Thirteenth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fourth day of July,
two thousand six.
REPUBLIC ACT No. 9369 January 23, 2007
Amending RA 8436

AN ACT AMENDING REPUBLIC ACT NO. 8436, ENTITLED "AN ACT

AUTHORIZING THE COMMISSION ON ELECTIONS TO USE AN AUTO-
MATED ELECTION SYSTEM IN THE MAY 11, 1998 NATIONAL OR LO-
CAL ELECTIONS AND IN SUBSEQUENT NATIONAL AND LOCAL
ELECTORAL EXERCISES, TO ENCOURAGE TRANSPARENCY, CRED-
IBILITY, FAIRNESS AND ACCURACY OF ELECTIONS, AMENDING
FOR THE PURPOSE BATAS PAMPANSA BLG. 881, AS AMEMDED,
REPUBLIC ACT NO. 7166 AND OTHER RELATED ELECTIONS LAWS,
PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES"

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 1.Declation of Policy. - It is policy of the State to ensure free, or-

derly, honest, peaceful, credible and informed elections, plebiscites, refer-
enda, recall and other similar electoral exercises by improving on the elec-
tion process and adopting systems, which shall involved the use of an auto-
mated election system that will ensure the secrecy and sanctity of the ballot
and all election, consolidation and transmission documents on order that
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 pre-
scribe 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 amended to read as

follows:

"SEC. 2. Definition of Terms. - As used in this Act, the following terms shall
mean:
"1. Automated election system, hereinafter to as AES - a system using ap-
propriate technology which has been demonstrated in the voting, counting,
consolidating, canvassing, and transmission of election result, and other
electoral process;
"2. Electronic transmission - conveying data in electronic form from one lo-
cation to other;
"3. Official ballot - where AES is utilized, refers to the paper ballot, whether
printed or generated by the technology applied, that faithfully captures or
represents the votes cast by a voter recorded or to be recorded in elec-
tronic form;
"4. Election returns - a document in electronic and printed form directly pro-
duced 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 can-
didates in each precinct in a city/municipality;
"6. City/municipal/district/provincial certificate of canvass - a document in
electronic and printed form containing the total votes in figures obtained by
each candidate in a city/municipality/district/province as the case may be.
The electronic certificates of canvass shall be the official canvass result in
the aforementioned jurisdictions;
"7. Paper-based election system - a type of automated election system that
use paper ballots, records and counts votes, tabulates, consolidates/can-
vasses and transmits electronically the results of the vote count;"
"8. Direct recording electronic election system - a type or automated elec-
tion system that uses electronic ballots, records, votes by means of a ballot
display provided with mechanical or electro-optical component that can be
activated by the voter, processes data by means of a computer programs,
record voting data and ballot images, and transmits voting results electroni-
cally;
"9. Counting center - a public places within the city/municipality or in such
other places as may be designated by the Commission where the official
ballots cast in various precincts of the city/municipality shall be counted.
Polling places or voting centers may also be designated as counting cen-
ters;
"10. Continuity plan - a list of contingency measures, and the policies for
activation of such, that are put in place to ensure continuous operation of
the AES;
"11. Disabled voters - a person with impaired capacity to use the AES;
"12. Source code - human readable instructions that define what the com-
puter equipment will do; and
"13. Station- refers to a polling place, counting center, municipal or provin-
cial canvassing center."
SEC. 3. Section 3 of Republic Act No. 8436 is hereby amended to read as
follows:
"SEC 3. Board of Election Inspectors. - Where AES shall be adopted, at
least one member of the Board of Election Inspectors shall be an informa-
tion technology-capable person, who is trained or certified by the DOST to
use the EAS. Such certification shall be issued by the DOST, free of
charge."
SEC. 4. Section 4 of Republic Act No. 8436 is hereby deleted. The suc-
ceeding section are hereby renumbered accordingly.
SEC. 5. Section 5 of Republic Act No. 8436 is hereby amended to read as
follows:
"SEC. 4 Information Technology Support for the Board of Canvassers. - To
implement the AES, each board of canvassers shall be assisted by an in-
formation technology-capable person authorized to operate the equipment
adopted for the elections. The Commission shall deputized 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 mem-
bers of the board of canvassers."
SEC. 6. Section 6 of Republic Act No. 8436 is hereby amended to read as
follows:
"SEC. 5 Authority to Use an Automated Election System. - To carry out the
above-stated policy, the Commission on Elections, herein referred to as the
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 as 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 election, which shall be held immediately
after effectivity of this Act, the AES shall be used in at least two highly ur-
banized 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) month prior to the May 14, 2007 election shall not be chosen:
Provided, finally, That no area shall be chosen without the consent of the
Sanggunian of the local government unit concerned. The term local govern-
ment unit as used in this provision shall refer to a highly urbanized city or
province. In succeeding regular national or local elections, the AES shall be
implemented nationwide."
SEC. 7. Section 7 of Republic Act No. 8436 is hereby amended to read the
follows:
"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;
(f) System auditability which provides supporting documentation for verify-
ing 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 dis-
play election result in the shortest time possible;
(h) Accessibility to illiterates and disable voters;
(i) Vote tabulating program for election, referendum or plebiscite;
(j) 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 the voter a system of verification to find out whether or not the
machine has registered his choice; and
(o) Configure access control for sensitive system data and function.
"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 as-
sistance of an advisory council."
SEC.8. A new Section 7 is hereby provided to read as follows:
"SEC.7 Communication Channels for Electronic Transmissions. - all elec-
tronic transmissions by and among the EAS and its related components
shall utilizes secure communication channels as recommended by the Ad-
visory Council, to ensure authentication and integrity of transmission."
SEC. 9. New section 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 be convened not
later than eighteen (18) months prior to the next schedule electoral exer-
cise, and deactivated six months after completion of canvassing: Provided,
for purposes of the 2007 elections, the Advisory Council shall be immedi-
ately 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 pro-
bity;
"(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 se-
lected by the chair of the Advisory Council from among the list of nominees
submitted by Philippines-based ICT professional organization. Nominees
shall be individuals, at least one of whom shall be experience in managing
or implementing large-scale IT projects.
"(f) Two members representing nongovernmental electoral reform organiza-
tions, to be selected by the chair of the Advisory Council from among the
list of nominees submitted by the country's nongovernmental electoral re-
form organizations.
"A person who is affiliated with any political party or candidate for any na-
tional position, or is related to a candidate for any national position by affin-
ity or consanguinity within the fourth civil degree, shall not be eligible for
appointment or designation to the Advisory Council. Should any such situa-
tion 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
indirectly, 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 the two immediate preceding paragraphs shall disqualify
said member from the Advisory Council and shall be punishable as pro-
vided 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 per-
son who are known independence, competence and probity, are nonparti-
san, and do not posses any of the disqualifications applicable to a member
of the Advisory Council as provided herein. The resource persons shall
also be subject to 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".
"SEC. 9. Function of the Advisory Council. - the Council shall have the fol-
lowing functions:
1. Recommend the most appropriate, secure, applicable and cost-effective
technology to be applied in the AES, in whole or in part, at that specific
form 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 Professionals organizations are hereby ex-
cluded from participating in any manner in the Bids and Awards Committee.
3. Participate as nonvoting members of the steering committee tasked with
the implementation of the AES, Members of the Advisory Council repre-
senting the ICT professional organization are hereby excluded from partici-
pating in any manner in the steering committee.
4. Provide advice and assistance in the review of the systems planning, in-
ception, development, testing, operationalization, and evaluation stages.
5. Provided advice and/or assistance in the identification, assessment and
resolution of systems problems or inadequacies as may surface or resur-
face 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. Provided 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 au-
thority 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 ser-
vices rendered chargeable against the budget of the Commission."
"SEC. 10. The Technical Evaluation Committee. - The Commission, in col-
laboration with the chairman of the Advisory Council, shall establish an in-
dependent technical evaluation committee, herein known as the Commit-
tee, composed of a representative each from the Commission, the Com-
mission on Information and Communications Technology and the Depart-
ment of Science and Technology who shall act as chairman of the Commit-
tee.
"The Committee shall be immediately convened within ten (10) days after
the effectively of this Act."
"SEC. 11. Functions of the Technical Evaluation Committee. - The Commit-
tee shall certify, through an established international certification entity to
be chosen by the Commission from the recommendations of the Advisory
Council, not later than three months before the date of the electoral exer-
cises, categorically stating that the AES, including its hardware and soft-
ware components, is operating properly, securely, and accurately, in accor-
dance with the provisions of 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, functionally and se-
curity 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
Sentral ng Pilipinas;
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 at 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 reason in writing, to the Over-
sight 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 service of resource
persons who are of known independence, competence and probity, are no
partisan, and who do not possess any of the disqualification applicable to a
member of the Advisory Council as provided herein. The resource persons
shall also be subject to the same prohibitions and penalties as the mem-
bers 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
and agreement of the project deliverables and timelines, and in the formu-
lation of the acceptance criteria for each deliverable."
SEC. 10. Section 8 of Republic Act No. 8436 is hereby amended to read as
follow:
"SEC.12. Procurement of Equipment and Materials. - To achieve the pur-
pose of this Act, the Commission in authorized to procure, in accordance
with existing laws, by purchase, lease, rent or other forms of acquisition,
supplies, equipment, materials, software, facilities, and other service, from
local or foreign sources free from taxes and import duties, subject to ac-
counting and auditing rules and regulation. With respect to the May 10,
2010 election and succeeding electoral exercises, the system procured
must have demonstrated capability and been successfully used in a prior
electoral exercise here or board. 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 equip-
ment supplier, the cost to the government of its deployment and implemen-
tation 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."
SEC. 11. Section 9 of Republic Act No. 8436 is hereby amended to read as
follow:
"SEC.13. Continuity Plan. - The AES shall be so designed to include a con-
tinuity 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 citi-
zen's arm of the Commission who shall be notified by the election officer of
such activation.
"All political parties and party-lists shall be furnished copies of said continu-
ity plan at their official addresses as submitted to the Commission. The list
shall be published in at least two newspaper of national of circulation and
shall be posted at the website of the Commission at least fifteen (15) days
prior to the electoral activity concerned."
SEC. 12. Section 10 of Republic Act No. 8436 is hereby amended to read
as follows:
"SEC.14. Examination and Testing of Equipment or Device of 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 start. Test ballots and test forms
shall be provided by the Commission.
"Immediately after the examination and testing of the equipment or device,
parties and candidates or their representatives, citizen's arms or their rep-
resentatives, may submit a written comment to the election officer who
shall immediately transmit it to the Commission for appropriate action.
"The election officer shall keep minutes of the testing, a copy of which shall
be submitted to the Commission together with the minute 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 re-
view thereof."
SEC. 13. Section 11 of republic Act No. 8436 is hereby amended to read
as follows:
"SEC.15. Official Ballot. - 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 position to be filled and/or the proposition to be
voted upon in an initiative, referendum or plebiscite. Where practicable,
electronic displays must be constructed to present the names of all candi-
dates for the same position in the same page or screen, otherwise, the
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 filled, the names of
candidates shall be arranged alphabetically by surname and uniformly indi-
cated 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 vote upon, the choices should be uniformly indicated us-
ing the same font and size.
"A fixed space where the chairman of the board of election inspector shall
affix her/her signature to authenticate the official ballot shall be provided.
"For this purpose, the Commission shall set the deadline for the filing of
certificate of candidacy/petition of registration/manifestation to participate in
the election. Any person who files his certificate of candidacy within this pe-
riod shall only be considered as a candidate at the start of the campaign
period for which he filed his certificate of candidacy: Provided, That, unlaw-
ful acts or omissions applicable to a candidate shall effect only upon that
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 factor resigned from his/
her office and must vacate the same at the start of the day of the filing of
his/her certification of candidacy.
"Political parties may hold political conventions to nominate their official
candidate within thirty (30) days before the start of the period for filing cer-
tificate of candidacy.
"With respect to a paper-based election system, the official ballots shall be
printed by the National Printing Office and/or the Bangko Sentral ng Pilip-
inas at the price comparable with that of private printers under proper secu-
rity measures which the Commission shall adopt. The Commission may
contact the services of private printers upon certification by the National
Printing Office/Bangko Sentral ng Pilipinas that it cannot meet the printing
requirements. Accredited political parties and deputized citizen's arms of
the Commission shall assign watchers in the printing, storage and distribu-
tion 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 limited to, bar
codes, holograms, color shifting ink, microprinting, are provided on the bal-
lot.
"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 addi-
tional three ballots per precinct."
SEC. 14. Section 13 of republic Act No. 8436 is hereby amended to read
as follows:
"SEC. 17. Ballot box. - Where applicable, 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 to accommodate the official ballots."
SEC. 15. Section 14 of Republic Act No. 8436 is hereby amended to read
as follows:
"SEC. 18. Procedure in voting. - The Commission shall prescribe the man-
ner 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. 16. Section 15 of Republic Act No. 8436 is hereby amended to read
as follows:
"SEC. 19. Closing of polls.- The Commission shall prescribe the time, man-
ner and procedure of closing the polls and the steps for the correct report-
ing of votes cast and the proper conduct of counting for areas covered by
the AES."
SEC. 17. Section 16 of Republic Act No. 8436 is hereby amended to read
as follows:
"SEC. 20. Notice of Designation of Counting Centers. - The election officer
shall post prominently in his/her office, in the bulletin boards at the city/mu-
nicipal hall and in three other conspicuous places in the city/municipality,
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 can-
didates within the same period. The election officer shall post in the Com-
mission website concerned the said notice and publish the notice in the lo-
cal newspaper. Where the polling place or voting center is also the desig-
nated counting center, such information shall be contained in the notice.
"The Commission may not designate as counting center any building or fa-
cility located within the premises of a camp, reservation compound, head-
quarters, detachment, or field office of the military, police, prison or deten-
tion bureau, or any law enforcement or investigation agency."
SEC. 18. Section 17 of Republic Act No. 8436 is hereby amended to read
as follows:
"SEC. 21. Counting procedure. - The Commission shall prescribe the man-
ner and procedure of counting the votes under the automated system: Pro-
vided, that apart from the electronically stored result, thirty (30) copies of
the election return are printed."
SEC. 19. Section 18 of Republic Act No. 8436 is hereby amended to read
as follows:
"SEC. 22. Electronic Returns. - Each copy of the of the printed election re-
turns shall bear appropriate control marks to determine the time and place
of printing. Each copy shall be signed and thumbmarked by all the mem-
bers of the board of election inspectors and the watchers present. If any
member of the board of election inspectors present refuses to sign, the
chairman of the board shall note the same copy 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 boards shall then
publicly read and announce the total numbers of registered voters, the total
number of voters who actually voted and the total numbers of votes ob-
tained 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 sys-
tem;
1) The first copy shall be delivered to the city or municipal board of can-
vassers;
2) The second copy, to the congress, directed to the President of the Sen-
ate;
3) The third copy, to the commission;
4) The fourth copy, to the citizen's arm authorized by the Commission to
conduct an unofficial count
5) The fifth copy, to the dominant majority party as determined by the Com-
mission in accordance with law;
6) The six copy, to the dominant minority party as determined by the Com-
mission in accordance with law; and
7) The seventh copy shall be deposited inside the compartment of the bal-
lot box for valid ballots.
8) The eight copy to the Provincial Board of canvassers;
9) The ninth to the eighteenth copies, shall be given to the ten (10) accred-
ited 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 re-
ceive the copies on the basis of the criteria provided in Section 26 of Re-
public Act No. 7166;
10) The nineteenth and twentieth copies, to the two accredited major local
parties in accordance with a voluntary agreement among them. If no such
agreement is reached, the commission shall decide which parties shall re-
ceive the copies on the basis of criteria analogous to that provided in Sec-
tion 26 of Republic Act No. 7166;
11) The twenty-first to the twenty-fourth copies, to national broadcast or
print media entities as may be equitably determined by the Commission in
view of propagating the copies to the widest extent possible;
12) The twenty-fifth and twenty-six 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 citizen's arms,
including the accredited citizen's arm, and other non-partisan groups or or-
ganization enlisted by the Commission pursuant to Section 52(k) of Batas
Pambansa Blg. 881. Such citizens' arm, groups and organization 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 officials and members of the House of Represen-
tatives:
1) The First copy shall be delivered to the city or municipal board of can-
vassers;
2) The second copy, to the Commission;
3) The third copy, to the provincial board of canvassers;
4) The fourth copy, to the citizens' arm authorized by the Commission to
conduct an unofficial count;
5) The fifth copy, to the dominant majority party as determined by the Com-
mission in accordance with law;
6) The sixth copy, to the dominant minority party as determined by the
Commission in accordance with law; and
7) The seventh copy shall be deposited inside the copy shall deposited in-
side the compartment of the ballot box for valid ballots.
8) The eight copy to be posted conspicuously on a wall within the premises
of the polling place or counting center;
9) The ninth to the eighteenth copies, shall be given to the ten (10) accred-
ited 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 re-
ceive the copies on the basis of the criteria provided in Section 26 of Re-
public Act No. 7166;
10) The nineteenth and twentieth copies shall be given to the two accred-
ited major local 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 criteria analogous to that
provided in Section 26 of republic Act No. 7166;
11) The twenty-first to the twenty-fifth copies, to national broadcast or print
media entities as may be equitably determined by the Commission in view
of propagating the copies to the widest extent possible;
12) The twenty-sixth and twenty-seventh 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-eighth to the thirtieth copies to the major citizens' arms, in-
cluding the accredited citizens' arm, and other non-partisan groups or orga-
nization enlisted by the Commission pursuant to section 52(k) of Batas
Pambansa Blg. 881. Such citizens' arms, groups and organization 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 eight 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 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 Commis-
sion shall, in the presence of watchers and representatives of the accred-
ited citizens' arm, political parties/candidates, 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 to
the Kapisanan ng mga Brodcaster ng Pilipinas (KBP).
"The election results at the city/municipality canvassing centers shall be
transmitted in the same manner by the election officer or any official autho-
rized 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 results have been transmitted additional copies not to
exceed thirty (30) may be printed and given to requesting parties at their
own expense."
SEC. 20. Section 21 of Republic Act No. 8436 is hereby amended to read
as follows:
"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, organization
or coalitions participating under the party-list system by consolidating the
electronically transmitted 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 pro-
vincial officials and thereafter, proclaim the elected city or municipal offi-
cials, as the case may be.
"The city board of canvassers of cities comprising one or more legislative
districts shall canvass the votes for president, vice-president, senators,
members of the House Representatives and elective city officials by con-
solidating the certificates of canvass electronically transmitted or the results
contained in the data storage devices used in the printing of the election re-
turns. Upon completion of the canvass, the board shall procedure the can-
vass of votes for president, vice-president, and senators thereafter, pro-
claim the elected members of the House of Representatives and city offi-
cials.
"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 Representa-
tives 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-presi-
dent, and senators and thereafter, proclaim the elected members of the
House Representatives and municipal officials.
"Each component municipality in a legislative district in the Metro Manila
area shall have a municipal board of canvassers which shall canvass the
votes for president, vice-president, senators, members of the house of
Representatives and elective municipal officials by consolidating the results
electronically transmitted from the counting centers or the results contained
in the data storage devices used in the printing of the election returns.
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 presi-
dent, vice-president, senators and members of the House of Representa-
tives 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 the canvass votes for president, vice-president, senators
and thereafter, proclaim the elected members of the House of Representa-
tives in the legislative district.
"The district/provincial board of canvassers shall canvass the votes for
president, vice-president, senators, members of the House of Representa-
tives and elective provincial officials by consolidating the results electroni-
cally transmitted from the city/municipal consolidating centers or the results
contained in the data storage devices submitted by the board of can-
vassers of the municipalities and component cities. Upon completion of the
canvass, it shall produce the certificates of canvass votes for president,
vice-president and senators and thereafter, proclaim the elected members
of the House of Representatives and the provincial official.
"The municipal, city, district and provincial certificates of canvass of votes
shall each be supported by a statement of votes.
"Within one hour after the canvassing, the Chairman of the district or pro-
vincial Board of Canvassers or the city board of canvassers of those cities
which comprise one or more legislative districts shall electronically transmit
the certificate of canvass to the commission sitting as the national board of
canvassers for senators and party-list representatives and to the Congress
as the National Board of Canvassers for the president and vice president,
directed to the President of the Senate.
"The Commission shall adopt adequate and effective measures to preserve
the integrity of the certificates of canvass transmitted electronically and the
results in the storage devices at the various levels of the boards of can-
vassers.
"The certificates of canvass transmitted electronically and digitally signed
shall be considered as official election results and shall be used as the ba-
sis for the proclamation of a winning candidate."
SEC. 21. Section 22 of Republic Act No. 8436 is hereby amended to read
as follows:
"SEC. 26. Number of Copies of Certificates of Canvass of Votes and their
distribution. - (a) The certificate of canvass of votes for president, vice-pres-
ident, senators, members of the House of Representatives, parties, organi-
zation or coalitions participating under the party-list system and elective
provincial officials shall be produced by the city or municipal board of can-
vassers and distributed as follows:
"(1) The first copy shall be delivered to the provincial board of canvassers
for use in the canvass of election results for president, vice-president, sen-
ators, members of the House of Representatives, parties, organization or
coalitions participating under the party-list system and elective provincial of-
ficials;
"(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 citizen arm designated by the
Commission to conduct an unofficial count. It shall be the duty of the citi-
zens' arm to furnish independent candidates' copies of the certificate of
canvass at the expense of the requesting party.
"(5) The fifth copy to Congress, directed to the President of Senate;
"(6) The sixth copy to be posted on a wall within the premises of the can-
vassing 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 par-
ties, in accordance with a voluntary agreement among them. If no such
agreement is reached, the Commission shall decide which parties shall re-
ceive the copies on the basis of the criteria provided in Section 26 of Re-
public Act no. 7166;
"(9) The nineteenth and twentieth copies shall be given to the two accred-
ited major local 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 criteria analogous to that
provided in Section 26 of Republic Act No. 7166;
"(10) The twenty-first to the twenty-fifth copies to national broadcast or print
media entities as may be equitably determined by the Commission in view
of propagating the copies to the widest extent possible;
"(11) The twenty-six and twenty-seven 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
"(12) The twenty-eighth to the thirtieth copies, to the major citizens' arms,
including the accredited citizens' arm, and other non-partisan groups or or-
ganizations enlisted by the commission pursuant to Section 52(k) of Batas
Pambansa Blg. 881. Such citizens' arms, groups and organization may use
the three certified copies of election returns 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.
"(b) The certificate of canvass of votes for president, vice-president and
senators, parties, organization or coalitions participating under the party-list
system shall be produced by the city boards of canvassers of cities com-
prising one or more legislative districts, by provincial boards of canvassers
and by district boards of canvassers in the Metro Manila area, and other
highly urbanized areas and distributed as follows:
"(1) The first copy shall be sent to congress , directed to the president of
the Senate for use in the canvass of election results for president and vice-
president;
"(2) The second copy shall be sent to the Commission for use in the can-
vass of the election results for senators;
"(3) The third copy shall be kept the chairman of the board; and
"(4) The fourth copy shall be given to the citizens' arm designated by the
Commission to conduct an unofficial count. It shall be the duty of the citi-
zens' arm to furnish independent candidates copies of the certificate of can-
vass at the expense of the requesting party.
"(5) The fifth copy to Congress, directed to the President of the Senate;
"(6) The six copy to be posted on a wall within the premises of the canvass-
ing center;
"(7) The seventh and eight copies to the dominant majority and minority
parties;
"(8) The ninth and tenth copies to two accredited major national parties rep-
resenting the majority and minority, excluding the dominant majority and
minority parties, to be determined by the Commission on the basis of the
criteria provided in Section 26 of Republic Act No. 7166;
"(9) The eleventh to thirteenth copies to 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 group or organization enlisted by the Commission
pursuant to Section 52(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 mu-
nicipal boards of canvassers shall be signed and thumb marked by the
chairman and members of the board and the principal watchers, if avail-
able. Thereafter, it shall be sealed and placed inside an envelope which
shall likewise be properly sealed.
"In all instances, where the board of Canvassers has the duty to furnish
registered political parties with copies of the certificate of canvass, the per-
tinent election returns shall be attached thereto, where appropriate."
"Immediately after the six copy and its supporting statement of votes are
printed, the chairman of the board of canvassers shall announce the post-
ing 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 the Certificate of Canvass or the support-
ing statement of votes by means of any data capturing device such as, but
not limited to, cameras at any time of the day for forty-eight (48) hours fol-
lowing the posting. After such period, the chairman of the board of can-
vassers shall detach the election return from the wall and keep the same in
his custody to be produced as may be requested by any voter for image or
data capturing or for any lawful purpose as may be ordered by competent
authority."
SEC. 22. Section 23 of Republic Act No. 8436 is hereby amended to read
as follows:
"SEC. 27. National Board of Canvassers for Senators and Party-List Rep-
resentatives. - The chairman and members of the Commission on Election
sitting en banc, shall compose the national board of canvassers for sena-
tors and party-list representatives. It shall canvass the results by consoli-
dating the certificates of canvass electronically transmitted. Thereafter, the
national board shall proclaim the winning candidates for senators and
party-list representatives."
SEC. 23. Section 24 of Republic Act No. 8436 is hereby amended to read
as follows:
"SEC. 28. Congress as the National Board of Canvassers for President
and Vice-President. - The Senate and the House of Representatives in joint
public session shall compose the national board of canvassers for presi-
dent 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 the Senate and the House of
representatives in joint public session and the Congress upon determina-
tion of the authenticity and the due execution thereof in the manner pro-
vided by law, canvass all the results for president and vice-president and
thereafter, proclaim the winning candidates."
SEC. 24. A new Section 29 is hereby provided to reads as follows:
"SEC 29. Random Manual Audit. - Where the AES is used, there shall be a
random manual audit in one precinct per congressional district randomly
chosen by the Commission in each province and city. Any difference be-
tween 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 30 is hereby provided to read as follows:
"Sec. 30. Authentication of Electronically Transmitted Election Results. -
The manner of determining the authenticity and due execution of the certifi-
cates shall conform with the provisions of Republic Act No. 7166 as may be
supplement or modified by the provision of this Act, where applicable, by
appropriate authentication and certification procedures for electronic signa-
tures as provided in Republic Act No. 8792 as well as the rules promul-
gated by the Supreme Court pursuant thereto."
SEC. 26. Section 25 of Republic Act No. 8436 is hereby amended to reads
as follows:
"SEC. 31. Stakeholder education and training. - The Commission shall, not
later than six months before the actual automated election exercise, under-
take a widespread stakeholder education and training program, through
newspaper 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:
1. General public/voters;
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 (provincial, municipal, barangay levels);
5. Incumbent elected officials in the 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 the capability to
use the automated system to cast their vote, as well as general apprecia-
tion of the AES. All other stakeholders mentioned above will receive addi-
tional information in order to build a deeper understanding of the voting,
counting, canvassing procedures, so that they may act as advocates of he
AES.
"The Commission together with and in support of accredited citizens' arms
shall carry out a continuing and systematic campaign through newspaper of
general circulation, radio and other media forms, as well as through semi-
nars, symposia, fora and other nontraditional means to educate the public
and fully inform the electorate about the AES and inculcate values on hon-
est, peaceful and orderly election."
SEC. 27. Section 27 of Republic Act No. 8436 is hereby amended to read
as follows:
SEC. 33. Joint Congressional Oversight Committee. - An Oversight Com-
mittee is hereby created composed of seven members each from the Sen-
ate and the House of Representatives, four of whom shall come from the
majority and three from the minority, to monitor and evaluate the implemen-
tation of this Act. A written report to the Senate and the House of Repre-
sentatives shall be submitted by the Advisory Council within six months
from the date of election. The oversight committee shall conduct a manda-
tory 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 imple-
mented and shall make appropriate recommendations to Congress, in ses-
sion assembled, specifically including the following:
1. An assessment and comparison of each of the AES technologies uti-
lized, including their strengths, weakness, applicability or inapplicability in
specific areas and situations;
2. An evaluation of their accuracy through a comparison of a random sam-
ple of the AES election results with a manual tabulation, and the conduct of
similar tests;
3. As to the scope of AES implementation in the subsequent elections, pro-
vide 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 others areas;
"b. An increase or enlargement of areas for 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:
a) A particular AES technology should no longer be utilized for being obso-
lete, 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 election to make it more functional, appropriate and
accurate;
c) A particular AES technology is already appropriate and should be utilized
fully for subsequent election; or
d) The testing or adoption of new technologies which may have emerged
after the 2007 elections is needed."
SEC. 28. Section 29 of Republic Act No. 8436 is hereby amended to read
as follows:
"SEC. 35. Prohibited Acts and Penalties. - The following shall be penalized
as provided in this Act, whether or not said acts affect the electoral process
or results:
"(a) Utilizing without authorization, tampering with, damaging, destroying or
stealing:
"(1) Official ballots, election returns, and certificates of canvass of votes
used in the system; and
"(2) Electronic devices or their components, peripherals or supplies used in
the AES such as counting machine, memory pack/diskette, memory pack
receiver and computer set;
"(b) Interfering with, impeding, absconding for purpose of gain, preventing
the installation or use of computer counting devices and the processing,
storage, generation and transmission of election results, data or informa-
tion;
"(c) Gaining or causing access to using, altering, destroying or disclosing
any computer data, program, system software, network, or any computer-
related devices, facilities, hardware or equipment, whether classified or de-
classified;
"(d) Refusal of the citizens' arm to present for perusal its copy of election
return to the board of canvassers;
"(e) Presentation by the citizens' arm of tampered or spurious election re-
turns;
"(f) Refusal or failure to provide the dominant majority and dominant minor-
ity parties or the citizens'' arm their copy of election returns; and
"(g) The failure to post the voters' 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 to hold public office and deprivation of the
right of suffrage. Moreover, the offender shall be perpetually disqualified to
hold any non-elective public office."
SEC. 29. Section 30 of Republic Act No. 8436 is hereby amended to read
as follows:
"SEC. 36. Applicability. - The provision of Batas Pambansa Blg. 881, as
amended, otherwise known as the 'Omnibus Election Code of the Philip-
pines', and other election laws not inconsistent with this Act shall apply."
SEC. 30. Section 31 of Republic Act No. 8436 is hereby amended to read
as follows:
"SEC. 37. Rules and Regulations. - The Commission shall promulgate rules
and regulation for the implementation and enforcement of this Act.
"Notwithstanding the foregoing canvassing procedure, the 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 perti-
nent laws."
SEC. 31. Section 25 of Republic Act No. 7166 is hereby amended to read
as follows:
"Sec 25. Manner of Counting Votes. - In addition to the 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 ready by the chairman, of the election return and
the tally board being simultaneously accomplished by the, poll clerk and the
third member respectively, without touching any of these election docu-
ments. The table shall be cleared of all unnecessary writing paraphernalia.
Any violation of this requirement shall constitute an election offense punish-
able under Section 263 and 264 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 Pam-
bansa Blg. 881.
Sec. 32. Section 212 of Batas Pambansa Blg. 881 as amended, is hereby
to read as follows:
"SEC. 212. Election Returns. - The board of election inspectors shall pre-
pare the election returns simultaneously with the counting of votes in the
polling places as prescribe 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, like-
wise 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 re-
ceive 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 numbers of votes
obtained by each candidate, writing out the said number in words and fig-
ures 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 sheets 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 first copy of the
election returns are clearly reproduced on the second, third, fourth, fifth,
sixth copies thereof, and for the purpose this Commission shall use a spe-
cial kind of paper."
"Immediately upon the accomplishment of the election return for national
position, 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 pres-
ence 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 po-
sition, 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 position
shall be sealed in the presence of the watchers and the public, and placed
in the proper envelope, which shall likewise be sealed and distributed as
herein provided."
"Any election return with a separately printed serial number or which bears
a different serial number from that assigned to the particular polling place
concerned shall not be canvassed. This is to be determined by the board
canvassers prior to its canvassing on the basis of the certification of the
provincial, city or municipal treasurer as to the serial number of the election
return assigned to said voting precinct, unless the Commission shall order
in 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 elec-
tion 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 elec-
tion return to the board of election canvassers upon the request of any in-
terested candidate.
"Any violation of this election or its pertinent portion, shall constitute an
election offense and shall be penalized in accordance with Batas Pam-
bansa 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;
"(b) Any person who simulates an actual election return, or a print or digital
copy thereof;
"(c) Any person who simulates the certification in a print of an election re-
turn;
"(d) The chairman or any member of the board of election inspectors who,
during the prescribe period of posting, removes the election return from the
wall on which it had been posted other than for the purpose of immediately
transferring it to a more suitable place;
"(e) The chairman or any member of the board of election inspectors who
signs or authenticates a print of the election return outside of the polling
place; and
"(f) The chairman or any member of the board of election inspectors who
signs or authenticates a print which bears an image different from the elec-
tion 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 Distribution. - The
board of election inspectors shall prepare in handwriting the election re-
turns in their respective polling place, in the number of copies herein pro-
vided and in the form to be prescribed and provided by the Commission.
"The copies of election returns shall be distributed by the chairman of the
board of election inspectors as follows:
"(a) In the election of president, vice-president, senators and members of
the House of Representatives including the party-list representatives:
"(1) The first copy shall be delivered to the city or municipal board of can-
vassers;
"(2) The second copy to be posted on a wall within the premises of the
polling place;
"(3) The third copy, to the congress, directed to the President of the Sen-
ate;
"(4) The fourth copy. to the Commission;
"(5) The fifth copy, to the dominant majority party as determined by the
Commission in accordance with law;
"(6) The sixth copy, to the dominant minority party as determined by the
Commission in accordance with law;
"(7) The seventh copy, to a citizens' authorized by the Commission to con-
duct an unofficial count: Provided, however, That the accreditation of the
citizens' arm shall be subject to the provision of Section 52(k) of Batas
Pambansa Bldg. 881; and
"(8) The eight copy shall be deposited inside the compartment of the ballot
box for valid ballots; and
"(b) In the election of local officials;
"(1) The First copy shall be delivered to the city or municipal board of can-
vassers;
"(2) The second copy to be posted on a wall within the premises of the
polling place;
"(3) The third copy, to the Commission;
"(4) The fourth copy, to the provincial board of canvassers;
"(5) The fifth copy, to the dominant majority party as determined by the
Commission in accordance with law;
"(6) The sixth copy, to the dominant minority party as determined by the
Commission in accordance with law;
"(7) The seventh copy, to a citizens' authorized by the Commission to con-
duct an unofficial count: Provided, however, That the accreditation of the
citizens' arm shall be subject to the provisions of Section 52(k) of Batas
Pambansa Bldg. 881; and
"(8) The eighth copy shall be deposited inside the compartment of the ballot
box for valid votes.
"The copy of the election return posted on the wall shall be open for public
viewing at any time of the day for forty-eight (48) hours following its posting.
Any person may view or capture an image of the election return by means
of any data capturing device such as, but not limited to, cameras at any
time of the day for forty-eight (48) hours following its posting. After the pre-
scribed period for posting, the chairman of the board of election inspectors
shall collect the posted election returns and keep the same in his custody
to be produced for image or data capturing as may be requested by any
voter or any lawful purpose as may be ordered by competent authority.
"Except for those copies that are required to be delivered, copies of elec-
tion 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 can-
vassing center where the recipients or their representatives may claim
them. Copies still unclaimed at the canvassing center shall be deemed
placed in the custody of the chairman of the board of election inspectors,
who shall produce them when requested by the recipient or when ordered
by a competent authority.
"The Thirty (30) certified print copies of the election return for national posi-
tions shall be distributed as follows:
"(a) The first fourteen (14) copies shall be given to the fourteen (14) accred-
ited major national parties in accordance with a voluntary agreement
among them. If no such agreement is reached, the Commission shall de-
cide which parties shall receive the copies on the basis of the criteria pro-
vided in Section 26 hereof;
"(b) The next three copies shall be given to the three accredited major local
parties in accordance with a voluntary agreement among them. If no such
agreement is reached, the Commission shall decide which parties shall re-
ceive the copies on the basis of criteria analogous to that provided in Sec-
tion 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 en-
tities as may be equitably determined by the Commission in view of propa-
gating the copies to the widest extent possible;
"(e) The next four copies to the major citizens' arms, including the accred-
ited citizens' arms and other non-partisan groups or organizations enlisted
by the Commission pursuant to Section 52(k) of Batas Pambansa Blg. 881;
"(f) The next copy to be placed inside the compartment of the ballot box for
valid ballots; and
"(g) The last copy to the provincial board of canvassers."
"The certified print copies may be claimed at the polling place. Any un-
claimed copy shall be brought by the chairman of the board of election in-
spectors to the canvassing center where the recipients or representatives
may claim them. Copies still unclaimed at the canvassing center shall be
placed in the custody of the chairman of the board election inspectors, who
shall produce them when requested by the recipient or when ordered by a
competent authority.
"Any provision of law to the contrary notwithstanding, any of the recipients
of the print or digital copies of the election return may conduct an unofficial
consolidation of votes and may 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 at least three years from the date of posting.
"Any violation of this section, or its pertinent portion, shall constitute an
election offense and shall be penalized in accordance with Batas Pam-
bansa Blg. 881;
SEC. 34. Sec. 26 of Republic Act No. 7166 is hereby amended to read as
follows:
"SEC. 26. Official 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 Panlunsod, or Sangguniang
Bayan belonging to the same slate or ticket shall collectively be entitled to
only one watcher.
"The dominant majority party and dominant minority party, which the Com-
mission 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 pe-
sos (400,00).
"There shall also recognized six principal watchers, representing the six ac-
credited 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 Commis-
sion 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 election;
"(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 orga-
nizations and strengths."
Sec. 35. Section. 206 of Batas Pambansa Blg. 881 is hereby amended to
read as follows:
"SEC. 206 Counting to be Public and without Interruption. - As soon as the
voting is finished, the board of election inspectors shall publicly count in the
polling place the votes cast and ascertain the results. The board may rear-
range the physical set up of the polling place for the counting or perform
any other activity with respect to the transition from voting counting. How-
ever, 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 election, may
authorize the board of election inspectors to count the votes and to accom-
plish the election return and other forms prescribed under the code in any
other place within a public building in the same municipality or city on ac-
count of imminent danger of widespread violence or similar causes of com-
parable magnitude: Provided, That the transfer shall been recommended in
writing by the board of election inspectors by unanimous vote and en-
dorsed in writing by the majority of watchers present: Provided, further, that
the said public building shall not located within the perimeter of or inside a
military or police camp, reservation, headquarters, detachment or field of-
fice nor within the premises of a prison or detention bureau or any law en-
forcement or investigation agency.
"Any violation of this section, or its pertinent portion, shall constitute and
election offense and shall be penalized in accordance with Batas Pam-
bansa Blg. 881."
SEC.36. Section 18 of Republic Act No. 6646 is hereby repealed.
SEC.37. Section 30 of Republic Act No. 7166 is hereby amended to read
as follows"
"SEC. 30. Congress as the National Board of Canvassers for the Election
of President and Vice President: The Commission en banc as the National
Board of Canvassers for the election of senators: Determination of Authen-
ticity and Due Execution of Certificates of Canvass.- Congress and the
Commission en banc shall determine the authenticity and due execution of
the certificate of canvas for president and vice - president and senators, re-
spectively, as accomplished and transmitted to it by the local boards of
canvassers, on a showing that: (1) each certificate of canvass was exe-
cuted, signed and thumbmarked by the chairman and member of the board
of canvassers and transmitted or caused to be transmitted to Congress by
them; (2) each certificate of canvass contains the names of all of the candi-
dates for president and vice - president or senator, as the case may be,
and their corresponding votes in words and their corresponding votes in
words and in figures; (3) there exits no discrepancy in other authentic
copies of the document such as statement of votes of any of its supporting
document such as statement of votes by city/municipality/by precinct or dis-
crepancy in the votes of any candidate in words and figures in the certifi-
cate; and (4) there exist no discrepancy in the votes of any candidate in
words and figures in the certificates of canvass againts the aggregate num-
ber of votes appearing in the election returns of precincts covered by the
certificate of canvass: Provided, That certified print copies of election re-
turns or certificates of canvass may be used for the purpose of verifying the
existence of the discrepancy.
"When the certificate of canvass, duly certified by the board of canvass of
each province, city of district, appears to be incomplete, the Senate Presi-
dent 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 form polling places that were not included in the certificate
of canvass and supporting statements. Said election returns shall be sub-
mitted by personal delivery within two (2) days from receipt of notice.
"When it appears that any certification of canvass or supporting statement
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 certifi-
cate 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 alteration which
may cast doubt as to the veracity of the number of votes stated herein and
may affect the result of the election, upon requested of the presidential,
vice - presidential or senatorial candidate concerned or his party, Congress
or the Commission en banc, as the case may be shall , for the sole purpose
of verifying the actual the votes as they appear in the copies if the election
returns submitted to it.
"In case of any discrepancy, incompleteness, erasure or alteration as men-
tioned above, the procedure on pre-proclamation controversies shall be
adopted and applied as provided in Section 17,18,19 and 20.
"Any person who present in evidence a simulated copy of an election re-
turn, certificate of canvass or statement of votes, or a printed copy of an
election return, certificate of canvass or statement of votes bearing a simu-
lated certification or a simulated image, shall be guilty of an election of-
fense shall be penalized in accordance with Batas Pambansa Blg. 881."
SEC.38. Section 15 of Republic Act No.7166 is hereby amended to read as
follows:
"SEC.15. Pre - proclamation Cases in Elections for President, Vice-Presi-
dent, Senator, and Member of the House of Representatives. - For purpose
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 ap-
preciation of election returns or the certificates of canvass, as the case may
be, expect 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 before it.
"Question affecting the composition or proceedings of the board of can-
vassers may be initiated in the board or directly with the Commission in ac-
cordance with Section 19 hereof.
"Any objection on the election return before the city or municipal board of
canvassers, or the municipal certificates of canvass before the provincial
board of canvassers or district board of canvassers in Metro Manila Area,
shall specifically notice in the minutes of their respective proceeding."
SEC. 39. Section 28 of Republic Act No. 7166 is hereby amended as fol-
lows:
"SEC. 28. Canvassing by Provincial City, District, and Municipal Board of
Canvassers. - a) The City or municipal of board of canvassers shall can-
vass the election return of President, Vice president, Senator and Members
of the House of Representatives and for elective provincial and city or mu-
nicipal officials: Provided, That the returns for national positions shall be
canvassed first Upon completion of the canvass, it shall prepare the certifi-
cate of canvass for of Representatives and elective provincial officials, an-
nounce the results of the election for national positions in the city or munici-
pality, and thereafter, proclaims the elected city or municipal officials, as
the case may be.
"b) The city board of canvassers of cities comprising one or more legislative
district shall canvass the election returns for president, vice-president, sen-
ator, members of the House of Representatives and elective city officials:
Provided, That the returns for positions shall be canvassed first. Upon com-
pletion of the canvass, the board shall prepare the certificate of canvass, of
president, vice-president, and senator, announce the results of the election
for national positions in the city, and thereafter, proclaim the elected mem-
bers of the House of the Representatives and city officials.
"c) (1) In the Metro Manila Area such municipality comprising a legislative
district shall have district board of canvass the election return for President,
Vice-Presidents, Senator, Members for the House of Representatives and
elective municipal officials: Provided, That the return for national positions
shall be prepare the certificate of canvass for president, vice-presidents,
senators, announce the results of the election for national position in the
municipality, and thereafter, proclaim the elected member of the House of
the Representatives and city officials.
"(2) Each component municipality in a legislative district in the Metro Manila
Area shall have a municipal board of canvassers which shall canvass the
election returns for president, vice-president, senator, members of the
House of representatives and elective municipal officials: Provided, That
the returns for national positions shall be canvassed first. Upon completion
of the canvass, it shall prepare the certificate of canvass for presidents,
vice-presidents, senators, and members of the House of the Representa-
tives, announce the results of the election for national position in the munic-
ipality, and thereafter, proclaim the elected municipal officials.
"(3) The district board of canvassers of each legislative district comprising
two municipalities in Metro Manila area shall canvass the certificate of can-
vass the for President, Vice-Presidents, Senator and Members of the
House of representatives submitted by the municipal board of canvassers
of the Component municipalities. Upon completion of the canvass, it shall
prepare a certificate of canvass for president, vice-president, and senator,
announce the results of the election for national positions in the district, and
thereafter, proclaim the elected member of the House of the Representa-
tives in the legislative district.
"(d) The provincial board of canvassers shall canvass the certificate of can-
vass for president, vice president, senators and members of the House of
Representatives and elective provincial officials as well as plebiscite re-
sults, 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 position shall be canvassed
first. Upon completion of the canvass, it shall prepare the certificate of can-
vass for president, vice-president, and senator, announce the results of the
election for national position in the province, 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 return of certificates of canvass, as
the case may be, the board of canvassers in a municipality, city, district or
province shall project each election return or certificate of canvass on a
wall from which its contents shall be read in order that those present in the
canvassing canter may follow the progress 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 accom-
plished, the chairman of the Board of Canvassers shall announce the post-
ing 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 present in the canvassing center.
Without delay and when feasible, he shall capture images of the certificate
of canvass and supporting statements of votes using a secured data cap-
turing device and thereafter, while in the premises of the canvassing cen-
ter, immediately print the data so captured in thirty (30) copies. The board
of canvassers shall then authenticates 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
of 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 an-
notate 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 recipient of the certified printed copies may
receive their copies at the canvassing center.
"The Chairman of the board shall transmit the digital files of the certificate
of canvass and its supporting statement of votes using a secured transmis-
sion device with authentication features to the secured tabulation system of
the Commission and to the systems of the other designated recipients as
herein provided.
"Any provision of law to the contrary notwithstanding, any of the recipients
of the print or digital copies of the certificate of canvass and the supporting
statements of votes may conduct an unofficial consolidation of votes and
may announce the result thereof to the public.
"Any violation of this section, or its pertinent portion, shall constitute an
election offence and shall be penalized in accordance with Batas Pam-
bansa Blg. 881.
"In addition, the following shall likewise be guilty of an election offence:
"(a) Any person who remove the certificate of canvass posted on the wall,
whether within or after the prescribed forty-eight (48) hours of posting, or
defaces the same in any manner;
"(b) Any person who simulates an actual certificates of canvass or state-
ment of votes, or a print or digital copy thereof;
"(c) Any person who simulates the 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, remove 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 of any member of the board of canvassers who sign or
authenticates a print of the certificate of canvass or its supporting state-
ment of votes outside of the polling place: and
"(f) The chairman or any member of the board of canvassers who sign 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. 40. Section 29 of Republic Act No. 7166 is hereby amended to read
as follows:
"SEC.29. Number of Copies of Certificate of Canvass and their Distribution.
- a) the certificate of canvass for president, vice-president, senator and
member of the house of Representatives and elective provincial official
shall be prepared in seven copies by the city or municipal board of can-
vassers and distributed as follows:
"(1) The first copy shall be delivered to the provincial board of canvassers
for use in the canvass election results for president, vice- president, sena-
tor and member of the House of representatives and elective provincial offi-
cials:
"(2) The second copy shall be sent to the Commission;
"(3) The third copy shall be posted on a wall within the premises of the can-
vassing center
"(4) The fourth copy shall be kept by the chairman of the Board: and
"(5) the fifth copy shall be given the citizens' arm designated by the Com-
mission to conduct a media-based unofficial count, and the sixth and sev-
enth copies shall be given to the citizen's arm designated by the Commis-
sion to conduct a media - based unofficial count , and the sixth and seventh
copies shall be given to the representatives of two of the six major political
parties in accordance with the voluntary agreement of the parties. If no
such agreement is reached, the commission shall decide which parties
shall receive the copies of the certificate of the canvass on the basis of the
criteria provided in Section 26 hereof. The parties receiving the certificate
shall have obligation to furnish the other parties with authentic copies
thereof with the at least possible delay.
"b) The certificates of canvass for president, vice president, senators shall
be prepared in seven (7) copies by the city boards of canvassers of cities
comprising one or more legislative districts, by provincial boards of can-
vassers in the Metro Manila Area, and distributed as follows:
"(1) The first copy shall be sent to the Congress directed to the President of
the Senate for use in the canvass of election results for president and vice-
president;
"(2) The second copy shall be sent to the Commission for use in the can-
vass of the election results for Senators;
"(3) The third copy shall be posted on a wall within the premises of the can-
vassing center;
"(4) The fourth copy shall be kept by the Chairman of the Board; and
"(5) The fifth copy shall be given to the citizens' s arm designated by the
Commission to conduct a media -based unofficial count, and the sixth and
seventh copies shall be given to the representatives of two of the six major
political parties. If no such agreement is reached, the commission shall de-
cide which parties shall receive the copies of the certificate of canvass on
the basis of the criteria provided in Section 26 hereof. The parties receiving
the certificates shall have the obligation to furnish the other parties with au-
thentic copies thereof with the least possible delay.
"The of the certificate of canvass posted on the wall shall be open for public
viewing at any time of the day for forty -eight (48) hours following its post-
ing. 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 com-
petent authority.
"Except for those copies that are required to be delivered, copies of certifi-
cates of canvass may be claimed at the canvassing center. Any unclaimed
copy shall be deemed placed in the custody of the chairman of the board of
canvassers, who shall produce them requested by the recipient or when or-
dered by a competent authority.
"The thirty (30) certified print copies of the certificate canvass for national
positions shall be distributed as follows:
"(a) The first fourteen (14) copies shall be given to the fourteen (14) accred-
ited major national parties in accordance with a voluntary agreement
among them. If no such agreement is reached, the commission shall de-
cide which parties shall receive the copies on the basis of the criteria pro-
vided in Section 26 hereof;
"(b) The next three copies shall be given to the three accredited major local
parties in accordance with a voluntary agreement among them. If no such
agreement is reached, the Commission shall decide which parties shall re-
ceive the copies in the basis of criteria analogous to the provided in Section
26 hereof;
"(c) The next five copies shall be given to national broadcast or print media
entities as may be equitably determined by the commission in view of prop-
agating the copies to the widest extent possible;
"(d) The next two copies shall be given to local broadcast or print media en-
titles as may be equitably determined by the Commission in view propagat-
ing the copies to the widest extent possible;
"(e) The next four copies to the major citizen's arms, including accredited
citizen' arm, and other non -partisan groups or organizations enlisted by the
commission pursuant to section 52(K) of Batas Pambansa Blg. 881; and
(f) The last two copies to be kept in file by the chairman of the board of can-
vassers to be subsequently distributed as the national board of canvassers
may direct.
"The certified print copies may be claimed at the canvassing center. Any
unclaimed copy shall be deemed place in the custody of the chairman of
the board of canvassers, who shall produce them when requested by the
recipient or when ordered by a competent authority.
"The commission shall post its digital files in its website for the public to
view or download at any time of the day. The commission shall maintain
the files for at least three years from the date of posting.
"Any violation of this section, or its pertinent portion, shall constitute an
election offense and shall be penalized in accordance with Batas Pam-
bansa Blg. 881."
SEC. 41 The first paragraph of Sec. 52 of Batas Pambansa Blg. 881 is
hereby amended to read as follows:
"Sec. 52. Powers and Functions of the Commission on Elections, - In addi-
tion to the powers and functions conferred upon it buy the constitution the
commission shall have exclusive charge of the enforcement and adminis-
tration of all laws relative to conduct of elections for the purpose of ensuring
free, orderly and honest elections, except as otherwise provided herein and
shall."
SEC. 42. Section27 (b) of Republic Act No. 6646 is hereby amended to
read as follows :
"Sec. 27. Election Offenses; Electoral Sabotage. - In additional to the pro-
hibited acts and election offenses enumerated in Section 261 and 262 of
Batas Pambansa Blg. 881,as amended, the following shall be guilty of an
election offense or a special election offense to be known as eletoral sabo-
tage:
"(a) x x x
"(b) Any person or member of the board of election inspectors or board of
canvassers who tampers, increases or decreases the votes received by a
candidates 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 and /or to deduct
tampered to deduct tampered votes are perpetrated on large scale or in
substantial numbers, the same shall be considered not as an ordinary elec-
tion offense under Section 261 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.
"The act or offense committed shall fall under the category of electoral sab-
otage 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, is/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
candidate/s is /are made to appear the winner/s;
"(2) Regardless of the elective office involved, when the tampering, in-
crease and/or decrease of votes committed or the refusal to credit the cor-
rect votes or to deduct tampered votes perpetrated , is a accomplished in a
single election document or in the transposition of the figure / results from
one election document to another and involved in the said tampering in-
crease and/or decrease or refusal to credit correct votes or deduct tam-
pered votes exceed five thousand (5,000) votes, and that the same ad-
versely affects the true results of the election ;
"(3) Any and all other forms or tampering increase/s 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 thou-
sand (10,000) votes;
"Provided finally; That any and all either persons or individuals determined
to be 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 hereby amended to
read as follow:
"SEC. 265. Prosecution. - The Commission shall, through its duly autho-
rized 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 prosecute the same"
SEC. 44. Appropriations. - 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 (3,000,000,000) shall be charged against the current year's
appropriation of the commission.
Thereafter, such sums as may be necessary for the continuous implemen-
tation of this Act or any part thereof, or the application such be included in
the annual General Appropriations Act.
If the said funds shall not be fully utilized the same shall continue to be ap-
propriated 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 or-
ders, rules and regulations or part 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.
Approved,
JOSE DE VENECIA JR. MANNY VILLAR
Speaker of the House of Represen- President of the Senate
tatives

This Act which is a consolidation of Senate Bill No. 2231 and House Bill
No. 5352 was finally passed by the Senate and the House of Representa-
tive on December 7, 2006 and December 19, 2006, respectively.
ROBERTO P. NAZARENO OSCAR G. YABES
Secretary General Secretary of Senate
House of Represenatives

Approved: JAN 23, 2007

GLORIA MACAPAGAL-ARROYO
President of the Philippines