Republic Act No. 9369 (Automation Law)

8/14/2019 Republic Act No. 9369 (Automation Law)

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S. No. 22.31H. o. 352

Begun and held in Metro Manila, on Monday, the twenty-fourthday of July, two thousand six.

1REPUBLICCTNo. 9369 ]AN ACT AMENDING REPUBLIC ACT NO. 8436,ENTITLED "AN ACT AUTHORIZING THECOM MISS ION ON ELECTIONS TO USE ANAUTOMATED ELECTION SYSTEM IN THE MAY 11,1998 NATIONAL OR LOCAL ELECTIONS AND INSUBSEQUENT NATIONAL AND LOCAL ELECTORALEXERCISES, TO ENCOURAGE TRANSPARENCY,CREDIBILITY, FAIRNESS AND ACCURACY OFELECTIONS, AMENDING FOR THE PURPOSE BATASPAMBANSA BLG. 881, AS AMENDED, REPUBLIC ACTNO. 1166 AND OTHER RELATED ELECTION LAWS,PROVIDING FUNDS THEREFOR AND FOR OTHERPURPOSES"


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2B e i t enacted by the Senate and the House ofRepresentatives of the Philippines in Congress assembled:

SECTION 1. Section 1 of Republic Act No. 8436 is herebyamended to read as follows:

SECTION. Declaration of Policy - It is thepolicy of the State to ensure free, orderly, honest,peaceful, credible and informed elections,plebiscites, referenda, recall and other similarelectoral exercises by improving on the electionprocess and adopting systems, which shall involvethe use of an automated election system that willensure the secrecy and sanctity of the ballot andall election, consolidation and transmissiondocuments in order that the process shall betransparent and credible and that the results shallbe fast, accurate and reflective of the genuine willof the people.The State recognizes the mandate andauthority of the Commission t o prescribe theadoption and use of the most suitable technology

of demonstrated capability taking into account thesituation prevailing in the area and the fundsavailable for the purpose.SEC. 2. Section 2 of Republic Act No. 8436 is hereby

SEC. 2. Defiiritioir of Terms. - As used inthis Act, the following terms shall mean:1.Automated election system, hereinafterreferred to as AES - a system using appropriatetechnology which has been demonstrated in thevoting, counting, consolidating, canvassing, andtransmission of election results, and other electoralprocesses;

in electronic form from one location to another;

amended t o read as follows:

2. Electronic trairsrnission - conveying data


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3. Official ballot - where AES is utilized,refers t o the paper ballot, whether printed orgenerated by the technology applied, that faithfullycaptures or represents the votes cast by a voterrecorded or to be recorded in electronic form;

4. E l e c t i o n r e t u r n s - a document inelectronic and printed form directly produced bythe counting or voting machine, showing the dateof the election, the province, municipality and theprecinct in which it is held and the votes in figuresfor each candidate in a precinct in areas whereAES is utilized 5 . Statement of votes - a documentcontaining the votes obtained by candidates ineach precinct in a city/municipality;6.City/municipalidistrict/provincialcertificateof canvass - a document in electronic and printedform containing the total votes in figures obtainedby each candidate in a city/municipality/district/province as the case may be. The electronic

certificate of canvass shall be the official canvassresults in the aforementioned jurisdictions;I. aper-based election system - a type ofautomated election system that uses paper ballots,records and counts votes, tabulates, consolidates/canvasses and transmits electronically the resultso f the vote count;8.Direct recording electronic election sys tem

- a type of automated election system that useselectronic ballots, records votes by means of aballot display provided with mechanical or electro-optical components that can be activated by thevoter, processes data by means of a computerprogram, records voting data and ballot images,and transmits voting results electronically;


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49. Counting center - a public place withinthe city/municipality or in such other places asmay be designated by the Commission where theofficial ballots cast in various precincts of the city/munidipality shall be counted. Polling places or

voting centers may also be designated as countingcenters;10.Contiizuity p l a n - a list of contingencymeasures, and the policies for activation of such,tha t a re put in place t o ensure continuousoperation of the AES;11.Disabled voters - a person with impaired12. S o u r c e code - human readableinstructions that define what the computerequipment will do: and

. 13. S t a t i o n - refers t o a polling place,counting center,municipal or provincial canvassingcenter.SEC. 3. Section 3 of Republic Act No. 6436 is hereby

capacity to use the A E S ;

amended to read as follows:SEC. 3. B oard of Electiort Inspec tors . -Where AES shall be adopted, at least one memberof the Board of Election Inspectors shall be aninformation technology-capable person, who istrained or certified by the DOST to use the AES.Such certification shall be issued by the DOST,free of charge.

SEC. 4. Section 4 of Republic Act No. 6436 is herebydeleted. The succeeding sections are hereby renumberedaccordingly.SEC. 6 . Section 5 of Republic Act No. 6436 is herebyamended to read as follows:


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5SEC. 4. Information Technology Support forthe Board of Canvassers. -To implement the AES,each board of canvassers shall be assisted by aninformation technologycapable person authorizedto operate the equipment adopted for the-elections.

The Commission shall deputize informationtechnology personnel from among the agencies andinstrumentalities of the government, includinggovernment-owned and controlled corporations.The per diem of the deputized personnel shall bethe same as that of the members of the board ofcanvassers.SEC. 6. Section 6 of Republic Act No. 8436 is hereby

amended to read as follows:SEC.5. Authority to Use an AutomatedElection System. - To carry out the above-statedpolicy, the Commission on Elections, hereinreferred t o as the Commission, is herebyauthorized to use an automated election system orsystems in the same election in different provinces,whether paper-based or a direct recordingelectronic election system as it may deemappropriate and practical for the process of voting,counting of votes and canvassing/consolidation andtransmittal of results of electoral exercises:Provided, That for the regular national and localelections, which shall be held immediately afterthe effectivity of this Act, the AES shall be usedin at least two highly urbanized cities and twoprovinces each in Luzon, Visayas and Mindanao,to be chosen by the Commission: Provided, further,That local government units whose officials havebeen the subject of administrative charges withinsixteen (16) months prior to the May 14, 2007elections shall not be chosen: Provided f h a I I y ,That no area shall be chosen without the consentof the Sanggunian of the local government unitconcerned. The term local government unit as usedin this provision shall refer to a highly urbanizedcity or province. In succeeding regular national or


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6local elections, the AES shall be implementednationwide.SEC. . Section 7 of Republic Act No. 8436 is hereby

SEC.6. Minimum System Capabilities. -The automated election system must at least havethe following functional capabilities:(a) Adequate security against unauthorizedaccess;(b) Accuracy in recording and reading of

votes as well as in the tabulation, consolidation/canvassing, electronic transmission, and storage ofresults;(c) Error recovery in case of n o n -catastrophic failure of device;(d) Sys tem in tegr ity which ensuresphysical stability and functioning of the vote

recording and counting process;(e) Provision for voter verified paper audittrail;(Q System auditability which providessupporting documentation fo r verifying thecorrectness of reported election results;

An election management system forpreparing ballots and programs for use in thecasting and counting of votes and to consolidate,report and display election results in the shortesttime possible;

(h) Accessibility to illiterates and disabledvoters;(i) Vote tabulating program for election,

referendum or plebiscite;

amended to read as follows:

(g)


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6) Accurate ballot counters;(k) Data retention provision;(l) rovide for the safekeeping, storing andarchiving of physical or paper resource used in theelection process;(m) Utilize or generate official ballots asherein defined;(n) Provide the voter a system ofverification to find out whether or not th e machinehas registered his choice; and(0 ) Configure access control for sensitivesystem data and functions. I n the procurement of this system, theCommission shall develop and adopt an evaluationsystem to ascertain that the above minimumsystem capabilities are met. This evaluation systemshall be developed with the assistance of an

advisory council.SEC.8.A new Section 7 is hereby provided to read as

SEC. . Communication Channels forElectronic Transmissions. - A ll electronictransmissions by and among the AJ3S and itsrelated components shall utilize securecommunication channels as recommended by theAdvisory Council, to ensure authentication andintegrity of transmissions.SEC. 9.New Sections 8, 9, 10 and 11 are hereby

SEC.8. The Advisory Council. - TheCommission shall create an Advisory Council,hereafter referred to as the Council, which shall

,,.-.. ,follows:

provided to read as follows:


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8be convened not later than eighteen (18) monthsprior to the next scheduled electoral exercise, anddeactivated six months after completion ofcanvassing: Provided for purposes of the 2007elections, the Advisory Council shall beimmediately convened within ten (10) days afterthe effectivity of this Act.

The Council shall be composed of thefollowing members, who must be registeredFilipino voters, of known independence, competenceand probity:The Chairman of the Commission on

Information and Communications Technology(CICT) who shal l act as the chairman of theCouncil;One member from the Department ofScience and Technology;

(a)

(b)(c)(d)

O ne member from the Department ofEducation;One member representing the academe,to be selected by the chair of the Advisory Councilfrom among the list of nominees submitted by thecountrys academic institutions;

(e) Three members representing ICTprofessional organizations to be selected by thechair of the Advisory Council &om among the listof nominees submitted by Philippine-based ICTprofessional organizations. Nominees shal l beindividuals, at lea,st o n e of whom shall b eexperienced in managing or implementing large-scale IT projects.

(0 Two members representingnongovernmental electoral reform organizations, tobe selected by the chair of the Advisory Councilfrom among the list of nominees submitted by the


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9countrys nongovernmental electoral reformorganizations.

A person who is affiliated with any politicalparty or candidate for any national position, or isrelated to a candidate for any national position byaffinity or consanguinity within the fourth civildegree, shall not be eligible for appointment ordesignation to the Advisory Council. Should anysuch situation arise at any time during theincumbency of a member, the designation orappointment of that member shall ipso facto beterminated.

A n y member of the Advisory Council isprohibited from engaging, directly or induectly,with any entity that advocates, markets,, imports,produces or in any manner handles software,hardware or any equipment that may be used forelection purposes for personal gain.Any violation of the two immediatelypreceding paragraphs shall disqualify said memberfrom the Advisory Council and shall be punishable

as provided in this Act and shall be penalized inaccordance with the Anti-Graft and CorruptPractices Act and other related laws.The Council may avail itself of the expertiseand services of resource persons who are of knownindependence, competence and probity, arenonpartisan, and do not possess any of thedisqualifications applicable to a member of theAdvisory Council as provided herein. The resourcepersons shall also be subject t o the sameprohibitions and penalties as the members of theAdvisory Council.The Commission on Information andCommunications Technology (CICT), shall includein its annual appropriation the funds necessary toenable the Council to effectively perform itsfunctions.


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7. Prepare and submit a written report,which shall be submitted within six months fromthe date of the election to the oversight committee,evaluating the use of the AES.Nothing in the role of the Council or anyoutside intervention or influence shall be construedas an abdication or diminution of the Commissionsauthority and responsibility for the effectivedevelopment, management and implementation ofthe AES and this Act.The Advisory Council shall be entitled to ajust and reasonable amount of per diem allowancesand/or honoraria to cover the expenses of theservices rendered chargeable against the budget ofthe Commission.SEC. 10. The Technical EvaluationCommittee. - The Commission, in collaborationwith the chairman of the Advisory Council, shallestablish an independent technical evaluationcommittee, herein known as the Committee,composed of a representative each from the

Commission, the Commission on Information andCommunications Technology and the Departmentof Science and Technology who shall act asChairman of the Committee.The Committee shall be immediatelyconvened within ten (IO) days after the effectivityof this Act.SEC. 11. Functions o f the TechnicalEvaluation Committee. - The Committee shallcertify, through an established internationalcertification entity to be chosen by the Commissionfiom the recommendations of the Advisory Council,not later than three months before the date of theelectoral exercise, categorically stating that theAES, including its hsrdware and softwarecomponents, is operating properly, securely, andaccurately, in accordance with the provisions of


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12this Act based, among others, on the followingdocumented results:

The successful conduct of a field testingprocess followed by a mock election event in oneor more cities/municipalities;The successful completion of audit onthe accuracy, functionality and security controls ofthe AES software;

3. T h e successful completion of a sourcecode review;

1.

2.

4. A certification that the source code iskept, in escrow with the Bangko Senti-a1 ngPihpinas,5. A certification that the source codereviewed is one and the same as that used by theequipment; and6. The development, provisioning, and

operationalization of a continuity plan to coverrisks to the AES at all points in the process suchthat a failure of elections, whether a t voting,counting or consolidation, may be avoided.For purposes of the 2007 elections, thecertification shall be done not later than eightweeks prior to the date of the elections.If the Commission decides to proceed with

the u se of the A E S without the Committeescertification, it must submit its reasons in writing,to the Oversight Committee, no less than thirty(30) days prior to the electoral exercise where theAES will be used.The Committee may avail itself of theexpertise and services of resource persons who areof known independence, competence and probity,

are non partisan, and who do not possess any of


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13the disqualifications applicable to a member of theAdvisory Council as provided herein. The resourcepersons shall also be subject to the sameprohibitions and penalties as the members of theAdvisory Council.

The Committee shall closely coordinate withthe steering committee of the Commission taskedw i t h the implementation of the AES in theidentification and agreement of the projectdeliverables and timelines, and in the formulationof the acceptance criteria for each deliverable.SEC.10. Section 8 of Republic Act No. 8436 is hereby

amended to read as follows:SEC.12. Procurement of Equipment andMaterials,- To achieve the purpose of this Act, theCommission is authorized to procure, in accordancewith existing laws, by purchase, lease, rent orother forms of acquisition, supplies, equipment,materials, software, facilities and other services,from local or foreign sources free from taxes andimport duties, subject to accounting and auditingrules and regulations. With respect to the May 10,2010 elections and succeeding electoral exercises,the system procured must have demonstratedcapability and been successfully used in a priorelectoral exercise here or abroad. Participation inthe 2007 pilot exercise shall not be conclusive ofthe systems fitness.

In determining the amount of any bid froma technology, software or equipment supplier, thecost to the government of itsdeployment andimplementation shall be added to the bid price asintegral thereto. The value of any alternative useto which such technology, software or equipmentcan be put for public use shall not be deductedfrom the original face value of the said bid.SEC. 11. Section 9 of Republic Act No. 8436 is herebyamended to read as follows:


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14SEC. 13. Continuity Plan. -The AES shallbe so designed to include a continuity plan in caseof a systems breakdown or any such eventualitywhich shall result in the delay, obstruction ornonperformance of the electoral process. Activationof such continuity and contingency measures shallbe undertaken in the presence of representatives ofpolitical parties and citizens arm of the Commissionwho shall be notified by the election officer of suchactivation.AUpolitical parties and party-lists shall befurnished copies of said continuity plan at theirofficial addresses as submitted to the Commission.

The list shall be published in at least twonewspapers of national circulation and shall beposted at the website of the Commission at leastfifteen (16) days prior to the electoral activityconcerned.SEC. 12. Section 10 of Republic Act No. 8436 is hereby

SEC. 14. Examination and Testing ofEquipment or Device o f the AES and Opening ofthe Source Code for Review. - The Commissionshall allow the political parties and candidates ortheir representatives, citizens arm or theirrepresentatives to examine and test.The equipment or device to be used in thevoting and counting on the day of the electoralexercise, before voting starts. Test ballots and testforms shall be provided by the Commission.Immediately after the examination andtesting of the equipment or device, the parties andcandidates or their representatives, citizens armsor their representatives, may submit a writtencomment to the election officer who shallimmediately transmit it to the Commission fo rappropriate action.



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15The election officer shall keep minutes of thetesting, a copy of which shall be submitted to theCommission together with the minutes of voting.Once an AES technology is selected for

implementation, the Commission shall promptlymake the source code of that technology availableand open t o any interested political party orgroups which may conduct their own reviewthereof.SEC. 13. Section 11 of Republic Act No. 8436 is herebyamended to read as follows:

SEC. 15. OfficialBaUot. - The Commissionshall prescribe the format of the electronic displayand/or the size and form of the official ballot,which shall contain the titles of the positions to befilled and/or the propositions to be voted upon inan initiative, referendum or plebiscite. Wherepracticable, electronic displays must be constructedto present the names of all candidates for thesame position in the same page or screen,otherwise, the electronic displays must beconstructed to present the entire ballot to thevoter, in a series of sequential pages, and toensure that the voter sees all of the ballot optionson all pages before completing his or her vote andto allow the voter to review and change all ballotchoices prior to completing and casting his or herballot. Under each position to be fiUed, the namesof candidates shall be arranged alphabetically bysurname and uniformly indicated using the sametype size. The maiden o r married name shall belisted in the official ballot, as preferred by thefemale candidate. Under each proposition to bevoted upon, the choices should be uniformlyindicated using the same font and size.

A fixed space where the chairman of theboard of election inspectors shall affix hishersignature to authenticate the official ballot shall beprovided.


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"For this purpose, the Commission shall setthe deadline for the filing of certificate ofcandidacy/petition for registratiordmanifestation tb.participate in the election. A ny person who fileshis certificate of candidacy within this period shallonly be considered as a candidate at the start ofthe campaign period for which he filed hiscertificate of candidacy: Provided, That, unlawfulacts or omissions applicable to a candidate shalltake effect only upon the start of the aforesaidcampaign period Provided, finally> That anyperson holding a public appointive office orposition, including active members of the armedforces, and officers and employees in government.owned o r -controlled corporations, shall be.considered ipso facto resigned from hisher officeand must vacate the same at the start of the dayof the filing of hisher certificate of candidacy.

"Pol iti cal parti es may hold politicalconventions to nominate their official candidateswithin thirty (30) days before the start of theperiod for filing a certificate of candidacy."With respec t, to a paper-based electionsystem, the official ballots shall be printed by theNational Printing Office andlor the Bangko Sentralng Piliphas at the price comparable with that ofprivate printers under proper security measureswhich the Commission shall adopt. TheCommission may contract the services of privateprinters upon certifkation by the National PrintingOfficelBangko Sentral n g Pilipinas that it cannotmeet the printing requirements. Accreditedpolitical parties and deputized citizen's arms of theCommission shall assign watchers in the printing,storage and distribution of official ballots.

"To prevent the use of fake ballots, theCommission through the Committee shall ensurethat the necessary safeguards, such as, but not


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17limited to, bar codes, holograms, color shifting ink,microprinting, are provided on the ballot.

The official ballots shall be printed anddistributed to each city/municipality at the rate ofone ballot for every registered v o t e r with aprovision of additional three ballots per precinct.SEC. 4. Section 13 of Republic Act No. 8436 is herebyamended to read as follows:

SEC. 7. B a h t box. - Where applicable,there shall be in each precinct on election day aballot box with such safety features that theCommission may prescribe and of such size as t oaccommodate the official ballots.SEC. 5. Section 14 of Republic Act No. 8436 hereby

SEC. 18. Procedure in voting - TheCommission shall prescribe the manner andprocedure of voting, which can be easilyunderstood and followed by the voters, taking intoconsideration, among other things, the secrecy ofthe voting.SEC.16. Section 15 of Republic Act No. 8436 is hereby


amended to read as follows:SEC.19.c~osg o f p o k - The Commissionshall prescribe the time, manner and procedure ofclosing- the polls and the steps for the correctreporting of votes cast and the proper conduct ofcounting for areas covered by the AES.

SEC. 7. Section 16 of Republic Act No. 8436 is herebyamended to read as follows:SEC. 0. Notice ofDesignation of CountingCenters. - The election officer shall postprominently in hislher office, in the bulletin boardsat the city/municipal hall and in three other


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18conspicuous places in the citylmunicipality, thenotice on the designated counting center(s) for atleast three weeks prior to election day. T h e noticeshall specify the precincts covered by each countingcenter and the number of registered voters in eachof said precincts. The election officer shall alsofurnish a copy of the notice to, the headquartersor official address of the political parties orindependent candidates within the same period.The election officer shall post in the Commissionwebsite concerned the said notice and publish thenotices in the local newspapers. Where the pollingplace o r voting center is also the designatedcounting center, such information shall b econtained in the notice.

The Commission may not designate ascounting center any building or facility locatedwithin the premises of a camp, reservationcompound, headquarters, detachment, or field officeof the military, police, prison or detention bureau,or any law enforcement or investigation agency.SEC. 18. Section 17 of Republic Act No. 8436 is herebyamended to read as follows:

SEC. 21. Counting Procedure. - TheCommission shall prescribe the manner andprocedure of counting the votes under theautomated system: Provided, That apart from theelectronically stored result, thirty (30) copies of theelection return are printed.SEC. 19. Section 18of Republic Act No. 8436 is herebyamended to read as follows:

SEC. 22. Election Returns. - Each copy ofthe printed election returns shall bear appropriatecontrol marks to determine the time and place ofpri nti ng. Ea ch copy sha ll be signed andthumbmarked by all the members of the board ofelection inspectors and the watchers present. Ifany member of the board of election inspectors


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19present refuses to sign, the chairman of the boardshall note the same in each copy of the printedelection returns. The member of the board ofelection inspectors concerned refusing to sign shallbe compelled to explain his or her refusal to do so.Failure to explain an unjustifiable refusal to signeach copy of the printed election return by anymember of the board of election inspectors shall bepunishable as provided in this Act. The chairmanof the board shall then publicly read and announcethe total number of registered voters, the totalnumber of voters who actually voted and the totalnumber of votes obtained by each candidate basedon the election returns.

"Thereafter, the copies of the election returnsshall be sealed and placed in the proper envelopesfor distribution as follows:In the election of president, vice-The first copy shall be delivered to theThe second copy, t o the Congress,The third copy, to the Commission;The fourth copy, to the citizens' armauthorized by the Commission to conduct anunofficial count.

"A.president, senators and party.list system:1)city or municipal board of canvassers;2)directed to the President of the Senate;3)4)

5) The fifth copy, to the dominantmajority party as determined by the Commissionin accordance with law;6) The sixth copy, to the dominantminority party as determined by the Commissionin accordance with law; and


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207) The seventh copy shall be depositedinside the compartment of the ballot box for validballots.8) The eighth copy, to the ProvincialBoard of Canvassers;

The ninth to the eighteenth copies, tothe ten (10) accredited major national parties,excluding the dominant majority and minorityparties, in accordance with a voluntary agreementamong them. If no such agreement is reached, theCommission shall decide which parties shallreceive the copies on the basis of the criteriaprovided in Section 26 of Republic Act No. 7166;

T h e nineteenth and twentieth copies, tothe two accredited major local parties inaccordance with a voluntary agreement amongthem. If n o such agreement is reached, theCommission shall decide which parties shallreceive the copies on the basis of criteria analogousto that provided in Section 26 of Republic Act No.7166;

9)

10)

11) The twenty-first to the twenty-fourthcopies, to nationd broadcast or print media entitiesas may be equitably determined by theCommission in view of propagating the copies tothe widest extent possible;12) Th e twenty-fifth and twenty-sixthcopies, to local broadcast or print media entities asmay be equitably determined by the Commissionin view of propagating the copies to the widestextent possible; and

The twenty-seventh to the thirtiethcopies, to the major citizens arms, including theaccredited citizens arm, and other non-partisangroups o r organizations enlisted by theCommission pursuant to Section 5 2 0 of BatasPambansa Blg. 881. Such citizens arms, groups

13)


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21and organizations may use the four certified copiesof election returns for the conduct of citizens quickcounts at the local or national levels.

B. In the election of local officiak andmembers of the House of Representatives:city or municipal board of canvassers;1)

2)3)of canvassers;4)

The first copy shall be delivered to theThe second copy, to the Commission;The third copy, to the provincial boardThe fourth copy, to the citizens armauthorized by the Commission to conduct anunofficial count.

5) The fifth copy, t o the dominantmajority party as determined by the Commissionin accordance with law;6) The sixth copy, to the dominant

minority party as determined by the Commissionin accordance with law;7) The seventh copy shall be depositedinside the compartment of the ballot box for validballots;8) The eighth copy to be postedconspicuously on a wall within the premises of the

polling place or counting center;The ninth to eighteenth copies shall begiven t o the .ten (10) accredited major nationalparties, excluding the dominant majority andminority parties, in accordance with a voluntaryagreement among them. If no such agreement isreached, the Commission shall decide which partiesshall receive the copies on the basis of the criteriaprovided in Section 26 of Republic Act No. 7166;

9)


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10) The nineteenth and twentieth copiesshall be given t o the two accredited major localparties in accordance wi th a voluntary agreementamong them. If no such agreement is reached, theCommission shall decide which parties shallreceive the copies on the basis of criteria analogousto that provided in Section 26 of Republic Act No.7166;The twenty-first to the twenty-fifthcopies, to national broadcast or print media entitiesas may be equitably determined by theCommission in view of propagating the copies to

the widest extent possible;12) The twenty-sixth and twenty-seventhcopies, to local broadcast or print media entities asmay be equitably determined by the Commissionin view of propagating the copies t o the widestextent possible; and

The twenty-eighth to the thirtiethcopies, to the major citizens arms, including theaccredited citizens arm, and other non-partisangroups or organizations enlisted by theCommission pursuant to Section 52&) of BatasPambansa Blg. 881. Such citizens arms, groupsand organizations may use the five certified copiesof election returns for the conduct of citizens quickcounts at the local or national levels.

11)

13)

Immediately after the eighth copy is printed,the poll clerk shall announce the posting of saidcopy on a wall within the premises of the pollingplace or counting center, which must be sufficientlylighted and accessible to the public. Any personmay view or capture an image of the electionreturn by means of any data capturing device suchas, but not limited to, cameras at any time of theday for forty-eight (48) hours following its posting.After such period, the chairman of the board ofelection inspectors shall detach the election return


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23from the wall and keep the same in his custody tobe produced as may be requested by any voter forimage or data capturing or for any lawful purposeas may be ordered by competent authority.

Within one hour after the printing of theelection returns, the chairman of the board ofelection inspectors or any official authorized by theCommission shall, in the presence of watchers andrepresentatives of the accredited citizens arm,political partieslcandidates, if any, electronicallytransmit the precinct results to the respectivelevels of board of canvassers, to the dominantmajority and minority party, to the accreditedcitizens arm, and to the Kapisanan ng mgaBroadcasters ng Pihpinas (KBP).The election results at the citylmunicipalitycanvassing centers shall be transmitted in thesame manner by the election officer or any officialauthorized by the commission to the district orprovincial canvassing centers.The election re turns trans mitt ed

electronically and digitally signed shall beconsidered as official election results and shall beused as the basis for the canvassing of votes andthe proclamation of a candidate.After the electronic resylts have beentransmitted, additional copies not to exceed thirty(30) may be printed and given to requestingparties at their own expense.

SEC. 0. Section 21 of Republic Act No. 8436 is herebyamended to read as follows:SEC. 25 . Canvassing by Provincial, City,District and Municipal Boards of Canvassers. -The city or municipal board of canvassers shallcanvass the votes for the president, vice-president,senators, and parties, prganizations or coalitionsparticipating under the party-list system by


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24consolidating the electronically transmitted resultsor the results contained in the data storage devicesused in the printing of the election returns. Uponcompletion of the canvass, it shall print thecertificate of canvass of votes for president, vice..president, senators and members of the House ofRepresentatives and elective provincial officials andthereafter, proclaim the elected city or municipalofficials, as the case may be.

The c i t y board of canvassers of citiescomprising one or more legislative districts shallcanvass the votes for president, vice.president,senators, members of the House of Representativesand elective c i ty officials by consolidating thecertificates of canvass electronically transmitted orthe results contained in the data storage devicesused in the printing of the election returns. Uponcompletion of the canvass, the.board shall producethe canvass of votes for president, vice-president,and senators and thereafter, proclaim the electedmembers of the House of Representatives and cityofficials.

In the Metro Manila area, each municipalitycomprising a legislative district shal l have adistrict board of canvassers which shall canvassthe votes for president, vice-president, senators,members of the House of Representatives andelective municipal officials by consolidating theelectronically transmitted results or the resultscontained in the data storage devices used in theprinting of the election returns. Upon completionof the canvass, it shall produce the certificate ofcanvass of votes for president, vice.president, andsenators and thereafter, proclaim the electedmembers of the House of Representatives andmunicipal officials.Each component municipality in a legislativedistrict in the Metro Manila area shall have amunicipal board of canvassers which shall canvass

the votes for president, vice-president, senators,


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25members of the House of Representatives andelective municipal officials by consolidating theresults electronically transmitted from the countingcenters or the results contained in the data storagedevices used in the printing of the election returns.Upon completion .of the canvass, it shall preparethe certificate of canvass of votes for president,vice-president, senators, members of the House ofRepresentatives and thereafter, proclaim theelected municipal officials.

The district board of canvassers of eachlegislative district comprising two municipalities inthe Metro Manila area shall canvass the votes forpresident, vice-president, senators and members ofthe House of Representatives by consolidating thecertificates of canvass electronically transmittedfrom the city/municipal consolidating centers or theresults contained in the data storage devicessubmitted by the municipal board of canvassers ofthe component municipalities. Upon completion ofthe canvass, it shall produce a certificate ofcanvass of votes for president, vice-president andsenators and thereafter, proclaim the electedmembers of the House of Representatives in thelegislative district.

The .district/provincial board of canvassersshall canvass the votes for president, vice-president, senators, members of the House ofRepresentatives and electfve provincial officials byconsolidating the results electronically transmittedfrom the city/municipal consolidating centers or theresults contained in the data storage devicessubmitted by the board of canvassers of themunicipalities and component cities. Uponcompletion of the canvass, it shall produce thecertificate of canvass of votes for president, vice.president and senators and thereafter, proclaim theelected members of the House of Representativesand the provincial officials.


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26The municipal, city, district and provincialcertificates of canvass of votes shall each besupported by a statement of votes.Within one hour after the canvassing, theChairman of the district or provincial Board ofCanvassers or the city board of canvassers of thosecities which comprise one or more legislativedistricts shall electronically transmit thecertificates of canvass to the Commission sittingas the national board of canvassers for senatorsand party-list representatives and to the Congressas the National Board of Canvassers for thepresident and vice president, directed to the

President of the Senate.The Commission shall adopt adequate andeffective measures to preserve the integrity of thecertificates of canvass transmitted electronicallyand the results in the storage devices at thevarious levels of the boards of canvassers.The certificates of canvass transmitted

electronically and digitally signed shall beconsidered as official election results and shall beused as the basis for the proclamation of a winningcandidate.SEC. 21. Section 22 of Republic Act No. 8436 is herebyamended to read as follows:

SEC.~ 6. Number of Copies of Certificatesof Canvass of Votes and their distribution. - (a)The certificate of canvass of votes for president,vice-president, senators, members of the House ofRepresentatives, parties, organizations or coalitionsparticipating under the party-list system andelective provincial officials shall be produced by thecity o r municipal board of canvassers anddistributed as follows:


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27(1) The first copy shall be delivered to theprovincial board of canvassers for use in thecanvass of election results for president, vice-president, senators, members of the House ofRepresentatives, parties, organizations or co&tions

participating under the party-list system andelective provincial officials;(2) The second copy shall be sent to the(3) The third copy shall be kept by the

(4) The fourth copy shall be given to thecitizens arm designated by the Commission toconduct an unofficial count. It shall be the duty ofthe citizens arm to furnish independent candidatescopies of the certificate of canvass a t the expenseof the requesting party.(5) The fifth copy to Congress, directed tothe President of the Senate;(6) The sixth copy to be posted on a wallwithin the premises of the canvassing center;(7) The seventh and eighth copies shall begiven to the dominant majority and minorityparties;(8) T he ninth to eighteenth copies shall begiven to the ten (10) accredited major national

parties, excluding the dominant majority andminority parties, in accordance with a voluntaryagreement among them. If no such agreement isreached, the Commission shall decide which partiesshall receive the copies on the basis of the criteriaprovided in Section 26 of Republic Act No. 7166;(9) .The nineteenth and twentieth copiesshall be given to the tw o accredited major local

parties in accordance with a voluntary agreement

Commission;chairman of the board; and


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28among them. If no such agreement is reached, theCommission shall decide which parties shallreceive the copies on the basis of criteria analogousto that provided in Section 26 of Republic Act No.7166;(10) The twenty-first to the twenty-fifthcopies, to national broadcast or print media entitiesas may be equitably determined by theCommission in view of propagating the copies tothe widest extent possible;

(11)The twenty-sixth and twentyseventhcopies, to local broadcast or print media entities asmay be equitably determined by the Commissionin view of propagating the .copies to the widestextent possible; and

(12) The twenty-eighth to the thirtiethcopies, to the major citizens arms, including theaccredited citizens arm, and other non-partisangroups or organizations enlisted by theCommission pursuant to Section 62&) of BatasPambansa Blg. 881. Such citizens arms, groupsand organizations m ay u s e the three certifiedcopies of election returns for the conduct ofcitizens quick counts at the local or nationallevels.

The board of canvassers shall furnish allother registered parties copies of the certificate ofcanvass at the expense of the requesting party.T h e certificate of canvass of votes forpresident, vice-president and senators, parties,organizations or coalitions participating under thepartylist system shall be produced by the cityboards of canvassers of cities comprising one ormore legislative districts, by provincial boards ofcanvassers dnd by district boards of canvassers inthe Metro Manila area, and other highly urbanizedareas and distributed as follows:

@)


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29(1) The first copy shall be sent to Congress,directed to the President of the Senate for use inthe canvass of election results for president and vice-president;(2) The second copy shall be sent to theCommission for use in the canvass of the electionresults for senators;(3) The third copy shall be kept by the(4) The fourth copy shall be given to thecitizens arm designated by the Commission to

conduct an unofficial count. It shall be the duty ofthe citizens arm to furnish independent candidatescopies of the certificate of canvass at the expenseof the requesting party.(5) T he fifth copy t o Congress, directed tothe President of the Senate;(6) The sixth copy to be posted on a wallwithin the premises of the canvassing center;(7) The seventh and eighth copies to thedominant majority and minority parties;(8) The ninth and tenth copies to twoaccredited major national parties representing themajority and the minority, excluding the dominantmajority and minority parties, to be determined bythe Commission on the basis of the criteria

provided in Section 26 of Republic Act No. 7166;The eleventh to thirteenth copies tonational broadcast media entities as may beequitably determined by the Commission in viewof propagating the copies t o the widest extentpossible; and

(10) The fourteenth copy to another citizensarm or in the absence thereof, to a non-partisan

chairman of the board; and

(9)


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30group or organization enlisted by the Commissionpursuant to Section 62(k) of Batas Pambansa Blg.881. Such citizens arm or non-partisan group ororganization may use the copy of election returnfor the conduct of citizens quick counts at the localor national levels.

The board of canvassers shall furnish allother registered parties copies of the certificate ofcanvass at the expense of the requesting party.The certificates of canvass printed bythe provincial, district, city or municipal boards ofcanvassers shall be signed and thumb marked by

the chairman and members of the board and theprincipal watchers, if available. Thereafter, it shallbe sealed and placed inside an envelope whichshall likewise be properly sealed.In all instances, where the Board ofCanvassers has the duty to furnish registeredpolitical parties with copies of the certificate ofcanvass, the pertinent election returns shall be

attached thereto, where appropriate.Immediately after the sixth copy and itssupporting statement of votes are printed, thechairman of the board of canvassers shallannounce the posting of said prints on a wallwithin the premises of the canvassing center,which must be sufficiently lighted and accessibleto the public. Any person may view or capture animage of the Certificate of Canvass o r thesupporting statement of votes by means of anydata capturing device such as, but not limited to,cameras at a n y time of the day for forty-eight (48)hours following the posting. After such period, thechairman of the board of canvassers shall detachthe election return from the wall and keep thesame in his custody to be produced as may berequested by a n y voter for image or data capturingor for any lawful purpose as may be ordered bycompetent authority.

(c)


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31SEC.22. Section 23 of Republic Act No. 8436 is herebyamended tb read as follows:

SEC. 21. National Board of Canvassers forSenators and PartpList Representatives. - Thechairman and members of the Commission onElections sitting en banc, shall compose thenational board of canvassers for senators andparty-list representatives. It shall canvass theresults by consolidating the certificates of canvasselectronically transmitted. Thereafter, the nationalboard shall proclaim the winning candidates forsenators and party-list representatives.SEC.23. Section 24 of Republic Act No. 8436 is herebyamended to read as follows:

SEC. 8. Congress as the National Board ofCanvassers for President and Wee-President.- TheSenate and the House of Representatives in jointpublic session shall compose the national board ofcanvassers for president and vice-president. Thecertificate of canvass. for president and vice-president duly certified by the board of canvassersof each province or city, shall be electronicallytransmitted to the Congress, directed to thepresident of the Senate. Upon receipt of thecertificates of canvass, the President of the Senateshall, not later than thirty (30) days after the dayof the election, open all the certificates in thepresence of the Senate and the House ofRepresentatives in joint public session and theCongress upon determination of the authenticityand the due execution thereof in the mannerprovided by law, canvass all the results forpresident and vice-president and thereafter,proclaim the winning candidates.SEC. 24. A new Section 29 is hereby provided to readas follows:

SEC. 9. Random Manual Audit. - Wherethe AES is used, there shall be a random manual


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32audit in one precinct per congressional districtrandomly chosen by the Commission in eachprovince and city. Any difference between theautomated and manual count will result in thedetermination of root cause and initiate a manualcount for those precincts affected by the computeror procedural error.SEC. 25. A new Section SO is hereby provided to readas follows:

SEC. 30. Authentication of Electronicallynansmitted Election Results. - The manner ofdetermining the authenticity and due execution ofthe certificates shall conform with the provisionsof Republic Act No. 7166 as may be supplementedor modified by the provisions of this Act, whereapplicable, by appropriate authentication andcertification procedures for electronic data,electronic documents and electronic signatures asprovided in Republic Act No. 8792 as well as therules promulgated by the Supreme Court pursuantthereto.SEC. 26. Section 26 of Republic Act No. 8436 is hereby

SEC. 31. Stakeholder educatim and trammg- The Commission shall, not later than six monthsbefore the actual automated election exercise,undertake a widespread stakeholder education andtraining program, through newspapers of generalcirculation, radio, television and other media forms,as well as through seminars, symposia, fora andother nontraditional means, to educate the publicand fully inform the electorate about the AES andinculcate values on honest, peaceful, orderly andinformed elections.Such program shall ensure the acceptanceand readiness of the following stakeholders tounderstand and appreciate the benefits of the AES:

amended to read as follows


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331. General publichoters;2. Commissions staff;3. Department of Education, Department ofFinance (municipal, city and provincialtreasurers) and all other governmentagencies who wil l play a role in theelectoral exercise;4. Local government officials brovincial,municipal, barangay levels);5. Incumbent elected officials in thelegislative and executive departments;6. Political parties and candidates;7 . Members of the military and police.

The general public or voters training willfocus on building the capability t o use theautomated system to cast their vote, as well as ageneral appreciation of the AES. All other stakeholders mentioned above will receiveadditional information in order to build a deeperunderstanding of the voting, counting, canvassingprocedures, so that they may act as advocates ofthe AES.The Commission together with and insupport of accredited citizens arms shall carry outa continuing and systematic campaign throughnewspapers of general circulation, radio and othermedia forms, as well as through seminars,symposia, fora and other nontraditional means toeducate the public and fully inform the electorateabout the AES and inculcate values on honest,peaceful and orderly elections.

SEC. 7. Section 27 of Republic Act No. 8436 is herebySEC. 33. Joint Congressional OversightCommittee. - An Oversight Committee is herebycreated composed of seven members each from theSenate and the House of Representatives, four ofwhom shall come from the majority and three fromthe minority, t o monitor and evaluate the



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34implementation of this Act. A written report to theSenate and the House of Representatives shall besubmitted by the Advisory Council within sixmonths from the date of election. The oversightcommittee shall conduct a mandatory review ofthis Act every twelve (12) months from the dateof the last regular national or local elections.

The oversight committee shall conduct acomprehensive assessment and evaluation of theperformance of the different AES technologiesimplemented and shall make appropriaterecommendations to Congress, in sessionassembled, specifically including the following:An assessment and comparison of eachof the AES technologies utilized, including theirstrengths, weaknesses, applicability orinapplicability in specific areas and situations;An evaluation of their accuracy througha comparison of a random sample of the AESelection results with a manual tabulation, and theconduct of similar tests;As to the scope of AES implementationin the subsequent elections, provide forrecommendations as to whether any of thefollowing should be adoptedFurther test application of the AES o ra particular AES technology used in the 2007elections, whether in the same or other areas;An increase or enlargement of areas forimplementation of the AES or an AES technologyand not a full implementation; or

1.

2.

3.

a.

b.

c.4.

A full implementation of the AES.As to the kind of AES technology,provide for proposals as to whether:


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36(c) Gainingorcausingaccesstousing, altering, destroyingor disclosing any computer data, program, systemsoftware, network, or any computermrelated devices,facilities, hardware o r equipment, whether classifiedor declassified;(d) Refusal of the citizens arm t o present for perusal itscopy of election return to the board of canvassers;(e) Presentation by the citizens arm of tampered orspurious election returns;(9 Refusal or failure to provide the dominant majorityand dominant minority parties or the citizens arm

their copy of election returns; and(9) The failure topost thevoters list within the specifiedtime, duration and in the designated location shallconstitute an election offense on the part the electionofficer concerned.

Any person convicted for violation of thisAct, except those convicted of the crime of electoralsabotage, shall be penalized with imprisonment ofeight years and one day t o twelve (12) yearswithout possibility of parole, and perpetualdisqualification t o hold public office anddeprivation of the right of suffrage. Moreover, theoffender shall be perpetually disqualified to holdany non-elective public office.SEC. 9. Section 30 of Republic Act No. 8436 is herebyamended to read as follows:

SEC. 6. &~ficabdity. - The provisions ofBatas Pambansa Blg. 881, as amended, otherwiseknown as the Omnibus Election Code of thePhilippines, and other election laws notinconsistent with this Act shall apply.SEC. 0. Section 31 of Republic Act No. 8436 is herebyamended to read as follows:


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37SEC. 37. Rules and Regulations. - TheCommission shall promulgate rules and regulationsfor the implementation and enforcement of thisAct.Notwithstanding the foregoing canvassingprocedure, the Commission is authorized toprescribe other manner or procedure for thecanvassing and consolidation of votes as technologyevolves, subject to the provisions of Section 7hereof on the minimum capabilities of the AESand other pertinent laws.

SEC. 31. Section 25 of Republic Act No. 7166 is herebySec. 25. Manner of Counting Votes. - Inaddition t o the requirement in the fourthparagraph of Section 12 of the Republic Act No.6646 and Section 210 of the Omnibus ElectionCode, in reading the official ballots during thecounting, the chairman, the poll clerk and thethird member shall assume such positions as toprovide the watchers and the members of thepublic as may be conveniently accommodated inthe polling place, an unimpeded view of the ballotbeing read by the chairman, of the election returnand the tally board being simultaneouslyaccomplished by the, poll clerk and the thirdmember respectively, without touching a n y of theseelection documents. The table shall be cleared ofall unnecessary writing paraphernalia. Anyviolation of this requirement shall constitute an

election offense punishable under Sections 263 and264 of the Omnibus Election Code.The chairman shall first read the votes for


national positions.Any violation of this Section, or its pertinentportion, shall constitute an election offense andshall be penalized in accordance with BatasPambansa Blg. 881.


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38SEC. 32. Section 212 of Batas Pambansa Blg. 881, as

SEC. 212. Election Returns. - The board ofelection inspectors shall prepare the electionreturns simultaneoubly with the counting of votesin the polling place as prescribed in Section 210hereof. The recording of vote shall be made asprescribed in said section. The entry of votes inwords and figures for each candidate shall beclosed with the signature and the clear imprint ofthe thumbmark of the right hand of all themembers, likewise to be affixed in full view of thepublic, immediately after the last vote recorded orimmediately after the name of the candidate whodid not receive any vote.

The returns shall also show the date of theelection, the polling place, the barangay and thecity or municipality in which it was held, the totalnumber of ballots found in the compartment forvalid ballots, the total number of valid ballotswithdrawn from the compartment for spoiledballots because they were erroneously placedtherein, the total number of excess ballots, thetotal number of marked or void ballots, and thetotal number of votes obtained by each candidate,writing out the said number in words and figuresand, at the end thereof, the board of electioninspectors shall certify that the contents arecorrect. The returns shall be accomplished in asingle sheet of paper, but if this is not possible,additional bheets may be used which shall beprepared in the same manner as the first sheetand likewise certified by the board of electioninspectors.

The Commission shall take steps so that theentries on the Lrst copy of the election returns areclearly reproduced on the second, third, fourth,fifth, and sixth copies thereof, and for the purposethis Commission shall use a special kind of paper.

amended, is hereby amended to read a8 follows:


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39Immediatelyupon the accomplishment of theelection return for national positions, the poll clerkshall announce the posting of the second copy of theelection return on a wall with sufficient lightingwithin the premises of the polling place or countingcenter. He shall then proceed to do the same in thepresence of the other members of the Board, thewatchers and those present in the polling place orcounting center. Without delay and, when feasible,he shall secure an image of the election returnusing a secured data capturing device andimmediately thereafter, while in the premises of thepolling place or counting center, directly print thirty(30) copies of the election return. Once the prints

have been produced, the poll clerk shall call theother members of the board to authenticate eachprint copy by closely comparing the same with theelection return posted on the wall in the presenceof the watchers and within view of the public. Ifthe Board finds each print a faithful reproductionof the election return, all members thereof shallannotate and sign a certification to that effect onthe bottom front of the print.Each certified printed copy shall be placedin an envelope and distributed as herein provided.Designated recipients of the certified print copiesm ay receive their copies at the polling place orcounting center.Immediately upon the accomplishment ofthe election returns for local positions, the secondcopy of the same shall be posted on a wall with

sufficient lighting within the premises of thepolling place.The other copies of election returns for bothnational and local positions shall be sealed in thepresence of the watchers and the public, andplaced in the proper envelope, which shall likewisebe sealed and distributed as herein provided.


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40Any election return with a separately printedserial number or which bears a different serialnumber from that assigned to the particular pollingplace concerned shall not be canvassed. This is tobe determined by the board of canvassers prior to

its canvassing on the basis of the certification of theprovincial, city or municipal treasurer as to these r i a l number of the election return assigned to thesaid voting precinct, unless the Commission shallorder in writing for its canvassing, stating thereason for the variance in serial numbers.If the signatures and/or thumbmarks of themembers of the board of election inspectors orsome of them as required in this provision aremissing in the election returns, the board ofcanvassers may summon the members of the boardof election inspectors concerned to complete thereturns.The citizens arm is mandated to present forperusal its copy of the election return to the boardof election canvassers upon the request of anyinterested candidate.Any violation of this section, or its pertinentportion, shall constitute an election offense andshall be penalized in accordance with BatasPambansa Blg. 881.In addition, the following shall likewise beguilty of an election offense:(a) Any person who removes the electionreturn posted on the wall, whether within or afterthe prescribed forty-eight (48) hours of posting, ordefaces the same in any manner;

Any person who simulates an actualelection return, or a print or digital copy thereof;6)


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43(5) The fifth copy, to the dominant majoritypa rty as determined by the Commission inaccordance with law;(6) The sixth copy, to the dominantminority party as determined by the Commissionin accordance with law; and(7) The seventh copy, to a citizens armauthorized by the Commission to conduct anunofficial count: Provided, however, That theaccreditation of the citizens arm shall be subjectt o the provisions o f Section 52(k) of BatasPambansa Blg. 881; and (8) The eighth copy shall be depositedinside the compartment of the ballot box for validvotes. T h e copy of the election return posted onthe wall shall be open for public viewing at anytime of the day for forty-eight (48) hours followingits posting. Any person may view or capture animage of the election return by means of any datacapturing device such as, but not limited t o ,cameras at any time of the day for forty-eight (48)hours following its posting. After the prescribedperiod for posting, the chairman of the board ofelection Inspectors shall collect the posted electionreturns and keep the same in his custody to beproduced for image or data capturing as may berequested by any voter or for any lawful purposeas may be ordered by competent authority.Except for those copies that are required tobe delivered, copies of election returns may beclaimed at the polling place. Any unclaimed copyshall be brought by the chairman of the board ofelection inspectors to the canvassing center wherethe recipients or their representatives may claimthem. Copies still unclaimed at the canvassingcente-i shall be deemed placed in the custody of thechairman of the board of election inspectors, who


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45

(g)

The certified print copies may be claimed atthe polling place. Any unclaimed copy shall bebrought by the chairman of the board of electioninspectors to the canvassing center where therecipients or their representatives may claim them.Copies s t g unclaimed at the canvassing centershall be placed in the custody of the chairman ofthe board of election inspectors, who shall producethem when requested by the recipient or whenordered by a competent authority. A n y provision of law to the contrarynotwithstanding, any of the recipients of the printor digital copies of th e election return may conductan unofficial consolidation of votes and mayannounce the result to the public.The Commission shall post its digital filesin its website for the public to view or downloadat any time of the day. The Commission shallmaintain the files for at least three years from thedate of posting.Any violation of this section, or its pertinentportion, shall constitute an election offense andshall be penalized in accordance with BatasPambansa Blg. 881.

SEC. 4. Sec. 26 of Republic Act No. 7166 is herebySEC.26. OBcikl Watchers.- Every registeredpolitical party or coalition of political parties, andevery candidate shall each be entitled to one watcherin every polling place and canvassing center:Provided, That, candidates for the SangguniangPanlalawigan, Sangguniang Panlungsod, orSangguniang Bayan belonging to the same slate or

The last copy to the provincial board ofcanvassers.



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46ticket shall collectively be entitled to only onewatcher.

The dominant majority party and dominantminority party, which the Commission shalldetermine in accordance with law, shall each beentitled to one official watcher who shall be paida fixed per diem of Four hundred pesos (P400.00).

There shall also be recognized six principalwatchers, representing the six accredited majorpolitical parties excluding the dominant majorityand minority parties, who shall be designated bythe Commission upon nomination of the saidparties. These political parties shall be determinedby the Commission upon notice and hearing on thebasis of the following circumstances:

The established record of the saidparties, coalition of groups that now composedthem, taking into account, among other things,their showing in past elections;The number of incumbent electiveofficials belonging to them ninety (90) days beforethe date of election;

(c) Their identifiable political organizationsand strengths as evidenced by their organized/chapters;(d) The ability to fill a complete slate ofcandidates from the municipal level to the position

of President; and(e) Other analogous circumstances thatmay determine their relative organizations andstrengths.

(a)

(b)

SEC. 35. Section 206 of Batas Pambansa Blg. 881 ishereby amended to read as follows:


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48be penalized in accordance with Batas PambansaBlg. 881."SEC. 36. Section 18 of Republic Act No. 6646 is herebySEC. 37. Section 30 of Republic Act No. 7166 is hereby

"SEC.30. Congress as the National Board ofCanvassers for the Election of President and EcePresident: The Commission en banc a s theNational Board o f Canvassers for the election ofsenators: Determination of Authenticity and DueExecution of Certificates o f Canvase. - Congressand the Commission en banc shall determine theauthenticity and due execution of the certificate ofcanvas for president and vice-president andsenators, respectively, as accomplished andtransmitted to it by the local boards of canvassers,on a showing that: (1) each certificate of canvasswas executed, signed and thumbmarked by thechairman and members of the board of canvassersand transmitted or caused to be transmitted toCongress by them; (2) each certificate of canvasscontains the names of all of the candidates fo rpresident and vice-president or senator, as the casemay be, and their corresponding votes in wordsand in figures; (3) there exits no discrepancy inother authentic copies of the certificates of canvassor in any of its supporting documents such asstatement of votes by city/municipality/by precinctor discrepancy in the votes of any candidate inwords and figures in the certificate; and (4) hereexists no discrepancy in the votes of any candidatein words and figures in the certificate of canvassagainst the aggregate number of votes appearingin the election returns of precincts covered by thecertificate of canvass: Provided, That certified printcopies of election returns or certificates of canvassmay be used for t h e purpose of verifying theexistence of the discrepancy.

repealed.amended to read as follows:


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Sec. 15. Preproclamation Cases in ElectionsforPresident, We-President, Senator, and Memberof the House o f Representatives. - For purposes ofthe elections for president, vice-president, senator,and member of the House of Representatives, nopre-proclamation cases shall be allowed on mattersrelating to the preparation, transmission, receipt,custody and appreciation of election returns or thecertificates of canvass, as the case may be, exceptas provided for in Section 30 hereof. However, thisdoes not preclude the authority of the appropriatecanvassing body motu propio or upon writtencomplaint of an interested person to correctmanifest errors in the certificate of canvass orelection returns before it.

Questions affecting the composition orproceedings of the board of canvassers may beinitiated in the board or directly with theCommission in accordance with Section 19 hereof.Any objection on the election returns beforethe city or municipal board of canvassers, or onthe municipal certificates of canvass before theprovincial board of canvassers or district board ofcanvassers in Metro Manila Area, shall bespecifically noticed in the minutes of theirrespective proceedings.

SEC. 39. Section 28 of Republic Act No. 7186 is herebyamended as follows:Sec. 28. Canvassing by Provincial City,Diati-ict and Municipal Board of Canvassers. - a )The city or municipal board of canvassers shallcanvass the election returns of President, VicePresident, Senator and Members of the House ofRepresentatives and for elective provincial and cityor municipal officials: Provided, That the returnsfor national positions shall be canvassed first.Upon completion of the canvass, it shall prepare


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51the certificate of canvass for president, vice-president,senato rs and members of th e House ofRepresentatives and elective provincial officials,announce the results of the election for nationalpositions in the city or municipality, andthereafter, proclaim the elected city or municipalofficials, as the case may be.

The city board of canvassers of citiescomprising one or more legislative districts shallcanvass the election returns for president, vice-president, senators, members of the House ofRepresentatives and elective city officials: Provided,That the returns for national positions shall becanvassed first. Upon completion of the canvass,the board shall prepare the certificate of canvassof president, vice.president, and senators announcethe results of the election for national positions inthe city, and thereafter, proclaim the electedmembers of the House of Representatives and cityOfficials."c) (1) In the Metro Manila Area such

municipality comprising a legislative district shallhave district hoard of canvassers which shallcanvass the election returns for President, VicePresident, Senators, Members of the House ofRepresentatives and elective municipal officials:Provided, That the returns for national positionsshall be canvassed fiist. Upon completion of thecanvass, it shall prepare the certi6cate of canvassfor president, vice-president and senators,announce the results of the election for nationalpositions in the municipality, and thereafter,proclaim the elected member of the House ofRepresentatives and municiqal officials.Each component municipality in alegislative district in the Metro Manila Area shallhave a municipal board of canvassers which shallcanvass the election returns for president, vice-president, senators, member of the House of

Representatives and elective municipal officials:

"b)

"(2)


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52Provided, That the returns for national positionsshall be canvassed first. Upon completion of thecanvass, each shall prepare the certificate ofcanvass for president, vice-president, senators, andmembers of the House of Representatives,announce the results of the election for nationalpositions in the municipality, and thereafter,proclaim the elected municipal officials,

(3) The district board of canvassers of eachlegislative district comprising two municipalities inthe M e t r o Manila Areas shall canvass thecertificate of canvass fo r President, Vice-president,Senators and Members of the House ofRepresentatives submitted by the municipal boardof canvassers of the component municipalities.Upon completion of the canvass, it shall preparea certificate of canvass for president, vice-presidentand senators, announce the results of the electionfo r national positions in the district, andthereafter, proclaim the elected member of theHouse of Representatives in the legislative district,

(d) The prbvincial board of canvassers shallcanvass the certificate of canvass for president,vice-president, senators, and members of the Houseof Representatives and elective provincial officialsas well as plebiscite results, if any plebiscite isconducted simultaneously with the same election,as submitted b y the board of canvassers ofmunicipalities and component cities: Provided,Thatthe returns fo r national positions shall becanvassed first. Upon completion of the canvass,it shall prepare the certificate of canvass forpresident, vice-president, and senators, announcethe results of the election for national positions inthe province, and thereafter, proclaim the electedmember of the House of Representatives andprovincial officials as well as the plebiscite results,if any.

In conducting the canvass of election returnsor certificates of canvass, as the case may be, the


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53board of canvassers in a municipality, city, districtor province shall project each election return orcertificate of canvass on a wall from which itscontents shall be read in order that those presentin the canvassing center may follow the progressof the canvassing process from beginning to end.The Commission may utilize the appropriateprojection equipment for this purpose.

Immediately after the certificate of canvassfor national positions is accomplished, thechairman of the Board o f Canvassers shallannounce the posting of the second copy thereofand its supporting statement of votes on a wallwith sufficient lighting within the premises of thecanvassing center. He shall then proceed to do thesame in the presence of the other members of theboard, the watchers and those present in thecanvassing center. without delay and whenfeasible, he shall capture images of the certificateof canvass and supporting statement of votes usinga secured data capturing device and thereafter,while in the premises of the canvassing center,immediately print the data so captured in thirty(30) copies. The board of canvassers shall thenauthenticate each printed copy, in the presence ofwatchers and within public view, by closelycomparing the same with the certificate of canvassor statement of votes, as the case may be, postedon the wall. if the board finds each printed copya faithful reproduction of the certificate of canvassor statement of votes, all members thereof shallannotate and sign a certification to that effect onthe bottom front of the printed copy.

Each certified printed copy shall be placedin an envelope and distributed as herein provided.Designated recipients of the certified printed copiesmay receive their copies a t the canvassing center.The chajrman of the board shall transmit thedigital files of the certificate of canvass and its

supporting statement of votes using a secured


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54transmission device with authenticaCon features tothe secured tabulation system of the Commissionand to the systems of the other designatedrecipients as herein provided.

Any provision of law to the contrarynotwithstanding, any of the recipients of the printor digital copies of the certificate of canvass andthe supporting statements of votes may conduct anunofficial consolidation of votes and may announcethe result thereof to the public.Any violation of this section, or its pertinentportion, shall constitute an election offense and

shall be penalized in accordance with BatasPambansa Blg. 881.In addition, the following shall likewise beguilty of an election offense:(a) Any person who removes the certificateof canvass posted on the wall, whether within orafter the prescribed forty-eight (48) hours ofposting, or defaces the same in any manner;

Any person who simulates an actualcertificate of canvass or statement of votes, or aprint or digital copy thereof;(c) Any person who simulates thecertification of a certificate of canvass or statementof votes;(d) The chairman or any member of theboard of canvassers who, during the prescribedperiod of posting, removes the Certificate of canvassor its supporting statement of votes from the wallon which they have been posted other than for thepurpose of immediately transferring them to amore suitable place;

The chairman o r any member of theboard of canvassers who signs or authenticates a

(b)

(e)


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56the Commission shall decide which parties shallreceive the copies of the certificate of canvass onthe basis of the criteria provided in Section 26hereof. The parties receivmg the certificates shallhave the obligation to furnish the other partieswith authentic copies thereof with the leastpossible delay.

b) The certificate of canvass for president,vicepresident, senators shall be prepared in seven(7) copies by the city boards of canvassers of citiescomprising one or more legislative districts, byprovincial boards of canvassers and by districtboards of canvassers in the Metro Manila Area,and distributed as follows:

(1) The first copy shall be sent t o theCongress, directed to the President of the Senatef o r use in the canvass of election results forpresident and vice-president;The second copy shall be sent to theCommission fo r use in the canvass of the electionresults for Senators;The third copy shall be posted on awall within the premises of the canvassing center;The fourth copy shall be kept by theChairman of th e Board; andThe fifth copy shall be given to thecitizens arm designated by the Commission to

conduct a media.based unofficial count, and thesixth and seventh copies shall be given to therepresentatives of two of the six major politicalparties in accordance with the voluntary agreementof the parties. If no such agreement is reached,the Commission shall decide which parties shallreceive the copies of the certificate of canvass onthe basis of the criteria provided in Section 26hereof. The parties receiving the certificates shallhave the obligation to furnish the other parties

(2)

(3)(4)(6)


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57with authentic copies thereof with the least possibledelay.

The copy of the certificate of canvass postedon the wall shall be open for public viewing at anytime of the day for fortyeight (48) hours followingits posting. A ny person may view or capture animage of the certificate of canvass. After theprescribed period for posting, the chairman of theboard of canvassers sha ll collect the postedcertificate of canvass and keep the same in hiscustody to be produced for image or data capturingas may be requested by any voter or for an y lawfulpurpose as may be ordered by competent authority.Except for those copies that are required tobe delivered, copies of certificates of canvass maybe claimed at the canvassing center. Anyunclaimed copy shall be deemed placed in thecustody of the chairman of the board of canvassers,who shall produce them when requested by therecipi ent or when ordered by a compe tentauthority.The thirty (30) certified print copies of thecertificate of canvass for national positions shall bedistributed as follows:(a) The first fourteen (14) copies shall begiven to the fourteen (14) ccredited major nationalparties in accordance with a voluntary agreementamong them. If no such agreement is reached, theCommission shall decide which parties shallreceive the copies on the basis of the criteriaprovided in Section 26 hereof;(b) The next three copies shall be given tothe three accredited major local parties inaccordance with a voluntary agreement amongthem. If no such agreement is reached, theCommission shall decide which parties shall receivethe copies on the basis of criteria analogous to that

provided in Section 26 hereof;


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59The first paragraph of Sec. 52 of BatasPambansa Blg. 881 is hereby amended to read as follows:

SEC. 52. Powers and Functions o f theCommission on Elections. - In addition to thepowers and functions conferred upon it by theConstitution, the Commission shall have exclusivecharge of the enforcement and administration of alllaws relative to the conduct of elections for thepurpose of ensuring free, orderly and honestelections, except as otherwise provided herein andshall:SEC. 42.

SEC, 41.

Section 27 @) of Republic Act No. 6646 ishereby amended to read as follows:

S E C . 27. Election Offenses; ElectoralSabotage. - In addition to the prohibited acts andelection offenses enumerated in Sections 261 and262 of Batas Pambansa Elg. 881, as amended, thefollowing shall be guilty of an election offense ora special election offense to be known as electoralsabotage:(a) x x x6) A n y person or member of the board ofelection inspectors or board of canvassers whotampers, increases or decreases the votes receivedby a candidate in any election or any member ofthe board who refuses, after proper verificationand hearing, to credit the correct votes or deductsuch tampered votes: Provided, however, That

when the tampering, increase or decrease of votesor the refusal to credit the correct votes andfor todeduct tampered votes are perpetrated on a largescale or in substantial numbers, the same shall beconsidered, not as an ordinary election offenseunder Sections 261 and/or 262 of the omnibuselection code, but a special election offense to beknown as electoral sabotage and the penalty to beimposed shall be life imprisonment.


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60The act or offense committed shall fall underthe category of electoral sabotage in any of thefollowing instances;(1) When the tampering, increase and/or

decrease of votes perpetrated or the refusal tocredit the correct votes or to deduct tamperedvotes, %/are committed in the election of a nationalelective office which is voted upon nationwide andthe tampering, increase and/or decrease votes,refusal to credit the correct votes or to deducttampered votes, shall adversely affect the resultsof the election to the said national office to theextent that losing candidatek islare made t oappear the winneds;(2) Regardless of the elective office involved,when the tampering, increase andlor decrease ofvotes committed or the refusal to credit the correctvotes or to dedrict tampered votes perpetrated, isaccomplished in a single election document or inthe transposition of the figureslresults from oneelection document t.0 another and involved in thesaid tampering increase and/or decrease or refusalto credit correct votes or deduct tampered votesexceed five thousand (5,000) votes, and that thesame adversely affects the true results of theelection;

(3) Any and all other forms or tamperingincreasek and/or decrease/s of votes perpetuated orin cases of refusal to credit the correct votes ordeduct the tampered votes, where the total votesinvolved exceed ten housand (10,000) votes:

Provided h a . & That any and all eitherpersons or individuals determined to be inconspiracy or in connivance with the members ofthe BEIs or BOCs involved, shall be meted thesame penalty of life imprisonment.SEC. 43. Section 265 of Batas Pambansa Blg. 881 ishereby amended to read as follows:


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"SEC. 265. Prosecutio~~. The Commissionshall, through its duly authorized legal officers,have the power, concurrent with the otherprosecuting arms of the government, to conductpreliminary investigation of all election offensespunishable under this Code, and t o prosecute thesame."SEC.44. &propriatiom, - To carry out the provisionsof this Act, the amount necessary fo r the automated systemshall be charged against the Two billion six hundred millionpesos (?2,600,000,000.00) modernization fund in the currentyear's appropriations of the Commission. Further, the amountnecessary to carry out the manual system,, at a maximumof Three billion pesos (P3,000,000,008), shall be chargedagainst the current year's appropriation of the Commi~sion.Thereafter, such sums as may be necessary for thecontinuous implementation of this Act shall be included inthe annual General Appropriations Act.If the said funds shall not be fully utilized, the sameshall continue to be appropriated fo r the electoral

modernization as set forth in this Act and shall not revertto the General Fund.SEC. 45. Separability Clause. - If, for any reason, anysection o r provision of this Act or any part thereof, or theapplication of such section, provision or portion is declaredinvalid or unconstitutional, the remainder thereof shall notbe affected by such declaration.SEC. 46. Repealing Clause. - All laws, presidentialdecrees, executive orders, rules and regulations o r partsthereof inconsistent with the provisions of this Act arehereby repealed or modified accordingly.SEC. 47. Effectivity. - This Act shall take effect fifteen(15) days after its publication in a newspaper of generalcirculation.


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Republic Act No. 9369 (Automation Law)

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