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6 UAR 15 P
C
~
 
SENATE 
EWfVED BY : 
2233. 
THIRTEENTH CONGRESS OF 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
S. No. 
(In substitution of S. Nos. 1069, 1371, and 1859 
Prepared by the Committee on Constitutional Amendments, Revision of Codes and Laws, 
with Senators Angara, Recto, Gotdon and the members of the Committee as authom 
AN ACT 
AMENDING REPUBLIC ACT NO. 8436, ENTITLED "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: 
SECTION 1. Section 1 of Republic Act No. 8436 is hereby amended to read as follows: 
"Section I, 
Dedaration of Policy - It is the policy of the State to ensure free, orderly, 
honest, peaceful and credible Ielections, and] ELECTORAL EXERCISES, USING AN 
AUTOMATED ELECTION SYSTEM IN A MANNER THAT WILL assure the secrecy and 
sanctity of the ballot in order that the results of elections, plebiscites, referenda, and other 
electoral exercises shall be fast, accurate and reflective of the genuine will of the people. 
SEC. 2. Section 2 of Republic Act No. 8436 is hereby amended to read as follows: 
"Section 2. Definition of Terms. - As used in this Act, the following terms shall mean: 
I. 
Automated election system, [a system using appropriate technology for voting and 
electronic devices to count votes and canvasslconsolidate results] HEREINAFTER 
REFERRED TO AS AES - A SYSTEM USING APPROPRIATE TECHNOLOGY FOR 
VOTING, 
COUNTING, 
CONSOLIDATING, 
CANVASSING, 
TRANSMISSION 
OF 
ELECTION RESULTS, AND OTHER PROCESSES IN THE CONDUCT OF ELECTORAL 
EXERCISES; 
p.Counting machine - a machine that uses an optical scanning mark-sense reading 
3. Data storage device - a device used to electronically store counting and 
device of any similar advanced technology to count ballots; 
canvassing results, such as, memory pack or diskette; 
4. Computer set - a set of equipment containing regular components, i.e., monitor, 
central processing unit or CPU, keyboard and printer; 
5. National Ballot - refers to the ballot to be used in the automated election system 
for the purpose of the May 1998 elections. This shall contain the names of the candidates for 
president, vice-president, senators and parties, organizations or coalitions participating 
under the party-list system; 
This ballot shall be counted by the counting machine; 
6. Local Ballot - refers to the ballot on which the voter will manually write the names 
of the candidates of hislher choice for member of the House of Representatives, governor, 4 
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vice-governor, members of the provincial board, mayor, vice-mayor, and members of the 
citylmunicipal council. For the purpose of the May 11, 1998 elections, this ballot will be 
counted manually; 
7. Board of flecfion lnspecfors - there shall be a Board of Election Inspectors in 
every precinct composed of three (3) regular members who shall conduct the voting, 
counting and recording of votes in the polling place. 
For the purpose of the May 11, 1998 elections, there shall be special members 
composed of a fourth member each precinct and a representative who is authorized to 
operate the counting machine. Both shall conduct the counting and recording of votes of the 
national ballots in the designated counting centers;] 
2. ELECTRONlC TRANSMlSSION - A MEANS OF CONVEYING DATA IN 
ELECTRONIC 
FORM 
FROM 
ONE 
LOCATION 
TO 
ANOTHER 
USING 
TELECOMMUNICATIONS TECHNOLOGY; 
3. OFFICIAL BALLOT - REFERS TO THE BALLOT TO BE USED IN AN 
ELECTION SYSTEM, WHETHER IN PAPER OR ELECTRONIC FORM; 
4. PAPER-BASED ELECTlON SYSTEM - A TYPE OF AES THAT USES PAPER- 
BASED OFFICIAL BALLOTS. 
18.1 5. Election returns - [a machine-generated document 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 directly produced by the counting machine] REFERS 
TO THE VOTE COUNT PER PRECINCT, WHETHER IN PAPER OR ELECTRONIC FORM; 
[9. Statement of votes - a machine-generated document containing the votes 
obtained by candidates in each precinct in a citylmunicipality; 
IO. Cify/municipal/disfricUprovincial certificate of canvass of votes - a machine- 
generated document containing the total votes in figures obtained by each candidate in a 
city/municipality/districV province as the case may be; and] 
[I I] 
6. Counting centers - a public place [designated by the Commission where 
counting of votes and canvassinglconsolidation of results shall be conducted] WITHIN THE 
ClTY/MUNlClPALlTY 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. 
7. CONTlNUlN 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. 
SEC. 3. Section 3 of Republic Act No. 8436 is hereby amended to read as follows: 
“Section 3. [Qualifications, fights and limitations of the special members of the] Board of 
Election Inspectors. - [No person shall be appointed as a special member of the board of 
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election inspectors unless he/she is of good moral character and irreproachable reputation, a 
registered voter, has never been convicted of any election offense or of any crime punishable by 
more than six (6) months imprisonment or if helshe has pending against himlher an information 
for any election offense or if helshe is related within the fourth civil degree of consanguinity or 
affinity to any member of the board of election inspectors or any special member of the same 
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IS 
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board of Election Inspector or to any candidate for a national position or to a nominee as a party 
list representative or hislher spouse. The special members of the board shall enjoy the same 
rights and be bound by the same limitations and liabilities' of a regular member of the board of 
election inspectors but shall not vote during the proceedings of the board of election inspectors 
except on matters pertaining to the national ballot.] THERE SHALL BE A BOARD OF 
ELECTION INSPECTORS IN EVERY PRECINCT COMPOSED OF THREE (3) REGULAR 
MEMBERS, AT LEAST ONE OF WHOM SHALL BE AN INFORMATION TECHNOLOGY- 
CAPABLE PERSON, WHO IS TRAINED AND CERTIFIED TO USE THE AES. 
SEC. 4. Section 4 of Republic Act No. 8436 is hereby deleted. The succeeding sections 
are hereby renumbered accordingly. 
SEC. 5. Section 5 of Republic Act No. 8436 is hereby amended to read as follows: 
"Section [5] 4. [Board of Canvassers.] /NFORMAT/ON TECHNOLOGY CONSULTANT. 
- [For purposes of the May 11, 1998 elections, each province, city or municipality shall have 
two (2) board of canvassers, one for the manual election system under the existing law, and the 
other, for !he automated system. For the automated election system, the chairman of the board 
shall be appointed by the Commission from among its personnelldeputies and the members 
from the officials enumerated in Section 21 of Republic Act No. 6646.1 EACH BOARD OF 
CANVASSER SHALL HAVE AS CONSULTANT AN INFORMATION TECHNOLOGY 
EXPERT, TRAINED AND AUTHORIZED TO USE THE AES. FOR THIS PURPOSE, THE 
COMMISSION SHALL DEPUTIZE INFORMATION TECHNOLOGY EXPERTS FROM AMONG 
THE AGENCIES AND INSTRUMENTALITIES OF THE GOVERNMENT, INCLUDING 
GOVERNMENT-OWNED AND CONTROLLED CORPORATIONS. THE PER DIEM OF THE 
DEPUTIZED IT CONSULTANTS SHALL BE THE SAME AS THAT OF THE MEMBERS OF 
THE BOARD OF CANVASSERS. 
SEC. 8. Section 6 of Republic Act No. 8436 is hereby amended to read as follows: 
"Section [6] 5. Authority to Use an Automated Election System. - To carry out the 
above-stated policy, the Commission on Elections, herein referred to as the Commission, is 
hereby authorized to use automated election system AND/OR SYSTEMS IN THE SAME 
ELECTION IN DIFFERENT AREAS, AS IT MAY DEEM APPROPRIATE AND PRACTICAL, [, 
herein referred to as the System,] for the process of voting, counting of votes and 
canvassinglconsolidation AND TRANSMITTAL of results [of the national and local elections.] 
OF ELECTORAL EXERCISES: PROVIDED, THAT FOR THE NEXT REGULAR NATIONAL 
OR LOCAL ELECTIONS, WHICH SHALL BE HELD IMMEDIATELY AFTER THE PASSAGE 
OF THIS ACT, THE AES SHALL BE USED IN AT LEAST TWO (2) CHARTERED CITIES 
AND TWO (2) PROVINCES TO BE DETERMINED BY THE COMELEC: PROVIDED 
FUW/f€R, THAT ON THE SECOND REGULAR NATIONAL OR LOCAL ELECTION 
FOLLOWING THE PASSAGE OF THIS ACT AND IN SUCCEEDING ELECTIONS, FULL USE 
OF THE AES SHALL BE IMPLEMENTED NATIONWIDE. [Provided, howevec That for the 
May 11, 1998 elections, the System shall be applicable in all areas within the country only for 
the positions of president, vice-president, senators and parties, organizations or coalitions / 
participating under the party-list system.] 
v 
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To achieve the purpose of this Act, the Commission is authorized to procure by 
purchase, lease [or otherwise any] RENTAL OR OTHER FORMS OF ACQUISITION, supplies, 
equipment, materials, SOFTWARE, FACILITIES, and OTHER services needed for the [holding 
of the elections by an expedited process of public bidding of vendors, suppliers or lessors: 
Provided, That the accredited political parties are duly notified of and allowed to observe but not 
to participate in the bidding. If, inspite of its diligent efforts to implement this mandate in fhe 
exercise of this authority, it becomes evident by February 9, 1998 that the Commission cannot 
fully implement the automated election system for national positions in the May 11, 1998 
elections, the elections for both national and local positions shall be done manually except in the 
Autonomous Region in Muslim Mindanao (ARMM) where the automated election system shall 
be used for all positions] AES. 
SEC. 7. Section 7 of Republic Act No. 8436 is hereby amended to read as follows: 
"Section [7] 6. [Features of the system. - The System shall utilize appropriate technology 
for voting, and electronic devices for counting of votes and canvassing of results. For this 
purpose, the Commission shall acquire automated counting machines, computer equipment, 
devices and materials and adopt new forms and printing materials. 
alone machine which can count votes and an automated system which can consolidate the 
results immediately, (c) with provisions for audit trails, (d) minimum human intervention, and (e) 
adequate safeguardkecurity measures. 
The System shall contain the following features: (a) use of appropriate ballots, (b) stand- 
In addition, the System shall as far as practicable have the following features: 
1, It must be user-friendly and need not require computer-literate operators; 
2. The machine security must be built-in and multi-layer existent on hardware and 
software with minimum human intervention using latest technology like encrypted coding 
system; 
human intervention; 
3. The security key control must be embedded inside the machine sealed against 
4. The Optical Mark Reader (OMR) must have a built-in printer for numbering the 
5. The ballot paper for the OMR counting machine must be of the quality that passed 
the international standard like ISO-1831, JIS-X- 9004 or its equivalent for optical character 
recognition; 
counted ballots and also for printing the individual precinct number on the counted ballots; 
6. The ballot feeder must be automatic; 
7. The machine must be able to count from 100 to 150 ballots per minute; 
8. The counting 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; 
individual precinct and city or municipality before counting or consolidating the votes; 
10. The counting machine must have the capability to recognize the ballot's 
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11. The System must have a printer that has the capacity to print in one stroke or 
operation seven (7) copies (original plus six (6) copies) of the consolidated'reports on 
carbonless paper; 
12. The printer must have at least 128 kilobytes of Random Access Memory (RAM) 
to facilitate the expeditious processing of the printing of the consolidated 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 also have a built-in hard disk to store the counted and 
consolidated data for future printout and verification; 
15. The machine must be temperature-resistant and rust-proof; 
16. The optical lens,of the OMR must have a self-cleaning device; 
17. The machine must not be capable of being connected to external computer 
peripherals for the process of vote consolidation; 
18. The machine must have an Uninterrupted Power Supply (UPS); 
19. The machine must be accompanied with operating manuals that will guide the 
20. It must be so designed and built that add-ons may immediately be incorporated 
21. It must provide the shortest time needed to complete the counting of votes and 
personnel of the Commission the proper use and maintenance of the machine; 
into the System at minimum expense; 
canvassing of the results of the election; 
22. The machine must be able to generate consolidated reports like the election 
23. The accuracy of the count must be guaranteed, the margin of error must be 
disclosed and backed by warranty under such terms and conditions as may be determined 
by the Commission.] MINIMUM SYSTEM CAPABILITIES - THE AES MUST HAVE THE 
FOLLOWING FUNCTIONAL CAPABILITIES: 
return, statement of votes and certificate of canvass at different levels; and 
(a) ALLOW THE VOTER TO ACCURATELY IDENTIFY AND INDICATE HlSlHER 
CHOICES IN AN ELECTORAL EXERCISE, WITH ACCESS PROVISIONS FOR 
ILLITERATES AND DIFFERENTLY-ABLED VOTERS; 
(b) RECORD THE VOTER'S CHOlCElS AND STORE IN A MANNER THAT MAY 
NOT BE ALTERED IN ANY WAY; 
(c) PROVIDE THE VOTER WITH THE OPPORTUNITY TO VERIFY HlSlHER 
CHOICES ON PAPER; 
(d) COUNT VOTES, PRINT SUMMARIES FOR REQUIRED REPORTING LEVELS 
TO REFLECT A TRUE AND CORRECT SUMMARY OF VOTES CAST, AND STORE THE 
RESULTS IN A MANNER THAT MAY NOT BE ALTERED IN ANY WAY; 
(e) CONVEY THE ELECTRONIC RECORDS IN A MANNER THAT ENSURES 
THAT THE INFORMATION RECEIVED IS WHAT WAS SENT; 
(f) RECOVER FROM AN EQUIPMENT FAILURE AND RESTART PROCESSING 
FROM THE FAILURE POINT; 
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(9) CONFIGURE ACCESS CONTROL FOR SENSITIVE SYSTEM DATA AND 
FUNCTIONS; 
(h) PROVIDE SYSTEM ADMINISTRATION FACILITIES TO PERFORM THE 
FOLLOWING FUNCTIONS SUCH AS: PRECINCT/MUNICIPALITY CONFIGURATION, 
BALLOT CONFIGURATION, POLL OPENING, AND POLL CLOSING; 
(i) PROVIDE SYSTEM AUDIT FACILITIES WHICH PROVIDE SUPPORTING 
DOCUMENTATION FOR VERIFYING THE PROCESS USED IN PRODUCING THE 
REPORTED ELECTION RESULTS; AND, 
(j) PROVIDE SYSTEM UTILITIES FOR DATA SECURITY, RETENTION AND 
ARCHIVING OF ELECTRONIC RECORDS. 
In the procurement of this system, the Commission shall DEVELOP AND adopt an 
[equitable] EVALUATION system [of deductions or dements for deviations or deficiencies in 
meeting all the above stated features and standards] TO ASCERTAIN THAT THE ABOVE 
MINIMUM SYSTEM CAPABILITIES ARE MET. THIS EVALUATION SYSTEM SHALL BE 
DEVELOPED WITH THE ASSISTANCE OF AN ADVISORY COUNCIL. 
[For this purpose, the Commission shall create an Advisory Council to be composed of 
technical experts from the Department of Scierlce and Technology (DOST), the Information 
Technology Foundation of the Philippines (ITFP), the University of the Philippines (UP), and two 
(2) representatives from the private sector recommended by the Philippine Computer Society 
The Council may avail itself of the expertise and services of resource persons of known 
competence and probity. 
The Commission in collaboration with the DOST shall establish an independent 
Technical Ad Hoc Evaluation Committee, herein known as the Committee, composed of a 
representative each from the Senate, House of Representatives, DOST and COMELEC. The 
Committee shall certify that the System is operating properly and accurately and that the 
machines have a demonstrable capacity to distinguish between genuine and spurious ballots. 
The Committee shall ensure that the testing procedure shall be unbiased and effective in 
checking the worthiness of the System. Toward this end, the Committee shall design and 
implement a reliability test procedure or a system stress test.] 
(PCS). 
SEC. 8. New Sections 7, 8, 9 and 10 are hereby provided to read as follows: 
“SECTION 7. THE ADVlSORY COUNCIL. - THE COMMISSION SHALL CREATE AN 
ADVISORY COUNCIL, HEREIN KNOWN AS THE COUNCIL, WHICH SHALL BE CONVENED 
NOT LATER THAN 18 MONTHS PRIOR TO THE NEXT SCHEDULED ELECTORAL 
EXERCISE, AND DEACTIVATED 6 MONTHS AFTER COMPLETION OF CANVASSING. 
THE COUNCIL SHALL BE COMPOSED OF THE FOLLOWING MEMBERS, WHO 
MUST BE REGISTERED FILIPINO VOTERS, OF KNOWN COMPETENCE AND PROBIN: 
(a) ONE MEMBER FROM THE COMMISSION ON INFORMATION AND 
COMMUNICATIONS TECHNOLOGY (CICT), WHO SHALL CHAIR THE COUNCIL; 
(b) ONE MEMBER FROM THE DEPARTMENT OF SCIENCE AND TECHNOLOGY 
rO( 
(DOST); 
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(c) ONE MEMBER FROM THE DEPARTMENT OF EDUCATION; 
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(d) ONE MEMBER REPRESENTING THE ACADEME, TO BE SELECTED BY THE 
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CHAIR OF THE ADVISORY COUNCIL FROM AMONG THE LIST OF NOMIMEES 
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SUBMITTED BY THE COUNTRY’S ACADEMIC INSTITUTIONS; 
(e) THREE MEMBERS REPRESENTING ICT PROFESSIONAL ORGANIZATIONS 
TO BE SELECTED BY THE CHAIR OF THE ADVISORY COUNCIL FROM AMONG THE 
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LIST OF NOMINEES SUBMITTED BY PHILIPPINE-BASED ICT PROFESSIONAL 
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ORGANIZATIONS. NOMINEES SHALL BE INDIVIDUALS, AT LEAST ONE OF WHOM 
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SHALL BE EXPERIENCED IN MANAGING OR IMPLEMENTING LARGE-SCALE IT 
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PROJECTS. 
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(f) TWO MEMBERS REPRESENTING THE NON-GOVERNMENTAL ELECTORAL 
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REFORMS ORGANIZATIONS, TO BE SELECTED BY THE CHAIR OF THE ADVISORY 
COUNCIL FROM AMONG THE LIST OF NOMINEES SUBMITTED BY THE COUNTRY’S 
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NON-GOVERNMENTAL ELECTORAL REFORMS ORGANIZATIONS. 
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THE COUNCIL MAY AVAIL ITSELF OF THE EXPERTISE AND SERVICES OF 
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THE COMMISSION ON INFORMATION AND COMMUNICATIONS TECHNOLOGY 
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(CICT), SHALL INCLUDE IN ITS ANNUAL APPROPRIATION THE FUNDS NECESSARY TO 
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ENABLE THE COUNCIL TO EFFECTIVELY PERFORM ITS FUNCTIONS.” 
RESOURCE PERSONS OF KNOWN COMPETENCE AND PROBITY. 
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“SECTION. 8. FUNCTIONS OF THE ADVISORY COUNCIL. - THE COUNCIL SHALL 
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HAVE THE FOLLOWING FUNCTIONS: 
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1. REVIEW AND RECOMMEND THE MOST APPROPRIATE, APPLICABLE AND 
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COST-EFFECTIVE TECHNOLOGY TO BE APPLIED IN THE AES, IN WHOLE OR IN 
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PART, AT THAT SPECIFIC POINT IN TIME. 
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2. PARTICIPATE AS NON-VOTING MEMBERS OF THE BIDDING 81 AWARDS 
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COMMITTEE IN THE CONDUCT OF THE BIDDING PROCESS FOR THE AES. 
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3. PARTICIPATE AS NON-VOTING MEMBERS OF THE STEERING COMMITTEE 
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4. PROVIDE ADVICE AND/OR ASSISTANCE IN THE REVIEW OF THE SYSTEMS 
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PLANNING, INCEPTION, DEVELOPMENT, TESTING, OPERATIONALIZATION, AND 
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EVALUATION STAGES. 
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5. 
PROVIDE ADVICE AND/OR ASSISTANCE IN THE IDENTIFICATION, 
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ASSESSMENT AND RESOLUTION OF SYSTEMS PROBLEMS OR INADEQUACIES AS 
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MAY SURFACE OR RESURFACE IN THE COURSE OF THE BIDDING, ACQUISITION, 
TASKED WITH THE IMPLEMENTATION OF THE AES. 
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TESTING, OPERATIONALIZATION, RE-USE, STORAGE OR DISPOSITION OF THE AES 
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NOTHING IN THE ROLE OF THE COUNCIL OR ANY OUTSIDE INTERVENTION OR 
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INFLUENCE SHALL BE CONSTRUED AS AN ABDICATION OF THE COMMISSION’S 
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AUTHORITY 
AND 
RESPONSIBILITY 
FOR 
THE 
EFFECTIVE 
DEVELOPMENT, 
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EQUIPMENT AND/OR RESOURCES AS THE CASE MAY BE. 
6. PROVIDE ADVICE AND/OR ASSISTANCE IN THE RISK MANAGEMENT OF 
THE AES ESPECIALLY WHEN A CONTINGENCY OR DISASTER SITUATION ARISES. 
MANAGEMENT AND IMPLEMENTATION OF THE AES.” 
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“SECTION 9. THE TECHNICAL AD HOC EVALUATION COMMITTEE. - THE 
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COMMISSION, IN COLLABORATION WITH THE CHAIRMAN OF THE ADVISORY 
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COUNCIL, SHALL ESTABLISH AN INDEPENDENT TECHNICAL AD HOC EVALUATION 
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COMMITTEE, 
HEREIN 
KNOWN 
AS 
THE 
COMMITTEE, 
COMPOSED 
OF 
A 
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REPRESENTATIVE EACH FROM THE SENATE, THE HOUSE OF REPRESENTATIVES, 
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THE COMMISSION, THE COMMISSION ON INFORMATION AND COMMUNICATIONS 
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THE COMMITTEE IS DEEMED ACTIVATED 12 MONTHS PRIOR TO THE NEXT 
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SCHEDULED ELECTORAL EXERCISE, 
AND 
DEACTIVATED I MONTH AFTER 
TECHNOLOGY AND THE DEPARTMENT OF SCIENCE AND TECHNOLOGY. 
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COMPLETION OF CANVASSING.” 
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‘SECTION 
IO. FUNCTIONS OF THE TECHNICAL AD HOC EVALUATION 
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COMMITTEE. - THE COMMITTEE SHALL CERTIFY, NOT LATER THAN THREE (3) 
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MONTHS BEFORE THE DATE OF THE ELECTORAL EXERCISE, THAT THE AES IS 
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OPERATING 
PROPERLY AND 
ACCURATELY, 
BASED 
ON 
THE 
FOLLOWING 
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DOCUMENTED RESULTS: 
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ADVISORY COUNCIL; 
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4. A CERTIFICATION THAT THE SOURCE CODE IS KEPT IN ESCROW WITH A 
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REPUTABLE AGENCY; 
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5. A CERTIFICATION PROCESS THAT ENSURES THAT THE SOURCE CODE 
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6. THE DEVELOPMENT, PROVISIONING, AND OPERATIONALIZATION OF A 
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CONTINUITY PLAN TO COVER RISKS TO THE AES AT ALL POINTS IN THE 
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PROCESS SUCH THAT A FAILURE OF ELECTIONS, WHETHER AT VOTING, 
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IF THE COMMISSION DECIDES TO PROCEED WITH THE USE OF THE AES 
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WITHOUT THE COMMITTEE’S CERTIFICATION, IT MUST SUBMIT ITS REASONS IN 
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WRITING, TO THE OVERSIGHT COMMITTEE, NO LATER THAN THIRTY (30) DAYS PRIOR 
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TO THE ELECTORAL EXERCISE WHERE THE AES WILL BE USED. 
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THE COMMITTEE MAY AVAIL ITSELF OF THE EXPERTISE AND SERVICES OF 
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THE COMMllTEE SHALL CLOSELY COORDINATE WITH THE STEERING 
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COMMITTEE OF THE COMMISSION TASKED WITH THE IMPLEMENTATION OF THE AES 
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IN THE IDENTIFICATION AND AGREEMENT OF THE PROJECT DELIVERABLES AND 
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TIMELINES, AND IN THE FORMULATION OF THE ACCEPTANCE CRITERIA OFIFOR 
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EACH DELIVERABLE.” 
1. THE SUCCESSFUL CONDUCT OF A FIELD TESTING PROCESS FOLLOWED BY A 
MOCK ELECTION EVENT IN ONE OR MORE CITIES/MUNICIPALITIES; 
FUNCTIONALITY AND SECURITY CONTROLS OF THE AES SOFTWARE; 
3. THE COMPLETION OF A SOURCE CODE REVIEW BY A CAPABLE THIRD PARTY, 
TO BE CHOSEN BY THE COMMISSION FROM THE RECOMMENDATION OF THE 
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2. THE COMPLETION OF A THIRD PARTY AUDIT ON THE ACCURACY, 
REVIEWED IS ONE AND THE SAME AS THAT USED BY THE EQUIPMENT; AND, 
COUNTING OR CONSOLIDATION, MAY BE AVOIDED. 
RESOURCE PERSONS OF KNOWN COMPETENCE AND PROBITY. 
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SEC. 9. Section 8 of Republic Act No.8436 is hereby amended to read as follows: 
“Section [81 11. Procurement of Equipment and Materials. - TO ACHIEVE THE 
PURPOSE OF THIS ACT, mthe Commission [shall] IS AUTHORIZED TO procure, [the 
automated counting machines, computer equipment, devices and materials needed for ballot 
printing and devices for voting, counting and canvassing], IN ACCORDANCE WITH EXISTING 
LAWS, BY PURCHASE, LEASE, RENTAL OR OTHER FORMS OF ACQUISITION, 
SUPPLIES, EQUIPMENT, MATERIALS, SOFTWARE, AND SERVICES NEEDED FOR THE 
AES, from local or foreign sources free from taxes and import duties, subject to accounting and 
auditing rules and regulations. 
SEC. I O .  Section 9 of Republic Act no.8436 is hereby amended to read as follows: 
“Section [9] 12. Systems Breakdown in the VOTING, Counting OR CANVASSING 
Centers. THE AES SHALL BE SO DESJGNED TO INCLUDE A CONTINUITY PLAN IN CASE 
OF A SYSTEMS BREAKDOWN OR ANY SUCH EVENTUALITY WHICH SHALL RESULT IN 
THE DELAY, OBSTRUCTION OR NON-PERFORMANCE OF THE ELECTORAL PROCESS. 
ACTIVATION OF SUCH CONTINUITY AND CONTINGENCY MEASURES [In the event of a 
systems breakdown of all assigned machines in the counting center, the Commission shall use 
any available machine or any component thereof from another city/municipality upon the 
approval of the Commission en banc or any of its divisions. 
The transfer of such machines or any component thereofl shall 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 [transfer] ACTIVATION. 
uhere is a systems breakdown in the counting center when the machine fails to read the 
ballots or fails to storekave results or fails to print the results after it has read the ballots; or 
when the computer fails to consolidate election resultsheports or fails to print election 
results/reports after consolidation.] 
SEC. 11. Section 10 of Republic Act No.8436 is hereby amended to read as follows: 
“Section [IO] 13. Examination and Testing of [counting machines] EQUIPMENT OR 
DEVICE OF THEAES. The Commission shall, [on the date and time it shall set and with proper 
notices,] allow the political parties and candidates or their representatives, citizens’ arm or their 
representatives to examine and test [the machines to ascertain that system is operating 
properly and accurately. Test ballots and test forms shall be provided by the Commission. 
After the examination and testing, the machines shall be locked and sealed by the 
election officer 
or any authorized representative of the Commission in the presence of the 
political parties and candidates or their representatives and accredited citizens’ arms. The 
machines shall be kept locked and sealed and shall be opened again on election day before the 
counting of votes begins.] THE EQUIPMENT OR DEVICE 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 [machines] EQUIPMENT OR 
DEVICE, the parties and candidates or their representatives, citizens’ arms or their 
representatives, may submit a written [report] COMMENT to the election officer who shall 
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immediately transmit it to the [Commission for appropriate action] ELECTION OFFICER who 
shall immediately transmit it to the Commission for appropriate action. 
“THE ELECTION OFFICER OR THE AUTHORIZED REPRESENTATIVE SHALL KEEP 
A MINUTES OF THE TESTING, A COPY OF WHICH SHALL BE SUBMITTED TO THE 
COMMISSION TOGETHER WITH THE MINUTES OF VOTING.” 
SEC. 12. Section 11 of Republic Act No.8436 is hereby amended to read as follows: 
“Section [I I] 
14. Official Ballot. -The Commission shall prescribe the FORMAT OF THE 
ELECTRONIC DISPLAY OR THE size and form of the official ballot, which shall contain the 
titles of the positions to be filled andlor the propositions to be voted upon in an initiative, 
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referendum or plebiscite. Under each position TO BE FILLED, the names of candidates shall be 
arranged alphabetically by surname and uniformly [printed] INDICATED using the same type 
size. UNDER EACH PROPOSITION TO BE VOTED UPON, THE CHOICES SHOULD BE 
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shall be provided. 
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UNIFORMLY INDICATED USING THE SAME TYPE SIZE. 
IN CASE OF PAPER-BASED ELECTION SYSTEM a fixed space where the chairman 
of the Board of EJection inspectors shall affix hislher signature to authenticate the official ballot 
[Both sides of the ballots may be used when necessary.] 
For this purpose, THE COMMISSION SHALL SET the deadline for the filing of 
certificate of candidacy/petition for registrationhnanifestation to participate in the election: [shall 
not be later than one hundred twenty (120) days before the elections;] Provided, That, any 
elective official, whether national or local, running for any office other than the one which he/she 
is holding in a permanent capacity, except for president and vice-president, shall be deemed 
resigned only upon the start of the campaign period corresponding to the position for which 
he/she is running: Provided, further, That unlawful acts or omissions applicable to a candidate 
shall take effect upon the start of the aforesaid campaign period: [Provided, finally, That, for 
purposes of the May 11, 1998 elections, the deadline for filing of the certificate of candidacy for 
the positions of President, Vice President, Senators and candidates under the Party-List System 
as well as petitions for registration and/or manifestation to participate in the Party-List System 
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shall be on February 9, 1998 while the deadline for the filing of certificate of candidacy for other 
positions shall be on March 27, f998.1 PROVIDED FINALLY, THAT ANY PERSON HOLDING 
A PUBLIC APPOINTIVE OFFICE OR POSITION, INCLUDING ACTIVE MEMBERS OF THE 
ARMED FORCES OF THE PHILIPPINES, AND OFFICERS AND EMPLOYEES IN 
GOVERNMENT-OWNED OR CONTROLLED CORPORATIONS, SHALL BE CONSIDERED 
IPSO FACTO RESIGNED FROM HlSlHER OFFICE UPON THE FILING OF HIS/HER 
CERTIFICATE OF CANDIDACY. 
WITH RESPECT TO PAPER-BASED ELECTION SYSTEM, mthe official ballots shall 
be printed by the National Printing Office and/or the Bangko Sentral ng Pilipinas at the price 
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comparable with that of private printers under proper security measures which the Commission 
shall adopt. The Commission may contract the services of private printers upon certification by 
requirements. Accredited political parties and deputized citizens’ arms of the Commission [may] 
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the National Printing OfficelBangko Sentral ng Pilipinas that it cannot meet the printing 
SHALL assign watchers in the printing, storage and distribution of official ballots. 
\’ / 
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To prevent the use of fake AND COUNTERFEIT ballots, the Commission through the 
Committee shall ensure that the [serial number on the ballot stub shall be printed in magnetic 
ink that shall be easily detectable by inexpensive hardware and shall be impossible to 
reproduce on a photocopying machine, and that identification markings,] NECESSARY 
SAFEGUARDS are provided on the ballot. 
The official ballots shall be printed and distributed to each citylmunicipality at the rate of 
one (1) ballot for every registered voter with a provision of additional [four (4)] THREE (3) 
ballots per precinct. 
SEC. 13. Section 12 of Republic Act No.8436 is hereby amended to read as follows: 
“Section [I21 15. Substitution of candidates. - In case of valid substitutions [after the 
official ballots have been printed,] BY REASON OF DEATH OR WITHDRAWAL DUE TO 
PHYSICAL AND MENTAL INCAPACITY AS DETERMINED BY COMPETENT AUTHORITY 
AFTER THE OFFICIAL BALLOTS HAVE BEEN PRINTED (FOR PAPER-BASED ELECTION 
SYSTEM) OR THE ELECTRONIC BALLOTS HAVE BEEN FINALIZED, the votes cast for the 
substituted candidates shall be considered votes for the substitutes. 
SEC. 14. Section 13 of Republic Act No.8436 is hereby amended to read as follows: 
“Section [I31 16. Ballot box. - WHERE APPLICABLE, mthere shall be in each precinct 
on election day a ballot box with such safety features that the Commission may prescribe and of 
such size as to accommodate the official ballots [without folding them]. 
each precinct, one (1) for the national ballots and one (1) for the local ballots.] 
[For the purpose of the May 11, 1998 elections, there shall be two (2) ballot boxes for 
SEC. 15. Section 14 of Republic Act No.8436 is hereby amended to read as follows: 
“Section [I41 17. Procedure in voting - Vhe voter shall be given a ballot by the 
chairman of the Board of Election Inspectors. The voter shall then proceed to a voting booth to 
accomplish his/her ballot. If a voter spoils hidher ballot, he/she may be issued another ballot 
subject to Section 11 of this Act. No voter may be allowed to change hislher ballot more than 
once. 
After the voter has voted, helshe shall affix hislher thumb mark on the corresponding 
space in the voting record. The chairman shall apply indelible ink on the voter’s right forefinger 
and affix his/her signature in the space provided for such purpose in the ballot. The voter shall 
then personally drop hislher ballot on the ballot box. 
For the purpose of the May 11, 1998 elections, each voter shall be given one (1) national 
and one (1) local ballot by the Chairperson. The voter shall, after casting hidher vote, personally 
drop the ballots in their respective ballot boxes.] DEPENDING ON THE TYPE OF AES 
CHOSEN, THE COMMISSION SHALL PRESCRIBE THE MANNER AND PROCEDURE OF 
VOTING, WHICH CAN BE EASILY UNDERSTOOD AND FOLLOWED BY THE VOTERS, 
TAKING INTO CONSIDERATION, AMONG OTHERS, THE SECRECY OF THE VOTING 
PROCESS AND ACCESSIBILITY FOR ILLITERATES AND DIFFERENTLY-ABLED VOTERS. 
SEC. 16. Section 15 of Republic Act No.8436 is hereby amended to read as follows: 
“Section [I51 18. Closing ofpolls. - [After the close of voting, the board shall enter in the 
minutes the number of registered voters who actually voted, the number and serial number of 
unused and spoiled ballots, the serial number of the self-locking metal seal to be used in sealing 
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the ballot box. The board shall then place the minutes inside the ballot box and thereafter close, 
lock and seal the same with padlocks, self-locking metal seals or any other safety devices that 
the Commission may authorize. The chairman of the Board of Election Inspectors shall publicly 
announce that the votes shall be counted at a designated counting center where the board shall 
transport the ballot box containing the ballots and other election documents and paraphernalia. 
For the purpose of the May 11, 1998 elections, the chairman of the Board of Election 
Inspectors shall publicly announce that the votes for president, vice-president, senators and 
parties, organizations or coalitions participating in the party-list system shall be counted at a 
designated counting center. During the transport of the ballot box containing the national ballots 
and other documents, the fourth member of the board shall be escorted by representatives from 
the Armed Forces of the Philippines or from the Philippine National Police, citizens’ arm, and if 
available, representatives of political parties and candidates.] DEPENDING ON THE TYPE OF 
AES CHOSEN, THE COMMISSION SHALL PRESCRIBE THE MANNER AND PROCEDURE 
OF CLOSING THE POLLS AND UNDERTAKING OF THE SUBSEQUENT STEPS, TAKING 
INTO CONSIDERATION AMONG OTHERS, THE PROPER REPORTING OF NUMBER OF 
VOTES CAST AND THE PROPER CONDUCT OF VOTING. 
SEC. 17. Section 16 of Republic Act No.8436 is hereby amended to read as follows: 
“Section [I61 19. NOTICE OF Designation of Counting Centem- r h e  Commission 
shall designate counting center@) which shall be a public place within the city/municipality or in 
such other places as may be designated by the Commission when peace and order conditions 
so require, where the official ballots cast in various precincts of the city/municipality shall be 
counted. The election officer shall post prominently in hislher office, in the bulletin boards at the 
city/municipal hall and in three (3) other conspicuous places in the city/municipality, the notice 
on the designated counting center(s) for at least fifteen (15) days prior to election day. 
For the purpose of the May 11, 1998 elections, the Commission shall designate a central 
counting center(s) which shall be a public place within the city or municipality, as in the case of 
the National Capital Region and in highly urbanized areas. The Commission may designate 
other counting center(s) where the national ballots cast from various precincts of different 
municipalities shall be counted using the automated system. The Commission shall post 
prominently a notice thereof, for at least fifteen (15) days prior to election day, in the office of the 
election officer, on the bulletin boards at the municipal hall and in three (3) other conspicuous 
places in the municipality.] THE ELECTION OFFICER SHALL POST PROMINENTLY IN 
HlSlHER OFFICE, IN THE BULLETIN BOARDS AT THE CITY/MUNICIPAL HALL AND IN 
THREE (3) OTHER CONSPICUOUS PLACES IN THE CITY/MUNICIPALITY, THE NOTICE 
ON THE DESIGNATED COUNTING CENTER(S) FOR AT LEAST FIFTEEN (15) DAYS PRIOR 
TO ELECTION DAY. 
SEC. 18. Section 17 of Republic Act No.8436 is hereby amended to read as follows: 
“Section [I71 20. Counfjng Procedure -[(a) The counting of votes shall be public and 
conducted in the designated counting center(@. (b) The ballots shall be counted by the machine 
by precinct in the order of their arrival at the counting center. The election officer or hidher 
Thereafter, the board shall, in the presence of the watchers and representatives of accredited f 
representative shall log the sequence of arrival of the ballot boxes and indicate their condition. f 
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citizens' arm, political partieslcandidates, open the ballot box, retrieve the ballots and minutes of 
voting. It shall verify whether the number of ballots tallies with the data in the minutes. If there 
are excess ballots, the poll clerk, without looking at the ballots, shall publicly draw out at random 
ballots equal to the excess and without looking at the contents thereof, place them in an 
envelope which shall be marked "excess ballots". The envelope shall be sealed and signed by 
the members of the board and placed in the compartment for spoiled ballots. (c) The election 
officer or any authorized official or any member of the board shall feed the valid ballots into the 
machine without interruption until all the ballots for the precincts are counted. 
(d) The board shall remain at the counting center until all the official ballots for the precinct are 
counted and all reports are properly accomplished. 
For the purpose of the May 11, 1998 elections, the ballots shall be counted by precinct 
by the special members of the board in the manner provided in paragraph (b) hereof.] 
DEPENDING ON THE TYPE OF AES, THE COMMISSION SHALL PRESCRIBE THE 
MANNER AND PROCEDURE OF COUNTING THE VOTES; PROVIDED, THAT APART 
FROM THE ELECTRONICALLY STORED RESULT, SEVEN (7) COPIES OF THE ELECTION 
RETURN ARE PRINTED. 
SEC. 19. Section 18 of Republic Act No.8436 is hereby amended to read as follows: 
"Section [I81 21. 
Election Returns. - [After the ballots of the precincts have been 
counted, the election officer or any official authorized by the Commission shall, in the presence 
of watchers and representatives of the accredited citizens' arm, political partieslcandidates, if 
any, store the results in a data storage device and print copies of the election returns of each 
precinct, The printed election returns shall be signed and thumb marked by the fourth member 
and COMELEC authorized representative and attested to by the election officer or authorized 
representative.] EACH COPY OF THE PRINTED ELECTION RETURNS SHALL BEAR 
APPROPRIATE CONTROL MARKS TO DETERMINE THE TIME AND PLACE OF PRINTING. 
EACH COPY SHALL BE SIGNED AND THUMB MARKED BY ALL THE MEMBERS OF THE 
BOARD OF ELECTION INSPECTORS AND THE WATCHERS PRESENT. The Chairman of 
the Board shall then publicly read and announce the total number of REGISTERED VOTERS, 
THE TOTAL NUMBER OF VOTERS WHO ACTUALLY VOTED AND THE TOTAL NUMBER 
OF votes obtained by each candidate based on the election returns. 
Thereafter, the copies of the 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 patty-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 citizens' arm authorized by the Commission to conduct an 
unofficial count. [In the conduct of the unofficial quick count by any accredited citizens' 
arm, the Commission shall promulgate rules and regulations to ensure, among others, 
that said citizens' arm releases in the order of their arrival one hundred percent (loo%) 
results of a precinct indicating the precinct, municipality or city, province and 
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Provided, however, that, the count shall continue until all precincts shall have been 
reported.] 
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 compartment of the ballot box for valid 
ballots. 
IT SHALL BE THE DUTY OF mthe ACCREDITED citizens' arm [shall] to provide 
copies of the election returns TO INDEPENDENT CANDIDATES AND REGISTERED 
PARTIES OTHER THAN THE DOMINANT MAJORITY AND MINORITY, at the expense of 
the requesting party. 
[For the purpose of the May 1 1 ,  1998 elections, after the national ballots have been 
counted, the COMELEC authorized representative shall implement the provisions of 
paragraph A hereof.] 
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. [In the conduct of the unofficial quick count by any accredited citizens' 
arm, the Commission shall promulgate rules and regulations to ensure, among others, 
that said citizens' arm releases in the order of their arrival one hundred percent (100%) 
results of a precinct indicating the precinct, municipality or city, province and region: 
Provided, however, that, the count shall continue until all precincts shall have been 
reported]. 
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 compartment of the ballot box for valid 
ballots. 
IT SHALL BE THE DUTY OF mthe ACCREDITED citizens' arm [shall] to provide 
copies of the election returns TO INDEPENDENT CANDIDATES AND REGISTERED 
PARTIES OTHER THAN THE DOMINANT MAJORITY AND MINORITY, at the expense of 
the requesting party. 
[After the votes from all precincts have been counted, a consolidated report of votes for 
WITHIN THREE (3) HOURS [Alafter the printing of the election returns, 
the 
CHAIRMAN OF THE BOARD OF ELECTION INSPECTORS OR ANY OFFICIAL 
AUTHORIZED BY THE COMMISSION SHALL, IN THE PRESENCE OF WATCHERS AND 
each candidate shall be printed.] 
REPRESENTATIVES 
OF THE 
ACCREDiTED 
CITIZEN'S 
ARM, 
POLITICAL { 
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PARTIESICANDIDATES, IF ANY, ELECTRONICALLY TRANSMIT 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 BROADCASTERS NG PILIPINAS (KBP). 
[ballots shall be returned to the ballot box, which shall be locked, sealed and delivered to the 
city/municipal treasurer for safekeeping. The treasurer shall immediately provide the 
Commission and the election officer with a record of the serial numbers of the ballot boxes 
and the corresponding metal seals.] 
“THE ELECTION RESULTS AT THE CITY/MUNICIPALITY CONSOLIDATING 
CENTERS SHALL BE TRANSMITTED IN THE SAME MANNER BY THE ELECTION 
OFFICER OR ANY OFFICIAL AUTHORIZED BY THE COMMISSION TO THE DISTRICT 
OR PROVINCIAL CONSOLIDATION 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.” 
SEC. 20. Section 21 of Republic Act No.8436 is hereby amended to read as follows: 
“Section [21] 24. Canvassing 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, organizations or coalitions participating under 
the party-list system 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 completion of the canvass, it shall print the certificate 
of canvass of votes for president, vice-president, senators and members of the House of 
Representatives and elective provincial officials and thereafter, proclaim the elected city or 
municipal officials, as the case may be. 
The city board of canvassers of cities comprising one (1) or more legislative districts 
shall canvass the votes for president, vice-president, senators, members of the House of 
Representatives and elective city officials by consolidating the CERTIFICATES OF CANVASS 
ELECTRONICALLY TRANSMITTED FROM THE COUNTING CENTERS OR THE results 
contained in the data storage devices used in the printing of the election returns. Upon 
completion of the canvass, the board shall [print] PRODUCE the canvass of votes for president, 
vice-president, and senators and thereafter, proclaim the elected members of the House of 
Representatives and city officials. 
In the Metro Manila area, each municipality comprising a legislative district shall have a 
district 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 completion of the canvass, it shall [print] PRODUCE the certificate of 
canvass of votes for president, vice-president, and senators and thereafter, proclaim the elected 
members of the House of Representatives and municipal officials. 
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Each component municipality in a legislative district in the Metro Manila area 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 completion 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 officials. 
The district board of canvassers of each legislative district comprising two (2) 
municipalities in the Metro Manila area shall canvass the votes for president, vice-president, 
senators and members of the House of Representatives by consolidating the CERTIFICATES 
OF 
CANVASS ELECTRONICALLY TRANSMITTED FROM THE 
CITWMUNICIPAL 
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 shall [print] PRODUCE a certificate of canvass of votes for president, vice-president 
and senators and thereafter, proclaim the elected members of the House of Representatives in 
the legislative district. 
The district/provincial board 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 
ClTY/MUNlClPAL 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 canvass, it shall [print] PRODUCE the certificate of canvass of votes for 
president, vice-president and senators and thereafter, proclaim the elected members of the 
House of Representatives and the provincial officials. 
The municipal, city, district and provincial certificates of canvass of votes shall each be 
supported by a statement of votes. 
WITHIN THREE (3) HOURS AFTER THE CANVASSING, THE CHAIRMAN OF THE 
DISTRICT OR PROVINCIAL BOARD OF CANVASSERS OR THE CITY BOARD OF 
CANVASSERS OF THOSE CITIES WHICH COMPRISE ONE OR MORE LEGISLATIVE 
DISTRICTS SHALL TRANSMIT THE CERTIFICATES OF CANVASS TO THE NATIONAL 
CONSOLIDATION CENTERS, WHICH ARE 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 SENATE. 
The Commission shall adopt adequate and effective measures to preserve the integrity 
of the [data] CERTIFICATES OF CANVASS TRANSMITTED ELECTRONICALLY AND THE 
RESULTS IN THE storage devices at the various levels of the boards of canvassers. 
THE CERTIFICATES OF CANVASS TRANSMITTED ELECTRONICALLY AND 
DIGITALLY SIGNED SHALL BE CONSIDERED AS OFFICIAL ELECTION RESULTS AND 
SHALL BE USED AS THE BASIS FOR THE PROCLAMATION OF A CANDIDATE. 
SEC. 21. Section 22 of Republic Act No.8436 is hereby amended to read as follows: 
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“Section [22] 25. Number of Copies of Certificates of Canvass of Votes and fheir 
distribution. - (a) The certificate of canvass of votes for president, vice-president, senators, 
members of the House of Representatives, parties, organizations or coalitions participating 
under the party-list system and elective provincial officials shall be [printed] 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, organizations 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 citizens’ 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. 
The board of canvassers shall furnish all registered parties copies of the certificate of 
(b) The certificate of canvass of votes for president, vice-president and senators, parties, 
organizations or coalitions participating under the party-list system shall be [printed] 
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 canvas 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 by 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 citizens’ arm to furnish independent 
candidates copies of the certificate of canvass at the expense of the requesting party. 
The board of canvassers shall furnish all registered parties copies of the certificate of 
(c) The certificates of canvass printed by the 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. 
canvass at the expense of the requesting party. 
canvass at the expense of the requesting party. 
SEC. 22. Section 23 of Republic Act No.8436 is hereby amended to read as follows: 
“Section [23] 26. National Board of Canvassers for Senators AND PARTY-LIST 
REPRESENTATIVES. - The chairman and members of the Commission on Elections sitting en 
banc, shall compose the national board of canvassers for senators AND PARTY-LIST / 
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REPRESENTATIVES. It shall canvass the results by consolidating the [the results contained in 
the data storage devices submitted by the district, provincial and city boards of canvassers of 
those cities which comprise one or more legislative districts.] CERTIFICATES OF CANVASS 
ELECTRONICALLY TRANSMITTED. Thereafter, the national board shall proclaim the winning 
candidates for senators AND PARTY-LIST REPRESENTATIVES. 
SEC. 23. Section 24 of Republic Act No.8436 is hereby amended to read as follows: 
“Section 1241 27. Congress as the National Board of Canvassers for President and Vice- 
President. - The Senate and the House of Representatives in joint public session shall compose 
the national board of canvassers for president and vice-president. The [returns of every 
election] CERTIFICATE OF CANVASS for president and vice-president duly certified by the 
board of canvassers of each province or city, shall be ELECTRONICALLY transmitted to the 
Congress, directed to the president of the Senate. Upon receipt of the certificates of canvass, 
the president of the Senate shall, not later than thirty (30) days after the day of the election, 
open all the certificates in the presence of the Senate and the House of Representatives in joint 
public session and the Congress upon determination of the authenticity and the due execution 
thereof in the manner provided by law, canvass all the results for president and vice-president 
p y  consolidating the results contained in the data storage devices submitted by the district, 
provincial and city boards of canvassers and thereafter, proclaim the winning candidates for 
president and vice-president] AND THEREAFTER, PROCLAIM THE WINNING CANDIDATES. 
SEC. 24. A new Section 28 is hereby provided to read as follows: 
“SECTION 
28. 
AUTHENTICATION OF ELECTRONICALLY 
TRANSMIrrED 
ELECTION RESULTS. - WHERE NECESSARY AND APPLICABLE, THE MANNER OF 
DETERMINING THE AUTHENTICITY AND DUE EXECUTION OF ELECTRONICALLY 
TRANSMITTED ELECTION DOCUMENTS, SUCH AS BUT NOT LIMITED TO THE 
CERTIFICATES OF CANVASS, SHALL CONFORM WITH THE PROVISIONS OF REPUBLIC 
ACT NO. 7166 AS MAY BE SUPPLEMENTED OR MODIFIED BY THE PROVISIONS OF 
THIS ACT. 
WHERE APPLICABLE, THE ELECTRONIC TRANSMISSION OF DATA UNDER THIS 
ACT SHALL CONFORM TO THE REQUIREMENTS OF REPUBLIC ACT NO. 8792. 
SEC. 25. Section 25 of Republic Act No.8436 is hereby amended to read as follows: 
“Section [25] 29. [Voters’j STAKEHOLDER education AND TRAINING. - The 
Commission [together with and in support of accredited citizens‘ arms shall carry out a 
continuing and systematic campaign] SHALL, NOT LATER THAN SIX (6) MONTHS BEFORE 
THE ACTUAL AUTOMATED ELECTION EXERCISE, UNDERTAKE A WIDESPREAD 
STAKEHOLDER EDUCATION AND TRAINING PROGRAM, through newspapers of general 
circulation, radio, television and other media forms, as well as through seminars, symposia, fora 
and other non-traditional means, to educate the public and fully inform the electorate about the 
automated election system and inculcate values on honest, peaceful and orderly elections. 
FOLLOWING STAKEHOLDERS TO UNDERSTAND AND APPRECIATE THE BENEFITS OF p 
“SUCH PROGRAM SHALL ENSURE THE ACCEPTANCE AND READINESS OF THE 
THE AES: 
4 
1. GENERAL PUBLICNOTERS 
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2. COMMISSION 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 TO CAST THEIR VOTE, AS WELL AS A 
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 AS ADVOCATES OF THE AES. 
THE COMMISSION TOGETHER WITH AND IN SUPPORT OF ACCREDITED 
CITIZENS’ ARMS SHALL CARRY OUT A CONTINUING AND SYSTEMATIC CAMPAIGN 
THROUGH NEWSPAPERS OF GENERAL CIRCULATION, RADIO AND OTHER MEDIA 
FORMS, AS WELL AS THROUGH SEMINARS, SYMPOSIA, FORA AND OTHER NON- 
TRADITIONAL MEANS TO EDUCATE THE PUBLIC AND FULLY INFORM THE 
ELECTORATE ABOUT THE AUTOMATED ELECTION SYSTEM AND INCULCATE VALUES 
ON HONEST, PEACEFUL AND ORDERLY ELECTIONS.” 
SEC. 26. Section 29 of Republic Act No.8436 is hereby amended to read as follows: 
“Section 1291 33. Election offenses. - In addition to those enumerated in Sections 261 
and 262 of Batas Pambansa Blg. 881, as amended, the following acts shall be penalized as 
election offenses, 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 [System] 
AES such as counting machine, memory packldiskette, 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; and 
(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. 
SEC. 27. Section 30 of Republic Act No.8436 is hereby amended to read as follows: 
“Section [30] 34. App/icabi/ity. - THE PROVISIONS OF THIS ACT SHALL APPLY TO 
THE SYSTEM OF OVERSEAS ABSENTEE VOTING PURSUANT TO THE PROVISIONS OF 
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REPUBLIC ACT NO. 9189 (OVERSEAS ABSENTEE VOTING ACT OF 2003), IF PRACTICAL 
AND APPROPRIATE. 
The provisions of Batas Pambansa Big. 881, as amended, otherwise known as the 
“Omnibus Election Code of the Philippines“, and other election laws not inconsistent with this 
Act shall apply. 
SEC. 28. Section 31 of Republic Act No.8436 is hereby amended to read as follows: 
“Section [31] 35. Rules and Regulations. - The Commission shalt promulgate rules and 
regulations for the implementation and enforcement of this Act [including such measures that 
will address possible difficulties and confusions brought about by the two-ballot system. The 
Commission may consult its accredited citizens’ arm for this purpose]. 
NOTWITHSTANDING THE 
FOREGOING CANVASSING PROCEDURE, THE 
COMMISSION IS AUTHORIZED TO PRESCRIBE OTHER MANNER OR PROCEDURE FOR 
THE CANVASSING AND CONSOLIDATION OF VOTES AS TECHNOLOGY EVOLVES, 
SUBJECT TO THE PROVISIONS OF SECTION 7 HEREOF ON THE MINIMUM 
CAPABILITIES OF THE SYSTEM AND OTHER PERTINENT LAWS. 
SEC. 29. Section 32 of Republic Act No.8436 is hereby amended to read as follows: 
“Section [32] 36. Appropriations. - v h e  amount necessary to carry out the provisions of 
this Act shall be charged against the current year’s appropriations of the Commission. 
Thereafler, such sums as may be necessary for the continuous implementation of this Act shall 
be included in the annual General Appropriations Act. 
In case of deficiency in the funding requirements herein provided, such amount as may 
be necessary shall be augmented from the current contingent fund in the General 
Appropriations Act.] CONGRESS SHALL PROVIDE THE NECESSARY APPROPRIATION TO 
CARRY OUT AND IMPLEMENT THE PROVISIONS OF REPUBLIC ACT 8436 AS AMENDED. 
SEC. 30. Separability clause. - If, for any reason, any section or provision of this Act or 
any part thereof, or the application of such section, provision or portion is declared invalid or 
unconstitutional, the remainder thereof shall not be affected by such declaration. 
SEC. 31. Repealing dause. - All laws, presidential decrees, executive orders, rules and 
regulations or parts thereof inconsistent with the provisions of this Act are hereby repealed or 
modified accordingly. 
SEC. 32. Effectivify. - This Act shall take effect fifteen (15) days afler its publication in a 
Approved, 
d 
newspaper of general circulation. 
hr 
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