Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No. 8475

INTRODUCED BY REPRESENTATIVE XAVIER JESUS D. ROMUALDO

EXPLANATORY NOTE

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
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.

Accordingly, the support of the Members of Congress for the timely approval of this bill is
eamestly sought.

‘R JESUS D. ROMUALDO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL NO. 8475

INTRODUCED BY REPRESENTATIVE XAVIER JESUS D. 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:

Q SECTION 1. Title. - This Act shall be known as the "Hybrid Election Act’.

2 SEC. 2. Coverage. - The coverage of the provisions of this Act shall be applicable

3 to the conduct of the elections on May 2022 and all national, local, and the Bangsamoro

4 Autonomous Region in Muslim Mindanao (BARMM) elections thereafter.

5 SEC. 3. Section 1 of Republic Act No. 8436, as amended, is hereby amended

6 to read as follows:

8 "SECTION 1. Declaration of Policy. — It is the policy of the State to ensure free,
9 orderly, honest, peaceful, credible and informed elections, plebiscite, referenda, recall and
10 other similar electoral exercises by improving on the election process and adopting

11 systems, which shall involve the use of [an automated] A HYBRID election system that



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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:
"|, Automated} HYBRID clection system, hereinafter referred to as [AES] HES - a
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 fin-areas-where-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


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"5. 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;

program _records—voting-d \d_ballot_images,—and_transmits—voting rest

“4948. 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;

“f10}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;


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“H12}10, Source code - human readable instructions that define what the
computer equipment will do; and

“f43}11. 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-ABS-shalt-be-adepted,
atleast-AT LEAST one member of the Board of Election Inspectors shall be an
information technology-capable person, who is trained or certified by the OST)
DICT to use the [AES] HES. Such certification shall be issued by the (OST)

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. —{Fe-
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


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read as follows:

"SEC. 5. Authority to wse-fan-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-automated} 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} FHROUGH A paper-based fora-direet- recording electronic} election

system_fas-it-may—deem-appropriate-and-praetieal] for the process of voting,

counting of votes and canvassing/consolidation and transmittal of results of

electoral exercises-

which-shall-be-held-immediately-after-effeetivity-of-this Act, the AES shall be

implemented—nationwide-} PROVIDED, 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."


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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 [:—Previded—for

"The Council shall be composed of the following members, who must be registered

Filipino voters, of known independence, competence and probity:

"(@) The — {€chairman-of-the —Commission—on—"Infor nd
Communications—Technology—(CICH)] SECRETARY OF THE DEPARTMENT
OF INFORMATION AND COMMUNICATIONS TECHNOLOGY (DICT) who
shall act as the chairman of the council;

"(B) THE RESPECTIVE CHAIRPERSONS 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}4(D) One member from the Department of Education;

"(4)}(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;

“{(@)(F) Three members representing ICT professional organizations to be

selected by the chair of the Advisory Council from among the list of nominees submitted


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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;

"[(Q(G) 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 — [Commission—on—Information—and—Communications—Teehnology-

(GICHJ DICT, shall include in its annual appropriation the funds necessary’ to enable the

Council to effectively perform its functions."


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SEC. 9. 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, lease, 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


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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 INEQUITABLY 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 CANDIDATE WHO 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 INDEPENDEI

CANDIDATE MAY ALSO BE SUBSTITUTED."


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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—shell preseribe-the formatof

indieated-using-the-samefont-and-size} (A) BALLOTS FOR NATIONAL, LOCAL,
AND BARMM ELECTIONS, REGULAR OR SPECIAL, PLEBISCITES, AND
REFERENDA, SHALL BE PAPER- BASED, UNIFORM SIZED, AND SHALL BE
PRESCRIBED BY THE COMMISSION, TAKING INTO CONSIDERATION
ENVIRONMENTAL CONSIDERATIONS, WITH A REASONABLE MINIMUM
PAPER SIZE AND USING ONLY RECYCLED PAPER. THEY SHALL BE
PRINTED IN BLACK INK ON SECURITY PAPER WITH DISTINCTIVE,
CLEAR, AND LEGIBLE WATERMARKS THAT WILL READILY

DISTINGUISH IT FROM ORDINARY PAPER. EACH BALLOT SHALL BEAR A


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SERIAL NUMBER AND A BAR CODE, WHICH CAN BE SCANNED FOR THE
PURPOSE OF PROJECTING THE DIGITAL IMAGE OF THE BALLOT AND
FOR ITS AUTHENTICATION. IT SHALL BEAR AT THE TOP MIDDLE
PORTION THEREOF THE COAT-OF-ARMS OF THE REPUBLIC OF THE
PHILIPPINES, THE WORD "OFFICIAL BALLOT", THE NAME OF THE CITY
OR THE MUNICIPALITY AND PROVINCE IN WHICH THE ELECTION IS TO
BE HELD, AND THE DATE OF THE ELECTION.

"(B) THE OFFICIAL BALLOT SHALL BE SERIALLY NUMBERED AND
SHALL BE DELIVERED TO, AND CORRESPOND TO, SPECIFIC PRECINCTS
OR CLUSTER OF PRECINCTS, AS THE CASE MAY BE, WHICH SHALL HAVE
CORRESPONDING AND EXCLUSIVE BALLOT IDENTIFICATION NUMBERS
SEPARATE FROM THE SERIAL NUMBER OF THE INDIVIDUAL BALLOTS.
FOR PURPOSES OF TRANSPARENCY, THE BALLOT IDENTIFICATION
NUMBERS AND THE SERIAL NUMBER OF THE BALLOTS
CORRESPONDING TO EACH PRECINCT OR CLUSTER OF PRECINCTS, AS
THE CASE MAY BE, SHALL BE 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 FROM THE
COMMISSION'S WEBSITE, MINUS THE SECURITY FEATURES, AND

ACTUAL BAR CODES FOR AUTHENTICATION.

"(D) THE OFFICIAL BALLOT SHALL CONTAIN THE TITLES OF THE


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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 A

CANDIDATE OF THE VOTER'S CHOICE.

"(E) A fixed space where the chairman of the board of election inspectors (BEI)

shall affix his/her signature to authenticate the official ballot shall be provided.



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from-histher—offiee—and-must-vacate-th -the-start-of-the-day-of the fling-of

"(F)THE FOREGOING PROVISIONS NOTWITHSTANDING,

THE COMMISSION IS HEREBY AUTHORIZED TO PRESCRIBE A
DIFFERENT FORM OF OFFICIAL BALLOT ON THE SAME WATERMARKED
SECURITY PAPER TO FACILITATE VOTING BY PERSONS WITH
DISABILITIES AND BY PERSONS WHO ARE UNABLE TO READ OR WRITE
ONLY. THE COMMISSION SHOULD USE OR ADOPT THE LATEST
TECHNOLOGICAL AND ELECTRONIC DEVICES IN CONNECTION
THEREWITH, AS TO ENABLE SUCH VOTERS TO CONFIRM THAT THE
ACCOMPANYING PERSON TRULY ADHERED TO THE VOTER'S CHOICE
OF CANDIDATES, AS PROVIDED UNDER SECTION 52(1) OF THE OMNIBUS

ELECTION CODE.

""(G) [With-respeet-to-a-paper-based-election-system,4]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

ACCREDITATION PURSUANT TO ANY LAW OR RULES AND


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"(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.

"(D 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;424}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


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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 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, IN DETERMINING THE
WINNING CANDIDATE FOR THE SUBJECT POSITION; Provided FINALLY,
that apart from the electronically stored result, (thirty-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."


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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 BEI or personnel of the Commission in social media or in any other
platform, digital or otherwise. Any violation of this paragraph shall constitute as an

election offense under this Act.

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

"SEC. [22]23. Electronic Returns. - Each copy of the printed election returns
UNDER THE AUTOMATED SYSTEM shall 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 ACCOMPLISHED election return by any


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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 retumns 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


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44)] 9. The [twenty-first-to-the-twenty-fourth] NINTH TO THE TWELFTH
copies, to national broadcast or print media entities as may be equitably determined by the

Commission in view of propagating the copies to the widest extent possible].



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"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

{9}-The-ninth-to- the-eighteenth copies shall-be-given-to-the-ten-(10)-aceredited

major-nationalparties,exehiding—the—dominant—majority—and-minority-parties, in



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1))] 9) The ftwenty-firstto-the twenty-fifth} NINTH TO THE TWELFTH copies,

to national broadcast or print media entities as may be equitably determined by the

Commission in view of propagating the copies to the widest extent possible].

{12)Phe—-twenty-sixth and—twenty- sh_copiesto-looal_broadeast-or pri

"Immediately after ALL the (eight-eopy) COPIES (is) ARE printed AND
COMPLETED, the poll clerk shall announce fthe-posting-of said-copy} THAT THE
RELEVANT COPIES FOR POSTING ARE BEING POSTED on a wall within the
premises of the polling place or counting center, which must be sufficiently lighted and
accessible to the public. Any person may view or capture an image of the election returns
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


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"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.


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

to read as follows:

"SEC. 425}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


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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
transmitted results 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 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
returns 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


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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


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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 CASE OF RECOUNT, AS
PROVIDED UNDER SECTION 22 HEREOF, THE COMMISSION SHALL
DEVISE A SYSTEM WHERE THE RESULT OF THE RECOUNT FOR THE
AFFECTED POSITION WILL WORK TO ADJUST THE RESULT OF THE SAID
(CERTIFICATE OF CANVASS FOR THE SAID POSITION IN THE PROCESS OF
PROCLAMING A WINNING 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:


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"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 system 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;

"(7) The seventh and eighth copies shall be given to the dominant majority and
minority parties; AND

{48)-The ninth to eighteenth copies shall-be given te-the:ten-10) accredited - maj

‘national —parties, —excludingthe—der fnajority i rority'—parties;



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a.

"(10)](8) The fiwenty-firstto-the-twenty-Ai8h] 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].

£2CH)-The twenty-six and twenty-seven copies:te local broadeast-or print media

election -returns—for the conduct of citizens! quick cot helo naHlevels:}

"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

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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

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"(10)] (8) The feleventhto—thirteenth} NINTH TO TWELFTH copies to

broadcast media entities as may be equitably determined by the Commission in view of

propagating the copies to the widest extent possible].

"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

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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 feleetion-retura] 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-427} 28. National Board of Canvassers for Senators and Party-List
Representatives. - The chairman and members of the Commission on Election
sitting en bane, 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
THE MANUAL 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-428} 29. Congress as the National Board of Canvassers for President

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

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without 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.

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.

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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;

() 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,

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

statement of votes;
@) 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 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


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

2 publication in the Official Gazette or a newspaper of general circulation,