium liunian intervention using the 
latest technology, like encrypted coding system; 
3. The security' key control must be eiiibedded inside tlie ri;aciiine 
sealed against human intervention; 
4. The Optical Mark Reader (OMR) must have a built-in printer for 
numbering the counted ballots and also for printing the individual precint 
number on Lhe couwted ballots; 
5. Tlie ballot paper for the OMR counting machines must be of the 
quality ilia t passed the international standard like ISO-1831, JIS-X-9004 or 
its equivalent for optical character recognition; 
6. The ballot feeder must be automatic; 
7. The machine must be able to count from 100 lo 150 ballots per 
ni in u Le; 
8. Tlie counling machine must be able to detect fake or counterfeit 
ballots and must have a fake ballot rejector; 
9. The counting machine must be able to detect and reject 
previously counted ballots to prevent duplication; 
10. Tlie counting machine must have the capability to recognize the 
ballot's individual yrecint and city or niunicipalily before counling or 
consolida ling tlie voles; 
.
.
 
4 
~~ 


7 
8 
I 
B 
10 
1 l 
12 
13 
'I 4 
1 5 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
\ 
1'1. The System must have a printer that lias the capacity to print in 
one stroke or opcraliori seveti (7) copies (original plus six (6) copies) of the 
coiisolidalecl reports on carbonless p p r ;  
12. The printer must have at least 128 kilobytes of Random Access 
Mciiiory (RAM)] to facililak tile expeditious processing of the printing of 
tlie consolida Led reports; 
13. The machine must have a built-in floppy disk drive in order to 
save the processed data on a diskette; 
14. The machine must have also a built-in hard disk to store the 
counted and consolidated data for future printout and verification; 
15. The counting iiiidiine must be teniyerature-resistaiit atid 
r us 1 proof; 
16. Tlie optical lens of the OMR must have a self-cleaning device; 
17. The machine must nok be capable of being connected Lo external 
cotiipu ter peripherals for the process of vo Le consolida tion; 
18. Tlie machine must have an Uninterrupted Power Supply (UPS); 
19. Tlie machine must be accompanied with operating manuals that 
will guide the personnel of the Commission the proper use and 
maintenance of the machine; 
20. It must be so designed and built that add-ons may immediately 
be incorporated into the System at ininimum expense; 
21. It must provide the shortest time needed to complete the 
counting of votes and canvassing of llie results of the election; 
22. The machine must be able to generate consolidated reports like 
!.he lection return, slatenient of votes and certificate of canvass at different 
levels; and, 
5 


-1 
2 
3 
i 
1 4  
5 
G 
7 
8 
9 
10 
1 -1 
'I 2 
13 
14 
15 
16 
17 
3.8 
19 
20 
21 
i 
2T 
23 
24 
25 
26 
27 
23. Tlie accuracy of tlie count must be guaranteed, the iiiargin of 
error must be disclosed a i d  backed by warranty under such terms and 
conditions, as niay be determined by the Comniission.] 
In the procurement of this system, the Conmission shall, [adopt an 
cqriilat~lc syslern of' clcclricliotis or rlc~nerils for tievialions or cleficieiicies] i i i  
nieeling all the above stated features and standards, ENSURE TIIAT T I E  
PROVISIONS OF REPUBLIC ACT NO. 9184 ARE FAITHFULLY COMPLIED 
w ITI-I. 
x x x  
Section 5. Section 11 of Republic Act No. 8436 is hereby ariiended as 
roiiows: 
"Section 11, Official Ballot, - The Commission shall prescribe llie 
size and form of the official ballot, which shall contain the [titles of the 
positions to be filled] NAMES AND POSITIONS OF THE CANDIDATES 
THAT HAVE BEEN VOTED UPON, and/or the propositions to be voted 
upon in an initiative, referendum or plebiscite. [Under each position,] 
T[t]he names of 
candidales VOTED UPON shall be arranged 
[alphabetically by surname and] ACCORDING TO POSITION, FROM 
PRESIDENT, VICE-PRESIDENT, SENATORS AND PARTY-LIST FOR 
NATIONAL ELECTIONS, TO MEMBERS OF TI-IE HOUSE OF 
REPRESENTATIVES, GOVERNOR, VICE-GOVERNOR, PROVINCIAL 
COUNCIL FOR LOCAL ELECTIONS uniformly printed using the same 
type size. A fixed. space where the chairman of Lhe Board oC Eleclions 
Inspeclors shall aflix his/her signature to authenticate the official ballot 
shall be provided. 
Sec. 6. If any provision of this Act is held unconslilulional or invalid, all 
ollier provisions not affected thereby shall remain valid. 


. 
*
\
 
c 
;' 
1 
2 
inconsistent with his Act are hereby ariienderl or niodifiecl accordingly. 
3 
Sec. 8. This Act sliall taltc effect fifteen days after ils publication in at least 
4 
two (2) newspapers of general circulation. 
5 
A pp roved, 
6 
.
.
 
7