Republic of the Philippines RECEIVED
HOUSE OF REPRESENTATIVES pare 01 JUL ams
Quezon City, Metro Manila oe

TWENTIETH CONGRESS

First Regular Session

HOUSE BILL NO. 753

INTRODUCED BY REPRESENTATIVE JURDIN JESUS M. ROMUALDO

EXPLANATORY NOTE

This bill is a refiled measure originally authored in the 18th Congress by Representative
Xavier Jesus D. Romualdo, and refiled during the 19th Congress where it was referred to
the Committee on Suffrage and Electoral Reforms. Its re-filing in the 20th Congress
underscores the continuing relevance of its objectives and the urgent need for electoral
reform that balances both transparency and efficiency.

The explanatory note of the original version is hereby reiterated, as the principle behind
this legislative proposal remains valid and pressing to this day

“Republic Act (RA) No. 8436, as amended by RA No. 9369, mandates the use
of an automated election system (AES), so long as it will continue to uphold
the necessary safeguards in protecting the sanctity of the ballot. This measure.
which is based on the proposed Hybrid Election Act prepared by the
Committee on Electoral Reforms and Peoples Participation of the Senate,
seeks to amend RA No. 8436 further by introducing a hybrid election system
that will enable voters to more transparently participate in the electorate
process and choose leaders for our country. In every election using the AES,
the same lingering issues have been raised by voters, information technology
experts, election experts, members of the media, political parties, and others.
A hybrid election system that ensures that each and every vote is counted and
fosters transparency and credibility in the counting of votes, and, at the same
time, makes canvassing and transmission of votes accurate and efficient will
dispel all doubts on the integrity of our elections and show. without any doubt.
that the results of our elections truly reflect the choice and will of the people.”

While the 2019 national and local elections demonstrated that the automated system
could deliver relatively high confidence levels—evidenced by a 99.99% match in the
random manual audit—the public remained wary about several unresolved concerns.
Chief among these were the high percentage of rejected ballots due to improper shading
or machine-read errors, which led to the disenfranchisement of otherwise qualified voters

‘A hybrid system offers a viable and balanced solution. It preserves the speed and
efficiency of automated transmission, while also ensuring that the appreciation and
counting of ballots at the precinct level is conducted in full public view, thus enhancing
transparency and trust in the process. This system aims to uphold the constitutional right
of every Filipino to have their vote properly counted and their voice heard

Data from the Commission on Elections, particularly the number of rejected ballots per
town and province, further reinforces the necessity of introducing reforms that will directly
address these longstanding issues in the electoral process


Given the enduring challenges and the potential of this measure to restore faith in the
electoral system, the immediate and favorable passage of thisbill is eamestly sought

JURI US M. ROMUALDO-


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

TWENTIETH CONGRESS

First Regular Session

HOUSE BILL NO. 753

INTRODUCED BY REPRESENTATIVE JURDIN JESUS M. ROMUALDO.

AN ACT
PROVIDING FOR THE CONDUCT OF HYBRID ELECTIONS FOR NATIONAL,
LOCAL, AND THE BANGSAMORO AUTONOMOUS REGION IN MUSLIM
MINDANAO, 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 the House of Representatives of the Philippines in Congress

assembled:
SECTION 1. Title. - 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 on May 2022 and all national, local, and the Bangsamoro Autonomous

Region in Muslim Mindanao (BARMM) elections thereafter.

SEC. 3. Section 1 of Republic Act No. 8436, as amended, is hereby 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, plebiscite, 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 AUTOMATED
ELECTION SYSTEM AND THE MANUAL ELECTION SYSTEM TO ENSURE
TRANSPARENCY AND CREDIBILITY OF THE ELECTORAL PROCESSES.
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.”

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. {Attomated}HYBRID election system, hereinafter referred to as [AES] HES - system
using appropriate technology which has been demonstrated in the voting, counting,
consolidating, canvassing, and transmission of election results, and other electoral
processes BUT ALSO UTILIZES MANUAL COUNTING TO ENSURE
TRANSPARENCY AND CREDIBILITY OF THE ELECTORAL PROCESSES;

"2. Electronic transmission - conveying data in electronic form from one location to

another;

"3. 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 voter recorded or to be recorded in electronic form;

"4. Election retums - A) a document in electronic and printed form directly
produced by the counting or voting machine, 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 fir-areaswhere- AES is utilized} AND B) A DOCUMENT IN PRINTED FORM

AND MANUALLY ACCOMPLISHED FOR PURPOSES OF
REFLECTING THE MANUAL COUNT OF THE VOTES AT THE POLLING
PRECINT, SHOWING THE DATE OF THE ELECTION, THE PROVINCE,
MUNICIPALITY, AND THE PRECINT IN WHICH IT IS HELD AND THE
VOTES IN FIGURES FOR EACH PRECINT;

"§. Statement of votes - a document containing the votes obtained by candidates in each

precinct in a city/municipality;


"6. City/municipality/district/provincial certificate of canvass - a document in
electronic and 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 certificates of canvass

shall be the official canvass results in the aforementioned jurisdictions;

"7. Paper-based election system - a type of automated election system that uses paper
ballots, records and counts votes, tabulates, consolidates/canvasses and transmits electronically

the results of the vote count;

{8--Direet-reeording-electronic-election-system—atype-of-a d-election
-that—uses—eleetronie—ballots,—reeords-and—eounts-votes-fey-means—et-e ballet display

"948. Counting center - a public place 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;

"{10}9. 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:

"{12410. Source code - human readable instructions that define what the computer

equipment will do; and

"H3411. Station - refers to a polling place, counting center, municipal or provincial

canvassing center.”

SEC. 5. Section 3 of Republic Act No. 8436, as amended, is hereby amended to read as

follows:

"SEC. 3. Board of Election Inspectors. — {Where-AES-shall-be-adoptedatteast} AT

LEAST one member of the Board of Election Inspectors shall be an information technology-
capable person, who is trained or certified by the (DOSF) DICT to use the [AES] HES. Such


certification shall be issued by the OSH DICT, free of charge."

SEC. 6. Section 4 of Republic Act No. 8436, as amended, is hereby amended to read as

follows:

"SEC. 4. Information Technology Support for the Board of Canvassers. — fFe-
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."

SEC. 7. Section 5 of Republic Act No. 8436, as amended, is hereby amended to read as

follows:

“SEC. 5. Authority to use [an-Automated] A HYBRID Election System. — To carry
out the above-stated policy, the Commission on Elections, herein referred to as the Commission,
is hereby authorized to use fan-astemated} A HYBRID election system or systems in the same
election in different provinces [,]. THE SYSTEM SHALL BE A COMBINATION OF
THE AUTOMATED ELECTION SYSTEM AND THE MANUAL COUNTING
SYSTEM {whether} THROUGH A paper-based for-a-direetrecording electronic} election
system fas-it-may—deem-appropriate—and-practieal] for the process of voting, counting of

votes and canvassing/consolidation and transmittal of results of electoral exercises: fProvided-

Provided,—Thatleeal—gover its —whese—efieials have—been—the—subjeetof

dministrative charges within-sixteent4 ch pri he May 14,2007 election shall net-be:

chosen: Provided-finally Thi Jhall-be—choser-wihout-—the: consent of th
gunion-of i ed:—The- Jocal severientinitds used
this-provision—shall_refer highly-urbanized-ei provineeIn-sueceeding regular
. sons: ES shall _be—implemented—nationwide."JPROVIDED,

THAT THE MANUAL COUNTING SYSTEM UNDER THIS ACT SHALL NOT BE
IMPLEMENTED FOR OVERSEAS VOTING UNDER R.A. NO. 9189, AS AMENDED
BY R.A. NO. 10590."

SEC. 8. Section 8 of Republic Act No. 8436, as amended, is hereby amended to read as


follows:

"SEC. 8. The Advisory Council. — The Commission shall create an Advisory
Council, hereafter referred to as the Council, which shall be convened not later than
eighteen (18) months prior to the next 1 scheduled electoral exercise, and deactivated six months
after completion of canvassing {+Provided_for purposes of the 2007 elections/the Advisory
Couneil shall_be immediately convened-within_ten-(40}-days ater the effectivity of this Act}

"The Council shall be composed of the following members, who must be registered
Filipino voters, of known independence, competence and probity:

"(a) The {€ehairman-efthe—C ic on —"Informatior it
Fechnelogy {CICH}} SECRETARY OF THE DEPARTMENT OF INFORMATION
AND COMMUNICATIONS TECHNOLOGY (DICT) who shall act as the chairman of the
council;

"(B) THE RESPECTIVEC HAIRPERSONS OF THE SENATE COMMITTEE ON
ELECTORAL REFORMS AND PEOPLE'S PARTICIPATION AND THE HOUSE OF
REPRESENTATIVES COMMITTEE ON SUFFRAGE AND ELECTORAL REFORMS
WHO SHALL ACT AS EX OFFICIO MEMBERS;

“{(6)((C) One member from the Department of Science and Technology;

“fe}}(D) One member from the Department of Education;

“{{€}{(E) One member representing the academe, to be selected by the chair of the
Advisory Council from among the list of nominees submitted by the country's academic
institutions;

“(e)|(F) Three members representing ICT professional organizations to be selected
by the chair of the Advisory Council from among the list of nominees submitted by Philippine-
based ICT professional organizations. Nominees shall be individuals, at least one of whom
shall be experienced in managing or implementing large-scale IT projects;

4G) Two members representing nongovernmental electoral reform organizations, to
be selected by the chair of the Advisory Council from among the list of nominees submitted by
the country's nongovernmental electoral reform organizations;

“THREE OBSERVERS, REPRESENTING THE ACCREDITED CITIZENS' ARM
OF THE COMMISSION, AND THE DOMINANT MAJORITY AND MINORITY
PARTIES AS DETERMINED BY THE COMMISSION DURING THE IMMEDIATELY
PRECEDING ELECTION, SHALL BE INVITED DURING MEETINGS OF THE
ADVISORY COUNCIL FOR THE PURPOSE OF GATHERING INFORMATION IN AN


OPEN AND PROFESSIONALLY COURTEOUS MANNER AND SHOULD NOT
DISRUPT, OBSTRUCT, OR COUNTERMAND DECISIONS OF THE ADVISORY
COUNCIL.

"The {C ion-on-Information-and Communications Technology (GICPJ DICT, shall
include in its annual appropriation the funds necessary’ to enable the Council to effectively

perform its functions.”
SEC. 9. Section 12 of R.A. No. 8436, as amended, is hereby amended as follows:

"SEC. 12. 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,

Tease, rent, or other forms of acquisition, supplies, equipment, materials, software,
facilities, and other services, from local or foreign sources free from taxes and import duties,
subject to accounting and auditing rules and regulations. With respect to the May [£97-20-10]
2022 elections and succeeding electoral exercises, the system procured must have demonstrated
capability and been successfully used in a prior electoral exercise here or abroad. Participation in
the 2007 pilot exercise shall not be conclusive of the system's fitness.

"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 AUTOMATED ELECTION
SERVICES, UNDER THIS ACT, THE PROSPECTIVE BIDDER MUST HAVE
EITHER COMPLETED, WITHIN THE PERIOD SPECIFIED IN THE INVITATION
TO BID, A SINGLE LARGEST COMPLETED CONTRACT (SLCC) 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 BE AT LEAST FIFTY PERCENT (50%) OF
THE APPROVED BUDGET OF CONTRACT OR WITH PROVEN FINANCIAL,
TECHNICAL, AND ORGANIZATIONAL CAPABILITY TO CONDUCT SUCH
EXERCISE SO AS TO ENSURE THAT THE BIDDING AND PROCUREMENT SHALL
NOT UNREASONABLY LIMIT COMPETITION AND EQUITABLY BAR
PARTICIPATION OF CAPABLE SUPPLIERS, MANUFACTURERS, DISTRIBUTORS,
AND SERVICE PROVIDERS."

SEC. 10. A new Section 15 of R.A. No. 8436, as amended, is hereby inserted and the

succeeding sections shall be renumbered accordingly. The new Section 15 shall read as follows:

"SEC. 15. SUBSTITUTION OF CANDIDATES — AFTER THE LAST DAY OF
THE FILING OF CERTIFICATE OF CANDIDACY (COC), WHICH SHALL NOT BE
EARLIER THAN DECEMBER 15 PRECEDING THE DAY OF ELECTION, NO
SUBSTITUTION SHALL BE ALLOWED EXCEPT ON THE GROUND OF DEATH
OR DISQUALIFICATION: PROVIDED, THAT THE PERSON SUBSTITUTING THE
CANDIDATEWHO DIED OR — IS DISQUALIFIED BY FINAL JUDGMENT, MAY
FILE A COC UP TO MID-DAY OF ELECTION DAY: PROVIDED FURTHER, THAT
THE SUBSTITUTE AND THE SUBSTITUTED HAVE THE SAME SURNAMES:
PROVIDED, FINALLY, THAT A CANDIDATE WHO FILES A COC AS AN
INDEPENDENT CANDIDATE MAY ALSO BE SUBSTITUTED."

SEC. 11. Section 15 of Republic Act No. 8436, as amended, is hereby amended to read as

follows:

"SEC.{45}-16. Official Ballot. - [Fhe Commission—shall_preseribe-the-f th
electronie dlor-the-size and formof- i ‘ : sles of
P the official ballot which-shall_contain-the-titles-of

preferred-by_thefemale—candidate—Under—each—propositi be—vote—upon,the-cheiees



should —be i formaly—indieated—using —the—sar fe \i—size-(A) BALLOTS
FORNATIONAL, LOCAL, AND BARMM ELECTIONS, REGULAR ORSPECIAL,
PLEBISCITES, AND REFERENDA, SHALL BE PAPER-BASED, UNIFORM SIZED,
AND SHALL BE PRESCRIBED BY THECOMMISSION, TAKING INTO
CONSIDERATIONENVIRONMENTAL CONSIDERATIONS, WITH A REASONABLE
MINIMUM PAPER SIZE AND USING ONLY RECYCLED PAPER.THEY SHALL BE
PRINTEDINBLACKINKON SECURITY PAPERWITH DISTINCTIVE, CLEAR,
AND LEGIBLE WATERMARKS THAT WILL READILY DISTINGUISHIT FROM
ORDINARYPAPER. EACH BALLOT SHALL BEAR A SERIAL NUMBER AND ABAR
CODE, WHICH CAN BE SCANNED FOR THE PURPOSE OFPROJECTING THE
DIGITAL IMAGE OF THE BALLOT AND FORITS AUTHENTICATION. IT
SHALL BEAR AT THE TOP MIDDLEPORTION THEREOF THE COAT-OF-
ARMS OF THE REPUBLIC OFTHE PHILIPPINES, THE WORD “OFFICIAL
BALLOT", THENAME OF THE CITY OR THE MUNICIPALITY AND
PROVINCEIN WHICH THE ELECTION IS TO BE HELD, AND THE DATE
OFTHE 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 THECASE MAY BE, SHALL BE
AVAILABLE FOR VIEWING BY INTERESTED PARTIES ON THE COMMISSION'S
OFFICIAL WEBSITE AT LEAST FIVE (5) DAYS BEFORE THE ELECTIONS.

"(C) A DIGITAL IMAGE OF A SAMPLE OFFICIAL BALLOT MAY BE
AVAILABLE FOR VIEWING AND DOWNLOADING FROMTHE 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 OF THE CANDIDATE SHALL BE A SQUARE OR RECTANGLE,
ON WHICH THE VOTER WILL PLACE A SINGLE VERTICAL MARK TO
REGISTER A VOTE FOR ACANDI DATE OF THE VOTER'S CHOICE.

"(E)A fixed space where the chairman of the board of election inspectors
(BEl)shall affix his/her signature to authenticate the official ballot shall be provided.

{Ber-this-purpose. the -for the filing of —cortficate

id ion oe cect “ect scimate i .
pes eg Fes particip the-election—Any-per

the-start-of the campaign-peried for which-he fied his eertffieate-of “ ondidaey-/O>H/sfe4
—unlawfisl-aetS-or emissions-applicable didate shall —effeet-only-upon-that-start-of
7 see period Provided finally th . . . _
office-or position inchiding-active-members-of the-armed-forces-and-officers,-and-empleyees-i
government owned or controlled corporations shall be considered-resigned—from-his/her office

.d-snust-vacate-the-same-at-the start of the-day-of the filling ef —hissher certification of
Jitioal—partis hold_political :
P partie: p we

thirty-30)-days_before_the start of the period for filing certifi

"(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 BYPERSONS 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, AS PROVIDED UNDER SECTION 52(1) OF THE
OMNIBUS ELECTION CODE.

"(G)[With-respect-te--paper-based-eleetion-system_{]The PRINTING OF THE official
ballots shall be [printed] DONE by the National Printing Office and/or the Bangko Sentral ng


Pilipinas, USING THE PRINTING MACHINES THEY OWN, AND SHALL NOT BE
CONTRACTED OUT OR OUTSOURCED TO ANY PRIVATE OR PUBLIC PERSON,
ENTITY, OR AGENCY, DESPITE CLAIMS OF BETTER OR HIGHER CAPACITY
TO DO SO, NOT EVEN UNDER A VALID ACCREDITATIONPURSUANTTO
ANYLAW OR RULES AND REGULATIONS|at-the-priee-comparable-with-that-of

private-printers—under—properseourity_measures—whichthe- i hall_adeptThe

"(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.

"()) 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.

"A VIOLATION OF THIS SECTION SHALL CONSTITUTE A PRIMA FACIE
EVIDENCE OF ELECTORAL SABOTAGE AND A CONSPIRACY TO COMMIT
MASSIVE ELECTORAL FRAUD."

SEC. 12. Section 21 of Republic Act No. 8436, as amended, is hereby amended to read as

follows:

"SEC. [24]22. Counting Procedure. - The Commission shall prescribe the manner and
procedure of counting the votes under the automated system AND THE MANUAL
COUNTING SYSTEM: PROVIDED, THAT A SEPARATE ELECTION RETURN
SHALL BE PREPARED SHOWING THE RESULTS OF THE MANUAL COUNTING
OF THE BALLOTS, WHICH SHALL ALSO BE CANVASSED ALONGSIDE THE
ELECTRONICALLY TRANSMITTED AND DIGITALLY SIGNED ELECTION
RETURNS UNDER THE AUTOMATED SYSTEM: PROVIDED FURTHER THAT IF
THERE IS A DISCREPANCY OF AT LEAST TWO (2%) PERCENT OF THE
TOTAL NUMBER OF THE VOTES CAST BETWEEN THE RESULTS OF THE
AUTOMATED SYSTEM AND THE MANUAL COUNTING SYSTEM FOR ANY
POSITION, AN AUTOMATIC RECOUNT SHALL BE UNDERTAKEN FOR THAT
POSITION ONLY: PROVIDED FURTHER, THAT THE COMMISSION SHALL


SocwvxdsH eon

DEPLOY SUFFICIENT NUMBER OF TECHNICAL PERSONNEL TO ASSIST THE BEI
IN THE SAID RECOUNT. A COMPARISON SHALL BE MADE BETWEEN THE
DIGITALLY CAPTURED IMAGE OF THE BALLOT AND THE BALLOT
ITSELF BEFORE THE RECOUNT TO DETERMINE THE ROOT CAUSE OF THE
DISCREPANCY AND TO ASCERTAIN THE WILL OF THE VOTERS. THE RESULT
OF THE RECOUNT SHALL BE REFLECTED IN THE MANUALLY PREPARED
ELECTION RETURN WHICH SHALL BE CONSIDERED, ALONG WITH THE
UNAFFECTED ELECTRONICALLY TRANSMITTED AND DIGITALLY SIGNED
ELECTION RETURNS, INDETERMINING THE WINNING CANDIDATE FOR
THE SUBJECT POSITION; Provided FINALLY, that apart from the electronically stored
result, (hirty-(38))TWELVE (12) copies of the election return are printed AND TWELVE
(12) COPIES OF THE ELECTION RETURN FOR THE MANUAL — COUNTING
SYSTEM SHALL BE ACCOMPLISHED."

SEC. 13. 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 an electoral protest.

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
BEL 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.

SEC. 14. Section 22 of Republic Act No. 8436, as amended, is hereby amended to read as

follows:

"SEC. [22]23. Electronic Retums. - Each copy of the printed election retums
UNDER THE AUTOMATED SYSTEM shail bear appropriate control marks to
determine the time and place of printing. THE COMMISSION SHALL DESIGN THE
FEATURES OF THE ELECTION RETURNS UNDER THE MANUAL COUNTING
SYSTEM. Each copy shall 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 shall note the same in each copy of the printed
AND MANUALLY ACCOMPLISHED 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 each copy of the printed AND MANUALLY


we ene

Sowiu)

ACCOMPLISHED election return by any member of the board of election inspectors shall
be punishable as provided in this Act. The chairman of the board shall then publicly read and
announce the total numbers 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
AND WHETHER THERE IS A DISCREPANCY BETWEEN THE RESULTS OF THE
AUTOMATED SYSTEM AND THE MANUAL COUNTING SYSTEM, AND THE
DETAILS OF THE SAID DISCREPANCY, INCLUDING THE RESULT OF THE
RECOUNT, IF ANY.

‘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 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 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 compartment of the ballot box
for valid ballotsf.];

8. The eighth copy to the Provincial Board of Canvassers; AND

ional

. . dowat sorty-and- minority dance with
luntary—ag ong —them—Ifne-such-age is-reached_th ission—shall



H)} 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 possible].

43}The —twenty-seventh—_to-the thirtieth —eopiesie-the-majer—eitizen!” :
a edited —citicen’ 4 otk, pertison .
enlisted-by-the ission-pursuan jon —529(k)-of Batas—Pambansa—Blg—-884-Such
isons orm group sention-may-use-the-f ified copies-of eleot «
the-conduet-of citizens’ quieke he—local-or netional-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;

7. The seventh copy shall be deposited inside the compartment of the ballot box for
valid ballots;

8. The eighth copy to be posted conspicuously on a wall within the premises of the polling

place or counting center; AND.

+10} The—-nineteenth—and—twentieth-eopies-shall-be-gi he—two-aceredited-maj
Jocal-parties-in-aecordance-with-a-voluntary agree 1e-them:If-ne-such-agreementis
hed,_the-Commission-shall-deeide-which-parties shall reeeive-the-copies-on—thebasis-of

eriteria_analogous-te-that_provided_in Section 26-of Republi No-2166-


44)] 9) The [ewenty-first-to-the twenty-fiAhj] 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].

[43} The —twenty-sixth-and eventh—copies_to-local_broadeast-or-print-medi
entitie . stably determined-by—th sasio . .

citizens! _quick-counts-at-the-local-or-national_tevels-}"Immediately after ALL the (eight-copy)
COPIES (is) ARE printed AND COMPLETED, the poll clerk shall announce [the-pesting
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 retums 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 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 the precinct results
UNDER THE AUTOMATED SYSTEM 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). THE ELECTION RETURNS UNDER THE
MANUAL COUNTING SYSTEM SHALL BE TRANSMITTED TO THE MBOC/CBOC.

‘The election results at the city/municipality canvassing centers UNDER THE
AUTOMATED SYSTEM shall be ELECTRONICALLY transmitted in-the-same-manner
WHILE THE ELECTION RESULTS UNDER THE MANUAL COUNTING SYSTEM
SHALL BE TRANSMITTED THROUGH THE FASTEST MEANS AVAILABLE by

the election officer or any official authorized by the {e]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 22 HEREOF, THE MANUALLY ACCOMPLISHED
ELECTION RETURN SUBJECT OF THE RECOUNT SHALL BE CONSIDERED,
ALONG WITH THE UNAFFECTED ELECTRONICALLY TRANSMITTED AND
DIGITALLY SIGNED ELECTION RETURNS.

Fequenting parti Hie sponse!

15. Section 25 of Republic Act No. 8436, as amended, is hereby amended to read as

follows:

"SEC. [25]26. 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 electronically transmitted results or the results
contained in the data storage devices used in the printing of the election returns UNDER THE
AUTOMATED SYSTEM AND THE ELECTION RETURNS UNDER THE MANUAL
COUNTING SYSTEM. Upon completion of the canvass, it shall print AND
COMPLETE 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 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
printing of the election returns UNDER THE AUTOMATED SYSTEM AND THE
CERTIFICATE OF CANVASS UNDER THE MANUAL COUNTING SYSTEM. Upon
completion of the canvass, the board shall 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 electronically


SowuwrAueun

transmitted results or the results contained in the data storage devices used in the printing of the
election retums UNDER THE AUTOMATED SYSTEM THE ELECTION
RETURNS UNDER THE MANUAL COUNTING SYSTEM. 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 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 retums UNDER
THE AUTOMATED SYSTEM AND THE ELECTION RETURNS UNDER THE
MANUAL COUNTING SYSTEM. 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
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 city/municipal consolidating centers
or the results contained in the data storage devices UNDER THE AUTOMATED SYSTEM
AND THE CERTIFICATE OF CANVASS UNDER THE MANUAL COUNTING
SYSTEM submitted by the municipal board of canvassers of the component municipalities. Upon
completion of the canvass, it shall produce a certificate of the 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 city/municipal consolidating
centers or the results contained in the data storage devices UNDER THE AUTOMATED
SYSTEM AND THE CERTIFICATE OF CANVASS UNDER THE MANUAL
COUNTING SYSTEM submitted by the board of canvassers of the municipalities and
component cities. Upon completion of the canvass, it shall produce the certificates of canvass
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 certificates of canvass of votes shall each be

supported by a statement of votes.

"Within one hour 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 electronically transmit the certificate of canvass UNDER THE
AUTOMATED SYSTEM 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 Senate.
THEREAFTER, THE CERTIFICATE OF CANVASS UNDER THE MANUAL
SYSTEM SHALL ALSO BE TRANSMITTED, THROUGH THE FASTEST
MEANS AVAILABLE, TO THE SAME NATIONAL BOARD OF CANVASSERS.
"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 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
winning candidate) PROVIDED, THAT IN C: OF RECOUNT, AS
PROVIDEDUNDER SECTION 22 HEREOF, THE COMMISSION SHALLDEVISE A
SYSTEM WHERE THE RESULT OF THE RECOUNT FORTHE AFFECTED
POSITION WILL WORK TO ADJUST THERESULT OF THE SAID CERTIFICATE
OF CANVASS FOR THESAID POSITION IN THE PROCESS OF PROCLAMING
AWINNING CANDIDATE AND WITHOUT CHANGING THE ENTRIES IN THE
SAID ELECTRONICALLY TRANSMITTED AND DIGITALLY SIGNED CERTFICATE
OF CANVASS."

SEC. 16. Section 26 of Republic Act No. 8436, as amended, is hereby amended to read as

follows:

"SEC. [36] 27. Number of Copies of Certificates of Canvass of Votes and their
distribution. - (a) The certificates of canvass of votes UNDER THE AUTOMATED
SYSTEM AND UNDER THE MANUAL COUNTING SYSTEM, RESPECTIVELY, for
president, vice-president, senators, members of the House of Representatives, parties,

organizations or coalitions participating under the party-list fem 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, 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
"(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;
"() The seventh and eighth copies shall be given to the dominant majority and
minority parties; AND

{48)-The-ninth to eighteenth -copies-shall be _givente-ther tent cited! mai

1 parties -exeluding-the-dominant-majority-and-minority!-parties, i .

"(10)|(8) The fiwenty-first—te-the ewenty-fh] 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].

EBs ixand_twenty-seven_eopieste—loeal_broad - i

as eee Seether tt ate ppb Hin net bh See ite
groups—and_organization-may—tse the three certitied-copies of election return:
Seeetieite eh eiticeid ete eth fea aban deeds

"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 and senators, parties,
organizations or coalition participating under the party-list system 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 citizens’ arm to furnish
independent candidates copies of the certificates of canvass at the expense of the requesting
party.
"(5) The fifth copy to Congress, directed to the President of the Senate;
"(6) The sixth copy to be posted on a wall within the premises of the canvassing center;
"(7) The seventh and eighth copies to the dominant majority and minority parties; AND

ity inority, excluding the—domi sjority—and-minori jes:
determined by the Commissi he-basis_of-the-eriteria-provided-in Section 26-of Republic
Act Neo-H66:

"(10)] (8) The [eleventh-te-thisteenth] 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].

"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 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
AND COMPLETED COPY on a wall 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 [eleetion-return] CERTIFICATES OF 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. 17. Section 27 of Republic Act No. 8436, as amended, is hereby amended to read as

follows:

"SEC. [27] 28. National Board of Canvassers for Senators and Party-List
Representatives. - The chairman and members of the Commission on Election sitting en banc,
shall compose the national board of canvassers for senators. and _party-list
representatives. It shall canvass the results by consolidating the certificates of canvass
electronically transmitted UNDER THE AUTOMATED SYSTEM AND THE TRANSMITTED
CERTIFICATE OF CANVASS UNDER THEMANUAL COUNTING SYSTEM. Thereafter,
the national board shall proclaim the winning candidates for senators and party-list

representatives."

SEC. 18. Section 28 of Republic Act No. 8436, as amended, is hereby amended to read as

follows:

"SEC. {28] 29. 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 certificates of canvass for
president and vice-president duly certified by the board of canvassers of each province or
city, shall be electronically transmitted, IN THE CASE OF THE AUTOMATED
SYSTEM, AND MANUALLY DELIVERED, IN THE CASE OF THE MANUAL


COUNTING SYSTEM, 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 and thereafter, proclaim the winning candidates."

SEC. 19. Section 29 of Republic Act No. 8436, as amended, is hereby deleted.

SEC. 20. Communication Channels for Electronic Transmission. -Electronic
transmission which is defined under R.A. 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 supporting statements, and other related
documents shall utilize secure transmission channels with the following minimum-security
objectives:

(1) Strong authentication - each entity in the communications channel must prove its

y without

identity to the other by demonstrating knowledge of a key associated with the enti

revealing the key itself during the entire protocol;

(2) Mutual entity authentication;

(3) Mutual entity authentication;

(4) Data integrity;

(5) Non-reputation of origin;

(6) 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

(7) Auditability of transmission post-election - all records of transmission saved on all
the servers shall be stored and copies furnished the Joint Congressional Oversight Committee
on the Automated Election System (JCOC-AES) and Department of Information and
Communications Technology (DICT) in its original entirety. 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.

21


. Electronic transmission of the election returns and such other related documents from
the precinct level shall be forwarded to the Commission and to the national broadcast or print
media entities as may be equitably determined by the Commission

The aggregator for the purpose of transmission should not be the same as the

supplier of the machines used for the automated election system.

SEC. 21. Election Offenses under this Act. - In addition to the violations of the

pertinent provisions of this Act, the following shall also constitute election offenses:

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

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

(c) Any person who simulates the certification in a print of an election return;

(d) The chairman or any member of the board of election inspectors who, during the
prescribe period of posting, removes the election return from the wall on which it had been
posted other than for the purpose of immediately transferring it to a more suitable place;

(e) The chairman or any member of the board of election inspectors who signs or
authenticates a print of the election return outside of the polling place;

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

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

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

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

(j) The chairman or any member of the board of canvassers who, during the
prescribed period of posting, removes the certificate of canvass or its supporting statement of
votes from the wall on which they have been posted other than for the purpose of
immediately transferring them to a more suitable place;

(k)The chairman of any member of the board of canvassers who sign or authenticates a
print of the certificate of canvass or its supporting statement of votes outside of the polling place:
and

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

SEC. 22. Appropriations. -Such amounts as may be necessary to implement this Act

22


Seow uxwaunun

shall be included in the budget of the Commission in the next succeeding General

Appropriations Act.

SEC. 23. Separability Clause. - Should any portion of this Act be declared
unconstitutional, the other provisions or parts not affected thereby shall remain valid and

effective.

SEC. 24. 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. 25. Effectivity. - This Act shall take effect fifteen (15) days after its publication in

the Official Gazette or a newspaper of general circulation.

Approved,

23