AN ACT
PROVIDING FOR TIIE CONDUCT OF IIYBRID NATIONAL,
LOCAL AND BANGSAMOR0 AUTONOMOUS REGION HLHCTI0NS,
THROUGH MANUAL VOTING AND COUNTING AT THE PRECINCT
LEVEL, AND AUTOMATED TRANSMlssloN AI`m cANVAsslNG, AND
FOR OTHER PURPOSES
EXPLANATORY NOTE
This bill aims to address the issues of a fully automated election system. In
having a manual voting and counting, the public will have an unimpeded view of
the real tine input of votes. Also, the total number of valid ballots used as well as
the results will reflect both in a manual and digital election returns. In case of a
discrepancy  between the  manual  and  digital  election  returns,  the  former  shall
prevail. In addition, the digital election return will be projected while the entries
are being recorded in real time for the benefit of the viewing public. In this way,
the voters will be able to ascertain the accuracy between the actual casted votes
and those being transmitted electronically.
This mode will strengthen the integrity of the elections and forego with the
issues like eady and inaccurate transmission of votes. With this hybrid system of
manual voting and counting at the precinct level and automated transmission and
canvassing,  all  subsequent  elections  will  surely  be  accurate  and  transparent.
Hence, the passage of this bill is earnestly sough
HON.
L M. MORDEN


Republic of the Philippines
HousE oF REPRESENTATlvns
Quezon City, Metro Manila
NINETEHNTH CONGRESS
First Regular Session
HOUSEBILLN^o-.      8440
INTRODUCED BY HON. MICHAEL M. MORDEN
JEN ACT
PROVIDING FOR THE CONDUCT OF HYBRID NATIONAL,
LOCAL AND BANGSAMORO AUTONOMOUS REGION ELECTIONS,
TrmouGH MANUAL VOTING AND couNTING AT THE
PRECINCT LEVEL, AND AUTOMATED TRANSMISSION AND
CANVASSING, AND FOR OTTHR PURPOSES
Be it enacted by the Senate and the House of Representatives in Congress
assembled:
SHCTION 1. Title. -This Act shall be known as the ''rfoc Hj/brz.dE/eat.o# Act a/
2022,, .
SECTION  2.  Coverage.  -  The  coverage  of the provisions of this Act  shall  be
applicable to the conduct of the election on all national and local elections.
SHCTI0N 3. Filing of Certificates of Candidacy.-The certificate of candidacy of
any person running for the office of President, Vice-President,  Senator,  Member of the
House  of Representatives,  Party-list  Representative  or  any  elective  provincial,  city  or
municipal  official  shall  be  filed  in  five  (5)  legible  copies  with  the  offices  of  the
Commission specified hereunder not later than the day before the date legally fixed for the
beginning of campaign period, to wit:
I  .  For  President,  Vice-President,  Senators  and  Party-list  Representatives  90  days
before the day of elections; and


2. For Members of the House of Representatives, and Elective Provincial, City, and
Municipal Officials 45 days before the day of elections.
(a) The certificate of candidacy for President, Vice-President, Senators and Party-list
Representatives shall be filed with the main office of the Commission in Manila;
(b) The  certificate of candidacy  for the  Members  of the House of Representatives
shall be filed with the provincial election supervisor of the province concerned. Those
for legislative districts in the National Capital Region shall be filed with the regional
election director of said region and those for legislative districts in cities outside the
National Capital Region which comprise one or more legislative districts shall be filed
with the city election registrar concerned;
(c) The  certificate  of  candidacy  for  provincial  offices  shall  be  filed  with  the
provincial supervisor concerned; and
(d) The certificate of candidacy for city or municipal offices shall be filed with the
city or municipal election officer concerned.
Whenever practicable, the names of registered candidates for local positions shall be
printed in the election returns: Provided, That, if a candidate has been disqualified or
declared  a nuisance  candidate,  it  shall  be  the  duty  of the  Commission to  instruct
without delay the appropriate election officials to delete the name of said candidate as
printed in the election return.
The candidate shall file the certificate of candidacy personally or by his duly authorized
representative. No certificate of candidacy shall be filed or accepted by mail, telegram or
facsinile.
SECTION 4. Official Ballots.-
(a) Ballots  for  national  and  local  elections,  regular  or  special,  plebiscites  and
referenda, shall be of uniform size 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 be in
the shape of a strip with stub and detachable coupon containing the serial number
both on the upper and lower detachable  coupon of the ballot,  and a space for the
thumbmark of the voter on the  detachable  coupon.  It  shall  bear  at the top  of the
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,  the  date  of the  election,  and  the  following  instruction  in
English:  "Fill out this ballot secretly inside the voting booth. Do not put any distinct
mark on any part of this ballot. "
(b) The  official  ballot  shall  be  serially  numbered  and  shall  be  delivered  to  and
correspond to specific precincts or cluster or precincts, as the case maybe, which shall
have  corresponding  and  exclusive  ballot  identification  numbers  separate  from  the


serial number of the individual ballots. For purposes of transparency, the ballot ID and
the serial number of the ballots corresponding to each precinct or cluster or 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, mimrs the security features and actual
bar codes for authentication.
(d) The official ballot shall also contain the names of all the offices to be voted upon
in the election, allowing opposite the name of each office, sufficient space or spaces
with horizontal lines where the voter may write the name or names of the individual
candidates   being   voted   upon,   as   provided   in  the   list   of  candidates   and   the
corresponding elective positions, as pasted inside the inner flap of the ballot secrecy
folder;   Provided, that:  any defacement, vandalism, marking or writing on said list
inside  the  ballot  secrecy  folder,  which  shall  in  anyway  suggest  to  the  voter  the
candidate or candidates to be voted upon, or shall deprive said voter of his right to
vote the candidates that he/she chooses to vote, shall constitute an election offense, as
provided in this Act.
(e) There shall not be anything printed or written on the back of the ballot except as
provided in Section 5 of this Act.
(I)  Official ballot for cities and municipalities where Arabic is of general use shall
have each of the titles of the offices to be voted for printed in Arabic in addition to
and immediately below the English title.
(g) The foregoing provisions notwithstanding, the Commission is hereby authorized
to prescribe a different form of official ballot on the same watelmarked security paper
to  facilitate  voting  by  illiterate  and  specially  abled  voters  only.  The  Commission
should  use  or  adopt  the  latest  technological  and  electronic  devices  in  connection
therewith,  as to  enable  such  illiterate  or  specially  abled  voter to  confirm that  the
accompanying person tn]ly adhered to the voter's choice of candidates, as provided
under Section 52(i) of the Omnibus Election Code.
SECTION 5. Printing of Official Ballots. - The printing of official ballots shall
be exclusively done by the National Printing Office 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,
rules or regulation.
A  violation  of this  Section  shall  constitute  a  prina  facie  evidence  of  electoral
sabotage and a conspiracy to commit massive electoral fraud.
SECTION  6.  Authentication  of Ballot  and  Signature  of Chairman  and
Watchers  at  the  Back  of Every  Ballot.  -  ln every  case  before  delivering  an
official ballot to the voter, the chairman of the board of election inspectors,  in the
presence of the poll watchers and the voter, shall scan the ballot under an official bar
code scamer to authenticate the same. Thereafter, the Chairman and the watchers for
the dominant majority party and dominant minority party shall affix their signatures at


the back thereof. Failure to authenticate shall constitute an election offense punishable
under Section263  and 264 of the Omnibus Election Code and shall be noted in the
minutes of the Board of Election Inspectors. The same manner of authentication of the
ballots under the bar code scanner shall likewise be observed before reading the ballot
during the counting of votes after the closing of the polls.
SECTION 7. Manner of Counting Votes. - In addition to the requirement in the
fourth paragraph of Section 12 of the Republic Act No. 6646 and Section210 of the
Omnibus  Election  Code,  in  reading  the  official  ballots  during  the  counting,  the
chaiman, the poll clerk and the third member shall position themselves in a manner
that will provide the watchers and the public, an unimpeded view of the ballot being
read by the chairman, the election return, and the tally board being simultaneously
accomplished by the poll clerk and the third member respectively, without touching
any of these election documents. The table shall be cleared of all umecessary writing
paraphernalia. Any violation of this requirement shall constitute an election offense
punishable under Section 263 and 264 the Omnibus Election Code.
Before the start of the counting, the Chairman shall first ascertain whether the back of
every  ballot  contains the  signatures  of the  Chairman and watchers  as required by
Section 5 hereof. Any ballot without the required signatures shall be rejected.
a.   The  Chairman  shall  first  read  the  votes  for  national  positions  and  party  list
choices, and the necessary election returns shall be filled out for such positions
only, thereby reducing the time for counting, as well as the size of paper to be
utilized for the election returns.
Thereafter, the members of the Board shall terminate the counting and prepare the
election returns as they await distribution to the authorized watchers, as provided
under Section 8 hereof.
b.   After the reading of the votes  for the national positions and the party  list,  the
chairman shall then proceed with the reading of the votes for the local positions
and  the  corresponding  election  return  shall  be  filled  out  and  prepared  and
distributed as provided in Section 8 hereof.
Any  violation  of this  Section,  or  any  of its  pertinent  portions,  shall  constitute  an
election offense and shall be penalized in accordance with Batas Pambansa 81g. 881.
SECTION 8, Counting of Votes to be Public. - As soon as the voting is finished,
the board of election inspectors shall publicly count in the polling place the votes cast
and ascertain the results. The board may rearrange the physical set up of the polling
place for the counting or perform any other activity with respect to the transition from
vote counting.   However, it may do so only in the presence of the watchers and within
close view of the public. At all times, the ballot boxes and all election documents and
paraphernalia shall be within close view of the watchers and the public.
The Board of Election Inspectors shall not adjourn or postpone or delay the counting
until it has been fully completed, unless otherwise ordered by the Commission.
The Commission, in the interest of free, orderly, and honest election, may authorize
the board of election inspectors to  count the votes  and to  accomplish the election


return and other forms prescribed under the code in any other place within a public
building  in  the  same  municipality  or  city  on  account  of  i-inent  danger  of
widespread violence or similar causes of comparable magnitude:  Provided, That the
transfer shall  been recommended in witing by the board of election inspectors  by
unanimous  vote  and  endorsed  in  writing  by  the  majority  of  watchers  present:
Provided,  further,  that  the  said  public  building  shall  not  be  located  within  the
perimeter of or inside a military or police camp, reservation, headquarters, detachment
or field office nor within the premises of a prison or detention bureau or any  law
enforcement or investigation agency.
Any  violation  of this  section,  or  any  of its  pertinent  portions,  shall  constitute  an
election offense and shall be penalized in accordance with Batas Pambansa 81g. 881.
SECTION 9. Election Returns. - The Board of Election Inspectors shall prepare
the election returns simultaneously with the counting of votes in the polling places as
prescribe in Section 210 of Batas Pambansa 81g. 881. The recording of vote shall be
made as prescribed in the said section. The entry of votes in words and figures for
each  candidate  shall  be  closed  with  the  signature  and  the  clear  imprint  of  the
thumbmark of the right hand of all the members, likewise to be affixed in full view of
the public, immediately after the last vote recorded or immediately after the name of
the candidate who did not receive any vote.
The returns shall also show the date of the election, the polling place, the barangay and
the city or municipality in which it .was held, the total number of ballots found in the
compartment  for valid ballots,  the total  number of valid ballots withdrawn from the
compartment  for  spoiled  ballots  which  were  erroneously  placed  therein,  the  total
number of excess ballots,  the total number of marked or void ballots,  and the total
numbers of votes obtained by each candidate. These pieces of information that shall be
written in words and in figures and, at the end thereof, the board of election inspectors
shall certify that the contents are correct. The returns for national positions and party
list shall be accomplished in a single sheet of paper,  in such cases, additional sheets
may  be  used  which  shall  be  prepared  in the  same  marmer     as the  first  sheet  and
likewise certified by the board of election inspectors.
The Commission shall take steps so that the entries on the first copy of the election
returns  are  clearly  reproduced  on  the  second,  third,  fourth,  fifth,  and  sixth  copies
thereof, and for that purpose, the Commission shall use a special kind of paper.
SECTION  10. Digital Election Returns. -   Simultaneous to the counting of the
votes  and  the  filling  out  of  the  election  returns,  there  shall  be  an  independent
technician who shall enter the votes, as they are counted, into a digital spread sheet,
which shall serve as the Digital Election Return, in a laptop provided for the puxpose,
which spread sheet shall also be projected on a screen while the entries are recorded in
real time for the watchers to validate and the public to see.
The Digital Election Return shall be equipped with such encryption and programs to
ensure that the technician, or any person, cannot make alterations in any of the entries
therein, or the results of the counting, except in case of discrepancy with the manual
election return as provided below. Likewise, the laptop shall be configured to confine


its operation only for this purpose and to transmit the results of the counting to a secure
server as hereinafter prescribed.
Immediately  upon  the  accomplishment  of the  manual  election  retuni  for  national
positions, the poll clerk shall announce the posting of the second copy of the election
return on  a wall  with  sufficient  lighting  within the premises  of the  polling place  or
counting center. He shall 4 then proceed to do the sane in the presence of the other
members of the Board, the watchers and those present in the polling place or counting
center.  Without  delay  and,  when  feasible,  he  shall  secure  an  image  of the  election
return using a secured data capturing device and immediately thereafter, while in the
premises of the polling place or counting center, directly print thirty (30)copies of the
manual election return.
Likewise, the independent technician, without turning off the projected results on the
screen,  shall  print  out  one  copy  of the  digital  election  return as  filled  out,  and  the
members of the board and the poll watchers shall be asked to authenticate the same by
comparing the results as printed with the second copy of the manual election return as
posted and armounced.
Should the results of the digital election return be found to be the same as that of the
manual, the members of the board and the poll watchers shall affix their signatures and
thumb prints in the spaces provided and the same shall be placed in the compartment
for valid ballots in the ballot box.
Should there be any discrepancy between the digital and the rmnual election returns,
the  results  in  the  manual  election  return  shall  prevail.  However,  for  purposes  of
electronic transmission, the chairman, the poll clerk and the third member shall encode
their digital signatures into the laptop to allow the necessary corrections in the digital
election return to conform to the results as reflected in the manual election return. The
erroneous  digital  return  shall  be  tom  by  half  lengthwise  and  placed  inside  the
compartment for spoiled ballots inside the ballot box.
Thereafter,  the  technician  shall  print another copy  of the  digital  election retun and
shall allow the board and the poll watchers to scrutinize and authenticate the same as
prescribed above. When there is no more discrepancy in the results, the board and the
poll  watchers  shall  affix  their  signatures  and  thumb  prints,  and  the  correct  digital
election return shall  be  placed  in the compartment  for valid  ballots  inside  the  ballot
box.
Finally, the board shall  again enter their respective digital signatures to whte-protect
the memory card containing the digital election return and the  image of the manual
election return, and authorize the electronic transmission of the results to the various
secure servers as prescribed herein.
Once the printouts for the image of the manual election return have been produced,
the poll clerk shall call the other members of the board to authenticate each print copy
by  closely  comparing  the  same  with  the  election  return  posted  on  the  wall  in  the
presence of the watchers and within view of the public. If the board finds each print a
faithful reproduction of the election return, all members thereof shall annotate  and
sign a certification to that effect on the bottom front of the print.


Each certified printed copy shall be placed in an envelope and distributed as herein
provided. Designated recipients of the certified print copies may receive their copies
at the polling place or counting center.
Immediately upon the accomplishment of the election returns for local position, the
second copy of the same shall be posted on a wall with sufficient lighting within the
premises of the polling place.
The digital election return shall be printed out and authenticated as prescribed above
for the national positions.
The  other  copies  of election  returns  for  both  national  and  local  position  shall  be
sealed  in  the  presence  of the  watchers  and  the  public,  and  placed  in  the  proper
envelope, which shall likewise be sealed and distributed as herein provided.
Any  election     return     with a separately printed  serial  number or which bears  a
different serial number from that assigned to the particular polling place concerned
shall  not be  canvassed  and  shall  be  declared  as  spurious and  fake,  alrd  shall  be  a
ground for a pre- proclanation controversy. This is to be determined by the board of
canvassers prio+ to its canvassing on the basis of the certification of the provincial,
city or municipal treasurer as to the serial number of the election return assigned to
said voting precinct, unless the Commission shall order in whting for its canvassing,
stating the reason for the variance in serial numbers.
If  the  signatures  and/or  thumbmarks  of the  members  of  the  board  of  election
inspectors or some of them as required in this provision are missing in the election
returns, the board of canvassers may summon the members of the board of election
inspectors concerned to complete the returns.
The citizen's arm is mandated to present for perusal its copy of the election return to
the board of election canvassers upon the request of any interested candidate.
Any  violation  of this  election  or  its  pertinent  portion,  shall  constitute  an  election
offense and shall be penalized in accordance with Batas Pambansa 81g. 881.
SECTION   11.   Number   of   Copies   of   Election   Returns   and   their
Distribution.  -The Board  of Election Inspectors  shall prepare  in handwriting the
election  returns  in  their  respective  polling  place,  in  the  number  of copies  herein
provided and in the form to be prescribed and provided by the Commission.
The Chairman of the Board of Election Inspectors shall distribute the copies of election
retuns as follows:
(a)  In the election of President, Vice-President, Senators and Members of the House
of Representatives including the Party-list Representatives:
1 ) The digital election return shall be electronically transmitted to the secure
servers  and  the  first  copy  of the  manual  election  return,  as  digitally


captured and printed,  shall be delivered to city or municipal Board of
Canvassers immediately after the closing of the polls;
2) The second copy to be posted on a wall within the premises of the polling
place;
3) The third copy, to the congress, directed to the President of the Senate;
4) The fourth copy, to the Commission;
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,  to  a citizens'  arm authorized  by  the  Commission to
conduct an unofficial count:  Provided, however, That the accreditation
of the citizens' arm shall be subject to the provision of Section 52(k) of
Batas Pambansa 81g. 881 ; and
8) The eighth copy shall be deposited inside the compartment of the ballot
box for valid ballots.
(b)  In the election of local officials;
1 ) The digital election return shall be electronically transmitted to the secure
servers  and  the  first  copy  of the  manual  election  return,  as  digitally
captured  and  printed,  shall  be  delivered  to  city  or municipal  board  of
canvassers immediately after the closing of the polls;
2) The second copy to be posted on a wall within the premises of the polling
place;
3)  The third copy, to the Commission;
4) The fourth copy, to the provincial board of canvassers;
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, to a citizens' authorized by the Commission to conduct
an  unofficial  count:  Provided,  however,  that  the  accreditation  of the
citizens'  arm shall be subject to the provisions of Section  52(k)of Batas
Panbansa 81g. 881 ; and
8) The eighth copy  shall  be deposited inside the compartment of the ballot
box for valid votes.


The copy of the election return posted on the wall shall be open for public viewing at
any time of the day for forty-eight (48) hours following its posting.- Any person may
view or capture an image of the election return 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 the prescribed period for posting, the chairman of the board
of election inspectors shall collect the posted election returns and keep the same in his
custody to be produced for image or data capturing as may be requested by any voter or
any lawful purpose as may be ordered by competent authority.
Except for those copies that are required to be delivered, copies of election returns may
be claimed at the polling place. Any unclaimed copy shall be brought by the chairman
of the board of election inspectors to the canvassing center where the recipients or their
representatives may claim them. Copies still unclaimed at the canvassing center shall be
deemed placed in the custody of the chairman of the board of election inspectors, who
shall produce them when requested by the recipient or when ordered by a competent
authority.
The Thirty (30) certified print copies of the election return for national positions shall
be distributed as follows:
(a) The  first  fourteen  (14)  copies  shall  be  given  to  the  fourteen  (14)  accredited
major national parties in accordance with a voluntary agreement among them.
If no  such agreement is reached, the Commission shall decide which parties
shall receive the copies on the basis of the criteria provided in Section 26 of
Republic Act 7166;
(b) The next three copies shall be given to the three accredited major local parties in
accordance with a voluntary agreement aniong them. If no such agreement is
reached, the Commission shall decide which parties shall receive the copies on
the basis of criteria analogous to that provided in Section 26 of Republic Act
7166;
(c) The next five copies shall be given to national broadcast or print media entities
as may be equitably detemined by the Commission in view of propagating the
copies to the widest extent possible;
(d) The next two copies shall be given to local broadcast or print media entities as
may be equitably determined by the Commission in view of propagating the
copies to the widest extent-possible;
(e) The  next  four  copies  to  the  major  citizens'  arms,  including  the  accredi.ted
citizens' arms and other non-partisan groups or organizations enlisted by the
Commission pursuant to Section 52(k) of Batas Pambansa 81g. 881 ;
(I)  The next copy to be placed inside the compartment of the ballot box for-valid
ballots; and
(g) The last copy to the provincial board of canvassers.
The certified print copies may be claimed at the polling place. Any  unclaimed copy
shall be brought by the chairman of the board of election inspectors to the canvassing
center where the recipients or representatives may claim them. Copies still unclaimed
at the canvassing center shall be placed in the custody of the chaiman of the board


election inspectors, who shall produce them when requested by the recipient or when
ordered by a competent authority.
Any provision of law to the contrary notwithstanding, any of the recipients of the print
or digital  copies  of the  election return may  conduct  an unofficial  consolidation of
votes and may amounce the result to the public.
The  Commission  shall post its digital  files  in its website for the public to  view or
download at any time of the day.  The Commission  shall maintain the  files at least
three years from the date of posting.
Any  violation  of this  section,  or  its  pertinent  portion,  shall  constitute  an  election
offense and shall be penalized in accordance with Batas Pambansa 81g. 881.
SECTION  12. The Use of a Tally Board Not AIIowed. - The use of a tally
board, commonly used by Boards of Election Inspectors at the precinct level is no
longer allowed and shall be replaced by the projected real-time input of results in the
digital election return, as provided above.
SECTION 13. Canvassing by Provincial City, District, and Municipal Board of
Canvassers.
a. The  city  or  municipal  board  of canvassers  shall  canvass  the  electronically
transmitted  election  return  for  President,  Vice  President,  Senator,  party-list
representatives and Members of the House of Representatives and for elective
provincial  and  city  or  municipal  officials:     Provided,  That  the  returns  for
national positions shall be canvassed first. Upon completion of the canvass, it
shall   prepare   the   certificate   of  canvass   for  Representatives   and   elective
provincial officials, announce the results of the election for national positions
in  the  city   or  municipality   and,  thereafter,  proclaim  the   elected  city   or
municipal officials, as the case may be.
b.   The  city  board  of canvassers  of cities  comprising  one  or  more  legislative
districts   shall   canvass   the   electronically   transmitted   election   returns   for
President,  Vice-President,  Senator, party-list representatives,  Members of the
House of Representatives and elective city officials: Provided that the returns
for national positions shall be canvassed first. Upon completion of the canvass,
the board shall prepare the certificate of canvass, of President, Vice-President,
Senator and party-list representatives, announce the results of the election for
national positions in the city and, thereafter, proclaim the elected members of
the House of Representatives and city officials.
C.
(I)  In the Metro  Manila Area such municipality  comprising a legislative district
shall  have  district  board  of canvassers  which  shall  canvass  the  electronically
transmitted   election   return   for   President,   Vice-Presidents,   Senator,   Party-list
Representatives, Members for the House of Representatives and elective municipal
officials: Provided, That the return for national positions shall be canvassed first.
Upon  completion  of the  canvass,  it  shall  prepare  the  certificate  of canvass  for
President, Vice-Presidents, Senators, and Party-list Representatives, announce the


results  of the  election  for  national  position  in  the  municipality,  and  thereafter,
proclaim  the  elected  member  of  the  House  of  the  Representatives  and  city
Officials.
(2) Each component municipality in a legislative district in the Metro Manila Area
shall have a municipal board of canvassers which shall canvass the electronically
transmitted   election   returns   for   President,   Vice-President,   Senator,   Party-list
Representatives, Members of the House of Representatives and elective municipal
officials: Provided, That the returns for national positions shall be canvassed first.
Upon  completion  of the  canvass,  it  shall  prepare  the  certificate  of canvass  for
Presidents, Vice-Presidents,  Senators, Party-list Representatives and Members of
the House of the Representatives, announce the results of the election for national
position  in  the   municipality,   and  thereafter,   proclaim  the  elected   municipal
officials.
(3)  The  district  board  of  canvassers  of  each  legislative  district  comprising  two
municipalities  in  Metro  Manila  area  shall  canvass  the  certificate  of  canvass  for
President,  Vice-President,  Senator,  Party-list  Representatives  and  Members  of the
House  of Representatives  submitted  by  the  municipal  board  of canvassers  of the
component  municipalities.   Upon  completion  of  the  canvass,   it   shall  prepare   a
certificate   of   canvass   for   President,   Vice   President,   Senator,   and   Party-list
Representatives,  announce  the  results  of the  election  for  national  positions  in  the
district, and thereafter, proclaim the elected Member of the House of Representatives
in the legislative district.
d.  The  provincial  board  of canvassers  shall  canvass  the  electronically  transmitted
certificate     of    canvass     for     President,     Vice-President,     Senators,     Party-list
Representatives,'  Members  of the  House  of Representatives  and  elective provincial
officials  as  well  as plebiscite  results,  if any  plebiscite  is  conducted  simultaneously
with the same election, as submitted by the board of canvassers of municipalities and
component cities: Provided, That the certificates of canvass for national position shall
be canvassed first. Upon completion of the canvass, it shall prepare the certificate of
canvass   for   President,   Vice-President,   Senators   and   Party-list   Representatives,
announce the results of the election for national position in the province, and proclaim
the elected members of. the House of Representatives and provincial officials as well
as the plebiscite results, if any.
In conducting the canvass of election returns or certificates of canvass,  as the  case
may  be,  the  board  of canvassers  in  a  municipality,  city,  district  or  province  shall
project each election return or certificate of canvass on a wall from which its contents
shall  be  read  in  order  that those  present  in  the  canvassing  center  may  follow  the
progress  of the  canvassing  process  from  beginning  to  end.  The  Commission  may
utilize the appropriate proj ection equipment for this purpose.
Immediately after the certificate of canvass for national positions is accomplished, the
chairman of the board of canvassers shall announce the posting of the second copy
thereof and its supporting statement of votes on a wall with sufficient lighting within
the premises of the canvassing center.  He shall then proceed to do the same  in the
precinct in the canvassing center. Without delay and' when feasible, he shall capture
images  of the  certificate  of canvass  and  supporting  statements  of votes  using  a
secured data capturing device and thereafter, while in the premises of the canvassing
center,  immediately  print  the  data  captured  in  thirty  (30)  copies.  The  board  of


canvassers shall then authenticate each printed copy, in the presence of watchers and
within public view, by closely comparing the same with the certificate of canvass or
statement of votes,  as the case may be, posted on the wall.  If the board finds each
printed copy a faithful reproduction of the certificate of canvass or statement of votes,
all members thereof shall annotate and sign a certification to that effect on the bottom
front of the printed copy.
Each  certified  printed  copy  shall  be  placed  in  an  envelope  and  distributed  as  herein
provided. Designated recipients of the certified printed copies may receive their copies at
the canvassing center.
The  chairman of the  board  shall  transmit the  digital  files  with digital  encryptions  for
security reasons of the certificate of canvass and its supporting statement of votes using a
secured transmission device with authentication features to the secured tabulation system
of the  Commission  and  to  the  systems  of the  other  designated  recipients  as  herein
provided.
Any provision of law to the contrary notwithstanding, any of the recipients of the print or
digital copies of the certificate of canvass and the supporting statements of votes may
conduct an unofficial consolidation of votes and may announce the result thereof to the
public.
Any violation of this section, or its pertinent portion, shall constitute an election offence
and shall be penalized in accordance with Batas Pambansa 81g. 881.
SECTION 14. Number of Copies of Certificate of Canvass and their
Distribution. -
a) The certificate of canvass for president, vice-president, senator and member of the
House of Representatives and elective provincial official shall be prepared in seven
copies 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 election results for President, Vice-President, Senator and Member of the
House of Representatives and elective provincial officials:
(2)   The second copy shall be sent to the Commission,
(3)   The thud copy  shall be posted on a wall within the premises of the canvassing
Center;
(4)   The fourth copy shall-be kept by the chairman of the board: and
(5)   The fifth copy shall be given to the citizens' arm designated by the Commission to
conduct a media-based unofficial count, and the sixth and seventh copies shall be given
to the representatives of two of the six major-political parties in accordance with the
voluntary agreement of the parties.  If no such agreement is reached, the commission
shall decide which parties shall receive the copies of the certificate of the canvass on
the  basis  of the  criteria  provided  in  Section  26  hereof.  The  parties  receiving  the


certificate  shall  have  obligation  to  furnish  the  other  parties  with  authentic  copies
thereof with the at least possible delay.
b) The certificates of canvass for president, vice president, senators shall be prepared
in seven (7) copies by the city boards of canvassers of cities comprising one or more
legislative districts, by provincial boards of canvassers in the Metro Manila Area, and
distributed as follows.
(1 )   The first copy shall be sent to the 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 posted on a wall within the premises of the canvassing
Center;
(4)   The fourth copy shall be kept by the chairman of the board; and
(5)   The fifth copy shall be given to the citizens' arm designated by the Commission to
conduct  a media -based  unofficial  count,  and the  sixth  and  seventh  copies  shall  be
given  to  the  representatives  of two  of the  six  major-political  parties.  If  no  such
agreement  is  reached,  the  commission  shall  decide  which  parties  shall  receive  the
copies of the certificate of canvass on the basis of the criteria provided in Section 26
hereof.  The  parties receiving the certificates  shall have the  obligation to  furnish the
other parties with authentic copies thereof with the least possible delay.
The certificate of canvass posted on the wall shall be open for public viewing at any
time of the day for forty-eight (48) hours following its posting. Any person may view
or  capture  an  image  of the  certificate  of canvass.  After  the  prescribed  period  for
posting, the chairman of the board of canvassers shall collect the posted certificate of
canvass and keep the saine in his custody to be produced for image or data capturing
as  may  be  requested  by  any  voter  or  for  any  lawful  purpose  as  may  be  ordered
competent authority.
Except  for those  copies  that  are  required to  be  delivered,  copies  of certificates  of
canvass  may  be  claimed  at  the  canvassing  center.  Any  unclaimed  copy  shall  be
deemed placed in the custody of the chairman of the board of canvassers, who shall
produce them requested by the recipient or when ordered by a competent authority.
The thirty  (30) certified print copies of the certificate canvass for national  positions
shall be distributed as follows:
(a)         The  first  fourteen  (14)  copies  shall  be  given  to  the  fourteen  (14)
accredited major national parties in accordance with a voluntary agreement among
them.  If no  such agreement is reached, the commission shall decide which parties
shall receive the copies on the basis of the criteria provided in Section 26 hereof;
(b)         The next three copies shall be given to the three accredited major local
parties in accor.dance with a voluntary agreement among them. If no such agreement


is reached, the Commission shall decide which parties shall receive the copies in the
basis of criteria analogous to the provided in Section 26 hereof;
(c)         The next five copies shall be given 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;
(d)         The  next two  copies  shall  be  given  to  local  broadcast  or print  media
entities as may be equitably detemined by the Commission in view propagating the
copies to the widest extent possible;
(e)         The  next  four copies to  the  major  citizen's  arms,  including  accredited
citizen'  arm,   and  other  non  -partisan  groups  or  organizations  enlisted  by  the
commission pursuant to section 52(K) of Batas Pambansa Big. 881  ; and
(f)         The last two copies to be kept in file by the chairman of the board of
canvassers to be  subsequently  distributed as the national board of canvassers may
direct.
The  certified  print  copies  may  be  claimed  at  the  canvassing  center.   Any
unclaimed copy shall be deemed place in the custody of the chairman of the board of
canvassers,  who  shall  produce  them  when  requested  by  the  recipient  or  when
ordered by a competent authority.
The Commission shall post its digital files in its website for the public to view or
download at any time of the day. The commission shall maintain the files for at least
three years from the date of posting.
Any violation of this section, or its pertinent portion, shall constitute an election
offense and shall be penalized in accordance with Batas Pambansa 81g. 881.
SECTION  15.  Congress  as  the  National  Board  of Canvassers  for  tlie
Election of President and  Vice President:  The Commission en  bane as the
National Board of Canvassers for the election of senators: Determination of
Authenticity and Due Execution of Certificates of Canvass. - Congress and the
Commission  en  bane   shall   determine  the   authenticity   and  due   execution  of  the
electronically transmitted certificates for -President and Vice-President and Senators,
respectively, as accomplished and transmitted to it by the local boards of canvassers, on
a showing that:
(1) each  certificate  of canvass  was  executed,  signed  and  thumb  marked  by  the
chairman and member of the board of canvassers and transmitted or caused to be
transmitted to Congress by them;


(2) each  certificate  of  canvass  contains  the  names  of all  of  the  candidates  for
President   and   Vice-President   or   Senator,   as   the   case   may   be,   and   their
corresponding votes in words and in figures;
(3) there  exist  no  discrepancy  in  other  authentic  copies  of the  document  such  as
statement of votes of any of its supporting document such as statement of votes
by city or municipality or by precinct or discrepancy in the votes of any candidate
in words and figures in the certificate; and
(4) there exist no discrepancy in the votes of any candidate in words and figures in
the certificates of canvass against the aggregate number of votes appearing in the
election returns of precincts covered by the certificate of canvass: Provided, That
certified print copies of election returns or certificates of canvass may be used for
the purpose of verifying the existence of the discrepancy.
When  the  certificate  of canvass,  duly  certified by the board  of canvassers  of each
province,  city  or  district,  appears  to  be  incomplete,  the  Senate  President  or  the
chairman  of  the  Commission,  as  the  case  may  be,  shall  require  the  board  of
canvassers  concerned  to  transmit  by  personal  delivery,  the  election  retuus  form
polling  places  that  were  not  included  in  the  certificate  of canvass  and  supporting
statements.  Said election returns shall be submitted by personal delivery within two
(2) days from receipt of notice.
When it appears that any certificate of canvass or supporting statement of votes of
each province, city or district. appears to be incomplete, the Senate President or the
chairman  of  the  Commission,  as  the  case  may  be,  shall  require  the  board  of
canvassers  concerned  to  transmit  by  personal  delivery,  the  election  retuns  from
polling  places  that  were  not  included  in  the  certificate  of canvass  and  supporting
statements.  Said election returns shall be submitted by personal delivery within two
(2) days from receipt of notice.
When it appears that any certificate of canvass including other duly certified printed
copies thereof or supporting statement of votes by city or municipality or by precinct
bears erasures or alteration which may cast doubt as to the veracity of the number of
votes stated herein and may affect the result of the election, upon requested of the
presidential,   vice   presidential   or   senatorial   candidate   concerned   or   his   party,
Congress or the
Commission en bane, as the case may be shall, for the sole purpose of verifying the
actual votes as they appear in the copies if the election retuus submitted to it.
Any person who present in evidence a simulated copy of an election retun, certificate
of canvass or statement of votes, or a printed copy of an election return. certificate of
canvass
or statement of votes bearing a simulated certification or a simulated image,  shall be
guilty of an election offense and shall be penalized in accordance with Batas Pambansa
81g,  881.


SECTION 16. Communication Channels for Electronic Transmissions. -
Electronic  transmission  which  is  defined  under  R  A.  9369  as  conveying  data  in
electronic  form  from one  location  to  another  shall  be  guided  by the  following:  all
electronic  transmissions  of the  election  returns,  certificates  of canvass  and  other
related documents shall utilize secure transmission channels as recommended by the
Department   of  Science   and   Technology   and   the  National   Telecommunications
Commission to ensure authentication and integrity of transmission.
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 docuinents from
the  precinct level  shall  be  forwarded to the COMELEC  office and to the national
broadcast   or  print  media  entities   as   may   be   equitably   be   determined   by   the
COMELEC.
SECTION  17.  Pre-proclamation  controversy.  -    In  case  of a  discrepancy,
incompleteness,  erasure  or  alteration  as  mentioned  above,  the  procedure  on  pre
proclamation controversies shall be adopted and applied as provided in Sections  17,
18,19 and 20 of Republic Act No. 7166.
SECTION 18. 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 sane
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;
(f)  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 on the wall;


(g) Any  person  who  remove  the  certificate  of canvass  posted  on  the  wall,  whether
yithin or after the prescribed forty-eight (48) hours of posting, or defaces the same
in any manner;
(h)Anypersonwhosimulatesanactualcertificateofcanvassorstatementofvotes,or
a print or digital copy thereof;
(i)  Any person who simulates the certification of a certificate of canvass or statement
of votes;
0)  The   chairman  or  any   member  of  the   board  of  canvassers  who,   during   the
prescribed  period  of posting,  remove  the  certificate  of canvass  or  its  supporting
statement of
Totes from the wall on which they have been posted other than for the puxpose of
Immediately transferring them to a more suitable place;
(k)Thechairmanofanymemberoftheboardofcanvasserswhosignorauthenticates
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.
SECTION  19.  Implementing  and  Regulations  and  Bidding.-  Immediately
upon  the  approval  of  this  Act,  the  Commission  shall   formulate  such  rules  and
regulations that will effectively implement this Act for puxposes of the national, local
and  Bangsamoro  Autonomous  Region  elections.  In  addition,  the  Commission  shall
prescribe   the   technical   specificatious   for   the   electronic   devices   and   computer
programs to be used for implementing of this Act, with an aim to ensure fair, honest,
and orderly elections and prompt determination of the true results thereof.
SECTION    20.    Appropriations.-    Congress    shall    provide    the    necessary
appropriation in a supplemental budget or general appropriations act, as the case may
be.  without  delay  and  for  purposes  of the  future  national,  local  and  Bangsamoro
Autonomous Region elections.
SECTION    21.    Repealing    clause.-   All    laws.    decrees,    executive    orders,
resolutions,   revenue   regulations,   ordinances   or   circulars   inconsistent   with   the
provisions of this Act are  hereby  repealed or modified accordingly  or declared  null
and void and inoperative.
Approved,