ra 9369 automated election system law

8/13/2019 RA 9369 Automated Election System Law

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Republic of the Philippines

Congress of the Philippines

Metro Manila

Thirteenth Congress

Third Regular Session

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

Republic Act No. 9369 January 3! ""#

Amending RA 8436

AN ACT A$%N&'N( R%P)*+'C ACT N,. -36! %NT'T+%& /AN ACT

A)T0,R'1'N( T0% C,$$'SS',N ,N %+%CT',NS T, )S% AN A)T,$AT%&

%+%CT',N S2ST%$ 'N T0% $A2 ! 99- NAT',NA+ ,R +,CA+ %+%CT',NSAN& 'N S)*S%4)%NT NAT',NA+ AN& +,CA+ %+%CT,RA+ %5%RC'S%S! T,

%NC,)RA(% TRANSPAR%NC2! CR%&'*'+'T2! A'RN%SS AN& ACC)RAC2 ,

%+%CT',NS! A$%N&'N( ,R T0% P)RP,S% *ATAS PA$PANSA *+(. --! AS

A$%$&%&! R%P)*+'C ACT N,. #66 AN& ,T0%R R%+AT%& %+%CT',NS +A7S!

PR,8'&'N( )N&S T0%R%,R AN& ,R ,T0%R P)RP,S%S/

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress

assembled

S%CT',N .!e"tion # of Re$u%li" a"t &o.8436 is here%y amended to read as follows

'!()*+& #.Declation of Policy. - +t is $oli"y of the !tate to ensure free, orderly,

honest, $ea"eful, "redi%le and informed ele"tions, $le%is"ites, referenda, re"all and other

similar ele"toral exer"ises %y im$roing on the ele"tion $ro"ess and ado$ting systems,

whi"h shall inoled the use of an automated ele"tion system that will ensure the se"re"yand san"tity of the %allot and all ele"tion, "onsolidation and transmission do"uments on

order that the $ro"ess shall %e trans$arent and "redi%le and that the results shall %e fast,

a""urate and refle"tie of the genuine will of the $eo$le.

'*he !tate re"ognies the mandate and authority of the )ommission to $res"ri%e ado$tionand use of the most suita%le te"hnology of demonstrated "a$a%ility ta/ing into a""ount

the situation $reailing in the area and the funds aaila%le for the $ur$ose.'

S%C. .!e"tion 0 of Re$u%li" A"t &o. 8436 is here%y amended to read as follows

'!(). 0.Definition of Terms. - As used in this A"t, the following terms shall mean
http://www.lawphil.net/statutes/repacts/ra1997/ra_8436_1997.htmlhttp://www.lawphil.net/statutes/repacts/ra1997/ra_8436_1997.html


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'#. Automated ele"tion system, hereinafter to as A(! - a system using a$$ro$riate

te"hnology whi"h has %een demonstrated in the oting, "ounting, "onsolidating,

"anassing, and transmission of ele"tion result, and other ele"toral $ro"ess1

'0.Electronic transmission- "oneying data in ele"troni" form from one lo"ation to

other1

'3. Official ballot- where A(! is utilied, refers to the $a$er %allot, whether $rinted or

generated %y the te"hnology a$$lied, that faithfully "a$tures or re$resents the otes "ast%y a oter re"orded or to %e re"orded in ele"troni" form1

'4.Election returns- a do"ument in ele"troni" and $rinted form dire"tly $rodu"ed %y the

"ounting or oting ma"hine, showing the date of the ele"tion, the $roin"e, muni"i$ality

and the $re"in"t in whi"h it is held and the otes in figures for ea"h "andidate in a$re"in"t in areas where A(! is utilied1

'2. Statement of votes- a do"ument "ontaining the otes o%tained %y "andidates in ea"h$re"in"t in a "itymuni"i$ality1

'6. Citymunicipaldistrictprovincial certificate of canvass- a do"ument in ele"troni" and$rinted form "ontaining the total otes in figures o%tained %y ea"h "andidate in a

"itymuni"i$alitydistri"t$roin"e as the "ase may %e. *he ele"troni" "ertifi"ates of

"anass shall %e the offi"ial "anass result in the aforementioned urisdi"tions1

'5.Paper!based election system- a ty$e of automated ele"tion system that use $a$er%allots, re"ords and "ounts otes, ta%ulates, "onsolidates"anasses and transmits

ele"troni"ally the results of the ote "ount1'

'8.Direct recording electronic election system- a ty$e or automated ele"tion system that

uses ele"troni" %allots, re"ords, otes %y means of a %allot dis$lay $roided withme"hani"al or ele"tro-o$ti"al "om$onent that "an %e a"tiated %y the oter, $ro"esses

data %y means of a "om$uter $rograms, re"ord oting data and %allot images, and

transmits oting results ele"troni"ally1

'. Counting center- a $u%li" $la"es within the "itymuni"i$ality or in su"h other $la"esas may %e designated %y the )ommission where the offi"ial %allots "ast in arious

$re"in"ts of the "itymuni"i$ality shall %e "ounted. 7olling $la"es or oting "enters may

also %e designated as "ounting "enters1

'#. Continuity plan- a list of "ontingen"y measures, and the $oli"ies for a"tiation ofsu"h, that are $ut in $la"e to ensure "ontinuous o$eration of the A(!1

'##.Disabled voters- a $erson with im$aired "a$a"ity to use the A(!1

'#0. Source code- human reada%le instru"tions that define what the "om$uter e9ui$ment

will do1 and


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'#3. !tation- refers to a $olling $la"e, "ounting "enter, muni"i$al or $roin"ial "anassing

"enter.'

S%C. 3.!e"tion 3 of Re$u%li" A"t &o. 8436 is here%y amended to read as follows

'!() 3.Board of Election "nspectors. - :here A(! shall %e ado$ted, at least onemem%er of the Board of (le"tion +ns$e"tors shall %e an information te"hnology-"a$a%le

$erson, who is trained or "ertified %y the ;!* to use the (A!. !u"h "ertifi"ation shall

%e issued %y the ;!*, free of "harge.'

S%C. .!e"tion 4 of Re$u%li" A"t &o. 8436 is here%y deleted. *he su""eeding se"tion arehere%y renum%ered a""ordingly.


'!(). 4"nformation Technology Support for the Board of Canvassers. - *o im$lement

the A(!, ea"h %oard of "anassers shall %e assisted %y an information te"hnology-"a$a%le $erson authoried to o$erate the e9ui$ment ado$ted for the ele"tions. *he

)ommission shall de$utied information te"hnology $ersonnel from among the agen"ies

and instrumentalities of the goernment, in"luding goernment-owned and "ontrolled"or$orations. *heper diemof the de$utied $ersonnel shall %e the same as that of the

mem%ers of the %oard of "anassers.'


'!(). 2#uthority to $se an #utomated Election System. - *o "arry out the a%oe-stated

$oli"y, the )ommission on (le"tions, herein referred to as the )ommission, is here%y

authoried to use an automated ele"tion system or systems in the same ele"tion indifferent $roin"es, whether $a$er-%ased or a dire"t re"ording ele"troni" ele"tion system

as it may deem a$$ro$riate and $ra"ti"al for the $ro"ess of oting, "ounting of otes and"anassing"onsolidation and transmittal of results of ele"toral exer"isesProvided, that

for the regular national and lo"al ele"tion, whi"h shall %e held immediately after

effe"tiity of this A"t, the A(! shall %e used in at least two highly ur%anied "ities andtwo $roin"es ea"h in


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>a? Ade9uate se"urity against unauthoried a""ess

>%? A""ura"y in re"ording and reading of otes as well as in the ta%ulation,

"onsolidation"anassing, ele"troni" transmission, and storage of results1

>"? (rror re"oery in "ase of non-"atastro$hi" failure of dei"e1

>d? !ystem integrity whi"h ensures $hysi"al sta%ility and fun"tioning of the ote

re"ording and "ounting $ro"ess1

>e? 7roision for oter erified $a$er audit trail1

>f? !ystem audita%ility whi"h $roides su$$orting do"umentation for erifying the

"orre"tness of re$orted ele"tion results1

>g? An ele"tion management system for $re$aring %allots and $rograms for use in the

"asting and "ounting of otes and to "onsolidate, re$ort and dis$lay ele"tion result in theshortest time $ossi%le1

>h? A""essi%ility to illiterates and disa%le oters1

>i? =ote ta%ulating $rogram for ele"tion, referendum or $le%is"ite1

>? A""urate %allot "ounters1

>/? ;ata retention $roision1

>l? 7roide for the safe/ee$ing, storing and ar"hiing of $hysi"al or $a$er resour"e usedin the ele"tion $ro"ess1

>m? @tilie or generate offi"ial %allots as herein defined1

>n? 7roide the oter a system of erifi"ation to find out whether or not the ma"hine hasregistered his "hoi"e1 and

>o? )onfigure a""ess "ontrol for sensitie system data and fun"tion.

'+n the $ro"urement of this system, the )ommission shall deelo$ and ado$t an

ealuation system to as"ertain that the a%oe minimum system "a$a%ilities are met. *hisealuation system shall %e deelo$ed with the assistan"e of an adisory "oun"il.'

S%C.-.A new !e"tion 5 is here%y $roided to read as follows

'!().5 Communication Channels for Electronic Transmissions. - all ele"troni"

transmissions %y and among the (A! and its related "om$onents shall utilies se"ure


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"ommuni"ation "hannels as re"ommended %y the Adisory )oun"il, to ensure

authenti"ation and integrity of transmission.'

S%C. 9.&ew se"tion 8,, # and ## are here%y $roided to read as follows

'!().8. The #dvisory Council. - *he )ommission shall "reate an adisory )oun"il,hereafter referred to as the )oun"il, whi"h shall %e "onened not later than eighteen >#8?

months $rior to the next s"hedule ele"toral exer"ise, and dea"tiated six months after

"om$letion of "anassingProvided, for $ur$oses of the 05 ele"tions, the Adisory)oun"il shall %e immediately "onened within ten >#? days after the effe"tiity of this

A"t.

'*he )oun"il shall %e "om$osed of the following mem%ers, who must %e registered

ili$ino oters, of /nown inde$enden"e, "om$eten"e and $ro%ity1

'>a? *he )hairman of the )ommission on information and )ommuni"ations *e"hnology

>)+)*? who shall a"t as the "hairman of the "oun"il1

'>%? ne mem%er from the ;e$artment of !"ien"e and *e"hnology1

'>"? ne mem%er from the ;e$artment of (du"ation1

'>d? ne mem%er re$resenting the a"ademe, to %e sele"ted %y the "hair of the Adisory

)oun"il from among the list of nominees su%mitted %y the "ountrys a"ademi"institutions1

'>e? *hree mem%ers re$resenting +)* $rofessional organiations to %e sele"ted %y the

"hair of the Adisory )oun"il from among the list of nominees su%mitted %y 7hili$$ines-%ased +)* $rofessional organiation. &ominees shall %e indiiduals, at least one of whom

shall %e ex$erien"e in managing or im$lementing large-s"ale +* $roe"ts.

'>f? *wo mem%ers re$resenting nongoernmental ele"toral reform organiations, to %e

sele"ted %y the "hair of the Adisory )oun"il from among the list of nominees su%mitted%y the "ountrys nongoernmental ele"toral reform organiations.

'A $erson who is affiliated with any $oliti"al $arty or "andidate for any national $osition,

or is related to a "andidate for any national $osition %y affinity or "onsanguinity within

the fourth "iil degree, shall not %e eligi%le for a$$ointment or designation to the

Adisory )oun"il. !hould any su"h situation arise at any time during the in"um%en"y ofa mem%er, the designation or a$$ointment of that mem%er, shall ipso facto%e terminated.

'Any mem%er of the adisory "oun"il is $rohi%ited from engaging, dire"tly or indire"tly,

with any entity that ado"ates, mar/ets, im$orts, $rodu"es or in any manner handlessoftware, hardware or any e9ui$ment that may %e used for ele"tion $ur$oses for $ersonal

gain'.


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'Any iolation of the two immediate $re"eding $aragra$hs shall dis9ualify said mem%er

from the Adisory )oun"il and shall %e $unisha%le as $roided in this A"t and shall %e

$enalied in a""ordan"e with the Anti-Craft and )orru$t 7ra"ti"es A"t and other relatedlaws.

'*he "oun"il may aail itself of the ex$ertise and seri"es of resour"e $erson who are/nown inde$enden"e, "om$eten"e and $ro%ity, are non$artisan, and do not $osses any of

the dis9ualifi"ations a$$li"a%le to a mem%er of the Adisory )oun"il as $roided herein.*he resour"e $ersons shall also %e su%e"t to the same $rohi%itions and $enalties as the

mem%ers of the Adisory )oun"il.

'*he "ommission on information and "ommuni"ations te"hnology >)+)*?, shall in"ludein its annual a$$ro$riation the funds ne"essary to ena%le the "oun"il to effe"tiely

$erform its fun"tions'.

'!(). .'unction of the #dvisory Council. - the )oun"il shall hae the following

fun"tions

#. Re"ommend the most a$$ro$riate, se"ure, a$$li"a%le and "ost-effe"tie te"hnology to%e a$$lied in the A(!, in whole or in $art, at that s$e"ifi" form in time.

0. 7arti"i$ate as nonoting mem%ers of the Bids and Awards )ommittee in the "ondu"t of

the %idding $ro"ess for the A(!. Mem%ers of the Adisory )oun"il re$resenting the +)*

7rofessionals organiations are here%y ex"luded from $arti"i$ating in any manner in theBids and Awards )ommittee.

3. 7arti"i$ate as nonoting mem%ers of the steering "ommittee tas/ed with the

im$lementation of the A(!, Mem%ers of the Adisory )oun"il re$resenting the +)*$rofessional organiation are here%y ex"luded from $arti"i$ating in any manner in thesteering "ommittee.

4. 7roide adi"e and assistan"e in the reiew of the systems $lanning, in"e$tion,

deelo$ment, testing, o$erationaliation, and ealuation stages.

2. 7roided adi"e andor assistan"e in the identifi"ation, assessment and resolution ofsystems $ro%lems or inade9ua"ies as may surfa"e or resurfa"e in the "ourse of the

%idding, a"9uisition, testing, o$erationaliation, re-use, storage or dis$osition of the A(!

e9ui$ment andor resour"es as the "ase may %e.

6. 7roided adi"e andor assistan"e in the ris/ management of the A(! es$e"ially whena "ontingen"y or disaster situation arises.

5. 7re$are and su%mit a written re$ort, whi"h shall %e su%mitted within six months from

the date of the ele"tion to the oersight "ommittee, ealuating the use of the A(!.


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&othing in the role of the )oun"il or any outside interention or influen"e shall %e

"onstrued as an a%di"ation or diminution of the )ommissions authority and res$onsi%ility

for the effe"tie deelo$ment, management and im$lementation of the A(! and thisA"t.'

*he Adisory )oun"il shall %e entitled to a ust and reasona%le amount ofper diemallowan"es andor honorariato "oer the ex$enses of the seri"es rendered "hargea%le

against the %udget of the )ommission.'

'!(). #. The Technical Evaluation Committee. - *he )ommission, in "olla%oration with

the "hairman of the Adisory )oun"il, shall esta%lish an inde$endent te"hni"al ealuation

"ommittee, herein /nown as the )ommittee, "om$osed of a re$resentatie ea"h from the)ommission, the )ommission on +nformation and )ommuni"ations *e"hnology and the

;e$artment of !"ien"e and *e"hnology who shall a"t as "hairman of the )ommittee.

'*he )ommittee shall %e immediately "onened within ten >#? days after the effe"tiely

of this A"t.'

'!(). ##.'unctions of the Technical Evaluation Committee. - *he )ommittee shall"ertify, through an esta%lished international "ertifi"ation entity to %e "hosen %y the

)ommission from the re"ommendations of the Adisory )oun"il, not later than three

months %efore the date of the ele"toral exer"ises, "ategori"ally stating that the A(!,in"luding its hardware and software "om$onents, is o$erating $ro$erly, se"urely, and

a""urately, in a""ordan"e with the $roisions of this A"t %ased, among others, on the

following do"umented results

#. *he su""essful "ondu"t of a field testing $ro"ess followed %y a mo"/ ele"tion eent in

one or more "itiesmuni"i$alities1

0. *he su""essful "om$letion of audit on the a""ura"y, fun"tionally and se"urity "ontrols

of the A(! software1

3. *he su""essful "om$letion of a sour"e "ode reiew1

4. A "ertifi"ation that the sour"e "ode is /e$t in es"row with theBang(o Sentral ngPilipinas1

2. A "ertifi"ation that the sour"e "ode reiewed is one and the same as that used %y the

e9ui$ment1 and

6. *he deelo$ment, $roisioning, and o$erationaliation of a "ontinuity $lan to "oerris/s to the A(! at all $oints in the $ro"ess su"h that a failure of ele"tions, whether at

oting, "ounting or "onsolidation, may %e aoided.

or $ur$oses of the 05 ele"tions, the "ertifi"ation shall %e done not later than eight

wee/s $rior to the date of the ele"tions.


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'+f the )ommission de"ides to $ro"eed with the use of the A(! without the )ommittees

"ertifi"ation, it must su%mit its reason in writing, to the ersight )ommittee, no less

than thirty >3? days $rior to the ele"toral exer"ise where the A(! will %e used.

'*he )ommittee may aail itself of the ex$ertise and seri"e of resour"e $ersons who are

of /nown inde$enden"e, "om$eten"e and $ro%ity, are no $artisan, and who do not $ossessany of the dis9ualifi"ation a$$li"a%le to a mem%er of the Adisory )oun"il as $roided

herein. *he resour"e $ersons shall also %e su%e"t to the same $rohi%itions and $enaltiesas the mem%ers of the Adisory )oun"il.

'*he )ommittee shall "losely "oordinate with the steering "ommittee of the )ommission

tas/ed with the im$lementation of the A(! in the identifi"ation and agreement of the$roe"t deliera%les and timelines, and in the formulation of the a""e$tan"e "riteria for

ea"h deliera%le.'

S%C. ".!e"tion 8 of Re$u%li" A"t &o. 8436 is here%y amended to read as follow

'!().#0.Procurement of E)uipment and &aterials. - *o a"hiee the $ur$ose of this A"t,

the )ommission in authoried to $ro"ure, in a""ordan"e with existing laws, %y $ur"hase,lease, rent or other forms of a"9uisition, su$$lies, e9ui$ment, materials, software,

fa"ilities, and other seri"e, from lo"al or foreign sour"es free from taxes and im$ort

duties, su%e"t to a""ounting and auditing rules and regulation. :ith res$e"t to the May#, 0# ele"tion and su""eeding ele"toral exer"ises, the system $ro"ured must hae

demonstrated "a$a%ility and %een su""essfully used in a $rior ele"toral exer"ise here or

%oard. 7arti"i$ation in the 05 $ilot exer"ise shall not %e "on"lusie of the systemsfitness.

'+n determining the amount of any %id from a te"hnology, software or e9ui$mentsu$$lier, the "ost to the goernment of its de$loyment and im$lementation shall %e added

to the %id $ri"e as integral thereto. *he alue of any alternatie use to whi"h su"hte"hnology, software or e9ui$ment "an %e $ut for $u%li" use shall not %e dedu"ted from

the original fa"e alue of the said %id.'

S%C. .!e"tion of Re$u%li" A"t &o. 8436 is here%y amended to read as follow

'!().#3. Continuity Plan. - *he A(! shall %e so designed to in"lude a "ontinuity $lan in

"ase of a systems %rea/down or any su"h eentuality whi"h shall result in the delay,o%stru"tion or non$erforman"e of the ele"toral $ro"ess. A"tiation of su"h "ontinuity and

"ontingen"y measures shall %e underta/en in the $resen"e of re$resentaties of $oliti"al$arties and "itiens arm of the )ommission who shall %e notified %y the ele"tion offi"erof su"h a"tiation.

'All $oliti"al $arties and $arty-lists shall %e furnished "o$ies of said "ontinuity $lan at

their offi"ial addresses as su%mitted to the )ommission. *he list shall %e $u%lished in at

least two news$a$er of national of "ir"ulation and shall %e $osted at the we%site of the)ommission at least fifteen >#2? days $rior to the ele"toral a"tiity "on"erned.'


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"andida"yProvided, *hat, unlawful a"ts or omissions a$$li"a%le to a "andidate shall

effe"t only u$on that start of the aforesaid "am$aign $eriodProvided% finally, *hat any

$erson holding a $u%li" a$$ointie offi"e or $osition, in"luding a"tie mem%ers of thearmed for"es, and offi"ers, and em$loyees in goernment-owned or-"ontrolled

"or$orations, shall %e "onsidered ipso factorresigned from hisher offi"e and must a"ate

the same at the start of the day of the filing of hisher "ertifi"ation of "andida"y.

'7oliti"al $arties may hold $oliti"al "onentions to nominate their offi"ial "andidatewithin thirty >3? days %efore the start of the $eriod for filing "ertifi"ate of "andida"y.

':ith res$e"t to a $a$er-%ased ele"tion system, the offi"ial %allots shall %e $rinted %y the

&ational 7rinting ffi"e andor theBang(o Sentral ng Pilipinasat the $ri"e "om$ara%lewith that of $riate $rinters under $ro$er se"urity measures whi"h the )ommission shall

ado$t. *he )ommission may "onta"t the seri"es of $riate $rinters u$on "ertifi"ation %y

the &ational 7rinting ffi"eBang(o Sentral ng Pilipinasthat it "annot meet the $rinting

re9uirements. A""redited $oliti"al $arties and de$utied "itiens arms of the )ommission

shall assign wat"hers in the $rinting, storage and distri%ution of offi"ial %allots.

'*o $reent the use of fa/e %allots, the )ommission through the )ommittee shall ensure

that the ne"essary safeguards, su"h as, %ut not limited to, %ar "odes, holograms, "olor

shifting in/, mi"ro$rinting, are $roided on the %allot.

'*he offi"ial %allots shall %e $rinted and distri%uted to ea"h "itymuni"i$ality at the rate

of one %allot for eery registered oter with a $roision of additional three %allots $er

$re"in"t.'

S%C. .!e"tion #3 of re$u%li" A"t &o. 8436 is here%y amended to read as follows

'!(). #5.Ballot bo*. - :here a$$li"a%le, there shall %e in ea"h $re"in"t on ele"tion day a%allot %ox with su"h safety features that the )ommission may $res"ri%e and of su"h sie

as to a""ommodate the offi"ial %allots.'

S%C. .!e"tion #4 of Re$u%li" A"t &o. 8436 is here%y amended to read as follows

'!(). #8.Procedure in voting. - *he )ommission shall $res"ri%e the manner and$ro"edure of oting, whi"h "an %e easily understood and followed %y the oters, ta/ing

into "onsideration, among other things, the se"re"y of the oting.'

S%C. 6.!e"tion #2 of Re$u%li" A"t &o. 8436 is here%y amended to read as follows

'!(). #. Closing of polls.- *he )ommission shall $res"ri%e the time, manner and$ro"edure of "losing the $olls and the ste$s for the "orre"t re$orting of otes "ast and the

$ro$er "ondu"t of "ounting for areas "oered %y the A(!.'

S%C. #.!e"tion #6 of Re$u%li" A"t &o. 8436 is here%y amended to read as follows


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'!(). 0.,otice of Designation of Counting Centers. - *he ele"tion offi"er shall $ost

$rominently in hisher offi"e, in the %ulletin %oards at the "itymuni"i$al hall and in three

other "ons$i"uous $la"es in the "itymuni"i$ality, the noti"e on the designated "ounting"enter>s? for at least three wee/s $rior to ele"tion day. *he noti"e shall s$e"ify the

$re"in"ts "oered %y ea"h "ounting "enter and the num%er of registered oters in ea"h of

said $re"in"ts. *he ele"tion offi"er shall also furnish a "o$y of the noti"e to thehead9uarters or offi"ial address of the $oliti"al $arties or inde$endent "andidates within

the same $eriod. *he ele"tion offi"er shall $ost in the )ommission we%site "on"erned the

said noti"e and $u%lish the noti"e in the lo"al news$a$er. :here the $olling $la"e oroting "enter is also the designated "ounting "enter, su"h information shall %e "ontained

in the noti"e.

'*he )ommission may not designate as "ounting "enter any %uilding or fa"ility lo"ated

within the $remises of a "am$, reseration "om$ound, head9uarters, deta"hment, or fieldoffi"e of the military, $oli"e, $rison or detention %ureau, or any law enfor"ement or

inestigation agen"y.'

S%C. -.!e"tion #5 of Re$u%li" A"t &o. 8436 is here%y amended to read as follows

'!(). 0#. Counting procedure. - *he )ommission shall $res"ri%e the manner and

$ro"edure of "ounting the otes under the automated systemProvided, that a$art fromthe ele"troni"ally stored result, thirty >3? "o$ies of the ele"tion return are $rinted.'

S%C. 9.!e"tion #8 of Re$u%li" A"t &o. 8436 is here%y amended to read as follows

'!(). 00.Electronic Returns. - (a"h "o$y of the of the $rinted ele"tion returns shall %ear

a$$ro$riate "ontrol mar/s to determine the time and $la"e of $rinting. (a"h "o$y shall %e

signed and thum%mar/ed %y all the mem%ers of the %oard of ele"tion ins$e"tors and thewat"hers $resent. +f any mem%er of the %oard of ele"tion ins$e"tors $resent refuses to

sign, the "hairman of the %oard shall note the same "o$y in ea"h "o$y of the $rintedele"tion returns. *he mem%er of the %oard of ele"tion ins$e"tors "on"erned refusing to

sign shall %e "om$elled to ex$lain his or her refusal to do so. ailure to ex$lain an

unustifia%le refusal to sign ea"h "o$y of the $rinted ele"tion return %y any mem%er of the

%oard of ele"tion ins$e"tors shall %e $unisha%le as $roided in this A"t. *he "hairman ofthe %oards shall then $u%li"ly read and announ"e the total num%ers of registered oters,

the total num%er of oters who a"tually oted and the total num%ers of otes o%tained %y

ea"h "andidate %ased on the ele"tion returns.

'*hereafter, the "o$ies of the ele"tion returns shall %e sealed and $la"ed in the $ro$erenelo$es for distri%ution as follows

'A. +n the ele"tion of $resident, i"e-$resident, senators and $arty-list system1

#? *he first "o$y shall %e deliered to the "ity or muni"i$al %oard of "anassers1

0? *he se"ond "o$y, to the "ongress, dire"ted to the 7resident of the !enate1


12/38

3? *he third "o$y, to the "ommission1

4? *he fourth "o$y, to the "itiens arm authoried %y the )ommission to "ondu"t an

unoffi"ial "ount

2? *he fifth "o$y, to the dominant maority $arty as determined %y the )ommission ina""ordan"e with law1

6? *he six "o$y, to the dominant minority $arty as determined %y the )ommission in

a""ordan"e with law1 and

5? *he seenth "o$y shall %e de$osited inside the "om$artment of the %allot %ox for alid%allots.

8? *he eight "o$y to the 7roin"ial Board of "anassers1

? *he ninth to the eighteenth "o$ies, shall %e gien to the ten >#? a""redited maornational $arties, ex"luding the dominant maority and minority $arties, in a""ordan"e

with a oluntary agreement among them. +f no su"h agreement is rea"hed, the)ommission shall de"ide whi"h $arties shall re"eie the "o$ies on the %asis of the "riteria

$roided in !e"tion 06 of Re$u%li" A"t &o. 5#661

#? *he nineteenth and twentieth "o$ies, to the two a""redited maor lo"al $arties in

a""ordan"e with a oluntary agreement among them. +f no su"h agreement is rea"hed, the"ommission shall de"ide whi"h $arties shall re"eie the "o$ies on the %asis of "riteria

analogous to that $roided in !e"tion 06 of Re$u%li" A"t &o. 5#661

##? *he twenty-first to the twenty-fourth "o$ies, to national %road"ast or $rint mediaentities as may %e e9uita%ly determined %y the )ommission in iew of $ro$agating the

"o$ies to the widest extent $ossi%le1

#0? *he twenty-fifth and twenty-six "o$ies, to lo"al %road"ast or $rint media entities as

may %e e9uita%ly determined %y the )ommission in iew of $ro$agating the "o$ies to thewidest extent $ossi%le1 and

#3? *he twenty-seenth to the thirtieth "o$ies, to the maor "itiens arms, in"luding the

a""redited "itiens arm, and other non-$artisan grou$s or organiation enlisted %y the

)ommission $ursuant to !e"tion 20>/? of Batas 7am%ansa Blg. 88#. !u"h "itiens arm,

grou$s and organiation may use the four "ertified "o$ies of ele"tion returns for the"ondu"t of "itiens 9ui"/ "ounts at the lo"al or national leels1

'B. +n the ele"tion of lo"al offi"ials and mem%ers of the Douse of Re$resentaties

#? *he irst "o$y shall %e deliered to the "ity or muni"i$al %oard of "anassers1

0? *he se"ond "o$y, to the )ommission1


13/38


14/38

limited to "ameras at any time of the day for forty-eight >48? hours following its $osting.

After su"h $eriod, the "hairman of the %oard of ele"tion ins$e"tors shall deta"h the

ele"tion return from the wall and /ee$ the same in his "ustody to %e $rodu"ed as may %ere9uested %y any oter for image or data "a$turing or for any lawful $ur$ose as may %e

ordered %y "om$etent authority.

':ithin one hour after the $rinting of the ele"tion returns, the "hairman of the %oard of

ele"tion ins$e"tors or any offi"ial authoried %y the )ommission shall, in the $resen"e ofwat"hers and re$resentaties of the a""redited "itiens arm, $oliti"al $arties"andidates, if

any, ele"troni"ally transmit the $re"in"t results to the res$e"tie leels of %oard of

"anassers, to the dominant maority and minority $arty, to the a""redited "itiens arm,and to the-apisanan ng mga Brodcaster ng Pilipinas>EB7?.

'*he ele"tion results at the "itymuni"i$ality "anassing "enters shall %e transmitted in

the same manner %y the ele"tion offi"er or any offi"ial authoried %y the "ommission to

the distri"t or $roin"ial "anassing "enters.

'*he ele"tion returns transmitted ele"troni"ally and digitally signed shall %e "onsidered as

offi"ial ele"tion results and shall %e used as the %asis for the "anassing of otes and the

$ro"lamation of a "andidate.'

'After the ele"troni" results hae %een transmitted additional "o$ies not to ex"eed thirty>3? may %e $rinted and gien to re9uesting $arties at their own ex$ense.'

S%C. ".!e"tion 0# of Re$u%li" A"t &o. 8436 is here%y amended to read as follows

'!(). 02. Canvassing by Provincial% City% District and &unicipal Boards of Canvassers.

- *he )ity or Muni"i$al %oard of "anassers shall "anass the otes for the $resident,i"e-$resident, senators, and $arties, organiation or "oalitions $arti"i$ating under the$arty-list system %y "onsolidating the ele"troni"ally transmitted results "ontained in the

data storage dei"es used in the $rinting of the ele"tion returns. @$on "om$letion of the

"anass, it shall $rint the "ertifi"ate of "anass of otes for $resident, i"e-$resident,senators and mem%ers of the Douse of Re$resentaties and ele"tie $roin"ial offi"ials

and thereafter, $ro"laim the ele"ted "ity or muni"i$al offi"ials, as the "ase may %e.

'*he "ity %oard of "anassers of "ities "om$rising one or more legislatie distri"ts shall

"anass the otes for $resident, i"e-$resident, senators, mem%ers of the DouseRe$resentaties and ele"tie "ity offi"ials %y "onsolidating the "ertifi"ates of "anass

ele"troni"ally transmitted or the results "ontained in the data storage dei"es used in the$rinting of the ele"tion returns. @$on "om$letion of the "anass, the %oard shall$ro"edure the "anass of otes for $resident, i"e-$resident, and senators thereafter,

$ro"laim the ele"ted mem%ers of the Douse of Re$resentaties and "ity offi"ials.

'+n the Metro Manila area, ea"h muni"i$ality "om$rising a legislatie distri"t shall hae a

distri"t %oard of "anassers whi"h shall "anass the otes for $resident, i"e-$resident,senators, mem%ers of the Douse of Re$resentaties and ele"tie muni"i$al offi"ials %y


15/38

"onsolidating the ele"troni"ally transmitted results or the results "ontained in the data

storage dei"es used in the $rinting of the ele"tion returns. @$on "om$letion of the

"anass, it shall $rodu"e the "ertifi"ate of "anass of otes for $resident, i"e-$resident,and senators and thereafter, $ro"laim the ele"ted mem%ers of the Douse Re$resentaties

and muni"i$al offi"ials.

'(a"h "om$onent muni"i$ality in a legislatie distri"t in the Metro Manila area shall hae

a muni"i$al %oard of "anassers whi"h shall "anass the otes for $resident, i"e-$resident, senators, mem%ers of the house of Re$resentaties and ele"tie muni"i$al

offi"ials %y "onsolidating the results ele"troni"ally transmitted from the "ounting "enters

or the results "ontained in the data storage dei"es used in the $rinting of the ele"tionreturns. @$on "om$letion of the "anass, it shall $re$are the "ertifi"ate of "anass of

otes for $resident, i"e-$resident, senators, mem%ers of the Douse of Re$resentaties

and thereafter, $ro"laim the ele"ted muni"i$al offi"ials.

'*he distri"t %oard of "anassers of ea"h legislatie distri"t "om$rising two

muni"i$alities in the Metro Manila area shall "anass the otes for $resident, i"e-$resident, senators and mem%ers of the Douse of Re$resentaties %y "onsolidating the

"ertifi"ates of "anass ele"troni"ally transmitted from the "itymuni"i$al "onsolidating"enters or the results "ontained in the data storage dei"es su%mitted %y the muni"i$al

%oard of "anassers of the "om$onent muni"i$alities. @$on "om$letion of the "anass. +t

shall $rodu"e a "ertifi"ate of the "anass otes for $resident, i"e-$resident, senators andthereafter, $ro"laim the ele"ted mem%ers of the Douse of Re$resentaties in the

legislatie distri"t.

'*he distri"t$roin"ial %oard of "anassers shall "anass the otes for $resident, i"e-

$resident, senators, mem%ers of the Douse of Re$resentaties and ele"tie $roin"ial

offi"ials %y "onsolidating the results ele"troni"ally transmitted from the "itymuni"i$al"onsolidating "enters or the results "ontained in the data storage dei"es su%mitted %y the

%oard of "anassers of the muni"i$alities and "om$onent "ities. @$on "om$letion of the"anass, it shall $rodu"e the "ertifi"ates of "anass otes for $resident, i"e-$resident and

senators and thereafter, $ro"laim the ele"ted mem%ers of the Douse of Re$resentaties

and the $roin"ial offi"ial.

'*he muni"i$al, "ity, distri"t and $roin"ial "ertifi"ates of "anass of otes shall ea"h %esu$$orted %y a statement of otes.

':ithin one hour after the "anassing, the )hairman of the distri"t or $roin"ial Board of

)anassers or the "ity %oard of "anassers of those "ities whi"h "om$rise one or more

legislatie distri"ts shall ele"troni"ally transmit the "ertifi"ate of "anass to the"ommission sitting as the national %oard of "anassers for senators and $arty-list

re$resentaties and to the )ongress as the &ational Board of )anassers for the $resident

and i"e $resident, dire"ted to the 7resident of the !enate.


16/38

'*he )ommission shall ado$t ade9uate and effe"tie measures to $resere the integrity of

the "ertifi"ates of "anass transmitted ele"troni"ally and the results in the storage dei"es

at the arious leels of the %oards of "anassers.

'*he "ertifi"ates of "anass transmitted ele"troni"ally and digitally signed shall %e

"onsidered as offi"ial ele"tion results and shall %e used as the %asis for the $ro"lamationof a winning "andidate.'


'!(). 06.,umber of Copies of Certificates of Canvass of .otes and their distribution. ->a? *he "ertifi"ate of "anass of otes for $resident, i"e-$resident, senators, mem%ers of

the Douse of Re$resentaties, $arties, organiation or "oalitions $arti"i$ating under the

$arty-list system and ele"tie $roin"ial offi"ials shall %e $rodu"ed %y the "ity ormuni"i$al %oard of "anassers and distri%uted as follows

'>#? *he first "o$y shall %e deliered to the $roin"ial %oard of "anassers for use in the"anass of ele"tion results for $resident, i"e-$resident, senators, mem%ers of the Douse

of Re$resentaties, $arties, organiation or "oalitions $arti"i$ating under the $arty-listsystem and ele"tie $roin"ial offi"ials1

'>0? *he se"ond "o$y shall %e sent to the )ommission1

'>3? *he third "o$y shall %e /e$t %y the "hairman of the %oard1 and

'>4? *he fourth "o$y shall %e gien to the "itien arm designated %y the )ommission to

"ondu"t an unoffi"ial "ount. +t shall %e the duty of the "itiens arm to furnish

inde$endent "andidates "o$ies of the "ertifi"ate of "anass at the ex$ense of there9uesting $arty.

'>2? *he fifth "o$y to )ongress, dire"ted to the 7resident of !enate1

'>6? *he sixth "o$y to %e $osted on a wall within the $remises of the "anassing "enter1

'>5? *he seenth and eighth "o$ies shall %e gien to the dominant maority and minority$arties1

'>8? *he ninth to eighteenth "o$ies shall %e gien to the ten >#? a""redited maor

national $arties, ex"luding the dominant maority and minority $arties, in a""ordan"ewith a oluntary agreement among them. +f no su"h agreement is rea"hed, the)ommission shall de"ide whi"h $arties shall re"eie the "o$ies on the %asis of the "riteria

$roided in !e"tion 06 of Re$u%li" A"t no. 5#661

'>? *he nineteenth and twentieth "o$ies shall %e gien to the two a""redited maor lo"al$arties in a""ordan"e with a oluntary agreement among them. +f no su"h agreement is


17/38

rea"hed, the )ommission shall de"ide whi"h $arties shall re"eie the "o$ies on the %asis

of "riteria analogous to that $roided in !e"tion 06 of Re$u%li" A"t &o. 5#661

'>#? *he twenty-first to the twenty-fifth "o$ies to national %road"ast or $rint mediaentities as may %e e9uita%ly determined %y the )ommission in iew of $ro$agating the

"o$ies to the widest extent $ossi%le1

'>##? *he twenty-six and twenty-seen "o$ies, to lo"al %road"ast or $rint media entities

as may %e e9uita%ly determined %y the )ommission in iew of $ro$agating the "o$ies tothe widest extent $ossi%le1 and

'>#0? *he twenty-eighth to the thirtieth "o$ies, to the maor "itiens arms, in"luding the

a""redited "itiens arm, and other non-$artisan grou$s or organiations enlisted %y the

"ommission $ursuant to !e"tion 20>/? of Batas 7am%ansa Blg. 88#. !u"h "itiens arms,grou$s and organiation may use the three "ertified "o$ies of ele"tion returns for the

"ondu"t of "itiens 9ui"/ "ounts at the lo"al or national leels1

'*he %oard of "anassers shall furnish all other registered $arties "o$ies of the "ertifi"ate

of "anass at the ex$ense of the re9uesting $arty.

'>%? *he "ertifi"ate of "anass of otes for $resident, i"e-$resident and senators, $arties,

organiation or "oalitions $arti"i$ating under the $arty-list system shall %e $rodu"ed %y

the "ity %oards of "anassers of "ities "om$rising one or more legislatie distri"ts, %y

$roin"ial %oards of "anassers and %y distri"t %oards of "anassers in the Metro Manilaarea, and other highly ur%anied areas and distri%uted as follows

'>#? *he first "o$y shall %e sent to "ongress , dire"ted to the $resident of the !enate for

use in the "anass of ele"tion results for $resident and i"e-$resident1

'>0? *he se"ond "o$y shall %e sent to the )ommission for use in the "anass of theele"tion results for senators1

'>3? *he third "o$y shall %e /e$t the "hairman of the %oard1 and

'>4? *he fourth "o$y shall %e gien to the "itiens arm designated %y the )ommission to

"ondu"t an unoffi"ial "ount. +t shall %e the duty of the "itiens arm to furnish

inde$endent "andidates "o$ies of the "ertifi"ate of "anass at the ex$ense of there9uesting $arty.

'>2? *he fifth "o$y to )ongress, dire"ted to the 7resident of the !enate1

'>6? *he six "o$y to %e $osted on a wall within the $remises of the "anassing "enter1

'>5? *he seenth and eight "o$ies to the dominant maority and minority $arties1


18/38

'>8? *he ninth and tenth "o$ies to two a""redited maor national $arties re$resenting the

maority and minority, ex"luding the dominant maority and minority $arties, to %e

determined %y the )ommission on the %asis of the "riteria $roided in !e"tion 06 ofRe$u%li" A"t &o. 5#661

'>? *he eleenth to thirteenth "o$ies to %road"ast media entities as may %e e9uita%lydetermined %y the )ommission in iew of $ro$agating the "o$ies to the widest extent

$ossi%le1 and

'>#? *he fourteenth "o$y to another "itiens arm or in the a%sen"e thereof, to a non-

$artisan grou$ or organiation enlisted %y the )ommission $ursuant to !e"tion 20>/? of

Batas 7am%ansa Blg. 88#. !u"h "itiens arm or non-$artisan grou$ or organiation mayuse the "o$y of ele"tion return for the "ondu"t of "itiens 9ui"/ "ounts at the lo"al or

national leels.

'*he %oard of "anassers shall furnish all other registered $arties "o$ies of the "ertifi"ate

of "anass at the ex$ense of the re9uesting $arty.

'>"? *he "ertifi"ates of "anass $rinted %y the $roin"ial, distri"t, "ity or muni"i$al%oards of "anassers shall %e signed and thum% mar/ed %y the "hairman and mem%ers of

the %oard and the $rin"i$al wat"hers, if aaila%le. *hereafter, it shall %e sealed and $la"ed

inside an enelo$e whi"h shall li/ewise %e $ro$erly sealed.

'+n all instan"es, where the %oard of )anassers has the duty to furnish registered$oliti"al $arties with "o$ies of the "ertifi"ate of "anass, the $ertinent ele"tion returns

shall %e atta"hed thereto, where a$$ro$riate.'

'+mmediately after the six "o$y and its su$$orting statement of otes are $rinted, the"hairman of the %oard of "anassers shall announ"e the $osting of said $rints on a wallwithin the $remises of the "anassing "enter, whi"h must %e suffi"iently lighted and

a""essi%le to the $u%li". Any $erson may iew or "a$ture an image of the )ertifi"ate of

)anass or the su$$orting statement of otes %y means of any data "a$turing dei"e su"has, %ut not limited to, "ameras at any time of the day for forty-eight >48? hours following

the $osting. After su"h $eriod, the "hairman of the %oard of "anassers shall deta"h the

ele"tion return from the wall and /ee$ the same in his "ustody to %e $rodu"ed as may %ere9uested %y any oter for image or data "a$turing or for any lawful $ur$ose as may %e

ordered %y "om$etent authority.'


'!(). 05.,ational Board of Canvassers for Senators and Party!/ist Representatives. -

*he "hairman and mem%ers of the )ommission on (le"tion sitting en banc, shall"om$ose the national %oard of "anassers for senators and $arty-list re$resentaties. +t

shall "anass the results %y "onsolidating the "ertifi"ates of "anass ele"troni"ally

transmitted. *hereafter, the national %oard shall $ro"laim the winning "andidates forsenators and $arty-list re$resentaties.'


19/38


'!(). 08. Congress as the ,ational Board of Canvassers for President and .ice!

President. - *he !enate and the Douse of Re$resentaties in oint $u%li" session shall"om$ose the national %oard of "anassers for $resident and i"e-$resident. *he "ertifi"ate

of "anass for $resident and i"e-$resident duly "ertified %y the %oard of "anassers ofea"h $roin"e or "ity, shall %e ele"troni"ally transmitted to the )ongress, dire"ted to the

$resident of the !enate. @$on re"ei$t of the "ertifi"ates of "anass, the 7resident of the!enate shall, not later than thirty >3? days after the day of the ele"tion, o$en all the

"ertifi"ates in the $resen"e of the !enate and the Douse of re$resentaties in oint $u%li"

session and the )ongress u$on determination of the authenti"ity and the due exe"utionthereof in the manner $roided %y law, "anass all the results for $resident and i"e-

$resident and thereafter, $ro"laim the winning "andidates.'

S%C. .A new !e"tion 0 is here%y $roided to reads as follows

'!() 0.Random &anual #udit. - :here the A(! is used, there shall %e a randommanual audit in one $re"in"t $er "ongressional distri"t randomly "hosen %y the

)ommission in ea"h $roin"e and "ity. Any differen"e %etween the automated and

manual "ount will result in the determination of root "ause and initiate a manual "ount for

those $re"in"ts affe"ted %y the "om$uter or $ro"edural error.'

S%C. .A new !e"tion 3 is here%y $roided to read as follows

'!e". 3.#uthentication of Electronically Transmitted Election Results. - *he manner of

determining the authenti"ity and due exe"ution of the "ertifi"ates shall "onform with the

$roisions of Re$u%li" A"t &o. 5#66 as may %e su$$lement or modified %y the $roision

of this A"t, where a$$li"a%le, %y a$$ro$riate authenti"ation and "ertifi"ation $ro"eduresfor ele"troni" signatures as $roided in Re$u%li" A"t &o. 850 as well as the rules

$romulgated %y the !u$reme )ourt $ursuant thereto.'

S%C. 6.!e"tion 02 of Re$u%li" A"t &o. 8436 is here%y amended to reads as follows

'!(). 3#. Sta(eholder education and training. - *he )ommission shall, not later than six

months %efore the a"tual automated ele"tion exer"ise, underta/e a wides$read

sta/eholder edu"ation and training $rogram, through news$a$er of general "ir"ulation,

radio, teleision and other media forms, as well as through seminars, sym$osia, fora andother nontraditional means, to edu"ate the $u%li" and fully inform the ele"torate a%out the

A(! and in"ul"ate alues on honest, $ea"eful, orderly and informed ele"tions.

'!u"h $rogram shall ensure the a""e$tan"e and readiness of the following sta/eholders to

understand and a$$re"iate the %enefits of the A(!

#. Ceneral $u%li"oters1

0. )ommissions staff1


20/38

3. ;e$artment of (du"ation, ;e$artment of inan"e >muni"i$al, "ity and

$roin"ial treasurers? and all other goernment agen"ies who will $lay a role in

the ele"toral exer"ise1

4. $roin"ial, muni"i$al, %arangay leels?1

2. +n"um%ent ele"ted offi"ials in the legislatie and exe"utie de$artments1

6. 7oliti"al $arties and "andidates1

5. Mem%ers of the military and $oli"e.

'*he general $u%li" or oters training will fo"us on %uilding the "a$a%ility to use the

automated system to "ast their ote, as well as general a$$re"iation of the A(!. All othersta/eholders mentioned a%oe will re"eie additional information in order to %uild a

dee$er understanding of the oting, "ounting, "anassing $ro"edures, so that they may a"t

as ado"ates of he A(!.

'*he )ommission together with and in su$$ort of a""redited "itiens arms shall "arry outa "ontinuing and systemati" "am$aign through news$a$er of general "ir"ulation, radio

and other media forms, as well as through seminars, sym$osia, fora and other

nontraditional means to edu"ate the $u%li" and fully inform the ele"torate a%out the A(!and in"ul"ate alues on honest, $ea"eful and orderly ele"tion.'

S%C. #.!e"tion 05 of Re$u%li" A"t &o. 8436 is here%y amended to read as follows

!(). 33.0oint Congressional Oversight Committee. - An ersight )ommittee is here%y

"reated "om$osed of seen mem%ers ea"h from the !enate and the Douse ofRe$resentaties, four of whom shall "ome from the maority and three from the minority,

to monitor and ealuate the im$lementation of this A"t. A written re$ort to the !enate and

the Douse of Re$resentaties shall %e su%mitted %y the Adisory )oun"il within six

months from the date of ele"tion. *he oersight "ommittee shall "ondu"t a mandatoryreiew of this A"t eery twele >#0? months from the date of the last regular national or

lo"al ele"tions.'

'*he oersight "ommittee shall "ondu"t a "om$rehensie assessment and ealuation of

the $erforman"e of the different A(! te"hnologies im$lemented and shall ma/ea$$ro$riate re"ommendations to )ongress, in session assem%led, s$e"ifi"ally in"luding

the following

#. An assessment and "om$arison of ea"h of the A(! te"hnologies utilied, in"ludingtheir strengths, wea/ness, a$$li"a%ility or ina$$li"a%ility in s$e"ifi" areas and situations1

0. An ealuation of their a""ura"y through a "om$arison of a random sam$le of the A(!

ele"tion results with a manual ta%ulation, and the "ondu"t of similar tests1


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3. As to the s"o$e of A(! im$lementation in the su%se9uent ele"tions, $roide for

re"ommendations as to whether any of the following should %e ado$ted

'a. urther test a$$li"ation of the A(! or a $arti"ular A(! te"hnology used in the05 ele"tions, whether in the same or others areas1

'%. An in"rease or enlargement of areas for im$lementation of the A(! or an A(!

te"hnology and not a full im$lementation1 or

'". A full im$lementation of the A(!.

4. As to the /ind of A(! te"hnology, $roide for $ro$osals as to whether

a? A $arti"ular A(! te"hnology should no longer %e utilied for %eing o%solete,ina$$li"a%le, ina""urate or with a defe"t whi"h "annot %e remedied1

%? An enhan"ement or im$roement is needed to an A(! te"hnology whi"h wasused in the 05 ele"tion to ma/e it more fun"tional, a$$ro$riate and a""urate1

"? A $arti"ular A(! te"hnology is already a$$ro$riate and should %e utilied fullyfor su%se9uent ele"tion1 or

d? *he testing or ado$tion of new te"hnologies whi"h may hae emerged after the

05 ele"tions is needed.'

S%C. -.!e"tion 0 of Re$u%li" A"t &o. 8436 is here%y amended to read as follows

'!(). 32.Prohibited #cts and Penalties. - *he following shall %e $enalied as $roidedin this A"t, whether or not said a"ts affe"t the ele"toral $ro"ess or results

'>a? @tiliing without authoriation, tam$ering with, damaging, destroying or stealing

'>#? ffi"ial %allots, ele"tion returns, and "ertifi"ates of "anass of otes used in

the system1 and

'>0? (le"troni" dei"es or their "om$onents, $eri$herals or su$$lies used in theA(! su"h as "ounting ma"hine, memory $a"/dis/ette, memory $a"/ re"eier and

"om$uter set1

'>%? +nterfering with, im$eding, a%s"onding for $ur$ose of gain, $reenting the

installation or use of "om$uter "ounting dei"es and the $ro"essing, storage, generationand transmission of ele"tion results, data or information1

'>"? Caining or "ausing a""ess to using, altering, destroying or dis"losing any "om$uter

data, $rogram, system software, networ/, or any "om$uter-related dei"es, fa"ilities,

hardware or e9ui$ment, whether "lassified or de"lassified1


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'>d? Refusal of the "itiens arm to $resent for $erusal its "o$y of ele"tion return to the

%oard of "anassers1

'>e? 7resentation %y the "itiens arm of tam$ered or s$urious ele"tion returns1

'>f? Refusal or failure to $roide the dominant maority and dominant minority $arties orthe "itiens arm their "o$y of ele"tion returns1 and

'>g? *he failure to $ost the oters list within the s$e"ified time, duration and in the

designated lo"ation shall "onstitute an ele"tion offense on the $art the ele"tion offi"er

"on"erned.'

'Any $erson "oni"ted for iolation of this A"t, ex"e$t those "oni"ted of the "rime of

ele"toral sa%otage, shall %e $enalied with im$risonment of eight years and one day to

twele >#0? years without $ossi%ility of $arole, and $er$etual dis9ualifi"ation to hold

$u%li" offi"e and de$riation of the right of suffrage. Moreoer, the offender shall %e

$er$etually dis9ualified to hold any non-ele"tie $u%li" offi"e.'


'!(). 36.#pplicability. - *he $roision of Batas 7am%ansa Blg. 88#, as amended,

otherwise /nown as the mni%us (le"tion )ode of the 7hili$$ines, and other ele"tionlaws not in"onsistent with this A"t shall a$$ly.'

S%C. 3".!e"tion 3# of Re$u%li" A"t &o. 8436 is here%y amended to read as follows

'!(). 35.Rules and Regulations. - *he )ommission shall $romulgate rules and

regulation for the im$lementation and enfor"ement of this A"t.

'&otwithstanding the foregoing "anassing $ro"edure, the )ommission is authoried to$res"ri%e other manner or $ro"edure for the "anassing and "onsolidation of otes as

te"hnology eoles, su%e"t to the $roisions of !e"tion 5 hereof on the minimum

"a$a%ilities of the A(! and other $ertinent laws.'

S%C. 3.!e"tion 02 of Re$u%li" A"t &o. 5#66 is here%y amended to read as follows

'!e" 02.&anner of Counting .otes. - +n addition to the re9uirement in the fourth

$aragra$h of !e"tion #0 of the Re$u%li" A"t &o. 6646 and !e"tion 0# of the mni%us

(le"tion )ode, in reading the offi"ial %allots during the "ounting, the "hairman, the $oll"ler/ and the third mem%er shall assume su"h $ositions as to $roide the wat"hers and themem%ers of the $u%li" as may %e "oneniently a""ommodated in the $olling $la"e, an

unim$eded iew of the %allot %eing ready %y the "hairman, of the ele"tion return and the

tally %oard %eing simultaneously a""om$lished %y the, $oll "ler/ and the third mem%erres$e"tiely, without tou"hing any of these ele"tion do"uments. *he ta%le shall %e "leared

of all unne"essary writing $ara$hernalia. Any iolation of this re9uirement shall


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"onstitute an ele"tion offense $unisha%le under !e"tion 063 and 064 the mni%us

(le"tion )ode.

'*he "hairman shall first read the otes for national $ositions.

'Any iolation of this !e"tion, or its $ertinent $ortion, shall "onstitute an ele"tion offenseand shall %e $enalied in a""ordan"e with Batas 7am%ansa Blg. 88#.

Sec. 3.!e"tion 0#0 of Batas 7am%ansa Blg. 88# as amended, is here%y to read as follows

'!(). 0#0.Election Returns. - *he %oard of ele"tion ins$e"tors shall $re$are the ele"tion

returns simultaneously with the "ounting of otes in the $olling $la"es as $res"ri%e in!e"tion 0# hereof. *he re"ording of ote shall %e made as $res"ri%ed in said se"tion.

*he entry of otes in words and figures for ea"h "andidate shall %e "losed with the

signature and the "lear im$rint of the thum%mar/ of the right hand of all the mem%ers,

li/ewise to %e affixed in full iew of the $u%li", immediately after the last ote re"orded

or immediately after the name of the "andidate who did not re"eie any ote.'

'*he returns shall also show the date of the ele"tion, the $olling $la"e, the %arangay and

the "ity or muni"i$ality in whi"h it was held, the total num%er of %allots found in the"om$artment for alid %allots, the total num%er of alid %allots withdrawn from the

"om$artment for s$oiled %allots %e"ause they were erroneously $la"ed therein, the total

num%er of ex"ess %allots, the total num%er of mar/ed or oid %allots, and the total

num%ers of otes o%tained %y ea"h "andidate, writing out the said num%er in words andfigures and, at the end thereof, the %oard of ele"tion ins$e"tors shall "ertify that the

"ontents are "orre"t. *he returns shall %e a""om$lished in a single sheet of $a$er, %ut if

this is not $ossi%le, additional sheets may %e used whi"h shall %e $re$ared in the same

manner as the first sheet and li/ewise "ertified %y the %oard of ele"tion ins$e"tors.'

'*he "ommission shall ta/e ste$s so that the entries on the first "o$y of the ele"tion

returns are "learly re$rodu"ed on the se"ond, third, fourth, fifth, sixth "o$ies thereof, and

for the $ur$ose this )ommission shall use a s$e"ial /ind of $a$er.'

'+mmediately u$on the a""om$lishment of the ele"tion return for national $osition, the

$oll "ler/ shall announ"e the $osting of the se"ond "o$y of the ele"tion return on a wall

with suffi"ient lighting within the $remises of the $olling $la"e or "ounting "enter. De

shall then $ro"eed to do the same in the $resen"e of the other mem%ers of the Board, thewat"hers and those $resent in the $olling $la"e or "ounting "enter. :ithout delay and,

when feasi%le, he shall se"ure an image of the ele"tion return using a se"ured data"a$turing dei"e and immediately thereafter, while in the $remises of the $olling $la"e or"ounting "enter, dire"tly $rint thirty >3? "o$ies of the ele"tion return. n"e the $rints

hae %een $rodu"ed, the $oll "ler/ shall "all the other mem%ers of the %oard to

authenti"ate ea"h $rint "o$y %y "losely "om$aring the same with the ele"tion return$osted on the wall in the $resen"e of the wat"hers and within iew of the $u%li". +f the

Board finds ea"h $rint a faithful re$rodu"tion of the ele"tion return, all mem%ers thereof

shall annotate and sign a "ertifi"ation to that effe"t on the %ottom front of the $rint.


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'(a"h "ertified $rinted "o$y shall %e $la"ed in an enelo$e and distri%uted as herein

$roided. ;esignated re"i$ients of the "ertified $rint "o$ies may re"eie their "o$ies at

the $olling $la"e or "ounting "enter.

'+mmediately u$on the a""om$lishment of the ele"tion returns for lo"al $osition, the

se"ond "o$y of the same shall %e $osted on a wall with suffi"ient lighting within the$remises of the $olling $la"e.

'*he other "o$ies of ele"tion returns for %oth national and lo"al $osition shall %e sealed inthe $resen"e of the wat"hers and the $u%li", and $la"ed in the $ro$er enelo$e, whi"h

shall li/ewise %e sealed and distri%uted as herein $roided.'

'Any ele"tion return with a se$arately $rinted serial num%er or whi"h %ears a different

serial num%er from that assigned to the $arti"ular $olling $la"e "on"erned shall not %e"anassed. *his is to %e determined %y the %oard "anassers $rior to its "anassing on the

%asis of the "ertifi"ation of the $roin"ial, "ity or muni"i$al treasurer as to the serial

num%er of the ele"tion return assigned to said oting $re"in"t, unless the )ommissionshall order in writing for its "anassing, stating the reason for the arian"e in serial

num%ers.'

'+f the signatures andor thum%mar/s of the mem%ers of the %oard of ele"tion ins$e"tors

or some of them as re9uired in this $roision are missing in the ele"tion returns, the %oardof "anassers may summon the mem%ers of the %oard of ele"tion ins$e"tors "on"erned to

"om$lete the returns.

'*he "itiens arm is mandated to $resent for $erusal its "o$y of the ele"tion return to the

%oard of ele"tion "anassers u$on the re9uest of any interested "andidate.

'Any iolation of this ele"tion or its $ertinent $ortion, shall "onstitute an ele"tion offenseand shall %e $enalied in a""ordan"e with Batas 7am%ansa Blg. 88#

'+n addition, the following shall li/ewise %e guilty of an ele"tion offense

'>a? Any 7erson who remoes the ele"tion return $osted on the wall, whether within or

after the $res"ri%ed forty-eight >48? hours of $osting, or defa"es the same in any manner1

'>%? Any $erson who simulates an a"tual ele"tion return, or a $rint or digital "o$y thereof1

'>"? Any $erson who simulates the "ertifi"ation in a $rint of an ele"tion return1

'>d? *he "hairman or any mem%er of the %oard of ele"tion ins$e"tors who, during the

$res"ri%e $eriod of $osting, remoes the ele"tion return from the wall on whi"h it had

%een $osted other than for the $ur$ose of immediately transferring it to a more suita%le$la"e1


25/38

'>e? *he "hairman or any mem%er of the %oard of ele"tion ins$e"tors who signs or

authenti"ates a $rint of the ele"tion return outside of the $olling $la"e1 and

'>f? *he "hairman or any mem%er of the %oard of ele"tion ins$e"tors who signs orauthenti"ates a $rint whi"h %ears an image different from the ele"tion return $rodu"ed

after "ounting and $osted on the wall.'

S%C. 33.!e"tion 05 of Re$u%li" A"t &o. 5#66, as amended %y Re$u%li" A"t &o. 842 and

Re$u%li" A"t &o. 8#53 is here%y further amended to read as follows

!(). 05.,umber of Copies of Election Returns and their Distribution. - *he %oard ofele"tion ins$e"tors shall $re$are in handwriting the ele"tion returns in their res$e"tie

$olling $la"e, in the num%er of "o$ies herein $roided and in the form to %e $res"ri%ed

and $roided %y the )ommission.

'*he "o$ies of ele"tion returns shall %e distri%uted %y the "hairman of the %oard of

ele"tion ins$e"tors as follows

'>a? +n the ele"tion of $resident, i"e-$resident, senators and mem%ers of the Douse of

Re$resentaties in"luding the $arty-list re$resentaties

'>#? *he first "o$y shall %e deliered to the "ity or muni"i$al %oard of "anassers1

'>0? *he se"ond "o$y to %e $osted on a wall within the $remises of the $olling$la"e1

'>3? *he third "o$y, to the "ongress, dire"ted to the 7resident of the !enate1

'>4? *he fourth "o$y. to the )ommission1

'>2? *he fifth "o$y, to the dominant maority $arty as determined %y the)ommission in a""ordan"e with law1

'>6? *he sixth "o$y, to the dominant minority $arty as determined %y the

)ommission in a""ordan"e with law1

'>5? *he seenth "o$y, to a "itiens authoried %y the )ommission to "ondu"t an

unoffi"ial "ountProvided% ho+ever, *hat the a""reditation of the "itiens arm

shall %e su%e"t to the $roision of !e"tion 20>/? of Batas 7am%ansa Bldg. 88#1and

'>8? *he eight "o$y shall %e de$osited inside the "om$artment of the %allot %ox

for alid %allots1 and

'>%? +n the ele"tion of lo"al offi"ials1


26/38

'>#? *he irst "o$y shall %e deliered to the "ity or muni"i$al %oard of "anassers1

'>0? *he se"ond "o$y to %e $osted on a wall within the $remises of the $olling

$la"e1

'>3? *he third "o$y, to the )ommission1

'>4? *he fourth "o$y, to the $roin"ial %oard of "anassers1

'>2? *he fifth "o$y, to the dominant maority $arty as determined %y the


'>6? *he sixth "o$y, to the dominant minority $arty as determined %y the


'>5? *he seenth "o$y, to a "itiens authoried %y the )ommission to "ondu"t an

unoffi"ial "ountProvided% ho+ever, *hat the a""reditation of the "itiens armshall %e su%e"t to the $roisions of !e"tion 20>/? of Batas 7am%ansa Bldg. 88#1

and

'>8? *he eighth "o$y shall %e de$osited inside the "om$artment of the %allot %ox

for alid otes.

'*he "o$y of the ele"tion return $osted on the wall shall %e o$en for $u%li" iewing at

any time of the day for forty-eight >48? hours following its $osting. Any $erson may iewor "a$ture an image of the ele"tion return %y means of any data "a$turing dei"e su"h as,

%ut not limited to, "ameras at any time of the day for forty-eight >48? hours following its

$osting. After the $res"ri%ed $eriod for $osting, the "hairman of the %oard of ele"tionins$e"tors shall "olle"t the $osted ele"tion returns and /ee$ the same in his "ustody to %e

$rodu"ed for image or data "a$turing as may %e re9uested %y any oter or any lawful

$ur$ose as may %e ordered %y "om$etent authority.

'(x"e$t for those "o$ies that are re9uired to %e deliered, "o$ies of ele"tion returns may%e "laimed at the $olling $la"e. Any un"laimed "o$y shall %e %rought %y the "hairman of

the %oard of ele"tion ins$e"tors to the "anassing "enter where the re"i$ients or their

re$resentaties may "laim them. )o$ies still un"laimed at the "anassing "enter shall %e

deemed $la"ed in the "ustody of the "hairman of the %oard of ele"tion ins$e"tors, whoshall $rodu"e them when re9uested %y the re"i$ient or when ordered %y a "om$etent

authority.

'*he *hirty >3? "ertified $rint "o$ies of the ele"tion return for national $ositions shall %edistri%uted as follows

'>a? *he first fourteen >#4? "o$ies shall %e gien to the fourteen >#4? a""redited maor

national $arties in a""ordan"e with a oluntary agreement among them. +f no su"h


27/38

agreement is rea"hed, the )ommission shall de"ide whi"h $arties shall re"eie the "o$ies

on the %asis of the "riteria $roided in !e"tion 06 hereof1

'>%? *he next three "o$ies shall %e gien to the three a""redited maor lo"al $arties ina""ordan"e with a oluntary agreement among them. +f no su"h agreement is rea"hed, the

)ommission shall de"ide whi"h $arties shall re"eie the "o$ies on the %asis of "riteriaanalogous to that $roided in !e"tion 06 Dereof1

'>"? *he next fie "o$ies shall %e gien to national %road"ast or $rint media entities asmay %e e9uita%ly determined %y the )ommission in iew of $ro$agating the "o$ies to the

widest extent $ossi%le1

'>d? *he next two "o$ies shall %e gien to lo"al %road"ast or $rint media entities as may

%e e9uita%ly determined %y the )ommission in iew of $ro$agating the "o$ies to thewidest extent $ossi%le1

'>e? *he next four "o$ies to the maor "itiens arms, in"luding the a""redited "itiensarms and other non-$artisan grou$s or organiations enlisted %y the )ommission $ursuant

to !e"tion 20>/? of Batas 7am%ansa Blg. 88#1

'>f? *he next "o$y to %e $la"ed inside the "om$artment of the %allot %ox for alid %allots1

and

'>g? *he last "o$y to the $roin"ial %oard of "anassers.'

'*he "ertified $rint "o$ies may %e "laimed at the $olling $la"e. Any un"laimed "o$y shall

%e %rought %y the "hairman of the %oard of ele"tion ins$e"tors to the "anassing "enter

where the re"i$ients or re$resentaties may "laim them. )o$ies still un"laimed at the"anassing "enter shall %e $la"ed in the "ustody of the "hairman of the %oard ele"tion

ins$e"tors, who shall $rodu"e them when re9uested %y the re"i$ient or when ordered %y a"om$etent authority.

'Any $roision of law to the "ontrary notwithstanding, any of the re"i$ients of the $rint

or digital "o$ies of the ele"tion return may "ondu"t an unoffi"ial "onsolidation of otes

and may announ"e the result to the $u%li".

'*he )ommission shall $ost its digital files in its we%site for the $u%li" to iew ordownload at any time of the day. *he )ommission shall maintain the files at least three

years from the date of $osting.

'Any iolation of this se"tion, or its $ertinent $ortion, shall "onstitute an ele"tion offenseand shall %e $enalied in a""ordan"e with Batas 7am%ansa Blg. 88#1

S%C. 3.!e". 06 of Re$u%li" A"t &o. 5#66 is here%y amended to read as follows


28/38

'!(). 06. Official 1atchers. - (ery registered $oliti"al $arty or "oalition of $oliti"al

$arties, and eery "andidate shall ea"h %e entitled to one wat"her in eery $olling $la"e

and "anassing "enterProvided*hat, "andidates for the !angguniang 7anlalawigan,!angguniang 7anlunsod, or !angguniang Bayan %elonging to the same slate or ti"/et

shall "olle"tiely %e entitled to only one wat"her.

'*he dominant maority $arty and dominant minority $arty, whi"h the )ommission shall

determine in a""ordan"e with law, shall ea"h %e entitled to one offi"ial wat"her who shall%e $aid a fixed $er diem of four hundred $esos >4,?.

'*here shall also re"ognied six $rin"i$al wat"hers, re$resenting the six a""redited maor

$oliti"al $arties ex"luding the dominant maority and minority $arties, who shall %edesignated %y the )ommission u$on nomination of the said $arties. *hese $oliti"al

$arties shall %e determined %y the )ommission u$on noti"e and hearing on the %asis of

the following "ir"umstan"es

'>a? *he esta%lished re"ord of the said $arties, "oalition of grou$s that now "om$osedthem, ta/ing into a""ount, among other things, their showing in $ast ele"tion1

'>%? *he num%er of in"um%ent ele"tie offi"ials %elonging to them ninety >? days

%efore the date of ele"tion1

'"? *heir identifia%le $oliti"al organiations and strengths as eiden"ed %y their

organied"ha$ters1

'>d? *he a%ility to fill a "om$lete slate of "andidates from the muni"i$al leel to the

$osition of 7resident1 and

'>e? ther analogous "ir"umstan"es that may determine their relatie organiations and

strengths.'

Sec. 3.!e"tion. 06 of Batas 7am%ansa Blg. 88# is here%y amended to read as follows

'!(). 06 Counting to be Public and +ithout "nterruption. - As soon as the oting is

finished, the %oard of ele"tion ins$e"tors shall $u%li"ly "ount in the $olling $la"e the

otes "ast and as"ertain the results. *he %oard may rearrange the $hysi"al set u$ of the

$olling $la"e for the "ounting or $erform any other a"tiity with res$e"t to the transitionfrom oting "ounting. Doweer, it may do so only in the $resen"e of the wat"hers and

within "lose iew of the $u%li". At all times, the %allot %oxes and all ele"tion do"umentsand $ara$hernalia shall %e within "lose iew of the wat"hers and the $u%li".

'*he %oard of ele"tion ins$e"tors shall not adourn or $ost$one or delay the "ount until it

has %een fully "om$leted, unless otherwise ordered %y the )ommission.

'*he )ommission, in the interest of free, orderly, and honest ele"tion, may authorie the

%oard of ele"tion ins$e"tors to "ount the otes and to a""om$lish the ele"tion return and


29/38

other forms $res"ri%ed under the "ode in any other $la"e within a $u%li" %uilding in the

same muni"i$ality or "ity on a""ount of imminent danger of wides$read iolen"e or

similar "auses of "om$ara%le magnitudeProvided, *hat the transfer shall %eenre"ommended in writing %y the %oard of ele"tion ins$e"tors %y unanimous ote and

endorsed in writing %y the maority of wat"hers $resentProvided% further, that the said

$u%li" %uilding shall not lo"ated within the $erimeter of or inside a military or $oli"e"am$, reseration, head9uarters, deta"hment or field offi"e nor within the $remises of a

$rison or detention %ureau or any law enfor"ement or inestigation agen"y.

'Any iolation of this se"tion, or its $ertinent $ortion, shall "onstitute and ele"tion

offense and shall %e $enalied in a""ordan"e with Batas 7am%ansa Blg. 88#.'

S%C.36.!e"tion #8 of Re$u%li" A"t &o. 6646 is here%y re$ealed.

S%C.3#.!e"tion 3 of Re$u%li" A"t &o. 5#66 is here%y amended to read as follows'

'!(). 3. Congress as the ,ational Board of Canvassers for the Election of Presidentand .ice President2 The Commission en banc as the ,ational Board of Canvassers for

the election of senators2 Determination of #uthenticity and Due E*ecution of Certificatesof Canvass.- )ongress and the )ommission en bancshall determine the authenti"ity and

due exe"ution of the "ertifi"ate of "anas for $resident and i"e - $resident and senators,

res$e"tiely, as a""om$lished and transmitted to it %y the lo"al %oards of "anassers, on ashowing that >#? ea"h "ertifi"ate of "anass was exe"uted, signed and thum%mar/ed %y

the "hairman and mem%er of the %oard of "anassers and transmitted or "aused to %e

transmitted to )ongress %y them1 >0? ea"h "ertifi"ate of "anass "ontains the names of allof the "andidates for $resident and i"e - $resident or senator, as the "ase may %e, and

their "orres$onding otes in words and their "orres$onding otes in words and in figures1

>3? there exits no dis"re$an"y in other authenti" "o$ies of the do"ument su"h as statementof otes of any of its su$$orting do"ument su"h as statement of otes %y"itymuni"i$ality%y $re"in"t or dis"re$an"y in the otes of any "andidate in words and

figures in the "ertifi"ate1 and >4? there exist no dis"re$an"y in the otes of any "andidate

in words and figures in the "ertifi"ates of "anass againts the aggregate num%er of otesa$$earing in the ele"tion returns of $re"in"ts "oered %y the "ertifi"ate of "anass

Provided, *hat "ertified $rint "o$ies of ele"tion returns or "ertifi"ates of "anass may %e

used for the $ur$ose of erifying the existen"e of the dis"re$an"y.

':hen the "ertifi"ate of "anass, duly "ertified %y the %oard of "anass of ea"h $roin"e,"ity of distri"t, a$$ears to %e in"om$lete, the !enate 7resident or the )hairman of the

)ommission, as the "ase may %e, shall re9uire the %oard of "anassers "on"erned to

transmit %y $ersonal deliery, the ele"tion returns form $olling $la"es that were notin"luded in the "ertifi"ate of "anass and su$$orting statements. !aid ele"tion returns

shall %e su%mitted %y $ersonal deliery within two >0? days from re"ei$t of noti"e.

':hen it a$$ears that any "ertifi"ation of "anass or su$$orting statement of ea"h

$roin"e, "ity of distri"t, a$$ears to %e in"om$lete, the !enate 7resident or the )hairmanof the )ommission, as the "ase may %e, shall re9uire the %oard of "anassers "on"erned


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to transmit %y $ersonal deliery, the ele"tion returns from $olling $la"es that were not

in"luded in the "ertifi"ate of "anass and su$$orting statements. !aid ele"tion returns

shall %e su%mitted %y $ersonal deliery within two >0? days from re"ei$t of noti"e.

':hen it a$$ears that any "ertifi"ate of "anass or su$$orting statement of otes %y

"itymuni"i$ality or %y $re"in"t %ears erasures or alteration whi"h may "ast dou%t as tothe era"ity of the num%er of otes stated herein and may affe"t the result of the ele"tion,

u$on re9uested of the $residential, i"e - $residential or senatorial "andidate "on"erned orhis $arty, )ongress or the )ommission en %an", as the "ase may %e shall , for the sole

$ur$ose of erifying the a"tual the otes as they a$$ear in the "o$ies if the ele"tion

returns su%mitted to it.

'+n "ase of any dis"re$an"y, in"om$leteness, erasure or alteration as mentioned a%oe,

the $ro"edure on $re-$ro"lamation "ontroersies shall %e ado$ted and a$$lied as $roided

in !e"tion #5,#8,# and 0.

'Any $erson who $resent in eiden"e a simulated "o$y of an ele"tion return, "ertifi"ate of"anass or statement of otes, or a $rinted "o$y of an ele"tion return, "ertifi"ate of

"anass or statement of otes %earing a simulated "ertifi"ation or a simulated image, shall

%e guilty of an ele"tion offense shall %e $enalied in a""ordan"e with Batas 7am%ansa

Blg. 88#.'

S%C.3-.!e"tion #2 of Re$u%li" A"t &o.5#66 is here%y amended to read as follows

'!().#2. 7re - $ro"lamation )ases in (le"tions for 7resident, =i"e-7resident, !enator,

and Mem%er of the Douse of Re$resentaties. - or $ur$ose of the ele"tions for $resident,

i"e - $resident, senator, and mem%er of the Douse of Re$resentaties, no $re-

$ro"lamation "ases shall %e allowed on matters relating to the $re$aration, transmission,re"ei$t, "ustody and a$$re"iation of ele"tion returns or the "ertifi"ates of "anass, as the

"ase may %e, ex$e"t as $roided for in !e"tion 3 hereof. Doweer, this does not$re"lude the authority of the a$$ro$riate "anassing %ody motu $ro$io or u$on written

"om$laint of an interested $erson to "orre"t manifest errors in the "ertifi"ate of "anass or

ele"tion %efore it.

'Fuestion affe"ting the "om$osition or $ro"eedings of the %oard of "anassers may %einitiated in the %oard or dire"tly with the )ommission in a""ordan"e with !e"tion #

hereof.

'Any o%e"tion on the ele"tion return %efore the "ity or muni"i$al %oard of "anassers, orthe muni"i$al "ertifi"ates of "anass %efore the $roin"ial %oard of "anassers or distri"t%oard of "anassers in Metro Manila Area, shall s$e"ifi"ally noti"e in the minutes of their

res$e"tie $ro"eeding.'

S%C. 39.!e"tion 08 of Re$u%li" A"t &o. 5#66 is here%y amended as follows


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'!(). 08. Canvassing by Provincial City% District% and &unicipal Board of Canvassers3-

a? *he )ity or muni"i$al of %oard of "anassers shall "anass the ele"tion return of

7resident, =i"e $resident, !enator and Mem%ers of the Douse of Re$resentaties and forele"tie $roin"ial and "ity or muni"i$al offi"ialsProvided, *hat the returns for national

$ositions shall %e "anassed first @$on "om$letion of the "anass, it shall $re$are the

"ertifi"ate of "anass for of Re$resentaties and ele"tie $roin"ial offi"ials, announ"ethe results of the ele"tion for national $ositions in the "ity or muni"i$ality, and thereafter,

$ro"laims the ele"ted "ity or muni"i$al offi"ials, as the "ase may %e.

'%? *he "ity %oard of "anassers of "ities "om$rising one or more legislatie distri"t shall

"anass the ele"tion returns for $resident, i"e-$resident, senator, mem%ers of the Douseof Re$resentaties and ele"tie "ity offi"ialsProvided, *hat the returns for $ositions

shall %e "anassed first. @$on "om$letion of the "anass, the %oard shall $re$are the

"ertifi"ate of "anass, of $resident, i"e-$resident, and senator, announ"e the results ofthe ele"tion for national $ositions in the "ity, and thereafter, $ro"laim the ele"ted

mem%ers of the Douse of the Re$resentaties and "ity offi"ials.

'"? >#? +n the Metro Manila Area su"h muni"i$ality "om$rising a legislatie distri"t shall

hae distri"t %oard of "anass the ele"tion return for 7resident, =i"e-7residents, !enator,Mem%ers for the Douse of Re$resentaties and ele"tie muni"i$al offi"ialsProvided,

*hat the return for national $ositions shall %e $re$are the "ertifi"ate of "anass for

$resident, i"e-$residents, senators, announ"e the results of the ele"tion for national$osition in the muni"i$ality, and thereafter, $ro"laim the ele"ted mem%er of the Douse of

the Re$resentaties and "ity offi"ials.

'>0? (a"h "om$onent muni"i$ality in a legislatie distri"t in the Metro Manila Area shall

hae a muni"i$al %oard of "anassers whi"h shall "anass the ele"tion returns for

$resident, i"e-$resident, senator, mem%ers of the Douse of re$resentaties and ele"tiemuni"i$al offi"ialsProvided, *hat the returns for national $ositions shall %e "anassed

first. @$on "om$letion of the "anass, it shall $re$are the "ertifi"ate of "anass for$residents, i"e-$residents, senators, and mem%ers of the Douse of the Re$resentaties,

announ"e the results of the ele"tion for national $osition in the muni"i$ality, and

thereafter, $ro"laim the ele"ted muni"i$al offi"ials.

'>3? *he distri"t %oard of "anassers of ea"h legislatie distri"t "om$rising twomuni"i$alities in Metro Manila area shall "anass the "ertifi"ate of "anass the for

7resident, =i"e-7residents, !enator and Mem%ers of the Douse of re$resentaties

su%mitted %y the muni"i$al %oard of "anassers of the )om$onent muni"i$alities. @$on

"om$letion of the "anass, it shall $re$are a "ertifi"ate of "anass for $resident, i"e-$resident, and senator, announ"e the results of the ele"tion for national $ositions in the

distri"t, and thereafter, $ro"laim the ele"ted mem%er of the Douse of the Re$resentaties

in the legislatie distri"t.

'>d? *he $roin"ial %oard of "anassers shall "anass the "ertifi"ate of "anass for

$resident, i"e $resident, senators and mem%ers of the Douse of Re$resentaties and

ele"tie $roin"ial offi"ials as well as $le%is"ite results, if any $le%is"ite is "ondu"ted


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simultaneously with the same ele"tion, as su%mitted %y the %oard of "anassers of

muni"i$alities and "om$onent "itiesProvided, *hat the returns for national $osition shall

%e "anassed first. @$on "om$letion of the "anass, it shall $re$are the "ertifi"ate of"anass for $resident, i"e-$resident, and senator, announ"e the results of the ele"tion for

national $osition in the $roin"e, $ro"laim the ele"ted mem%er of the Douse of

Re$resentaties and $roin"ial offi"ials as well as the $le%is"ite results, if any.

'+n "ondu"ting the "anass of ele"tion return of "ertifi"ates of "anass, as the "ase may%e, the %oard of "anassers in a muni"i$ality, "ity, distri"t or $roin"e shall $roe"t ea"h

ele"tion return or "ertifi"ate of "anass on a wall from whi"h its "ontents shall %e read in

order that those $resent in the "anassing "anter may follow the $rogress of the"anassing $ro"ess from %eginning to end. *he )ommission may utilie the a$$ro$riate

$roe"tion e9ui$ment for this $ur$ose.

'+mmediately after the "ertifi"ate of "anass for national $ositions is a""om$lished, the

"hairman of the Board of )anassers shall announ"e the $osting of the se"ond "o$y

thereof and its su$$orting statement of otes on a wall with suffi"ient lighting within the$remises of the "anassing "enter. De shall then $ro"eed to do the same in the $resent in

the "anassing "enter. :ithout delay and when feasi%le, he shall "a$ture images of the"ertifi"ate of "anass and su$$orting statements of otes using a se"ured data "a$turing

dei"e and thereafter, while in the $remises of the "anassing "enter, immediately $rint

the data so "a$tured in thirty >3? "o$ies. *he %oard of "anassers shall then authenti"atesea"h $rinted "o$y, in the $resen"e of wat"hers and within $u%li" iew, %y "losely

"om$aring the same with the "ertifi"ate of "anass or statement of otes, as the "ase may

%e, $osted on of the wall. +f the %oard finds ea"h $rinted "o$y a faithful re$rodu"tion of

the "ertifi"ate of "anass or statement of otes, all mem%ers thereof shall annotate andsign a "ertifi"ation to that effe"t on the %ottom front of the $rinted "o$y.

'(a"h "ertified $rinted "o$y shall %e $la"ed in an enelo$e and distri%uted as herein

$roided. ;esignated re"i$ient of the "ertified $rinted "o$ies may re"eie their "o$ies atthe "anassing "enter.

'*he )hairman of the %oard shall transmit the digital files of the "ertifi"ate of "anass

and its su$$orting statement of otes using a se"ured transmission dei"e with

authenti"ation features to the se"ured ta%ulation system of the )ommission and to thesystems of the other designated re"i$ients as herein $roided.

'Any $roision of law to the "ontrary notwithstanding, any of the re"i$ients of the $rint

or digital "o$ies of the "ertifi"ate of "anass and the su$$orting statements of otes may

"ondu"t an unoffi"ial "onsolidation of otes and may announ"e the result thereof to the$u%li".

'Any iolation of this se"tion, or its $ertinent $ortion, shall "onstitute an ele"tion offen"e

and shall %e $enalied in a""ordan"e with Batas 7am%ansa Blg. 88#.

'+n addition, the following shall li/ewise %e guilty of an ele"tion offen"e


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'>a? Any $erson who remoe the "ertifi"ate of "anass $osted on the wall, whether within

or after the $res"ri%ed forty-eight >48? hours of $osting, or defa"es the same in any

manner1

'>%? Any $erson who simulates an a"tual "ertifi"ates of "anass or statement of otes, or

a $rint or digital "o$y thereof1

'>"? Any $erson who simulates the "ertifi"ation of a "ertifi"ate of "anass or statement of

otes1

'>d? *he "hairman or any mem%er of the %oard of "anassers who, during the $res"ri%ed$eriod of $osting, remoe the "ertifi"ate of "anass or its su$$orting statement of otes

from the wall on whi"h they hae %een $osted other than for the $ur$ose of immediately

transferring them to a more suita%le $la"e1

'>e? *he "hairman of any mem%er of the %oard of "anassers who sign or authenti"ates a

$rint of the "ertifi"ate of "anass or its su$$orting statement of otes outside of the$olling $la"e and

'>f? *he "hairman or any mem%er of the %oard of "anassers who sign or authenti"ates a$rint whi"h %ears an image different from the "ertifi"ate of "anass or statement of otes

$rodu"ed after "ounting and $osted on the wall.'

S%C. ". !e"tion 0 of Re$u%li" A"t &o. 5#66 is here%y amended to read as follows

'!().0.,umber of Copies of Certificate of Canvass and their Distribution. - a? the

"ertifi"ate of "anass for $resident, i"e-$resident, senator and mem%er of the house of

Re$resentaties and ele"tie $roin"ial offi"ial shall %e $re$ared in seen "o$ies %y the"ity or muni"i$al %oard of "anassers and distri%uted as follows

'>#? *he first "o$y shall %e deliered to the $roin"ial %oard of "anassers for use in the

"anass ele"tion results for $resident, i"e- $resident, senator and mem%er of the Douseof re$resentaties and ele"tie $roin"ial offi"ials

'>0? *he se"ond "o$y shall %e sent to the )ommission1

'>3? *he third "o$y shall %e $osted on a wall within the $remises of the "anassing "enter

'>4? *he fourth "o$y shall %e /e$t %y the "hairman of the Board and

'>2? the fifth "o$y shall %e gien the "itiens arm designated %y the )ommission to"ondu"t a media-%ased unoffi"ial "ount, and the sixth and seenth "o$ies shall %e gien

to the "itiens arm designated %y the )ommission to "ondu"t a media - %ased unoffi"ial

"ount , and the sixth and seenth "o$ies shall %e gien to the re$resentaties of two of thesix maor $oliti"al $arties in a""ordan"e with the oluntary agreement of the $arties. +f no

su"h agreement is rea"hed, the "ommission shall de"ide whi"h $arties shall re"eie the


34/38

"o$ies of the "ertifi"ate of the "anass on the %asis of the "riteria $roided in !e"tion 06

hereof. *he $arties re"eiing the "ertifi"ate shall hae o%ligation to furnish the other

$arties with authenti" "o$ies thereof with the at least $ossi%le delay.

'%? *he "ertifi"ates of "anass for $resident, i"e $resident, senators shall %e $re$ared in

seen >5? "o$ies %y the "ity %oards of "anassers of "ities "om$rising one or morelegislatie distri"ts, %y $roin"ial %oards of "anassers in the Metro Manila Area, and

distri%uted as follows

'>#? *he first "o$y shall %e sent to the )ongress dire"ted to the 7resident of the !enate for

use in the "anass of ele"tion results for $resident and i"e-$resident1

'>0? *he se"ond "o$y shall %e sent to the )ommission for use in the "anass of the

ele"tion results for !enators1

'>3? *he third "o$y shall %e $osted on a wall within the $remises of the "anassing

"enter1

'>4? *he fourth "o$y shall %e /e$t %y the )hairman of the Board1 and

'>2? *he fifth "o$y shall %e gien to the "itiens s arm designated %y the )ommission to

"ondu"t a media -%ased unoffi"ial "ount, and the sixth and seenth "o$ies shall %e giento the re$resentaties of two of the six maor $oliti"al $arties. +f no su"h agreement is

rea"hed, the "ommission shall de"ide whi"h $arties shall re"eie the "o$ies of the

"ertifi"ate of "anass on the %asis of the "riteria $roided in !e"tion 06 hereof. *he$arties re"eiing the "ertifi"ates shall hae the o%ligation to furnish the other $arties with

authenti" "o$ies thereof with the least $ossi%le delay.

'*he of the "ertifi"ate of "anass $osted on the wall shall %e o$en for $u%li" iewing at

any time of the day for forty -eight >48? hours following its $osting. Any $erson mayiew or "a$ture an image of the "ertifi"ate of "anass .After the $res"ri%ed $eriod for

$osting, the "hairman of the %oard of "anassers shall "olle"t the $osted "ertifi"ate of

"anass and /ee$ the same in his "ustody to %e $rodu"ed for image or data "a$turing asmay %e re9uested

ra 9369 automated election system law

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