RA No. 9369

S. No. 22.31
H.No. 5352

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

1REPUBLIC No.
ACT 93 6 9 ]
AN ACT AMENDING REPUBLIC ACT NO. 8436,
ENTITLED "AN ACT AUTHORIZING THE
COMMISSION ON ELECTIONS TO USE AN
AUTOMATED ELECTION SYSTEM IN THE MAY 11,
1998 NATIONAL OR LOCAL ELECTIONS AND IN
SUBSEQUENT NATIONAL AND LOCAL ELECTORAL
EXERCISES, TO ENCOURAGE TRANSPARENCY,
CREDIBILITY, FAIRNESS AND ACCURACY OF
ELECTIONS, AMENDING FOR THE PURPOSE BATAS
PAMBANSA BLG. 881, AS AMENDED, REPUBLIC ACT
NO. 1166 AND OTHER RELATED ELECTION LAWS,
PROVIDING FUNDS THEREFOR AND FOR OTHER
PURPOSES"

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

SECTION 1. Section 1 of Republic Act No. 8436 is hereby
amended to read as follows:
“SECTION Declaration of Policy - It is the
1.
policy of the State to ensure free, orderly, honest,
peaceful, credible and informed elections,
plebiscites, referenda, recall and other similar
electoral exercises by improving on the election
process and adopting systems, which shall involve
the use of an automated election system that will
ensure the secrecy and sanctity of the ballot and
all election, consolidation and transmission
documents in order t h a t the process shall be
transparent and credible and that the results shall
be fast, accurate and reflective of the genuine will
of the people.

“The State recognizes the mandate and
authority of the Commission to prescribe the
adoption and use of the most suitable technology
of demonstrated capability taking into account the
situation prevailing in the area and the funds
available for the purpose.”
SEC. 2. Section 2 of Republic Act No. 8436 is hereby
“SEC. 2. Defiiritioir of Terms. - As used in
this Act, the following terms shall mean:
“1. Automated election system, hereinafter
referred to as AES - a system using appropriate
technology which has been demonstrated in the
voting, counting, consolidating, canvassing, and
transmission of election results, and other electoral
processes;
“2. Electronic trairsrnission - conveying data
in electronic form from one location to another;

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“3. Official ballot - where AES is utilized,
refers t o the paper ballot, whether printed or
generated by the technology applied, that faithfully
captures or represents the votes cast by a voter
recorded or to be recorded in electronic form;
“4. Election returns - a document i n
electronic and printed form directly produced by
the counting or voting machine, showing the date
of the election, the province, municipality and the
precinct in which it is held and the votes in figures
for each candidate in a precinct in areas where
AES is utilized
“ 5 . Statement of votes - a document
containing the votes obtained by candidates in
each precinct in a city/municipality;
“6.City/municipalidistrict/provincial certificate
of canvass - a document in electronic and printed
form containing the total votes in figures obtained
by each candidate in a city/municipality/district/
province a s the case may be. The electronic
certificate of canvass shall be the official canvass
results in the aforementioned jurisdictions;
“I.Paper-based election system - a type of
automated election system that uses paper ballots,
records and counts votes, tabulates, consolidates/
canvasses and transmits electronically the results
o f the vote count;”

“8.Direct recording electronic election system
- a type of automated election system that uses
electronic ballots, records votes by means of a
ballot display provided with mechanical or electro-
optical components that can be activated by the
voter, processes data by means of a computer
program, records voting data and ballot images,
and transmits voting results electronically;

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“9. Counting center - a public place within
the city/municipality or in such other places as
may be designated by the Commission where the
official ballots cast in various precincts of the city/
munidipality shall be counted. Polling places or
voting centers may also be designated as counting
centers;
“10.Contiizuity plan - a list of contingency
measures, and the policies for activation of such,
t h a t are p u t in place t o ensure continuous
operation of the AES;
“11. Disabled voters - a person with impaired
capacity to use the AES;
“12. Source code - human readable
instructions that define what the computer
equipment will do: and
. “13. Station - refers t o a polling place,
counting center,municipal or provincial canvassing
center.’’
“SEC. 3. Board of Electiort Inspectors. -
Where AES shall be adopted, at least one member
of the Board of Election Inspectors shall be an
information technology-capable person, who is
trained or certified by the DOST to use the AES.
Such certification shall be issued by the DOST,
free of charge.”
deleted. The succeeding sections are hereby renumbered
accordingly.
SEC. 6 . Section 5 of Republic Act No. 6436 is hereby

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“SEC. 4. Information Technology Support for
the Board of Canvassers. -To implement the AES,
each board of canvassers shall be assisted by an
information technologycapable person authorized
to operate the equipment adopted for the-elections.
The Commission shall deputize information
technology personnel from among the agencies and
instrumentalities of the government, including
government-owned and controlled corporations.
The per diem of the deputized personnel shall be
the same as that of the members of the board of
canvassers.”
”SEC. 5. Authority to Use an Automated
Election System. - To carry out the above-stated
policy, the Commission on Elections, herein
referred t o a s t h e Commission, is hereby
authorized to use an automated election system or
systems in the same election in different provinces,
whether paper-based or a direct recording
electronic election system a s it may deem
appropriate and practical for the process of voting,
counting of votes and canvassing/consolidation and
transmittal of results of electoral exercises:
Provided, That for the regular national and local
elections, which shall be held immediately after
the effectivity of this Act, the AES shall be used
in at least two highly urbanized cities and two
provinces each in Luzon, Visayas and Mindanao,
to be chosen by the Commission: Provided, further,
That local government units whose officials have
been the subject of administrative charges within
sixteen (16) months prior to the May 14, 2007
elections shall not be chosen: Provided fhaIIy,
That no area shall be chosen without the consent
of the Sanggunian of the local government unit
concerned. The term local government unit as used
in this provision shall refer to a highly urbanized
city or province. In succeeding regular national or

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local elections, the AES shall be ‘implemented
nationwide.”
SEC.7. Section 7 of Republic Act No. 8436 is hereby
“SEC. 6. Minimum System Capabilities. -
“The automated election system must at least have
the following functional capabilities:
(a) Adequate security against unauthorized
access;
(b) Accuracy in recording and reading of
votes as well as in the tabulation, consolidation/
canvassing, electronic transmission, and storage of
results;
(c) Error recovery in case of non-
catastrophic failure of device;
(d) System integrity which ensures
physical stability and functioning of the vote
recording and counting process;
(e) Provision for voter verified paper audit
trail;
(Q System auditability which provides
supporting documentation for verifying the
correctness of reported election results;

(g) An election management system for
preparing ballots and programs for use in the
casting and counting of votes and to consolidate,
report and display election results in the shortest
time possible;
(h) Accessibility to illiterates and disabled
voters;
(i) Vote tabulating program for election,
referendum or plebiscite;

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6) Accurate ballot counters;
(k) Data retention provision;

()l Provide for the safekeeping, storing and
archiving of physical or paper resource used in the
election process;
(m) Utilize or generate official ballots as
herein defined;
(n) Provide t h e voter a system of
verification to find out whether or not the machine
has registered his choice; and
(0) Configure access control for sensitive
system data and functions.
“In the procurement of this system, the
Commission shall develop and adopt an evaluation
system to ascertain that the above minimum
system capabilities are met. This evaluation system
shall be developed with the assistance of an
advisory council.”
,.
,- .. ,
SEC. 8 A new Section 7 is hereby provided to read as
.
follows:
“SEC. I . Communication Channels for
Electronic Transmissions. - All electronic
transmissions by and among the AJ3S and its
related components shall utilize secure
communication channels as recommended by the
Advisory Council, to ensure authentication and
integrity of transmissions.”
SEC. 9. New Sections 8, 9, 10 and 11 are hereby
provided to read as follows:
“SEC. 8. The Advisory Council. - The
Commission shall create an Advisory Council,
hereafter referred to as the Council, which shall

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be convened not later than eighteen (18) months
prior to the next scheduled electoral exercise, and
deactivated six months after completion of
canvassing: Provided for purposes of the 2007
elections, t h e Advisory Council shall be
immediately convened within ten (10) days after
the effectivity of this Act.
“The Council shall be composed of the
following members, who must be registered
Filipino voters, of known independence, competence
and probity:

“(a) The Chairman of the Commission on
Information and Communications Technology
(CICT) who shall act as the chairman of the
Council;

“(b) One member from the Department of
Science and Technology;

“(c) One member from the Department of
Education;

“(d) One member representing the academe,
to be selected by the chair of the Advisory Council
from among the list of nominees submitted by the
country’s academic institutions;
“(e) Three members representing ICT
professional organizations to be selected by the
chair of the Advisory Council &om among the list
of nominees submitted by Philippine-based ICT
professional organizations. Nominees shall be
individuals, a t lea,st one of whom shall be
experienced in managing or implementing large-
scale IT projects.
“(0 Two members representing
nongovernmental electoral reform organizations, to
be selected by the chair of the Advisory Council
from among the list of nominees submitted by the

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country’s nongovernmental electoral reform
organizations.
“A person who is affiliated with any political
party or candidate for any national position, or is
related to a candidate for any national position by
affinity or consanguinity within the fourth civil
degree, shall not be eligible for appointment or
designation to the Advisory Council. Should any
such situation arise at any time during the
incumbency of a member, the designation or
appointment of that member shall ipso facto be
terminated.
“Any member of the Advisory Council is
prohibited 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 for
election purposes for personal gain.
“Any violation of t h e two immediately
preceding paragraphs shall disqualify said member
from the Advisory Council and shall be punishable
as provided in this Act and shall be penalized in
accordance with the Anti-Graft and Corrupt
Practices Act and other related laws.
“The Council may avail itself of the expertise
and services of resource persons who are of known
independence, competence and probity, a r e
nonpartisan, and do not possess any of the
disqualifications applicable to a member of the
Advisory Council as provided herein. The resource
persons shall also be subject t o the same
prohibitions and penalties as the members of the
Advisory Council.
“The Commission on Information and
Communications Technology (CICT), shall include
in its annual appropriation the funds necessary to
enable the Council to effectively perform its
functions.”

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“SEC.9. Functions of the Advisory Council.
- The Council shall have the following functions:
1. Recommend the most appropriate,
secure, applicable and cost.effective technology to
be applied in the AEX, in whole or in part, at that
specific point’ in time.
2. Participate as nonvoting members of
the Bids and Awards Committee in the conduct of
the bidding process for the AES. Members of the
Advisory Council representing the ICT professional
organizations a r e hereby excluded from
participating in any manner in the Bids and
Awards Committee.
3. Participate as nonvoting members of
t h e steering committee tasked with the
implementation of the AES. Members of the
Advisory Council representing the ICT professional
organizations are hereby . excluded from
participating in any manner .in the steering
committee.
4. Provide advice and assistance in the
review of t h e systems planning, inception,
development, testing, operationalization, and
‘evaluation stages ,,
5. Provide advice and/or assistance in the
-identification, assessment and resolution of systems
problems or inadequacies as may surface or
resurcace in the course of the bidding, acquisition,
testing, operationalization, re-use, storage or
disposition of the AES equipment and/or resources
as the case may be.
6. Provide advice and/or assistance in the
risk management of the AES especially when a
contingency or disaster situation arises.

7. Prepare and submit a written report,
which shall be submitted within six months from
the date of the election to the oversight committee,
evaluating the use of the AES.
Nothing in the role of the Council or any
outside intervention or influence shall be construed
as an abdication or diminution of the Commission’s
authority and responsibility for the effective
development, management and implementation of
the AES and this Act.”
The Advisory Council shall be entitled to a
just and reasonable amount of per diem allowances
and/or honoraria to cover the expenses of the
services rendered chargeable against the budget of
the Commission.”
“SEC. 10. The Technical Evaluation
Committee. - The Commission, in collaboration
with the chairman of the Advisory Council, shall
establish a n independent technical evaluation
committee, herein known as the Committee,
composed of a representative each from the
Commission, the Commission on Information and
Communications Technology and the Department
of Science and Technology who shall act a s
Chairman of the Committee.
“The Committee shall be immediately
convened within ten (IO) days after the effectivity
of this Act.”
“SEC. 11. Functions of the Technical
Evaluation Committee. - The Committee shall
certify, through an established international
certification entity to be chosen by the Commission
fiom the recommendations of the Advisory Council,
not later than three months before the date of the
electoral exercise, categorically stating that the
AES, including its hsrdware and software
components, is operating properly, securely, and
accurately, in accordance with the provisions of

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this Act based, among others, on the following
documented results:
1. The successful conduct of a field testing
process followed by a mock election event in one’
or more cities/municipalities;
2. The successful completion of audit on
the accuracy, functionality and security controls of
the AES software;
3. The successful completion of a source
code review;
4. A certification that the source code is
kept, in escrow with the Bangko Senti-a1 ng
Pihpinas,
5. A certification that the source code
reviewed is one and the same as that used by the
equipment; and
6. The development, provisioning, and
operationalization of a continuity plan to ‘cover
risks to the AES at all points in the process such
that a failure of elections, whether a t voting,
counting or consolidation, may be avoided.
For purposes of the 2007 elections, the
certification shall be done not later than eight
weeks prior to the date of the elections.
“If the Commission decides to proceed with
the use of the AES without the Committee’s
certification, it must submit its reasons in writing,
to the Oversight Committee, no less than thirty
(30) days prior to the electoral exercise where the
AES will be used.
“The Committee may avail itself of the
expertise and services of resource persons who are
of known independence, competence and probity,
are non partisan, and who do not possess any of

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the disqualifications applicable to a member of the
Advisory Council as provided herein. The resource
persons shall also be subject to t h e same
prohibitions and penalties as the members of the
Advisory Council.
“The Committee shall closely coordinate with
the steering committee of the Commission tasked
with the implementation of the AES in the
identification a n d agreement of the project
deliverables and timelines, and in the formulation
of the acceptance criteria for each deliverable.”
“SEC.12. Procurement of Equipment and
Materials,- To achieve the purpose of this Act, the
Commission is authorized to procure, in accordance
with existing laws, by purchase, lease, rent or
other forms of acquisition, supplies, equipment,
materials, software, facilities and other services,
from local or foreign sources free from taxes and
import duties, subject to accounting and auditing
rules and regulations. With respect to the May 10,
2010 elections and succeeding electoral exercises,
the system procured must have demonstrated
capability and been successfully used in a prior
electoral exercise here or abroad. Participation in
“the 2007 pilot exercise shall not be conclusive of
the system’s fitness.
“In determining the amount of any bid from
a technology, software or equipment supplier, the
cost to the government of its’deployment and
implementation shall be added to the bid price as
integral thereto. The value of any alternative use
to which such technology, software or equipment
can be put for public use shall not be deducted
from the original face value of the said bid.”

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“SEC. 13. Continuity Plan. - The AES shall
be so designed to include a continuity plan in case
of a systems breakdown or any such eventuality
which shall result in the delay, obstruction or
nonperformance of the electoral process. Activation
of such continuity and contingency measures shall
be undertaken in the presence of representatives of
political parties and citizens’ arm of the Commission
who shall be notified by the election officer of such
activation.
“AU political parties and party-lists shall be
furnished copies of said continuity plan at their
official addresses as submitted to the Commission.
The list shall be published in a t least two
newspapers of national circulation and shall be
posted at the website of the Commission at least
fifteen (16) days prior to the electoral activity
concerned.”
“SEC. 14. Examination and Testing of
Equipment or Device o f the AES and Opening of
the Source Code for Review. - The Commission
shall allow the political parties and candidates or
their representatives, citizens’ arm or their
representatives to examine and test.
“The equipment or device to be used in the
voting and counting on the day of the electoral
exercise, before voting starts. Test ballots and test
forms shall be provided by the Commission.
“Immediately after the examination and
testing of the equipment or device, the parties and
candidates or their representatives, citizens’ arms
or their representatives, may submit a written
comment t o t h e election officer who shall
immediately transmit it to the Commission for
appropriate action.

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“The election officer shall keep minutes of the
testing, a copy of which shall be submitted to the
Commission together with the minutes of voting.”
“Once an AES technology is selected for
implementation, the Commission shall promptly
make the source code of that technology available
and open to any interested political party or
groups which may conduct their own review
thereof.”
“SEC. 15. OfficialBaUot. - The Commission
shall prescribe the format of the electronic display
and/or the size and form of the official ballot,
which shall contain the titles of the positions to be
filled and/or the propositions to be voted upon in
an initiative, referendum or plebiscite. Where
practicable, electronic displays must be constructed
to present the names of all candidates for the
same position in t h e same page or screen,
otherwise, t h e electronic displays must be
constructed to present the entire ballot to the
voter, in a series of sequential pages, and to
ensure that the voter sees all of the ballot options
on all pages before completing his or her vote and
to allow the voter to review and change all ballot
choices prior to completing and casting his or her
ballot. Under each position to be fiUed, the names
of candidates shall be arranged alphabetically by
surname and uniformly indicated using the same
type size. The maiden or married name shall be
listed in the official ballot, as preferred by the
female candidate. Under each proposition to be
voted upon, the choices should be uniformly
indicated using the same font and size.
“A fixed space where the chairman of the
board of election inspectors shall affix h i s h e r
signature to authenticate the official ballot shall be
provided.

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"For this purpose, the Commission shall set
t h e deadline for the filing of certificate of
candidacy/petition for registratiordmanifestation tb
.participate in the election. Any person who files
his certificate of candidacy within this period shall
only be considered as a candidate at the start of
t h e campaign period for which he filed his
certificate of candidacy: Provided, That, unlawful
acts or omissions applicable to a candidate shall
take effect only upon the start of the aforesaid
campaign period Provided, finally> That any
person holding a public appointive office or
position, including active members of the armed
forces, and officers and employees in government.
owned or -controlled corporations, shall be.
considered ipso facto resigned from hisher office
and must vacate the same at the start of the day
of the filing of hisher certificate of candidacy.
"Political parties may hold political
conventions to nominate their official candidates
within thirty (30) days before the start of the
period for filing a certificate of candidacy.
"With respect, to a paper-based election
system, the official ballots shall be printed by the
National Printing Office andlor the Bangko Sentral
ng Piliphas at the price comparable with that of
private printers under proper security measures
which the Commission shall adopt. The
Commission may contract the services of private
printers upon certifkation by the National Printing
OfficelBangko Sentral n g Pilipinas that it cannot
meet t h e printing requirements. Accredited
political parties and deputized citizen's arms of the
Commission shall assign watchers in the printing,
storage and distribution of official ballots.
"To prevent the use of fake ballots, the
Commission through the Committee shall ensure
that the necessary safeguards, such as, but not

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limited to, bar codes, holograms, color shifting ink,
microprinting, are provided on the ballot.
“The official ballots shall be printed and
distributed to each city/municipality at the rate of
one ballot for every registered voter with a
provision of additional three ballots per precinct.”
SEC. Section 13 of Republic Act No. 8436 is hereby
14.
‘‘SEC. B a h t box. - Where applicable,
17.
there shall be in each precinct on election day a
ballot box with such safety features that the
Commission may prescribe and of such size as t o
accommodate the official ballots.”
SEC.15. Section 14 of Republic Act No. 8436 hereby
“SEC. 18. Procedure in voting - The
Commission shall prescribe the manner and
procedure of voting, which can be easily
understood and followed by the voters, taking into
consideration, among other things, the secrecy of
the voting.“
“SEC.1 . c~os’g o f p o k - The Commission
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shall prescribe the time, manner and procedure of
closing- the polls and the steps for the correct
reporting of votes cast and the proper conduct of
counting for areas covered by the AES.”
“SEC.20. Notice of Designation of Counting
Centers. - The election officer shall post
prominently in hislher office, in the bulletin boards
a t the city/municipal hall and in three other
~

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conspicuous places in the citylmunicipality, the
notice on the designated counting center(s) for at
least three weeks prior to election day. The notice
shall specify the precincts covered by each counting
center and the number of registered voters in each
of said precincts. The election officer shall also
furnish a copy of the notice to, the headquarters
or official address of the political parties or
independent candidates within the same period.
The election officer shall post in the Commission
website concerned the said notice and publish the
notices in the local newspapers. Where the polling
place or voting center is also the designated
counting center, such information shall be
contained in the notice.
“The Commission may not designate as
counting center any building or facility located
within the premises of a camp, reservation
compound, headquarters, detachment, or field office
of the military, police, prison or detention bureau,
or any law enforcement or investigation agency.”
“SEC. 21. Counting Procedure. - The
Commission shall prescribe the manner and
procedure of counting t h e votes under the
automated system: Provided, That apart from the
electronically stored result, thirty (30) copies of the
election return are printed.”
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“SEC. 22. Election Returns. - Each copy of
the printed election returns shall bear appropriate
control marks to determine the time and place of
printing. Each copy shall be signed and
thumbmarked by all the members of the board of
election inspectors and the watchers present. If
any member of the board of election inspectors

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present refuses to sign, the chairman of the board
shall note the same in each copy of the printed
election returns. The member of the board of
election inspectors concerned refusing to sign shall
be compelled to explain his or her refusal to do so.
Failure to explain an unjustifiable refusal to sign
each copy of the printed election return by any
member of the board of election inspectors shall be
punishable as provided in this Act. The chairman
of the board shall then publicly read and announce
the total number of registered voters, the total
number of voters who actually voted and the total
number of votes obtained by each candidate based
on the election returns.
"Thereafter, the copies of the election returns
shall be sealed and placed in the proper envelopes
for distribution as follows:
"A. In the election of president, vice-
president, senators and party.list system:

1) The first copy shall be delivered to the
city or municipal board of canvassers;

2) The second copy, t o the Congress,
directed to the President of the Senate;

3) The third copy, to the Commission;

4) The fourth copy, to the citizens' arm
authorized by the Commission to conduct an
unofficial count.
5) The fifth copy, to the dominant
majority party as determined by the Commission
in accordance with law;
6) The sixth copy, to the dominant
minority party as determined by the Commission
in accordance with law; and

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7) The seventh copy shall be deposited
inside the compartment of the ballot box for valid
ballots.
8) The eighth copy, to the Provincial
Board of Canvassers;

9) The ninth to the eighteenth copies, to
the ten (10) accredited major national parties,
excluding the dominant majority and minority
parties, in accordance with a voluntary agreement
among them. If no such agreement is reached, the
Commission shall decide which parties shall
receive the copies on the basis of the criteria
provided in Section 26 of Republic Act No. 7166;

10) The nineteenth and twentieth copies, to
t h e two accredited major local parties in
accordance with a voluntary agreement among
them. If no such agreement is reached, the
receive the copies on the basis of criteria analogous
to that provided in Section 26 of Republic Act No.
7166;

11) The twenty-first to the twenty-fourth
copies, to nationd broadcast or print media entities
a s may be equitably determined by the
Commission in view of propagating the copies to
the widest extent possible;
12) The twenty-fifth and twenty-sixth
copies, to local broadcast or print media entities as
may be equitably determined by the Commission
in view of propagating the copies to the widest
extent possible; and

13) The twenty-seventh to the thirtieth
copies, to the major citizens’ arms, including the
accredited citizens’ arm, and other non-partisan
groups o r organizations enlisted by the
Commission pursuant to Section 5 2 0 of Batas
Pambansa Blg. 881. Such citizens’ arms, groups

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and organizations may use the four certified copies
of election returns for the conduct of citizens’ quick
counts at the local or national levels.
“B. In the election of local officiak and
members of the House of Representatives:

1) The first copy shall be delivered to the

2) The second copy, to the Commission;

3) The third copy, to the provincial board
of canvassers;

4) The fourth copy, to the citizens’ arm
unofficial count.
5) The fifth copy, t o the dominant
6) The sixth copy, to the dominant
’ minority party as determined by the Commission

7) The seventh copy shall be deposited
ballots;
8) The eighth copy to be posted
conspicuously on a wall within the premises of the
polling place or counting center;

9) The ninth to eighteenth copies shall be
given to the .ten (10) accredited major national
parties, excluding the dominant majority and
minority parties, in accordance with a voluntary
agreement among them. If no such agreement is
reached, the Commission shall decide which parties
shall receive the copies on the basis of the criteria

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10) The nineteenth and twentieth copies
shall be given t o the two accredited major local
parties in accordance with a voluntary agreement
7166;

11) The twenty-first to the twenty-fifth
copies, to national broadcast or print media entities
a s may b e equitably determined by the
12) The twenty-sixth and twenty-seventh
in view of propagating the copies t o the widest

13) The twenty-eighth to the thirtieth
groups or organizations enlisted by the
Commission pursuant to Section 52&) of Batas
and organizations may use the five certified copies
of election returns for the conduct of citizens’ quick
counts at the local or national levels.
“Immediately after the eighth copy is printed,
the poll clerk shall announce the posting of said
copy on a wall within the premises of the polling
place or counting center, which must be sufficiently
lighted and accessible to the public. Any person
may view or capture an image of the election
return by means of any data capturing device such
as, but not limited to, cameras at any time of the
day for forty-eight (48) hours following its posting.
After such period, the chairman of the board of
election inspectors shall detach the election return

23

from the wall and keep the same in his custody to
be produced as may be requested by any voter for
image or data capturing or for any lawful purpose
as may be ordered by competent authority.
“Within one hour after the printing of the
election returns, the chairman of the board of
election inspectors or any official authorized by the
Commission shall, in the presence of watchers and
representatives of the accredited citizen’s arm,
political partieslcandidates, if any, electronically
transmit the precinct results to the respective
levels of board of canvassers, to the dominant
majority and minority party, to the accredited
citizen’s arm, and t o the Kapisanan ng mga
Broadcasters ng Pihpinas (KBP).
”The election results at the citylmunicipality
canvassing centers shall be transmitted in the
same manner by the election officer or any official
authorized by the commission to the district or
provincial canvassing centers.
“The election returns transmitted
electronically and digitally signed shall be
considered as official election results and shall be
used as the basis for the canvassing of votes and
the proclamation of a candidate.”
“After the electronic resylts have been
transmitted, additional copies not to exceed thirty
(30) may be printed and given to requesting
parties at their own expense.”
“SEC. 25. Canvassing by Provincial, City,
District and Municipal Boards of Canvassers. -
The city or municipal board of canvassers shall
canvass the votes for the president, vice-president,
senators, and parties, prganizations or coalitions
participating under the party-list system by

24

consolidating the electronically transmitted results
or the results contained in the data storage devices
used in the printing of the election returns. Upon
completion of the canvass, it shall print the
certificate of canvass of votes for president, vice.
.president, senators and members of the House of
Representatives and elective provincial officials and
thereafter, proclaim the elected city or municipal
officials, as the case may be.
“The c i t y board of canvassers of cities
comprising one or more legislative districts shall
canvass the votes for president, vice.president,
senators, members of the House of Representatives
and elective city officials by consolidating the
certificates of canvass electronically transmitted or
the results contained in the data storage devices
used in the printing of the election returns. Upon
completion of the canvass, the.board shall produce
the canvass of votes for president, vice-president,
and senators and thereafter, proclaim the elected
members of the House of Representatives and city
officials.
“In the Metro Manila area, each municipality
comprising a legislative district shall have a
district board of canvassers which shall canvass
the votes for president, vice-president, senators,
members of the House of Representatives and
elective municipal officials by consolidating the
electronically transmitted results or the results
contained in the data storage devices used in the
printing of the election returns. Upon completion
of the canvass, it shall produce the certificate of
canvass of votes for president, vice.president, and
senators and thereafter, proclaim the elected
municipal officials.
“Each component municipality in a legislative
district in the Metro Manila area shall have a
municipal board of canvassers which shall canvass
the votes for president, vice-president, senators,

25

elective municipal officials by consolidating the
results electronically transmitted from the counting
centers or the results contained in the data storage
devices used in the printing of the election returns.
Upon completion .of the canvass, it shall prepare
the certificate of canvass of votes for president,
vice-president, senators, members of the House of
Representatives and thereafter, proclaim the
elected municipal officials.
“The district board of canvassers of each
legislative district comprising two municipalities in
the Metro Manila area shall canvass the votes for
president, vice-president, senators and members of
the House of Representatives by consolidating the
certificates of canvass electronically transmitted
from the city/municipal consolidating centers or the
results contained in the data storage devices
submitted by the municipal board of canvassers of
the component municipalities. Upon completion of
the canvass, it shall produce a certificate of
canvass of votes for president, vice-president and
senators and thereafter, proclaim the elected
members of the House of Representatives in the
legislative district.
“The .district/provincial board of canvassers
shall canvass the votes for president, vice-
president, senators, members of the House of
Representatives and electfve provincial officials by
consolidating the results electronically transmitted
from the city/municipal consolidating centers or the
results contained in the data storage devices
submitted by the board of canvassers of the
municipalities a n d component cities. Upon
completion of the canvass, it shall produce the
certificate of canvass of votes for president, vice.
president and senators and thereafter, proclaim the
elected members of the House of Representatives
and the provincial officials.

26

“The municipal, city, district and provincial
certificates of canvass of votes shall each be
supported by a statement of votes.
“Within one hour after the canvassing, the
Chairman of the district or provincial Board of
Canvassers or the city board of canvassers of those
cities which comprise one or more legislative
districts s h a l l electronically t r a n s m i t the
certificates of canvass to the Commission sitting
as the national board of canvassers for senators
and party-list representatives and to the Congress
a s the National Board of Canvassers for the
president a n d vice president, directed to the
President of the Senate.
“The Commission shall adopt adequate and
effective measures to preserve the integrity of the
certificates of canvass transmitted electronically
and the results in the storage devices a t the
various levels of the boards of canvassers.
“The certificates of canvass transmitted
electronically a n d digitally signed shall be
considered as official election results and shall be
used as the basis for the proclamation of a winning
candidate.”
“SEC.~ Number of Copies of Certificates
26.
of Canvass of Votes and their distribution. - (a)
The certificate of canvass of votes for president,
vice-president, senators, members of the House of
Representatives, parties, organizations or coalitions
participating under the party-list system and
elective provincial officials shall be produced by the
city or municipal board of canvassers and
distributed as follows:

27

“(1) The first copy shall be delivered to the
provincial board of canvassers for use in the
canvass of election results for president, vice-
Representatives, parties, organizations or co&tions
participating under the party-list system and
elective provincial officials;
“(2) The second copy shall be sent to the
Commission;
“(3) The third copy shall be kept by the
chairman of the board; and
“ 4 The fourth copy shall be given to the
()
citizens’ arm designated by the Commission to
conduct an unofficial count. It shall be the duty of
the citizens’ arm to furnish independent candidates
copies of the certificate of canvass at the expense
of the requesting party.
“(5) The fifth copy to Congress, directed to
the President of the Senate;
‘‘(6) The sixth copy to be posted on a wall
within the premises of the canvassing center;
“(7) The seventh and eighth copies shall be
given to the dominant majority and minority
parties;
“(8) The ninth to eighteenth copies shall be
given to the ten (10) accredited major national
parties, excluding the dominant majority and
minority parties, in accordance with a voluntary
agreement among them. If no such agreement is
reached, the Commission shall decide which parties
shall receive the copies on the basis of the criteria
“(9) .The nineteenth and twentieth copies
shall be given to the two accredited major local

28

7166;
“(10) The twenty-first to the twenty-fifth
copies, to national broadcast or print media entities
as may be equitably determined by the
“(11) The twenty-sixth and twentyseventh
in view of propagating the .copies to the widest
“(12) The twenty-eighth to the thirtieth
groups or organizations enlisted by the
Commission pursuant to Section 62&) of Batas
and organizations may use the three certified
copies of election returns for the conduct of
citizens’ quick counts a t the local or national
levels.”
“The board of canvassers shall furnish all
other registered parties copies of the certificate of
canvass at the expense of the requesting party.

“@) The certificate of canvass of votes for
president, vice-president and senators, parties,
organizations or coalitions participating under the
partylist system shall be produced by the city
boards of canvassers of cities comprising one or
more legislative districts, by provincial boards of
canvassers dnd by district boards of canvassers in
the Metro Manila area, and other highly urbanized
areas and distributed as follows: ’

29

“(1) The first copy shall be sent to Congress,
directed to the President of the Senate for use in
the canvass of election results for president and vice-
president;
Commission for use in the canvass of the election
results for senators;
“(3) The third copy shall be kept by the
chairman of the board; and
“(4) The fourth copy shall be given to the
conduct an unofficial count. It shall be the duty of
the citizens’ arm to furnish independent candidates
copies of the certificate of canvass at the expense
of the requesting party.
“(5) The fifth copy t o Congress, directed to
the President of the Senate;
“6 The sixth copy to be posted on a wall
()
within the premises of the canvassing center;
“(7) The seventh and eighth copies to the
dominant majority and minority parties;
“(8) The ninth and tenth copies to two
accredited major national parties representing the
majority and the minority, excluding the dominant
majority and minority parties, to be determined by
the Commission on the basis of the criteria

“(9) The eleventh to thirteenth copies to
national broadcast media entities as may be
equitably determined by the Commission in view
of propagating the copies to the widest extent
possible; and
“(10) The fourteenth copy to another citizens’
arm or in the absence thereof, to a non-partisan

30

group or organization enlisted by the Commission
pursuant to Section 62(k) of Batas Pambansa Blg.
881. Such citizens’ arm or non-partisan group or
organization may use the copy of election return
for the conduct of citizens’ quick counts at the local
or national levels.
“The board of canvassers shall furnish all
other registered parties copies of the certificate of
canvass at the expense of the requesting party.

“(c) The certificates of canvass printed by
the provincial, district, city or municipal boards of
canvassers shall be signed and thumb marked by
the chairman and members of the board and the
principal watchers, if available. Thereafter, it shall
be sealed and placed inside an envelope which
shall likewise be properly sealed.
“In all instances, where t h e Board of
Canvassers has the duty to furnish registered
political parties with copies of the certificate of
canvass, the pertinent election returns shall be
attached thereto, where appropriate.”
“Immediately after the sixth copy and its
supporting statement of votes are printed, the
chairman of t h e board of canvassers shall
announce the posting of said prints on a wall
within the premises of the canvassing center,
which must be sufficiently lighted and accessible
to the public. Any person may view or capture an
image of t h e Certificate of Canvass or the
supporting statement of votes by means of any
data 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, the
chairman of the board of canvassers shall detach
the election return from the wall and keep the
same in his custody to be produced as may be
requested by a n y voter for image or data capturing
or for any lawful purpose as may be ordered by
competent authority.”

31

amended tb read as follows:
“SEC. 21. National Board of Canvassers for
Senators and PartpList Representatives. - The
chairman and members of the Commission on
Elections sitting en banc, shall compose the
national board of canvassers for senators and
party-list representatives. It shall canvass the
results by consolidating the certificates of canvass
electronically transmitted. Thereafter, the national
board shall proclaim the winning candidates for
senators and party-list representatives.”
“SEC.28. Congress as the National Board of
Canvassers for President and Wee-President.- The
Senate and the House of Representatives in joint
public session shall compose the national board of
canvassers for president and vice-president. The
certificate of canvass. for president and vice-
president duly certified by the board of canvassers
of each province or city, shall be electronically
transmitted to the Congress, directed to the
president of the Senate. Upon receipt of the
certificates of canvass, the President of the Senate
shall, not later than thirty (30) days after the day
of the election, open all the certificates in the
presence of t h e Senate and t h e House of
Representatives in joint public session and the
Congress upon determination of the authenticity
and the due execution thereof in the manner
provided by law, canvass all the results for
president and vice-president a n d ther’eafter,
proclaim the winning candidates.”
SEC. 24. A new Section 29 is hereby provided to read
as follows:
“SEC.29. Random Manual Audit. - Where
the AES is used, there shall be a random manual

32

audit in one precinct per congressional district
randomly chosen by the Commission in each
province and city. Any difference between the
automated and manual count will result in the
determination of root cause and initiate a manual
count for those precincts affected by the computer
or procedural error.”
SEC. 25. A new Section SO is hereby provided to read
as follows:
“SEC. 30. Authentication of Electronically
nansmitted Election Results. - The manner of
determining the authenticity and due execution of
the certificates shall conform with the provisions
of Republic Act No. 7166 as may be supplemented
or modified by the provisions of this Act, where
applicable, by appropriate authentication and
certification procedures for electronic data,
electronic documents and electronic signatures as
provided in Republic Act No. 8792 as well as the
rules promulgated by the Supreme Court pursuant
thereto.”
SEC. 26. Section 26 of Republic Act No. 8436 is hereby ‘
amended to read as follows
“SEC. 31. Stakeholder educatim and trammg
- The Commission shall, not later than six months
before t h e actual automated election exercise,
undertake a widespread stakeholder education and
training program, through newspapers of general
circulation, radio, television and other media forms,
as well as through seminars, symposia, fora and
other nontraditional means, to educate the public
and fully inform the electorate about the AES and
inculcate values on honest, peaceful, orderly and
informed elections.
“Such program shall ensure the acceptance
and readiness of the following stakeholders to
understand and appreciate the benefits of the AES:

33

1. General publichoters;
2. Commission’s staff;
3. Department of Education, Department of
Finance (municipal, city and provincial
treasurers) and all other government
agencies who will play a role in the
electoral exercise;
4. Local government officials brovincial,
municipal, barangay levels);
5. Incumbent elected officials in t h e
legislative and executive departments;
6. Political parties and candidates;
7. Members of the military and police.
“The general public or voters training will
focus on building t h e capability t o use t h e
automated system to cast their vote, as well as a
general appreciation of the AES. All other ’

stakeholders mentioned above will receive
additional information in order to build a deeper
understanding of the voting, counting, canvassing
procedures, so that they may act as advocates of
the AES.
”The Commission together with and in
support of accredited citizens‘ arms shall carry out
a continuing and systematic campaign through
newspapers of general circulation, radio and other
media forms, a s well a s through seminars,
symposia, fora and other nontraditional means to
educate the public and fully inform the electorate
about the AES and inculcate values on honest,
peaceful and orderly elections.”
“SEC. 33. Joint Congressional Oversight
Committee. - An Oversight Committee is hereby
created composed of seven members each from the
Senate and the House of Representatives, four of
whom shall come from the majority and three from
the minority, t o monitor a n d evaluate t h e

34

implementation of this Act. A written report to the
Senate and the House of Representatives shall be
submitted by the Advisory Council within six
months from the date of election. The oversight
committee shall conduct a mandatory review of
this Act every twelve (12) months from the date
of the last regular national or local elections.”
“The oversight committee shall conduct a
comprehensive assessment and evaluation of the
performance of the different AES technologies
implemented a n d shall make appropriate
recommendations to Congress, in session
assembled, specifically including the following:
“1. An assessment and comparison of each
of the AES technologies utilized, including their
s t r e n g t h s , weaknesses, applicability or
inapplicability in specific areas and situations;
“2. An evaluation of their accuracy through
a comparison of a random sample of the AES
election results with a manual tabulation, and the
conduct of similar tests;
“3. As to the scope of AES implementation
in t h e subsequent elections, provide for
recommendations as to whether any of the
following should be adopted
“a. Further test application of the AES or
a particular AES technology used in the 2007
elections, whether in the same or other areas;
“b. A increase or enlargement of areas for
n
implementation of the AES or an AES technology
and not a full implementation; or
‘‘c. A full implementation of the AES.
“4. As to the kind of AES technology,
provide for proposals as to whether:

35

“a. A particular AES technology should no
longer be utilized for being obsolete, inapplicable,
inaccurate or with a defect which cannot be
remedied
“b. An enhancement or improvement is
needed to an AES technology which was used in
the 2007 elections to make it more functional,
appropriate and accurate;
‘IC. A particular AES technology is already
appropriate a n d should be utilized fully for
subsequent elections; or
“d. The testing or adoption of new
technologies which may have emerged after the
2007 elections is needed.”
‘“SEC. 35. Prohibited Acts and Penalties. -
The following shall be penalized as provided in thb
Act, whether or not said acts affect the electoral
process or results:
“(a) Utilizing without authorization, tampering with,
damaging, destroying or stealing:
“(I) Official ballots, election returns, and certificates of
canvass ofvotes used in the system; and-
“(2) Electronic devices or their components, peripherals
orsupplies usedintheAES such ascountingmachine,
memory packldiskette, memory pack receiver and
computer set;
“(b) Interfering with, impeding, abscondingforpurposeof
gain, preventing the installation or use of computer
counting devices and the processing, storage,
generation and transmission of election results, data
or information;

36

“(c) Gainingorcausingaccesstousing, altering, destroying
or disclosing any computer data, program, system
software, network, or any computermrelateddevices,
facilities, hardware or equipment, whether classified
or declassified;
“(d) Refusal of the citizens’ arm t o present for perusal its
copy of election return to the board of canvassers;
“(e) Presentation by the citizens’ arm of tampered or
spurious election returns;

“(9 Refusal or failure to provide the dominant majority
and dominant minority parties or the citizens’ arm
their copy of election returns; and
“(9) The failure to post thevoters’ list within the specified
time, duration and in the designated location shall
constitute an election offense on the part the election
officer concerned.”
“Any person convicted for violation of this
Act, except those convicted of the crime of electoral
sabotage, shall be penalized with imprisonment of
eight years and one day to twelve (12) years
without possibility of parole, and perpetual
disqualification t o hold public office a n d
deprivation of the right of suffrage. Moreover, the
offender shall be perpetually disqualified to hold
any non-elective public office.”
“SEC.36. &~ficabdity. - The provisions of
Batas Pambansa Blg. 881, as amended, otherwise
known as the ‘Omnibus Election Code of the
Philippines’, and other election laws not
inconsistent with this Act shall apply.”
SEC. Section 31 of Republic Act No. 8436 is hereby
30.

37

“SEC. 37. Rules and Regulations. - The
Commission shall promulgate rules and regulations
for the implementation and enforcement of this
Act.
“Notwithstanding the foregoing canvassing
procedure, t h e Commission is authorized to
prescribe other manner or procedure for the
canvassing and consolidation of votes as technology
evolves, subject to the provisions of Section 7
hereof on the minimum capabilities of the AES
and other pertinent laws.”
“Sec. 25. Manner of Counting Votes. - In
addition to t h e requirement in the fourth
paragraph of Section 12 of the Republic Act No.
6646 and Section 210 of the Omnibus Election
Code, in reading the official ballots during the
counting, the chairman, the poll clerk and the
third member shall assume such positions as to
provide the watchers and the members of the
public as may be conveniently accommodated in
the polling place, an unimpeded view of the ballot
being read by the chairman, of the election return
a n d the tally board being simultaneously
accomplished by the, poll clerk and the third
member respectively, without touching any of these
election documents. The table shall be cleared of
all unnecessary writing paraphernalia. Any
violation of this requirement shall constitute an
election offense punishable under Sections 263 and
264 of the Omnibus ’Election Code.
“The chairman shall first read the votes for
national positions.
“Any violation of this Section, or its pertinent
portion, shall constitute an election offense and
shall be penalized in accordance with Batas
Pambansa Blg. 881.”

38

SEC. 32. Section 212 of Batas Pambansa Blg. 881, as
amended, is hereby amended to read a8 follows:
“SEC. 212. Election Returns. - The board of
election inspectors shall prepare the election
returns simultaneoubly with the counting of votes
in the polling place as prescribed in Section 210
hereof. The recording of vote shall be made as
prescribed in said section. The entry of votes in
words and figures for each candidate shall be
closed with the signature and the clear imprint of
the thumbmark of the right hand of all the
members, likewise to be affixed in full view of the
public, immediately after the last vote recorded or
immediately after the name of the candidate who
did not receive any vote.’’
“The returns shall also show the date of the
election, the polling place, the barangay and the
city or municipality in which it was held, the total
number of ballots found in the compartment for
valid ballots, the total number of valid ballots
withdrawn from the compartment for spoiled
ballots because they were erroneously placed
therein, the total number of excess ballots, the
total number of marked or void ballots, and the
total number of votes obtained by each candidate,
writing out the said number in words and figures
and, at the end thereof, the board of election
inspectors shall certify that the contents are
correct. The returns shall be accomplished in a
single sheet of paper, but if this is not possible,
additional bheets may be used which shall be
prepared in the same manner as the first sheet
and likewise certified by the board of election
inspectors.”
“The Commission shall take steps so that the
entries on the Lrst copy of the election returns are
clearly reproduced on the second, third, fourth,
fifth, and sixth copies thereof, and for the purpose
this Commission shall use a special kind of paper.”

39

“Immediately upon the accomplishment of the
election return for national positions, the poll clerk
shall announce the posting of the second copy of the
election return on a wall with sufficient lighting
within the premises of the polling place or counting
center. He shall then proceed to do the same in the
presence of the other members of the Board, the
watchers and those present in the polling place or
counting center. Without delay and, when feasible,
he shall secure an image of the election return
using a secured data capturing device and
immediately thereafter, while in the premises of the
polling place or counting center, directly print thirty
(30) copies of the election return. Once the prints
have been produced, the poll clerk shall call the
other members of the board to authenticate each
print copy by closely comparing the same with the
election return posted on the wall in the presence
of the watchers and within view of the public. If
the Board finds each print a faithful reproduction
of the election return, all members thereof shall
annotate and sign a certification to that effect on
the bottom front of the print.
“Each certified printed copy shall be placed
in an envelope and distributed as herein provided.
Designated recipients of the certified print copies
may receive their copies at the polling place or
counting center.
“Immediately upon the accomplishment of
the election returns for local positions, the second
copy of the same shall be posted on a wall with
sufficient lighting within the premises of the
polling place.
“The other copies of election returns for both
national and local positions shall be sealed in the
presence of the watchers and the public, and
placed in the proper envelope, which shall likewise
be sealed and distributed as herein provided.”

40

“Any election return with a separately printed
serial number or which bears a different serial
number from that assigned to the particular polling
place concerned shall not be canvassed. This is to
be determined by the board of canvassers prior to
its canvassing on the basis of the certification of the
provincial, city or municipal treasurer as to the
s e r i a l number of the election return assigned to the
said voting precinct, unless the Commission shall
order i n writing for its canvassing, stating the
reason for the variance in serial numbers.”
“If the signatures and/or thumbmarks of the
members of the board of election inspectors or
some of them as required in this provision are
missing in the election returns, the board of
canvassers may summon the members of the board
of election inspectors concerned to complete the
returns.
“The citizen’s arm is mandated to present for
perusal its copy of the election return to the board
of election canvassers upon the request of any
interested candidate.
“Any violation of this section, or its pertinent
Pambansa Blg. 881.
“In addition, the following shall likewise be
guilty of an election offense:
“(a) Any person who removes the election
return posted on the wall, whether within or after
the prescribed forty-eight (48) hours of posting, or
defaces the same in any manner;

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

41

“(c) Any person who simulates t h e
certification in a print of an election return;
“(d) The chairman or any member of the
board of election inspectors who, during the
prescribed period of posting, removes the election
return from the wall on which it had been posted
other t h a n for t h e purpose of immediately
transferring it to a more suitable place;

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

“(0 The chairman or any member of the
board of election inspectors who signs or
authenticates a print which bears an image
different from the election return produced after
counting and posted on the wall.”
SEC. 33. Section 27 of .Republic Act No. 7166, as
amended by Republic Act No. 8045 and Republic Act No.
8173, is hereby further amended to read as follows:
“SEC.27. Number of Copies of Election
Returns and their Distribu~on.- The board of
election inspectors shall prepare in handwriting the
election returns in their respective polling places,
in the number of copies herein provided and in the
form t o be prescribed and provided by t h e
Commission.
“The copies of election returns shall be
distributed by the chairman of the board of
election inspectors as €allows:

“(a) In the election o f president, vice
president, senators and members of the House of
Representatives including the party-list
representatives:

42

”(2) The second copy to be posted on a wall
within the premises of the polling place;
“(3) The t h i r d copy, t o t h e Congress,
directed to the President of the Senate;

“ 4 The fourth copy, to the Commission;
()
“(5) The fifth copy, to t h e dominant
“(6) The sixth copy, to t h e dominant
“(7) The seventh copy, to a citizens’ arm
unofficial count: Provided, however, That the
accreditation of the citizens’ arm shall be subject
t o t h e provisions of Section 52(k) of Batas
Pambansa Blg. 881; and

“(8) The eighth copy shall be deposited
ballots; and

”@) In the election of local officials:
“(2) The second copy to be posted on a wall
within the premises of the polling, place;

“(3) The third copy, to the Commission;
“(4) The fourth copy, to the provincial board
of canvassers;

43

“(5) The fifth copy, to the dominant majority
party as determined by the Commission in
accordance with law;
“(6) The sixth copy, to the dominant
in accordance with law; and
“(7) T h e seventh copy, to a citizens’ arm
authorized by the Commission to conduct a n
unofficial count: Provided, however, That the
accreditation of the citizens’ arm shall be subject
t o t h e provisions of Section 52(k) of Batas
Pambansa Blg. 881; and
“(8) The eighth copy shall be deposited
votes.
“ T h e copy of the election return posted on
the wall shall be open for public viewing at any
time of the day for forty-eight (48) hours following
its posting. Any person may view or capture an
image of the election return by means of any data
capturing device such as, but not limited to,
cameras at any time of the day for forty-eight (48)
hours following its posting. After the prescribed
period for posting, the chairman of the board of
election Inspectors shall collect the posted election
returns and keep the same in his custody to be
produced for image or data capturing as may be
requested by any voter or for any lawful purpose
as may be ordered by competent authority.
“Except for those copies that are required to
be delivered, copies of election returns may be
claimed at the polling place. Any unclaimed copy
shall be brought by the chairman of the board of
election inspectors to the canvassing center where
the recipients or their representatives may claim
them. Copies still unclaimed at the canvassing
cente-i shall be deemed placed in the custody of the
chairman of the board of election inspectors, who

44

shall produce them when requested by the recipient
or when ordered by a competent authority.
“The thirty (30) certified print copies of the
election return for national positions shall be

“(a) The first fourteen (14) copies shall be
given to the fourteen (14) accredited major national
provided in Section 26 hereof;

“(b) The next three copies shall be given to
the t h r e e accredited major local parties i n
to that provided in Section 26 hereof;
“(c) The next five copies shall be given to
national broadcast or print media entities as may
be equitably determined by the Commission in
view of propagating the copies to the widest extent
possible;
“(d) The next two copies shall be given to
local broadcast or print media entities as may be
equitably determined by the Commission in view
possible;
“(e) The next four copies to the major
citizens’ arms, including the accredited citizens’
a r m , a n d other non-partisan groups or
organizations enlisted by the Commission pursuant
to Section 62&) of Batas Pambansa BIg. 881;

“(0 The next copy to be placed inside the
compartment of the ballot box for valid ballots; and

45

“(g) The last copy to the provincial board of
canvassers.”
“The certified print copies may be claimed at
the polling place. Any unclaimed copy shall be
brought by the chairman of the board of election
inspectors to the canvassing center where the
recipients or their representatives may claim them.
Copies s t g unclaimed a t the canvassing center
shall be placed in the custody of the chairman of
the board of election inspectors, who shall produce
them when requested by the recipient or when
ordered by a competent authority.
“Any provision of law to t h e contrary
notwithstanding, any of the recipients of the print
or digital copies of the election return may conduct
an unofficial consolidation of votes and may
announce the result to the public.
“The Commission shall post its digital files
in its website for the public to view or download
at any time of the day. The Commission shall
maintain the files for at least three years from the
date of posting.
SEC. 34. Sec. 26 of Republic Act No. 7166 is hereby
“SEC.26. OBcikl Watchers. - Every registered
political party or coalition of political parties, and
every candidate shall each be entitled to one watcher
in every polling place and canvassing center:
Provided, That, candidates for the Sangguniang
Panlalawigan, Sangguniang Panlungsod, or
Sangguniang Bayan belonging to the same slate or

46

ticket shall collectively be entitled to only one
watcher.
“The dominant majority party and dominant
minority party, which t h e Commission shall
determine in accordance with law, shall each be
entitled to one official watcher who shall be paid
a fixed per diem of Four hundred pesos (P400.00).
“There shall also be recognized six principal
watchers, representing the six accredited major
political parties excluding the dominant majority
and minority parties, who shall be designated by
the Commission upon nomination of the said
parties. These political parties shall be determined
by the Commission upon notice and hearing on the
basis of the following circumstances:

“(a) The established record of the said
parties, coalition of groups that now composed
them, taking into account, among other things,
their showing in past elections;

“(b) The number of incumbent elective
officials belonging to them ninety (90) days before
the date of election;
“(c) Their identifiable political organizations
and strengths as evidenced by their organized/
chapters;

“(d) The ability to fill a complete slate of
candidates from the municipal level to the position
of President; and
“(e) Other analogous circumstances that
may determine their relative organizations and
strengths.”

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

47

“SEC.206. Counting to be Public and without
Interruption. - A s soon as the voting is finished,
the board of election inspectors shall publicly count
in the polling place the votes cast and ascertain
the results. The Board may rearrange the physical
set up of the polling place for the counting or
perform any other activity with respect to the
transition from voting counting. However, it may
do so only in the presence of the watchers and
within close view of the public. At all times, the
ballot boxes and all election documents and
paraphernalia shall be within close view of the
watchers and the public.
“The board of election inspectors shall not
adjourn or postpone or delay the count until it has
been fully completed, unless otherwise ordered by
the Commission.
“The Commission, in the interest of free,
orderly, and honest elections, may authorize the
board of election inspectors to count the votes and
to accomplish the election returns and other forms
prescribed under this Code in any other place
within a public building in the same municipality
or city on account of imminent danger of
widespread violence or similar causes of
comparable magnitude: Provided, That the transfer
shall have been recommended in writing by the
board of election inspectors by unanimous vote and
endorsed in writing by the majority of watchers
present: Provided, further, That the said public
building shall not be located within the perimeter
of or inside a military or police camp, reservation,
headquarters, detachment or field office nor within
the premises of a prison or detention bureau or
any law enforcement or investigation agency.

“Any violatinn of this section, or its pertinent
portion, shall constitute an election offense and shall

48

be penalized in accordance with Batas Pambansa
Blg. 881."
repealed.
"SEC. 30. Congress as the National Board of
Canvassers for the Election of President and Ece
President: The Commission en banc as the
National Board of Canvassers for the election of
senators: Determination of Authenticity and Due
Execution of Certificates of Canvase. - Congress
and the Commission en banc shall determine the
authenticity and due execution of the certificate of
canvas for president a n d vice-president and
senators, respectively, a s accomplished and
transmitted to it by the local boards of canvassers,
on a showing that: (1) each certificate of canvass
was executed, signed and thumbmarked by the
chairman and members of the board of canvassers
and transmitted or caused to be transmitted to
Congress by them; (2) each certificate of canvass
contains the names of all of the candidates for
president and vice-president or senator, as the case
may be, and their corresponding votes i words n
and in figures; (3) there exits no discrepancy in
other authentic copies of the certificates of canvass
or in any of its supporting documents such as
statement of votes by city/municipality/by precinct
or discrepancy in the votes of any candidate in
words and figures in the certificate; and (4)there
exists no discrepancy in the votes of any candidate
in words and figures in the certificate of canvass
against the aggregate number of votes appearing
in the election returns of precincts covered by the
certificate of canvass: Provided, That certified print
copies of election returns or certificates of canvass
may be used for the purpose of verifying the
existence of the discrepancy.

49

“When the c e f i c a t e of canvass, duly certified
by the board of canvassers of each province, city of
district, appears to be incomplete, the Senate
President or the Chairman of the Commission, as
the case may be, shall require the board of
canvassers concerned to transmit by personal
delivery, the election returns from polling places that
were not included in the certificate of canvass and
supporting statements. Said election returns shall
be submitted by personal delivery within two (2)
days from receipt of notice.
“When it appears that any certificate of
canvass or supporting statement of votes by city/
municipality or by precinct bears erasures or
alterations which may cast doubt as to the veracity
of the number of votes stated herein ,and may
affect the result of the election, upon request of the
presidential, vice-presidential or senatorial
candidate concerned or his party, Congress or the
Commission en bane, ae the case may be, shall, for
the sole purpose of verifying the actual number of
votes cast for President and Vice-president or
senator, count the votes as they appear in the
copies of the election returns submitted to it.
“In case of any discrepancy, incompleteness,
erasure or alteration as mentioned above, the
procedure on pre-proclamation controversies shall
be adopted and applied as provided in Sections
17,18,19 and 20.
“Any person who presents in evidence a
simulated copy of an election return, certificate of
canvass or statement of votes, or a printed copy
of an election return, certificate of canvass or
statement of votes bearing a simulated certification
or a simulated image, shall be guilty of an election
offense and shall be penalized in accordance with
Batas Pambansa Blg. 881.”

“Sec. 15. Preproclamation Cases in Elections
for President, We-President, Senator, and Member
of the House o f Representatives. - For purposes of
the elections for president, vice-president, senator,
and member of the House of Representatives, no
pre-proclamation cases shall be allowed on matters
relating to the preparation, transmission, receipt,
custody and appreciation of election returns or the
certificates of canvass, as the case may be, except
as provided for in Section 30 hereof. However, this
does not preclude the authority of the appropriate
canvassing body motu propio or upon written
complaint of an interested person to correct
manifest errors in the certificate of canvass or
election returns before it.
“Questions affecting the composition or
proceedings of the board of canvassers may be
initiated i n the board or directly with the
Commission in accordance with Section 19 hereof.
“Any objection on the election returns before
the city or municipal board of canvassers, or on
the municipal certificates of canvass before the
provincial board of canvassers or district board of
canvassers in Metro Manila Area, shall be
specifically noticed in the minutes of their
respective proceedings.”
amended as follows:
“Sec. 28. Canvassing by Provincial City,
Diati-ict and Municipal Board of Canvassers. - a)
The city or municipal board of canvassers shall
canvass the election returns of President, Vice
President, Senator and Members of the House of
Representatives and for elective provincial and city
or municipal officials: Provided, That the returns
for national positions shall be canvassed first.
Upon completion of the canvass, it shall prepare

51

the certificate of canvass for president, vice-president,
senators a n d members of t h e House of
Representatives and elective provincial officials,
announce the results of the election for national
positions in t h e city or municipality, a n d
thereafter, proclaim the elected city or municipal
officials, as the case may be.
"b) The city board of canvassers of cities
comprising one or more legislative districts shall
canvass the election returns for president, vice-
Representatives and elective city officials: Provided,
That the returns for national positions shall be
canvassed first. Upon completion of the canvass,
the board shall prepare the certificate of canvass
of president, vice.president, and senators announce
the results of the election for national positions in
the city, and thereafter, proclaim the elected
members of the House of Representatives and city
Officials.
"c) (1) In the Metro Manila Area such
municipality comprising a legislative district shall
have district hoard of canvassers which shall
canvass the election returns for President, Vice
President, Senators, Members of the House of
Representatives and elective municipal officials:
Provided, That the returns for national positions
shall be canvassed fiist. Upon completion of the
canvass, it shall prepare the certi6cate of canvass
for president, vice-president a n d senators,
positions in the municipality, and thereafter,
proclaim the elected member of the House of
Representatives and municiqal officials.

"(2) Each component municipality in a
legislative district in the Metro Manila Area shall
have a municipal board of canvassers which shall
canvass the election returns for president, vice-
president, senators, member of the House of
Representatives and elective municipal officials:

52

Provided, That the returns for national positions
shall be canvassed first. Upon completion of the
canvass, each shall prepare the certificate of
canvass for president, vice-president, senators, and
members of the House of Representatives,
positions in the municipality, and thereafter,
proclaim the elected municipal officials,
“(3) The district board of canvassers of each
legislative district comprising two municipalities in
the Metro Manila Areas shall canvass t h e
certificate of canvass for President, Vice-president,
Senators a n d Members of the House of
Representatives submitted by the municipal board
of canvassers of the component municipalities.
Upon completion of the canvass, it shall prepare
a certificate of canvass for president, vice-president
and senators, announce the results of the election
for national positions in the district, and
thereafter, proclaim the elected member of the
House of Representatives in the legislative district,
“(d) The prbvincial board of canvassers shall
’

canvass the certificate of canvass for president,
vice-president, senators, and members of the House
of Representatives and elective provincial officials
as well as plebiscite results, if any plebiscite is
conducted simultaneously with the same election,
as submitted by the board of canvassers of
municipalities and component cities: Provided, That
the returns for national positions shall be
canvassed first. Upon completion of the canvass,
it shall prepare the certificate of canvass for
president, vice-president, and senators, announce
the results of the election for national positions in
the province, and thereafter, proclaim the elected
member of the House of Representatives and
provincial officials as well as the plebiscite results,
if any.
“In conducting the canvass of election returns
or certificates of canvass, as the case may be, the

53
board of canvassers i a municipality, city, district
n
or province shall project each election return or
certificate of canvass on a wall from which its
contents shall be read in order that those present
i the canvassing center may follow the progress
n
of the canvassing process from beginning to end.
The Commission may utilize the appropriate
projection equipment for this purpose.
”Immediately after the certificate of canvass
for national positions is accomplished, the
chairman of t h e Board o f Canvassers shall
announce the posting of the second copy thereof
and its supporting statement of votes on a wall
with sufficient lighting within the premises of the
canvassing center. He shall then proceed to do the
same in the presence of the other members of the
board, the watchers and those present in the
canvassing center. without delay a n d when
feasible, he shall capture images of the certificate
of canvass and supporting statement of votes using
a 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 then
authenticate each printed copy, in the presence of
watchers and within public view, by closely
comparing the same with the certificate of canvass
or statement of votes, as the case may be, posted
on the wall. if the board finds each printed copy
a faithful reproduction of the certificate of canvass
or statement of votes, all members thereof shall
annotate and sign a certification to that effect on
the bottom front of the printed copy.
“Each certified printed copy shall be placed
in an envelope and distributed as herein provided.
Designated recipients of the certified printed copies
may receive their copies at the canvassing center.
“The chajrman of the board shall transmit the
digital files of the certificate of canvass and its
supporting statement of votes using a secured

54

transmission device with authenticaCon features to
the secured tabulation system of the Commission
and to t h e systems of the other designated
recipients as herein provided.
“Any provision of law to t h e contrary
notwithstanding, any of the recipients of the print
or digital copies of the certificate of canvass and
the supporting statements of votes may conduct an
unofficial consolidation of votes and may announce
the result thereof to the public.
Pambansa Blg. 881.
“In addition, the following shall likewise be
guilty of an election offense:
“(a) Any person who removes the certificate
of canvass posted on the wall, whether within or
after the prescribed forty-eight (48) hours of
posting, or defaces the same in any manner;

“(b) Any person who simulates an actual
certificate of canvass or statement of votes, or a
print or digital copy thereof;
“(c) Any person who simulates t h e
certification of a certificate of canvass or statement
of votes;
“(d) The chairman or any member of the
board of canvassers who, during the prescribed
period of posting, removes the Certificate of canvass
or its supporting statement of votes from the wall
on which they have been posted other than for the
purpose of immediately transferring them to a
more suitable place;

“(e) The chairman or any member of the
board of canvassers who signs or authenticates a

55

print of the certificate of canvass or its supporting
statement of votes outside of the polling place; and

“(0 The chairman or any member of the
board of canvassers who signs or authenticates a
print which bears an image different from the
certificate of canvass or statement of votes
produced after counting and posted on the wall.”
“SEC.29. Number of Copies of Certificates
of Canvass and their Distribution. - a) The
certlficate of canvass for president, vice-president,
senators and members of t h e House of
Representatives and elective provincial officials
shall be prepared in seven copies by the city or
municipal board of canvassers and distributed as
follows:
provincial board of canvassers for use in the
canvass of election results for president, vice-
president, senators and members of the House of
Representatives and elective provincial of6cials;

“(2) The second copy shall he sent to the
Commission;
“(3) The third copy shall be posted on a
wall within the premises of the canvassing center;

“(4) The fourth copy shall he kept by the
Chairman of the Board; and

“(5) The fifth copy shall be given to the
conduct a media-based unofficial count, and the
sixth and seventh copies shall be given to the
representatives of two of the six major political
parties in accordance with the voluntary agreement
of the parties. If no such agreement is reached,

56

the Commission shall decide which parties shall
receive the copies of the certificate of canvass on
the basis of the criteria provided in Section 26
hereof. The parties receivmg the certificates shall
have the obligation to furnish the other parties
with authentic copies thereof with the least
possible delay.
“b) The certificate of canvass for president,
vicepresident, senators shall be prepared in seven
(7) copies by the city boards of canvassers of cities
comprising one or more legislative districts, by
provincial boards of canvassers and by district
boards of canvassers in the Metro Manila Area,
and distributed as follows:

“(1) The first copy shall be sent to the
Congress, directed to the President of the Senate
for use in the canvass of election results for
president and vice-president;

Commission for use in the canvass of the election
results for Senators;

“(3) The third copy shall be posted on a
wall within the premises of the canvassing center;

“ 4 The fourth copy shall be kept by the
()
Chairman of the Board; and

“(6) The fifth copy shall be given to the
conduct a media.based unofficial count, and the
sixth and seventh copies shall be given to the
representatives of two of the six major political
parties in accordance with the voluntary agreement
of the parties. If no such agreement is reached,
the Commission shall decide which parties shall
receive the copies of the certificate of canvass on
the basis of the criteria provided in Section 26
hereof. The parties receiving the certificates shall
have the obligation to furnish the other parties

57

with authentic copies thereof with the least possible
delay.
“The copy of the certificate of canvass posted
on the wall shall be open for public viewing at any
time of the day for fortyeight (48) hours following
its posting. Any person may view or capture an
image of the certificate of canvass. After the
prescribed period for posting, the chairman of the
board of canvassers shall collect the posted
certificate of canvass and keep the same in his
custody to be produced for image or data capturing
as may be requested by any voter or for any lawful
purpose as may be ordered by competent authority.
“Except for those copies that are required to
be delivered, copies of certificates of canvass may
be claimed a t the canvassing center. Any
unclaimed copy shall be deemed placed in the
custody of the chairman of the board of canvassers,
who shall produce them when requested by the
recipient or when ordered by a competent
authority.
“The thirty (30) certified print copies of the
certificate of canvass for national positions shall be
“(a) The first fourteen (14) copies shall be
given to the fourteen (14)accredited major national
“(b) The next three copies shall be given to
the three accredited major local parties in
Commission shall decide which parties shall receive
the copies on the basis of criteria analogous to that

58

“(c) The next five copies shall be given to
national broadcast or print media entities as may
be equitably determined by the Commission in
view of propagating the copies to the widest extent
possible;
.“(d) The next two copies shall be given to
local broadcast or print media entities as may be
equitably determined by the Cornmission in view
possible;
“(e) The next four copies to the major
citizens’ arms, including the accredited citizens’
a r m , a n d other non.partisan groups or
organizations enlisted by the Commission pursuant
to Section 52@) of Batas Pambansa Blg. 881; and
“(0 The last two copies to be kept in file
by the chairman of the board of canvassers to be
subsequently distributed as the national board of
canvassers may direct.
“The certified print copies may be claimed a t
the canvassing center. Any unclaimed copy shall
be deemed placed in the custody of the chairman
of the board of canvassers, who shall produce them
when requested by the recipient or when ordered
by a competent authority.
“The Commission shall post its digital files
in its website for the public to view or download
a t any time of the day. The Commission shall
maintain the files for at least three years from the
date of posting.
”Any violation of this section, or ita pertinent

59

SEC, 41. The first paragraph of Sec. 52 of Batas
Pambans’a Blg. 881 is hereby amended to read as follows:
“SEC. 52. Powers and Functions of the
Commission on Elections. - In addition to the
powers and functions conferred upon it by the
Constitution, the Commission shall have exclusive
charge of the enforcement and administration of all
laws relative to the conduct of elections for the
purpose of ensuring free, orderly and honest
elections, except as otherwise provided herein and
shall:”
SEC. 42. Section 27 @) of Republic Act No. 6646 is
“ S E C . 27. Election Offenses; Electoral
Sabotage. - In addition to the prohibited acts and
election offenses enumerated in Sections 261 and
262 of Batas Pambansa Elg. 881, as amended, the
following shall be guilty of an election offense or
a special election offense to be known as electoral
sabotage:
“(a) x x x
“6) Any person or member of the board of
election inspectors or board of canvassers who
tampers, increases or decreases the votes received
by a candidate in any election or any member of
the board who refuses, after proper verification
and hearing, to credit the correct votes or deduct
such tampered votes: Provided, however, That
when the tampering, increase or decrease of votes
or the refusal to credit the correct votes andfor to
deduct tampered votes are perpetrated on a large
scale or in substantial numbers, the same shall be
considered, not as an ordinary election offense
under Sections 261 and/or 262 of the omnibus
election code, but a special election offense to be
known as electoral sabotage and the penalty to be
imposed shall be life imprisonment.

60
“The act or offense committed shall fall under
the category of electoral sabotage in any of the
following instances;
“(1).When the tampering, increase and/or
decrease of votes perpetrated or the refusal to
credit the correct votes or to deduct tampered
votes, %/are committed in the election of a national
elective office which is voted upon nationwide and
the tampering, increase and/or decrease votes,
refusal to credit the correct votes or to deduct
tampered votes, shall adversely affect the results
of the election to the said national office to the
extent that losing candidatek islare made t o
appear the winneds;
“(2) Regardless of the elective office involved,
when the tampering, increase andlor decrease of
votes committed or the refusal to credit the correct
votes or to dedrict tampered votes perpetrated, is
accomplished in a single election document or in
the transposition of the figureslresults from one
election document t.0 another and involved in the
said tampering increase and/or decrease or refusal
to credit correct votes or deduct tampered votes
exceed five thousand (5,000) votes, and that the
same adversely affects the true results of the
election;
“(3) Any and all other forms or tampering
increasek and/or decrease/s of votes perpetuated or
in cases of refusal to credit the correct votes or
deduct the tampered votes, where the total votes
involved exceed ten’ thousand (10,000) votes:
‘Provided h a . & That any and all either
persons or individuals determined to be in
conspiracy or in connivance with the members of
the BEIs or BOCs involved, shall be meted the
same penalty of life imprisonment.”
SEC. 43. Section 265 of Batas Pambansa Blg. 881 is

61

-
"SEC. 265. Prosecutio~~. The Commission
shall, through its duly authorized legal officers,
have the power, concurrent with the other
prosecuting arms of the government, to conduct
preliminary investigation of all election offenses
punishable under this Code, and to prosecute the
same."
SEC. 44. &propriatiom, - To carry out the provisions
of this Act, the amount necessary for the automated system
shall be charged against the Two billion six hundred million
pesos (€?2,600,000,000.00) modernization fund in the current
year's appropriations of the Commission. Further, the amount
necessary to carry out the manual system,, at a maximum
of Three billion pesos (P3,000,000,008), shall be charged
against the current year's appropriation of the Commi~sion.
Thereafter, such sums as may be necessary for the
continuous implementation of this Act shall be included in
the annual General Appropriations Act.
If the said funds shall not be fully utilized, the same
shall continue to be appropriated for the electoral
modernization as set forth in this Act and shall not revert
to the General Fund.
SEC. 45. Separability Clause. - If, for any reason, any
section or provision of this Act or any part thereof, or the
application of such section, provision or portion is declared
invalid or unconstitutional, the remainder thereof shall not
be affected by such declaration.
SEC. 46. Repealing Clause. - All laws, presidential
decrees, executive orders, rules and regulations or parts
thereof inconsistent with the provisions of this Act are
hereby repealed or modified accordingly.

SEC. 47. Effectivity. - This Act shall take effect fifteen
(15) days after its publication in a newspaper of general
circulation.

62

Approved,

Speaker o the Hou
f P [e

This Act which is a consolidation of Senate Bill No. 2251
and House Bill No. 5352 was finally passed by the Senate
and the House of Representatives on December 7, 2006 and
December 19,2006,respectively.

Approved: 'JAN 2 3 2007

'9
G L O MFA C ~ A G -ARROYO
resident of the Phi ippines

RA No. 9369

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