Hybrid Election Act

Senaic TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 25 AUG 11 P3:09 SENATE S.B. No. 1172 RECEIVED BY: Introduced by SENATOR IMEE R. MARCOS PROVIDING FOR THE CONDUCT OF HYBRID NATIONAL, LOCAL, AND BANGSAMORO AUTONOMOUS REGION IN MUSLIM MINDANAO (BARMM) ELECTIONS, THROUGH MANUAL-AUTOMATED VOTING, COUNTING, CANVASSING, CONSOLIDATION, AND TRANSMISSION, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 8436, AS AMENDED, AND FOR OTHER PURPOSES EXPLANATORY NOTE It is undeniable that a significant number of voters continue to harbor distrust toward the automated election system. While the system is often praised for its ability to rapidly deliver election results, concerns persist regarding its accuracy and transparency-not only during the vote counting process but more critically, throughout the canvassing and consolidation stages. Recurring allegations of hacking in nearly every automated election have undermined public confidence, leading many to question whether the results reflected in election returns and certificates of canvass truly represent the people's will. Given these concerns, there is a clear need for an electoral system that maintains the efficiency of automation while addressing voter apprehensions about transparency and accuracy in both the counting and canvassing of votes. This is precisely what the proposed Hybrid Election System (HES) aims to provide. By integrating automated processes with parallel manual counting and canvassing, the HES seeks to restore public trust in the electoral process by enhancing transparency and accuracy-without reverting to the drawbacks of a purely manual system. Moreover, current law governing automated elections imposes certain prerequisites on the use of such systems by the Commission on Elections (COMELEC). Republic Act No. 9369, which amended Republic Act No. 8436, mandates that any automated election system (AES) must have "demonstrated capability and been successfully used in a prior electoral exercise, either locally or abroad." This requirement significantly limits the COMELEC's options by restricting eligibility to systems with proven past use. To address this limitation and to encourage broader participation in the bidding process for election-related equipment, supplies, and services— especially

from Filipino companies-this bill proposes to waive the requirement for bidders to have completed a single largest similar contract. In view of these considerations, the passage of this bill is strongly recommended. Imeé h. mave TMEER. MARCOS

Sachate Office of the Serretary TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES 25 AUG 11 P 3 :09 First Regular Session SENATE RECEIVED BY: S.B. No. 1172 Introduced by SENATOR IMEE R. MARCOS AN ACT PROVIDING FOR THE CONDUCT OF HYBRID NATIONAL, LOCAL, AND BANGSAMORO AUTONOMOUS REGION IN MUSLIM MINDANAO (BARMM) ELECTIONS, THROUGH MANUAL-AUTOMATED VOTING, COUNTING, CANVASSING, CONSOLIDATION, AND TRANSMISSION, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 8436, AS AMENDED, AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SEC. 1. Title. - This Act shall be known as the " Hybrid Election Act".

SEC. 2. Coverage. - The coverage of the provisions of this Act shall be applicable

to the conduct of the elections in May 2028 and all national, local, and Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) elections thereafter.

SEC. 3. Section 1 of Republic Act No. 8436, as amended, is hereby further

amended to read as follows: "SECTION 1. Declaration of Policy. - It is the policy of the State to ensure free, orderly, honest, peaceful, credible and informed elections, plebiscites, referenda, recall and other similar electoral exercises by improving on the election process and adopting systems, which shall involve the use of [an automated] A HYBRID election system that will ensure the secrecy and sanctity of the ballot and all election, consolidation and transmission documents in 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 HYBRID ELECTION SYSTEM SHALL BE A COMBINATION OF THE MANUAL VOTING AND COUNTING OF VOTES AT PRECINCT LEVEL, AND THE

AUTOMATED/ELECTRONIC TRANSMISSION OF THE VOTING RESULTS, CANVASSING, AND CONSOLIDATION OF VOTES. The State recognizes the mandate and authority of the Commission to prescribe the adoption and use of the most suitable technology of demonstrated capability taking into account the situation prevailing in the area and the funds available for the purpose. THE STATE ALSO RECOGNIZES THE RIGHT OF ITS CITIZENS, ESPECIALLY OF VOTING AGE, WHEN ORGANIZED AS PEOPLE'S ORGANIZATIONS UNDER ARTICLE XIII SECTION 15 AND 16 OF THE 1987 CONSTITUTION OF THE PHILIPPINES, TO PARTICIPATE IN THE ELECTION PROCESS IN ORDER TO ENSURE ITS TRANSPARENCY, CREDIBILITY AND ACCEPTABILITY TO THE PEOPLE. THE COMMISSION IS HEREBY MANDATED TO TAKE APPROPRIATE STEPS TO PROPERLY ACCREDIT AND EMPOWER SUCH PEOPLE'S ORGANIZATIONS WITH THIS END IN VIEW."

SEC. 4. Section 2 of Republic Act No. 8436, as amended, is hereby amended to

read as follows: "SEC. 2. Definition of Terms. - As used in this Act, the following terms shall mean: "1. [Automated] HYBRID election system, hereinafter referred to as [AES] HES - [a system using appropriate technology which has been demonstrated in the voting, counting, consolidating, canvassing, and transmission of election result, and other electoral process] AN ELECTION SYSTEM WHICH COMBINES MANUAL VOTING AND COUNTING OF VOTES AT PRECINCT LEVEL AND THE AUTOMATED/ DIGITALIZED/ELECTRONIC TRANSMISSION OF THE VOTING RESULTS, CANVASSING, AND CONSOLIDATION OF VOTES; 2. AUTOMATED - A PROCESS OR SYSTEM CARRIED OUT BY MACHINES OR COMPUTERS WITHOUT NEEDING HUMAN CONTROL; 3. DIGITALIZED - DATA OR INFORMATION THAT HAS BEEN CONVERTED INTO A FORM THAT CAN BE STORED OR READ BY A COMPUTER. 4. ELECTRONIC - REFERS TO OR USING A SYSTEM OF OPERATION THAT INVOLVES THE CONTROL OF ELECTRONIC CURRENT IN VARIOUS DEVICES.

5. DATA STORAGE DEVICE - A DEVICE USED TO ELECTRONICALLY STORE DIGITALIZED DATA OR INFORMATION. 6. COMPUTING EQUIPMENT - MACHINES THAT CAN BE PROGRAMMED TO CARRY OUT SEQUENCES OF ARITHMETIC OR LOGICAL OPERATIONS OR COMPUTATIONS AUTOMATICALLY "7.[2. 1 Electronic transmission - conveying data in electronic form from one location to another; "8. [3. J Official ballot - [where AES is utilized, refers] REFERS to the paper ballot, whether printed or generated by the technology applied, that faithfully captures or represents the votes cast by a DULY REGISTERED voter [recorded or to be recorded in electronic form]; "9. [4.7 Election returns- a document in EITHER [electronic and] printed OR DIGITAL form, OR BOTH, directly produced by EITHER MANUAL COUNTING [the counting or voting machine], OR BY ELECTRONIC COMPUTING, RESPECTIVELY, OR BOTH, 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; "10. [5. ] Statement of votes - a document [containing] STATING the votes obtained by candidates in each precinct in a city/municipality; "11. [6. ] City/municipal/district/provincial certificate of canvass- a document in [electronic] DIGITAL and/OR printed form containing the total votes in figures obtained by each candidate in city/municipality/district/province as the case may be. The [electronic} DIGITAL certificates of canvass shall be the official canvass result in the aforementioned jurisdictions; "12. [7. J Paper-based election system - a type of [automated] election system that useS paper ballots. IT MAYL,] record[st and count[s} votes, tabulate[s], TRANSMIT THE RESULTS OF THE VOTE COUNT, CANVASS and consolidate[s/canvasses] THESE RESULTS ELECTRONICALLY OR MANUALLY [and transmits electronically the results of the vote count};" ["8. Direct recording electronic election system a type or automated election 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 electronicatty;] "13. [8.] Counting center - a public place[s] 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 centers;

"14. COMELEC PUBLIC WEBSITE - A SET OF INTERNET WEB PAGES UNDER THE DOMAIN NAME OF, AND OWNED AND OPERATED BY THE COMMISSION FOR THE PURPOSE OF PROVIDING INFORMATION ON ELECTION MATTERS TO THE GENERAL PUBLIC. 15. {107 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] HES; "[11. Disabled voters a person with impaired capacity to use the AES;] "[1Z] 16. Source code - human readable instructions that define what the computING[er] equipment will do; and "[13] 17. Station refers to a polling place, counting center, municipal or provincial canvassing center."

SEC. 5. Section 3 of Republic Act No. 8436, as amended, is hereby further

amended to read as follows: "SEC 3. Board of Election Inspectors. - THERE SHALL BE A BOARD OF ELECTION INSPECTORS, HEREINAFTER CALLED BEL, IN EVERY PRECINCT. IT SHALL BE COMPOSED OF THREE (3) REGULAR MEMBERS WHO SHALL CONDUCT THE VOTING, COUNTING, AND RECORDING OF VOTES IN THE POLLING PLACE. AS THE COMMISSION WILL DECIDE, THERE CAN BE ADDED TO THE REGULAR MEMBERS A SPECIAL MEMBER WHOSE FUNCTION WILL BE DISTINCT FROM THOSE OF THE REGULAR MEMBERS. EACH BEI MEMBER MUST; (a)BE A PERSON OF GOOD MORAL CHARACTER AND IRREPROACHABLE REPUTATION, (b) BE A REGISTERED VOTER, (C) HAS NEVER BEEN CONVICTED OF ANY ELECTION OFFENSE, OR OF ANY CRIME PUNISHABLE BY MORE THAN SIX (6) MONTHS IMPRISONMENT, (d) HAS NO PENDING CASE AGAINST HIM/HER FOR ANY (e) BE NOT RELATED, NOR HIS/HER SPOUSE, WITHIN THE FOURTH CIVIL DEGREE OF CONSANGUINITY OR AFFINITY TO ANY OTHER MEMBER OF THE BEI, OR TO ANY CANDIDATE RUNNING IN THE ELECTION FOR WHICH HE/SHE IS TO BE DESIGNATED AS BEI. FOR THE PURPOSES OF THE HES, THE SPECIAL MEMBER [Where AES shall be adopted, at least one member] of the BEl [Board of Election Inspectors] shall be an information technology-capable person, who is

trained or certified by the [DOSF] DICT to use the [AES] HES. Such certification shall be issued by the [DOST] DICT, free of charge." THE SPECIAL MEMBER OF THE BEI SHALL ENJOY THE SAME RIGHTS AND BE BOUND BY THE SAME LIMITATIONS AND LIABILITIES OF A REGULAR MEMBER OF THE BEI BUT SHALL NOT VOTE DURING THE PROCEEDINGS OF THE BEI EXCEPT ON MATTERS PERTAINING TO HES ITSELF."

SECTION 6. A new Section 4 is hereby inserted into Republic Act No.8436 and

all subsequent sections are hereby re-numbered. "SEC. 4. DUTIES AND FUNCTIONS OF THE SPECIAL MEMBER OF THE BEI - 1. DURING THE CONDUCT OF THE VOTING IN THE POLLING PLACE, THE FOURTH MEMBER SHALL: (a) ACCOMPLISH THE MINUTES OF VOTING FOR THE HES IN THE PRECINCT; ENSURE THAT THE BALLOTS ARE PLACED INSIDE (b) THE APPROPRIATE BALLOT BOX; 2. AT THE CLOSE OF POLLS, THE FOURTH MEMBER SHALL BRING THE BALLOT BOX CONTAINING THE BALLOTS TO THE DESIGNATED COUNTING CENTER; 3. BEFORE THE COUNTING OF THE VOTES, THE FOURTH MEMBER SHALL VERIFY IF THE NUMBER OF BALLOTS INSIDE THE APPROPRIATE BALLOT BOX TALLIES WITH THE DATA IN THE MINUTES OF THE VOTING; 4. HE/SHE WILL THEN ENSURE AND CERTIFY THAT THE COMPUTING EQUIPMENT HE/SHE WILL USE FOR THE COMPUTERIZED RECORDING OF THE VOTES TO BE READ BY THE BEI CHAIRMAN CONFORMS TO THE SPECIFICATIONS DEFINED BY THE COMMISSION FOR USE IN THE COUNTING OF THE VOTES AT THE PRECINCT LEVEL; 5. DURING THE COUNTING OF THE VOTES, THE FOURTH MEMBER SHALL ENCODE THE VOTES FOR EACH CANDIDATE AS READ BY THE BEI CHAIRMAN ON HIS/HER COMPUTING EQUIPMENT, AND PROJECT ON THE WALL OF THE COUNTING CENTER WHATEVER IS DISPLAYED ON THE MONITOR OF THAT EQUIPMENT.

6. AT INTERVALS OF EVERY 100 BALLOTS READ, THE FOURTH MEMBER SHALL COMPARE HIS/ HER RUNNING COUNT OF THE VOTES GARNERED BY EACH CANDIDATE ON HIS/HER COMPUTING EQUIPMENT WITH THE RUNNING COUNT OF ANOTHER BEI MEMBER WHO IS RECORDING THE SAME VOTES GARNERED ON THE PRINTED ELECTION RETURNS FORM. IF THE DIGITAL COUNT ON THE COMPUTING EQUIPMENT VARIES BY 2% OR MORE FROM THE PRINTED ELECTION RETURNS FORM FOR ANY CANDIDATE, THE COUNTING WILL BE TEMPORARILY STOPPED AND THE DISCREPANCY CORRECTED BY A RECOUNT OF THE BALLOTS FOR THOSE CANDIDATES AFFECTED BY THE DISCREPANCY. THIS WILL BE NOTED IN THE MINUTES FOR THE PRECINCT, AND THE CORRECTED FIGURE WILL BE NOTED DOWN IN BOTH THE DIGITAL AND PRINTED ELECTION RETURNS, AFTER WHICH THE COUNTING WILL BE RESUMED. AFTER THE COUNTING OF THE VOTES, THE FOURTH MEMBER SHALL ELECTRONICALLY LOCK IN THE RESULTS OF THE VOTE COUNT USING THE PROCEDURES THAT THE COMMISSION PRESCRIBES FOR THE HES IN USE AT THIS ELECTION TO PREVENT IT FROM ANY ALTERATION BY ANY PERSON AND ENTITY, INCLUDING ANY PERSON FROM THE COMMISSION. UPON LOCKING, THE FOURTH MEMBER SHALL ASSIST THE OTHER BEI MEMBERS TO AFFIX THEIR DIGITAL SIGNATURES ON THE ELECTION RESULTS, WHICH BECOMES THE OFFICIAL DIGITAL ELECTION RETURNS FOR THAT PARTICULAR PRECINCT.

SEC. 7. Original Section 4, now renumbered as Section 5, of Republic Act

No.8436, as amended, is hereby amended to read as follows: "SEC. [4.] 5. BOARD OF CANVASSERS. - EACH PROVINCE, CITY, OR MUNICIPALITY SHALL HAVE ITS OWN BOARD OF CANVASSERS IN ACCORDANCE WITH SEC. 20 AND 21 OF REPUBLIC ACT NO. 6646. [To implement the AES, each] EACH board of canvassers shall be assisted by an information technology-capable person authorized to operate the equipment adopted for the elections. The Commission shall deputize information technology personnel from among the agencies and instrumentalities of the government, including government-owned and controlled corporations. The per diem of the deputized personnel shall be the same as that of the members of the board of canvassers.

SECTION 8. Original Section 5, now re-numbered as Section 6, of Republic

Act No. 8436, as amended, is hereby further amended to read as follows: " SEC. [5.] 6. Authority to Use [an Automated Election System] the HES. - 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 A HYBRID election system or systems in the same election in different provinces. I, 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 processes ; 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 urbanized cities and two provinces each in Luzon, Visayas and Mindanao, to be chosen by the Commission: Provided, further, That local government units whose officials have been the subject of administrative charges within sixteen (16) 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 government unit as used in this provision shall refer to a highly urbanized city or province. In succeeding regutar national or local elections, the AES shall be implemented nationwide. f THE SYSTEM SHALL BE A COMBINATION OF PAPER-BASED MANUAL VOTING AND COUNTING OF VOTES AT PRECINCT LEVEL AND AUTOMATED/ELECTRONIC TRANSMISSION OF THE VOTING RESULTS, CANVASSING AND CONSOLIDATION OF VOTES; PROVIDED, THAT THE HYBRID ELECTION SYSTEM NEED NOT BE IMPLEMENTED FOR OVERSEAS VOTING."

SEC. 9. Original Section 6, now re-numbered as Section 7, of Republic Act No.

8436, as amended, is hereby further amended to read as follows: "SEC. [6.] 7. Minimum System Capabilities. - The [automated election system] HES 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,] DATA, MATHEMATICAL COMPUTATION, automated consolidation/canvassing, electronic transmission of election returns, and the digital storage of all the 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], ELECTRONIC

TRANSMISSION, CANVASSING, AND CONSOLIDATION OF ELECTION RESULTS; (e) Provision for vote verified paper audit trail;] (E) System auditability which provides supporting documentation for verifying the correctness of reported election results; (f) An election management system for preparing ballots and programs for use in the casting and manual counting of votes, and to ELECTRONICALLY consolidate, report and display election results in the shortest time possible; (g) Accessibility to illiterates, senior citizens and mobility-impaired and [disabied] voters WITH DISABILITY; (h) Vote tabulating and consolidating programs for elections, referend [umja, or plebiscites; (1) Accurate ballot counters;] (1) Data retention provisions; (i) [Provide] PROVISIONS for the safekeeping, storing and archiving of physical or paper [resource] AND DIGITAL RESOURCES used in the election process, INCLUDING THE USED BALLOTS; (k) THE [Utilize] UTILIZATION [or] AND [generate] GENERATION OF official ballots as herein defined; and (1) Provide the voter a system of verification to find out whether of not the machine has registered his choice; and (I THE [Configure] CONFIGURATION OF access controlS, SUCH AS DIGITAL AND/OR ELECTRONIC SIGNATURES, for sensitive system data and functions. In the procurement of this system, the Commission shall develop and adopt an evaluation system to ascertain that the above minimum system capabilities are met. This evaluation system shall be developed with the assistance of the Advisory Council."

SEC. 10. Original Section 7, now re-numbered 8 of Republic Act No. 8436, as

amended, is hereby further amended to read as follows: "SEC. [7]8. Communication Channels for Electronic Transmissions - [AH electronic - transmissions by and among the AEs and its related components shalt utilize secure communication channels as recommended by the Advisory Council to ensure authentication and integrity of transmissions.] ELECTRONIC TRANSMISSION WHICH IS DEFINED UNDER REPUBLIC ACT NO. 9369 AS CONVEYING DATA IN ELECTRONIC FORM FROM ONE LOCATION TO ANOTHER SHALL BE GUIDED BY THE FOLLOWING: ALL ELECTRONIC TRANSMISSION OF THE ELECTION RETURNS, CERTIFICATES OF CANVASS AND ITS

SUPPORTING STATEMENTS, AND OTHER RELATED DOCUMENTS SHALL UTILIZE SECURE TRANSMISSION CHANNELS WITH THE FOLLOWING MINIMUM-SECURITY OBJECTIVES: (A) STRONG AUTHENTICATION- EACH ENTITY IN THE COMMUNICATIONS CHANNEL MUST PROVE ITS IDENTITY TO THE OTHER BY DEMONSTRATING KNOWLEDGE OF A KEY ASSOCIATED WITH THE ENTITY WITHOUT REVEALING THE KEY ITSELF DURING THE PROTOCOL; (B) MUTUAL ENTITY AUTHENTICATION; (C) DATA ORIGIN AUTHENTICATION; (D) DATA INTEGRITY; (E) NON-REPUTATION OF ORIGIN; (F) ANTI-REPLAY- AN ELECTION RETURN OR CERTIFICATE OF CANVASS ONCE PROCESSED CANNOT BE RESENT TO BE REPROCESSED AT A LATER TIME. IN CASE OF RE- TRANSMISSION, THE BOARD OF CANVASSERS SHOULD AUTHENTICATE THEMSELVES TO THE RECEIVING COMPUTER, AND AUTHORIZE THE NON-PROCESSING OF THE PREVIOUS TRANSMISSION/S TO RECEIVE THE NEW TRANSMISSION. BOTH ELECTION RETURNS OR CERTIFICATES OF CANVASS OR ANY ELECTION RESULT SHALL BE KEPT IN THE SYSTEM FOR RECORD-KEEPING; AND (G) AUDITABILITY OF TRANSMISSION POST-ELECTION- ALL RECORDS OF TRANSMISSION SAVED ON ALL THE SERVERS SHALL BE STORED AND COPIES FURNISHED IN THEIR ORIGINAL ENTIRELY TO THE JOINT CONGRESSIONAL OVERSIGHT COMMITTEE ON THE HYBRID ELECTION SYSTEM, THE DEPARTMENT OF INFORMATION AND TECHNOLOGY AND THE CITIZENS' ARM OFFICIALLY ACCREDITED BY THE COMMISSION TO CONDUCT THE UNOFFICIAL COUNT OF THE ELECTIONS. THE COMMISSION SHALL DIGITALLY SIGN SAID COPIES AND CERTIFY UNDER OATH AS TO ITS AUTHENTICITY AND INTEGRITY. THE COMMISSION IS HEREBY AUTHORIZED TO PROCURE THE NECESSARY EQUIPMENT, FACILITIES, AND SERVICES FOR PUTTING UP THE ELECTRONIC TRANSMISSION SYSTEM IN ORDER TO EFFECTIVELY IMPLEMENT THE PROVISIONS OF THIS ACT. THE AGGREGATOR FOR THE PURPOSE OF TRANSMISSION SHOULD NOT BE THE SAME AS THE SUPPLIER OF THE MACHINES USED FOR THE AUTOMATED ELECTION SYSTEM.

SEC. 11. Original Sections 8, 9, 10, 11, 12 and 13, now re-numbered as Sections

9, 10, 11, 12, 13 and 14, respectively, of Republic Act No. 8436, as amended, is hereby further amended to read as follows: "SEC. [8] 9. 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 exercise, and deactivated six months after completion of canvassing. [:Provided, for purposes of the 2007 elections, the Advisory Council shall be immediately convened within ten (10) days after the effectivity of this Act."] The Council shall be composed of the following members, who must be registered Filipino voters, of known independence, competence and probity; (A) The [Chairman of the Commission on Information and Communications Technology (CICT)] SECRETARY OF THE DEPARTMENT OF INFORMATION AND COMMUNICATIONS TECHNOLOGY (DICT) who shall act as the chairman of the council; (B) THE RESPECTIVE CHAIRPERSONS OF THE SENATE COMMITTEE ON ELECTORAL REFORMS AND PEOPLE'S PARTICIPATION AND THE HOUSE OF REPRESENTATIVES COMMITTEE ON SUFFRAGE AND ELECTORAL REFORMS WHO SHALL ACT AS EX OFFICIO MEMBERS; [B] (C) One member from the Department of Science and Technology (DOST);" [E] (D) One member from the Department of Education (DEPED);" [D] (E) 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. THE CHAIR OF THE ADVISORY COUNCIL SHALL INITIATE AND EXTEND THE INVITATION TO THE ACADEMIC INSTITUTIONS TO SEND THEIR NOMINEES FOR THIS POSITION." [E] (F) Three members representing ICT professional organizations to be selected by the chair of the Advisory Council from among the list of nominees submitted by Philippines-based ICT professional organizations. Nominees shall be individuals, at least one of whom shall be experienced in managing or implementing large-scale IT projects. THE CHAIR OF THE ADVISORY COUNCIL SHALL INITIATE THE INVITATION TO THESE ORGANIZATIONS TO SEND THEIR NOMINEES FOR THIS POSITION, PROVIDED THAT, OTHER ORGANIZATIONS THAT MAY NOT HAVE RECEIVED SIMILAR INVITATIONS ARE ALSO TO BE WELCOMED IN NOMINATING MEMBERS FOR THE SAME.

IF (G) Two members representing non-governmental electoral reform organizations, to be selected by the chair of the Advisory Council from among the list of nominees submitted by the country's non-governmental electoral reform organizations. THREE OBSERVERS, REPRESENTING THE ACCREDITED MAJORITY PARTY AND THE MINORITY PARTY, AS DETERMINED BY THE COMMISSION DURING THE IMMEDIATELY PRECEDING ELECTION, SHALL BE INVITED DURING MEETINGS OF THE ADVISORY COUNCIL. THE OBSERVERS SHALL BE ALLOWED TO GATHER INFORMATION: PROVIDED, THAT THEY SHALL NOT DISRUPT OR OBSTRUCT THE PROCEEDINGS OF THE ADVISORY COUNCIL OR COUNTERMAND ITS DECISIONS. A person who is affiliated with any political party or candidate for any national position, or is related to a candidate for any national position by affinity or consanguinity within the fourth civil degree, shall not be eligible for appointment or designation to the Advisory Council. Should any such situation arise at any time during the Incumbency of a member, the designation or appointment of that member, shall ipso facto be terminated. Any member of the Advisory Council is prohibited from engaging, directly or 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 immediately preceding paragraphs shall disqualify said member from the Advisory Council and shall be punishable as provided in this Act and shall be penalized in accordance with the Anti- Graft and Corrupt Practices Act and other related laws. The council may avail itself of the expertise and services of resource person who are known independence, competence and probity, are non- partisan, and do not possess any of the disqualifications applicable to a member of the Advisory Council as provided herein. The resource persons shall also be subject to the same prohibitions and penalties as the members of the Advisory Council. The [commission on information and communications technology (CICT)] DICT shall include in its annual appropriation the funds necessary to enable the Council to effectively perform its functions."

"SEC. [9] 10. Functions of the Advisory Council. - The Council shall have the following functions: 1. Recommend the most appropriate, secure, applicable, and cost- effective technology to be applied in the [AES] HES, in whole and in part, at that specific point in time. 2. Participate as nonvoting members of the Bids and Awards Committee in the conduct of the bidding process for the [AES] HES. Members of the Advisory Council representing the ICT professional organizations are hereby excluded 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] HES. Members of the Advisory Council representing the ICT professional organizations are hereby excluded from participating in any manner in the steering committee. 4. Provided advice and assistance in the review of the systems planning, inception, development, testing, operationalization, and evaluation stages. 5. Provide advice and/or assistance in the identification, assessment and resolution of systems problems or inadequacies as may surface or resurface in the course of the bidding, acquisition, testing, operationalization, re-use, storage or disposition of the [AES] HES equipment and/or resources as the case may be. 6. Provide advice and/or assistance in the risk management of the [AES] HES especially when a contingency or disaster situation arises. 7. PROVIDE ADVICE AND/OR ASSISTANCE IN THE ESTABLISHMENT, OPERATION AND MANAGEMENT OF THE COMELEC PUBLIC WEBSITE TO MAKE IT ACCESSIBLE TO THE GENERAL PUBLIC WHILE ENSURING THE VERACITY AND SECURITY OF ALL INFORMATION BEING SHOWN, ESPECIALLY THE RUNNING COLLATION OF ELECTION RETURNS DURING ELECTIONS, REFERENDA, OR PLEBISCITES. 8. Prepare and submit a written report, which shall be submitted withing six months from the date of the election to the Oversight Committee, evaluating the use of the [AES] HES. Nothing in the role of the Council or any outside intervention or influence shall be construed as an abdication or diminution of the Commission's authority and responsibility for the effective development, management and implementation of the [AES] HES and this Act.

The Advisory Council shall be entitled to a just and reasonable amount of per diem allowances and/or honoraria to cover expenses of the services rendered chargeable against the budget of the Commission." "SEC. [10] 11. The Technical Evaluation Committee. - The Commission, in collaboration with the chairman of the Advisory Council, shall establish an independent technical evaluation committee, herein known as the Committee, composed of a representative each from the Commission, [the Commission on Information and Communications Technology and] the Department of Science and Technology (DOST) AND THE DEPARTMENT OF INFORMATION AND COMMUNICATIONS TECHNOLOGY (DICT) who shall act as Chairman of the Committee. The Committee shall be immediately convened within ten (10) days after the effectivity of this Act." "SEC. [11] 12. Functions of the Technical Evaluation Committee. - The Committee 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 exercises, categorically stating that the [AES] HES, including its hardware and software components, is operating properly, securely, and accurately, in accordance 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 in one or more cities/municipalities; 2. The successful completion of audit on the accuracy, functionality, and security controls of the [AES] HES software; 3. The successful completion of a source code review, SHOULD THAT BE NECESSARY, AND THE ELECTRONIC TRANSMISSION, CONSOLIDATION/ CANVASSING SOFTWARE REVIEW; 4. A certification that [the,] IF A source code IS TO BE USED, THE SOURCE CODE is kept in escrow with the Bangko Sentral ng Pilipinas (BSP); 5. A certification that the source code reviewed L, if a source code is to be used;l is one and the same as that used by the computing equipment; and 6. The development, provisioning, and operationalization of a continuity plan to cover risks to the [AES] HES 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 tater 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 Oversight Committee, no less than thirty (30) days prior to the electoral exercise where the AES will be used. The Committee may avail itself of the expertise and 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 members of the Advisory Council. The Committee shall closely coordinate with the steering committee of the Commission tasked with the implementation of the AES in the identification and agreement of the project deliverables and timelines, and in the formulation of the acceptance criteria for each deliverable."] " SEC. [12] 13. Procurement of Equipment and Materials. - To achieve the purpose of this Act, the Commission is authorized to procure, in accordance with existing laws, by purchase, lease, rent or other forms of acquisition, supplies, equipment, materials, software, facilities, and other service, from local or foreign sources free from taxes and import duties, subject to accounting 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 successfutty 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 equipment supplier, the cost to the government of its deployment and implementation shall be added to the bid price as integral thereto. The value of any alternative use to which such technology, software or equipment can be put for public use shall not be deducted from the original face value of the said bid. NOTWITHSTANDING THE REQUIREMENT UNDER SECTION 23.4.1.3 OF THE IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 9184, FOR THE SOLE PURPOSE OF PROCURING SUPPLIES, EQUIPMENT, MATERIALS, SOFTWARE, FACILITIES, AND OTHER HES SERVICES, UNDER THIS CODE, THE PROSPECTIVE BIDDER MUST EITHER:

1) HAVE COMPLETED WITHIN THE PERIOD SPECIFIED IN THE INVITATION TO BID, A SINGLE LARGEST COMPLETED CONTRACT THAT IS SIMILAR TO THE CONTRACT TO BE BID, AND WHOSE VALUE, ADJUSTED TO CURRENT PRICES USING THE PHILIPPINE STATISTICS AUTHORITY CONSUMER PRICE INDICES, MUST AT LEAST BE FIFTY PERCENT (50%) OF THE APPROVED BUDGET OF CONTRACT; OR 2) HAVE PROVEN FINANCIAL, TECHNICAL, AND ORGANIZATIONAL CAPACITY TO CONDUCT SUCH EXERCISE. THIS IS TO ENSURE THAT THE BIDDING AND PROCUREMENT SHALL NOT UNREASONABLY LIMIT COMPETITION AND INEQUITABLY BAR PARTICIPATION OF CAPABLE SUPPLIERS, MANUFACTURERS, DISTRIBUTORS, AND SERVICE PROVIDERS." "SEC. [13] 14. Continuity Plan. - The [AES] HES shall be so designed to include a continuity plan in case of a systems breakdown or any such eventuality which shall result in the delay, obstruction or nonperformance of the electoral process. Activation of such continuity and contingency measures shall be undertaken in the presence of representatives of political parties and citizens' arm of the Commission who shall be notified by the election officer of such activation. All political parties and part-lists shall be furnished copies of said continuity plan at their official addresses as submitted to the Commission. The list shall be published in at least two newspapers of national circulation and shall be posted at the public website of the Commission at least fifteen (15) days prior to the electoral activity concerned."

SEC. 12. New Sections 15 and 16 are hereby inserted into Republic Act No. 8436,

as amended, to read as follows, and all subsequent sections re-numbered accordingly: "SEC. 15. CITIZENS' PARTICIPATION IN THE CONDUCT OF THE ELECTIONS - THE COMMISSION SHALL ENCOURAGE THE FORMATION OF NON-PARTISAN CITIZENS' GROUPS AS PEOPLE'S ORGANIZATIONS TO BE ACCREDITED AND EMPOWERED BY THE COMMISSION TO PERFORM THE FOLLOWING FUNCTIONS: (1) TO CONDUCT A PARALLEL BUT UNOFFICIAL COUNT OF ELECTION RESULTS. (2) TO OBSERVE AND REPORT TO THE COMMISSION ANY VIOLATION OF THIS ACT IN ANY AND ALL PARTS OF THE ELECTORAL PROCESS WHERE THE PUBLIC HAS A RIGHT TO OBSERVE THE IMPLEMENTATION OF THIS ACT, IN ORDER TO

ENSURE THE TRANSPARENCY, VERACITY AND SECURITY OF THE ELECTORAL PROCESS. TO RENDER ASSISTANCE TO VOTERS IN SUCH MATTERS AS REGISTERING TO VOTE, FINDING THEIR ASSIGNED PRECINCTS, ADVISING THEM ON THEIR CONDUCT AND BEHAVIOR WHEN VOTING, THEIR RIGHTS, PRIVILEGES AND RESPONSIBILITIES AS VOTERS, AND SUCH OTHER ASSISTANCE THAT THE COMMISSION MAY ASSIGN THEM TO PERFORM. "SEC. 16. PUBLIC WEBSITE OF THE COMMISSION. - THE COMMISSION SHALL OPEN A NEW PAGE/S IN ITS EXISTING WEBSITE THAT WILL CONTAIN AND SHOW TO THE GENERAL PUBLIC THE ELECTORAL RETURNS AS THEY ARE ELECTRONICALLY TRANSMITTED TO ITS COMPUTER SERVERS. THESE ELECTORAL RETURNS ARE TO BE SHOWN INDIVIDUALLY AND INDICATE THEIR ORIGIN BY PRECINCT, BARANGAY, CITY/ MUNICIPALITY, DISTRICT, PROVINCE, AND REGION. THEY SHOULD BE COMPLETELY SECURED FROM HACKING, ALTERATIONS, AND MANIPULATIONS, PROVIDED THAT, THE COMMISSION ITSELF CAN USE THESE ELECTION RETURNS TO CONSOLIDATE THE VOTING RESULTS INTO AN OFFICIAL CANVASS THAT CAN BE ALSO VIEWED BY THE GENERAL PUBLIC AS PART OF ITS DUTY TO MAKE THE ELECTIONS TRANSPARENT AND CREDIBLE."

SEC. 13. Section 14 of Republic Act No. 8436, as amended, is hereby further

amended to read as follows: "SEC. [14] 17. Examination and Testing of Equipment or Device of the LAES] HES, and Opening of the HES Source Code AND/OR SOFTWARE for Review. - The Commission shall allow the political parties and candidates or their representatives, the citizens' arms or their representatives to examine and test the equipment or devices to be used in the voting and counting on the day of the electoral exercise, before voting starts. Test ballots and test forms shall be provided by the Commission. Immediately after the examination and testing of the equipment or devices, the parties and candidates or their representatives, the citizens' arms or their representatives, 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 minutes of voting. Once a[A] [AES] HES technology is selected for implementation, the Commission shall promptly make the source code AND/OR THE SOFTWARE of that technology available and open to any interested political party or groups which may conduct their own review thereof, AND THENCE SUBMIT THEIR COMMENTS TO THE COMMISSION FOR APPROPRIATE ACTION.

SEC. 14. Section 15 of Republic Act No. 8436, as amended, is hereby further

amended to read as follows: "SEC. [15.] 18. 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 alt candidates 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 indicated using the same type size. The maiden or married name shall be listed in the official ballot, as preferred by the female candidate. Under each proposition to be vote upon, the choices should be uniformly indicated using the same font and 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 using 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.] (A) BALLOTS FOR NATIONAL, LOCAL, AND BANGSAMORO AUTONOMOUS REGION ELECTIONS, WHETHER REGULAR OR SPECIAL, PLEBISCITES, INITIATIVES, REFERENDA, AND RECALL ELECTIONS SHALL BE PAPER-BASED, UNIFORM SIZED, AND SHALL BE PRESCRIBED BY THE COMMISSION, TAKING INTO ACCOUNT ENVIRONMENTAL CONSIDERATIONS, WITH A REASONABLE MINIMUM PAPER SIZE AND, AS FAR AS PRACTICABLE, USING ONLY RECYCLED PAPER. THEY SHALL BE PRINTED IN BLACK INK ON SECURITY PAPER WITH DISTINCTIVE, CLEAR, AND LEGIBLE WATERMARKS THAT WILL READILY DISTINGUISH THEM FROM ORDINARY PAPER. EACH

BALLOT SHALL BEAR A SERIAL NUMBER AND A BAR CODE, WHICH CAN BE SCANNED FOR THE PURPOSE OF PROJECTING THE DIGITAL IMAGE OF THE BALLOT AND FOR ITS AUTHENTICATION. IT SHALL BEAR AT THE TOP MIDDLE PORTION THEREOF THE COAT-OF-ARMS OF THE REPUBLIC OF THE PHILIPPINES, THE WORD "OFFICIAL BALLOT", THE NAME OF THE CITY OR MUNICIPALITY AND PROVINCE IN WHICH THE ELECTION IS TO BEHELD, AND THE DATE OF THE ELECTION. (B) THE OFFICIAL BALLOT SHALL BE SERIALLY NUMBERED AND SHALL BE DELIVERED TO, AND CORRESPOND TO, SPECIFIC PRECINCTS OR CLUSTER OF PRECINCTS, AS THE CASE MAY BE, WHICH SHALL HAVE CORRESPONDING AND EXCLUSIVE BALLOT IDENTIFICATION NUMBERS SEPARATE FROM THE SERIAL NUMBER OF THE INDIVIDUAL BALLOTS. FOR PURPOSES OF TRANSPARENCY, THE BALLOT IDENTIFICATION NUMBERS AND THE SERIAL NUMBER OF THE BALLOTS CORRESPONDING TO EACH PRECINCT OR CLUSTER OF PRECINCTS, AS THE CASE MAY BE, SHALL BE MADE AVAILABLE FOR VIEWING BY INTERESTED PARTIES ON THE PUBLIC WEBSITE OF THE COMMISSION AT LEAST FIVE (5) DAYS BEFORE THE ELECTIONS. (C) A DIGITAL IMAGE OF A SAMPLE OFFICIAL BALLOT MAY BE AVAILABLE FOR VIEWING AND DOWNLOADING FROM THE COMMISSION'S WEBSITE, MINUS THE SECURITY FEATURES, AND ACTUAL BAR CODES FOR AUTHENTICATION. (D) THE OFFICIAL BALLOT SHALL CONTAIN THE TITLES OF THE POSITIONS TO BE FILLED AND/OR THE POSITIONS TO BE VOTED UPON IN AN INITIATIVE, REFERENDUM, OR PLEBISCITE. UNDER EACH POSITION TO BE FILLED, THE NAMES OF CANDIDATES SHALL BE ARRANGED ALPHABETICALLY BY SURNAME AND UNIFORMLY INDICATED USING THE SAME TYPE SIZE. THE MAIDEN OR MARRIED NAME SHALL BE LISTED IN THE OFFICIAL BALLOT, AS PREFERRED BY THE FEMALE CANDIDATE. UNDER EACH PROPOSITION TO BE VOTED UPON, THE CHOICES SHOULD BE UNIFORMLY INDICATED USING THE SAME FONT AND SIZE. OPPOSITE THE NAME OF THE CANDIDATE OR THE PROPOSITION TO BE VOTED UPON, AS THE CASE MAY BE, SHALL BE A SQUARE OR RECTANGLE, ON WHICH THE VOTER WILL PLACE A SINGLE VERTICAL MARK TO REGISTER A VOTE FOR SUCH CANDIDATE OR PROPOSITION. (E) A FIXED SPACE WHERE THE CHAIRMAN OF THE BEI 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 period shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of candidacy: Provided, That, unlawful 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 officiat candidate within thirty (30) days before the start of the period for filing certificate of candidacy.] (F) THE FOREGOING PROVISIONS NOTWITHSTANDING, THE COMMISSION IS HEREBY AUTHORIZED TO PRESCRIBE A DIFFERENT FORM OF OFFICIAL BALLOT ON THE SAME WATERMARKED SECURITY PAPER TO FACILITATE VOTING BY PERSONS WITH DISABILITIES AND BY PERSONS WHO ARE UNABLE TO READ OR WRITE ONLY. THE COMMISSION SHOULD USE OR ADOPT THE LATEST TECHNOLOGICAL AND ELECTRONIC DEVICES IN CONNECTION THEREWITH, AS TO ENABLE SUCH VOTERS TO CONFIRM THAT THE ACCOMPANYING PERSON TRULY ADHERED TO THE VOTER'S CHOICE OF CANDIDATES. (G) [With respect to a paper based election system, thel THE PRINTING OF THE official ballots shall be [printed] DONE by the National Printing Office and/or the Bangko Sentral ng Pilipinas [at the price comparable with that of private printers under proper security 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 Pilipinasthat 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 distribution of official ballots] USING THE PRINTING MACHINES THEY OWN, AND SHALL NOT BE CONTRACTED OUT OR OUTSOURCED TO ANY PRIVATE OR PUBLIC PERSON, ENTITY, OR AGENCY. "(H) 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 ballot. "(I) The official ballots shall be printed and distributed to each city/municipality at the rate of one ballot for every registered voter with a provision of additional three ballots per precinct."

SEC. 15. Section 21 of Republic Act No. 8436, as amended, is hereby further

amended to read as follows: "SEC. [21] 24. Counting Procedure. - The Commission shall prescribe the EXACT manner and procedure of counting the votes under the [automated system] HES, BUT GENERALLY FOLLOWING THESE GUIDELINES: (1) THE CHAIRMAN OF THE BEI IN EACH PRECINCT READS THE BALLOT AND THE VOTE IS MANUALLY RECORDED INTO THE PRINTED ELECTION RETURNS FORM. (2) AT THE SAME TIME, USING A LAPTOP COMPUTER, A PARALLEL COUNT IS TO BE CONDUCTED, WHERE THE VOTE JUST READ BY THE CHAIRMAN OF THE BEI IS RECORDED INTO AN ELECTRONIC/DIGITAL ELECTION RETURN IN THE SAME FORMAT AS THE PRINTED ELECTION RETURNS, BY ADDING "1" TO THE VOTES GARNERED BY EACH CANDIDATE. (3) THIS ELECTRONIC/ DIGITAL ELECTION RETURN IS TO BE PROJECTED ON A WALL OF THE COUNTING CENTER USING WHATEVER APPROPRIATE EQUIPMENT AND TECHNOLOGY IS AVAILABLE, IN THE SIGHT OF THE PUBLIC IN ATTENDANCE AT THE COUNTING, SO THAT THEY COULD ALL CLEARLY SEE THE RUNNING TOTAL VOTES OF EACH CANDIDATE ON THE BALLOT. (4) IF THERE IS A DISCREPANCY OF AT MOST TWO PERCENT (2%) OF THE TOTAL NUMBER OF VOTES CAST BETWEEN THE PRINTED ELECTION RETURNS AND THE ELECTRONIC/DIGITAL RETURNS, AN AUTOMATIC RECOUNT SHALL BE UNDERTAKEN FOR THAT POSITION ONLY; PROVIDED FURTHER, THAT THE COMMISSION SHALL DEPLOY SUFFICIENT NUMBER OF TECHNICAL PERSONNEL TO ASSIST THE ELECTORAL BOARD IN SUCH RECOUNT. (5) IT SHALL BE THE DUTY OF THE PUBLIC OBSERVING THE COUNTING OF THE BALLOTS, IN PARTICULAR THE ACCREDITED CITIZENS' GROUPS, TO POINT OUT TO THE BEI ANY OBSERVED ERRORS OR DISCREPANCIES THEY OBSERVE IN THE COUNTING. PROVIDED, THAT, IN NO INSTANCE, SHOULD THE PUBLIC DISRUPT OR CAUSE THE DISRUPTION OF THE PROCEEDINGS WITHIN THE PRECINCT OR COUNTING CENTER. (6) THE RECOUNT SHALL BE CONDUCTED BY ANOTHER READING OF THE RESPECTIVE VOTES GARNERED BY EACH CANDIDATE FOR THE POSITION IN QUESTION, BALLOT BY BALLOT. RECOUNTS LIKE THIS ARE TO BE RECORDED IN THE ELECTION RETURNS AS NEW RECORDINGS TO REPLACE THE OLD RECORDINGS.

(7) FINALLY, TWELVE (12) COPIES EACH OF THE ELECTRONIC/DIGITAL AND THE PRINTED ELECTION RETURNS SHALL BE PRINTED, READY FOR DISTRIBUTION ACCORDING TO

SECTION 18 OF THIS ACT."

SEC. 16. A new Section 25 is hereby inserted into Republic Act No. 8436, as

amended, to read as follows, and all subsequent sections re-numbered accordingly: "SECTION 25. LIVESTREAMING OR VIDEO RECORDING OF THE COUNTING. - THE COMMISSION SHALL ACCREDIT GROUPS WHO WISH TO LIVESTREAM OR RECORD A VIDEO OF THE MANUAL COUNTING OF VOTES AT THE PRECINCT LEVEL. THE RECORDED VIDEO OR LIVESTREAM MAY BE USED AS EVIDENCE IN ELECTORAL PROTESTS. NO PHOTO, RECORDED VIDEO, OR LIVESTREAM, WHETHER OFFICIAL OR UNOFFICIAL, TAKEN DURING ELECTION DAY OF ANY MEMBER OF THE BEI AND ANY OTHER PERSONNEL OF THE COMMISSION PERFORMING ELECTION DUTIES DURING ELECTION DAY SHALL BE USED TO DEFAME OR PUBLICLY SHAME SAID MEMBER OF THE BEI OR PERSONNEL OF THE COMMISSION IN SOCIAL MEDIA OR IN ANY OTHER PLATFORM, DIGITAL OR OTHERWISE. ANY VIOLATION OF THIS PARAGRAPH SHALL CONSTITUTE AS AN ELECTION OFFENSE UNDER THIS ACT AND SHALL BE PUNISHED IN ACCORDANCE WITH SECTION 264 OF B.P. 881, OTHERWISE KNOWN AS THE OMNIBUS ELECTION CODE OF THE PHILIPPINES (OEC)."

SEC. 17. Section 22 of Republic Act No. 8436, as amended, is hereby further

amended to read as follows: "SEC. [22] 26. Electronic Returns. - Each copy of the of the printed election returns UNDER THE HES shall bear appropriate control marks to determine the time and place of printing. Each copy shall be signed and thumbmarked by all the members of the board of election inspectors and the watchers present. If any member of the board of election inspectors present refuses to sign, the chairman of the board shall note the same in each copy of the 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 in each copy of the election return by any member of the board of election inspectors shall be punishable as provided in this Act. The chairman of the board shall then publicly read and announce the total numbers of

registered voters, the total number of voters who actually voted and the total numbers of votes obtained by each candidate based on the election returns AND WHETHER THERE IS A DISCREPANCY BETWEEN THE RESULTS OF THE DIGITALIZED ELECTION RETURNS AND THE PRINTED ELECTION RETURNS, AND THE DETAILS OF THE SAID DISCREPANCY, INCLUDING THE RESULT OF THE RECOUNT, IF ANY. Thereafter, the copies of the PRINTED election returns shall be sealed and placed in the proper envelopes for distribution as follows: A. In the election of president, vice-president, senators and party-list system; 1) The first copy shall be delivered to the city or municipal board of canvassers; 2) The second copy, to the congress, directed to the President of the Senate; 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 Commission in accordance with law; 6) The six 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 compartment of the ballot box for valid ballots[-1; 8) The eight copy to the Provincial Board of canvassers; AND [9) The ninth to the eighteenth copies, shall be given to the ten (10) accredited major national parties, excluding the dominant majority and minority parties, in accordance with a voluntary agreement among them. If no such agreement is reached, the Commission shall decide which parties shall receive the copies on the basis of the criteria provided in

Section 26 of Republic Act No. 7166;

10) The nineteenth and twentieth copies, to the two accredited major locat 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)] 9) The [twenty first to the twenty fourth] NINTH TO THE TWELFTH 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 organization 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 Representatives: 1) The First copy shall be delivered to the city or municipal board of canvassers; 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 Commission 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 inside 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; AND [9) The ninth to the eighteenth copies, shall be given to the ten (10) accredited major national parties, excluding the dominant majority and minority parties, in accordance with a voluntary agreement among them. If no such agreement is reached, the Commission shall decide which parties shall receive the copies on the basis of the criteria provided in

Section 26 of Republic Act No. 7166;

10) The nineteenth and twentieth copies shall be given 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 receive the copies on the basis of criteria analogous to that provided in Section 26 of republic Act No. 7166; 11)] 9) The [twenty first to the twenty fifth] NINTH TO THE TWELFTH 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, including the accredited citizens' arm, and other non partisan groups of organization 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 ALL the [eight copy] COPIES [is] ARE printed AND COMPLETED, the poll clerk shall announce [the posting of said copy] THAT THE RELEVANT COPIES FOR POSTING ARE BEING POSTED 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 returnS 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 AND COMPLETION of the DIGITAL election returns, the chairman of the board of election inspectors or any official authorized by the Commission shall, in the presence of watchers and representatives of the accredited citizens' arm, political parties/candidates, if any, electronically transmit THESE RETURNS [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 Brodkaster ng Pilipinas (KBP) AND THE CENTRAL COMPUTER SERVERS OF THE COMMISSION FOR UPLOADING AND PUBLISHING INTO THE PUBLIC WEBSITE OF THE COMMISSION. THE ELECTRONICALLY TRANSMITTED ELECTION RETURNS FROM THE PRECINCTS SHALL THEN BE CONSOLIDATED DIGITALLY/ ELECTRONICALLY INTO THE CITY/ MUNICIPALITY CANVASS BY MEANS OF THE SYSTEM APPROVED BY COMMISSION FOR USE IN THAT ELECTION. WITHIN ONE HOUR AFTER THE CONSOLIDATION IS COMPLETED for THE CITY/ MUNICIPAL CANVASS, THE MBOC SHALL CAUSE THE ELECTRONIC TRANSMISSION OF THE CANVASSING RESULTS TO THE PROVINCIAL BOARD OF CANVASSERS, WHILE THE CBOC SHALL CAUSE THE ELECTRONIC TRANSMISSION OF THE CANVASSING RESULTS TO THE NATIONAL BOARD OF CANVASSERS. COPIES OF THE SAME ELECTRONIC

CITY/MUNICIPAL CANVASS WILL ALSO BE TRANSMITTED TO THE DOMINANT MAJORITY AND MINORITY PARTY, THE ACCREDITED CITIZENS' COUNT, AND TO THE KAPISANAN NG MGA BRODKASTER 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 authorized by the commission to the district or provincial canvassing centers. ] The election returns transmitted electronically and digitally signed shall be considered as official election results and shall be used as the basis for the canvassing of votes and the proclamation of a candidate. PROVIDED, THAT IN CASE OF RECOUNT, AS PROVIDED UNDER SECTION 24 HEREOF, THE MANUALLY ACCOMPLISHED PRINTED ELECTION RETURN SUBJECT OF THE RECOUNT SHALL BE CONSIDERED, ALONG WITH THE UNAFFECTED ELECTRONICALLY TRANSMITTED AND DIGITALLY SIGNED ELECTION RETURNS. ["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.18. Section 25 of Republic Act No. 8436, as amended, is hereby further

amended to read as follows: "SEC. [25] 29. Canvassing by Provincial, City, District and Municipal Boards of Canvassers. - ESEC. 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 provincial officials and thereafter, proclaim the elected city or municipal officials, as the case may be. "The city board of canvassers of cities comprising one or more legistative districts shall canvass the votes for president, vice president, senators, members of the House Representatives and elective city officials by consolidating the certificates of canvass electronically transmitted or the results contained in the data storage devices used in the printing of the election returns. Upon

completion of the canvass, the board shall procedure the canvass of votes for president, vice president, and senators thereafter, proclaim the elected members of the House of Representatives and city officials. "In the Metro Manila area, each municipality comprising a legislative district shall have a district board of canvassers which shall canvass the votes for president, vice president, senators, members of the House of Representatives and elective municipal officials by consolidating the electronically transmitted results or the results contained in the data storage devices used in the printing of the election returns. Upon completion of the canvass, it shall produce the certificate of canvass of votes for president, vice president, and senators and thereafter, proclaim the elected 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 clected municipal officials. "The district board of canvassers of each legislative district comprising two municipalities in the Metro Manila area shall canvass the votes for president, vice president, senators and members of the House of Representatives by consolidating the certificates of canvass electronically transmitted from the city/municipal consolidating centers or the results contained in the data storage devices submitted by the municipal board of canvassers of the component municipalities. Upon completion of the canvass. It shall produce a certificate of the canvass votes for president, vice president, senators and thereafter, proclaim the elected members of the House of Representatives in the legislative district. "The district/provincial board of canvassers shall canvass the votes for president, vice president, senators, members of the House of Representatives and elective provincial officials by consolidating the results electronically transmitted from the city/municipal consolidating centers or the results contained in the data storage devices submitted by the board of canvassers of the municipalities 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 of provincial Board of Canvassers or the city board of canvassers of those cities which comprise one or more legistative districts shall electronicalty transmit the certificate of canvass to the commission sitting as the nationat 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 electronicatty and the results in the storage devices at the various levels of the boards of canvassers. "The certificates of canvass transmitted electronically and digitally signed shall be considered as official election results and shall be used as the basis for the proclamation of a winning candidate.") THE CITY OR MUNICIPAL BOARD OF CANVASSERS SHALL CANVASS THE VOTES FOR THE PRESIDENT, VICE-PRESIDENT, SENATORS, PARTY-LIST, MEMBERS OF THE HOUSE OF REPRESENTATIVES, ELECTIVE REGIONAL OFFICIALS, IF APPLICABLE, ELECTIVE PROVINCIAL OFFICIALS, AND ELECTIVE CITY OR MUNICIPAL OFFICIALS, AS THE CASE MAY BE, BY CONSOLIDATING THE ELECTRONICALLY TRANSMITTED ELECTION RETURNS EMANATING FROM THE VOTING CENTERS WITHIN THE CITY OR MUNICIPALITY, AS THE CASE MAY BE, USING THE TECHNOLOGIES APPROVED BY THE COMMISSION FOR USE IN THIS ELECTION. UPON COMPLETION OF THE CANVASS, IT SHALL ELECTRONICALLY PRINT AND COMPLETE THE CERTIFICATE OF CANVASS OF VOTES FOR PRESIDENT, VICE-PRESIDENT, SENATORS, PARTY-LIST, MEMBERS OF THE HOUSE OF REPRESENTATIVES, ELECTIVE REGIONAL OFFICIALS, IF APPLICABLE, AND ELECTIVE PROVINCIAL OFFICIALS, AND AND ELECTIVE THEREAFTER, PROCLAIM THE ELECTED CITY OR MUNICIPAL OFFICIALS, AS THE CASE MAY BE. FOR CITY BOARD OF CANVASSERS OF CITIES COMPRISING ONE OR MORE LEGISLATIVE DISTRICTS, IT SHALL ALSO PROCLAIM THE ELECTED MEMBERS OF THE HOUSE OF REPRESENTATIVES FOR SUCH DISTRICT OR DISTRICTS INCLUDED IT ITS JURISDICTION. WITHIN ONE HOUR OF COMPLETION OF CANVASS, THE CITY BOARD OF CANVASSERS OF CITIES THAT ARE NOT

PARTICIPATING IN THE ELECTION OF PROVINCIAL OFFICIALS SHALL ELECTRONICALLY TRANSMIT TO THE REGIONAL BOARD OF CANVASSERS, IF SUCH IS APPLICABLE, OR TO THE NATIONAL BOARD OF CANVASSERS, ITS DIGITALIZED CERTIFICATE OF CANVASS FOR CONSOLIDATION, WHILE THE BOARD OF CANVASSERS OF MUNICIPALITIES AND CITIES THAT ARE PARTICIPATING IN THE ELECTION OF PROVINCIAL OFFICIALS WILL ELECTRONICALLY TRANSMIT ITS DIGITALIZED CERTIFICATE OF CANVASS TO THE DISTRICT OR PROVINCIAL BOARD OF CANVASSERS, AS THE CASE MAY BE, FOR CONSOLIDATION. THE DISTRICT/PROVINCIAL BOARD OF CANVASSERS SHALL CANVASS THE VOTES FOR PRESIDENT, VICE-PRESIDENT, SENATORS, PARTY-LIST, MEMBERS OF THE HOUSE OF REPRESENTATIVES, ELECTIVE PROVINCIAL OFFICIALS, AND, IF ELECTIVE REGIONAL APPLICABLE, OFFICIALS, CONSOLIDATING THE CANVASSING RESULTS ELECTRONICALLY TRANSMITTED FROM THE MUNICIPAL AND CITY CONSOLIDATING CENTERS, USING THE TECHNOLOGIES APPROVED FOR USE IN THE ELECTION BY THE COMMISSION. UPON COMPLETION OF THE DISTRICT/PROVINCIAL CANVASS, IT SHALL PRODUCE THE CERTIFICATES OF CANVASS FOR PRESIDENT, VICE-PRESIDENT, SENATORS, PARTY-LIST, MEMBERS OF THE HOUSE OF REPRESENTATIVES, AND ELECTIVE REGIONAL OFFICIALS, IF APPLICABLE, AND THEREAFTER, PROCLAIM THE ELECTED MEMBERS OF THE HOUSE OF REPRESENTATIVES AND THE PROVINCIAL OFFICIALS. WITHIN ONE HOUR AFTER THE COMPLETION OF CANVASS, THE DISTRICT/PROVINCIAL BOARD OF CANVASSERS SHALL ELECTRONICALLY TRANSMIT TO THE REGIONAL OR NATIONAL BOARD OF CANVASSERS, AS THE CASE MAY BE, ITS DIGITALIZED CERTIFICATE OF CANVASS FOR CONSOLIDATION. THE REGIONAL BOARD OF CANVASSERS, IF SUCH BE APPLICABLE, SHALL CANVASS THE VOTES FOR PRESIDENT, VICE-PRESIDENT, SENATORS, PARTY-LIST, AND THE ELECTIVE REGIONAL OFFICIALS BY CONSOLIDATING THE DIGITALIZED CANVASSING RESULTS ELECTRONICALLY TRANSMITTED FROM THE PROVINCIAL AND THE CITY CANVASSING CENTERS, USING THE TECHNOLOGIES APPROVED FOR USE IN THAT ELECTION BY THE COMMISSION.

UPON COMPLETION OF THE CANVASS, IT SHALL PRODUCE THE CERTIFICATES OF CANVASS FOR PRESIDENT, VICE-PRESIDENT, SENATORS, PARTY-LIST, AND THEREAFTER PROCLAIM THE ELECTED REGIONAL OFFICIALS. WITHIN ONE HOUR OF COMPLETION OF CANVASS, IT SHALL ELECTRONICALLY TRANSMIT TO THE NATIONAL BOARD OF CANVASSERS ITS DIGITALIZED CERTIFICATE OF CANVASS FOR CONSOLIDATION. THE MUNICIPAL, CITY, DISTRICT, PROVINCIAL, AND WHENEVER APPLICABLE, REGIONAL CERTIFICATES OF CANVASS OF VOTES SHALL BE SUPPORTED BY A STATEMENT OF VOTES ISSUED BY AND SIGNED FOR BY THEIR RESPECTIVE BOARDS OF CANVASSERS. THE CHAIR AND MEMBERS OF THE COMMISSION, SITTING EN BANC, SHALL COMPRISE THE NATIONAL BOARD OF CANVASSERS FOR SENATORS AND THE PARTY-LIST. IT SHALL CONSOLIDATE THE CANVASSING RESULTS ELECTRONICALLY TRANSMITTED FROM THE CITY, PROVINCIAL AND REGIONAL, IF APPLICABLE, CONSOLIDATING CENTERS, USING THE TECHNOLOGIES APPROVED FOR USE IN THE ELECTION BY THE COMMISSION. UPON COMPLETION OF ITS CANVASS, IT SHALL PRODUCE THE CERTIFICATES OF CANVASS FOR SENATORS AND PARTY-LIST, AND THEREAFTER, PROCLAIM THE ELECTED MEMBERS OF THE SENATE AND PARTY-LIST. THE CONGRESS, IN JOINT SESSION, SHALL SIT AS THE NATIONAL BOARD OF CANVASSERS FOR THE PRESIDENT AND VICE-PRESIDENT, WITH ALL CERTIFICATES OF CANVASS TO BE DIRECTED TO THE PRESIDENT OF THE SENATE AS HEAD OF THIS JOINT SESSION. IT SHALL CONSOLIDATE THE CANVASSING RESULTS ELECTRONICALLY TRANSMITTED FROM THE CITY, PROVINCIAL AND REGIONAL, IF APPLICABLE, CONSOLIDATING CENTERS, USING THE TECHNOLOGIES APPROVED FOR USE IN THE ELECTION BY THE COMMISSION. UPON COMPLETION OF ITS CANVASS, IT SHALL PRODUCE THE CERTIFICATES OF CANVASS FOR PRESIDENT AND VICE-PRESIDENT, AND THEREAFTER, PROCLAIM THE WINNING CANDIDATES. 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, IF SUCH BE USED, AT THE VARIOUS LEVELS OF THE BOARDS OF CANVASSERS. THE DIGITALIZED CERTIFICATES OF CANVASS TRANSMITTED ELECTRONICALLY AND DIGITALLY SIGNED BY THE RESPECTIVE MEMBERS OF THE BOARDS OF CANVASSERS SHALL BE CONSIDERED AS OFFICIAL ELECTION RESULTS AND SHALL BE USED AS THE BASIS FOR THE PROCLAMATION OF A WINNING CANDIDATE: PROVIDED, THAT IN CASE OF A RECOUNT AS PROVIDED HEREOF UNDER SECTION 16 OF THIS ACT, THE COMMISSION SHALL DEVISE A SYSTEM WHERE THE RESULTS REFLECTED IN SAID CERTIFICATE OF CANVASS WILL BE ADJUSTED BASED ON THE RESULTS OF THE RECOUNT WITHOUT, HOWEVER, CHANGING THE ENTRIES IN SUCH ELECTRONICALLY TRANSMITTED AND DIGITALLY SIGNED CERTIFICATE OF CANVASS."

SEC. 19. Section 26 of Republic Act No. 8436, as amended, is hereby further

amended to read as follows: "SEC. [26] 30. Number of Copies of Certificates of Canvass of Votes and their distribution. - (a) The certificateS of canvass of votes UNDER THE HES, for president, vice-president, senators, members of the House of Representatives, parties, organization or coalitions participating under the party-list system, ELECTIVE REGIONAL OFFICIALS, and elective provincial officials shall be produced by the city or municipal board of canvassers and distributed as follows: (1) The first copy shall be delivered to the provincial board of canvassers for use in the canvass of election results for president, vice-president, senators, members of the House of Representatives, parties, organization or coalitions participating under the party-list system and elective provincial officials; (2) The second copy shall be sent to the Commission; (3) The third copy shall be kept by the chairman of the board; and (4) The fourth copy shall be given to the citizen arm designated by the Commission to conduct an unofficial count. It shall be the duty of the citizens' arm to furnish independent candidates' copies of the certificate of canvass at the expense of the requesting party. (5) The fifth copy to Congress, directed to the President of Senate; (6) The sixth copy to be posted on a wall within the premises of the canvassing center;

(7) The seventh and eighth copies shall be given to the dominant majority and minority parties; AND 18) The ninth to eighteenth copies shall be given to the ten (10) accredited major national parties, excluding the dominant majority and minority parties, in accordance with a voluntary agreement among them. If no such agreement is reached, the Commission shalt decide which parties shall receive the copies on the basis of the criteria provided in

Section 26 of Republic Act no. 7166;

"(9) The nineteenth and twentieth copies shall be given 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 receive the copies on the basis of criteria analogous to that provided in Section 26 of Republic Act No. 7166;] "[(10)] (8) The [twenty first to the twenty fifth] NINTH TO TWELFTH 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 organizations 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 certificateS of canvass at the expense of the requesting party. (b) The certificates of canvass of votes for president, vice-president [and], senators, parties, organization or coalitions participating under the party- list system AND ELECTIVE REGIONAL OFFICIALS shall be produced by the city boards of canvassers of cities comprising one or more legislative districts, by provincial boards of canvassers and by district boards of canvassers in the Metro Manila area, and 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 canvass 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

citizens' arm to furnish independent candidates copies of the certificate of canvass at the expense of the requesting party. (5) The fifth copy to Congress, directed to the President of the Senate; (6) The six copy to be posted on a wall within the premises of the canvassing center; (7) The seventh and eight copies to the dominant majority and minority parties; AND ["(8) The ninth and tenth copies to two accredited major national parties representing 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)] (8) The [eleventh to thirteenth] NINTH TO TWELFTH copies to broadcast media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible L; 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 AND COMPLETED by the REGIONAL, provincial, district, city or municipal boards of canvassers shall be signed and thumb marked by the chairman and members of the board and the principal watchers, if available. Thereafter, it shall be sealed and placed inside an envelope which shall likewise be properly sealed. In all instances, where the board of Canvassers has the duty to furnish registered political parties with copies of the certificate of canvass, the pertinent election returns shall be attached thereto, where appropriate. Immediately after the sixth copy and its supporting statement of votes are printed AND COMPLETED, the chairman of the board of canvassers shall announce the posting of said [prints] PRINTED AND COMPLETED COPIES 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 CertificateS of Canvass or the supporting 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 following the posting. After such period, the chairman of the board of canvassers shall detach the [election return] CERTIFICATES OF

CANVASS 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. 20. Sections 27, 28, and 29 of Republic Act No. 8436, as amended, are

hereby deleted.

SEC. 21. Section 31 of Republic Act No. 8436, as amended, is hereby further

amended to read as follows: "SEC. [31] 32. Stakeholder education and training. - The Commission shall, not later than six months before the actual [automated] election exercise WHERE THE HES IS INTENDED TO BE USED, undertake a widespread stakeholder education and training program, through newspaper of general circulation, radio, television, SOCIAL MEDIA 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] HES and inculcate values on honest, peaceful, orderly and informed elections. IN THIS FUNCTION, THE COMMISSION SHALL ENCOURAGE, EMPOWER AND ACCREDIT CITIZENS' GROUPS TO BE ITS OFFICIAL PARTNERS, IN ORDER TO REACH AS MANY OF THE FILIPINO NATION AS POSSIBLE. [Such] THIS STAKEHOLDER EDUCATION AND TRAINING program shall ensure the acceptance and readiness of the following stakeholders to understand and appreciate the benefits of the [AES] HES: 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] HES to cast their vote, as well as ITS general appreciation [of the AES]. All other stakeholders mentioned above will receive additional information in order to build a deeper understanding of the voting, counting, canvassing procedures, so that they may act NOT ONLY as advocates, BUT ALSO HELP TO SAFEGUARD THE INTEGRITY of the [AES] HES.

['"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 seminars, symposia, fora and other nontraditional means to educate the public and fully inform the electorate about the AES and inculcate values on honest, peaceful and orderly election."]"

SEC. 22. Section 33 of Republic Act No. 8436, as amended, is hereby amended

further to read as follows: "SEC. [33] 34. Joint Congressional Oversight Committee. - An JOINT CONGRESSIONAL Oversight Committee (JCOC) is hereby created composed of seven members each from the Senate and the House of Representatives, four of whom shall come from the majority and three from the minority, to monitor and evaluate the implementation of this Act. A written report to the Senate and the House of Representatives shall be submitted by the Advisory Council within six months from the date of election. The [eversight committee] JCOC shall conduct a mandatory review of this Act every twelve (12) months from the date of the last regular national or local elections TO ASSESS ANS EVALUATE THE PERFORMANCE OF THE HES TECHNOLOGIES IMPLEMENTED AND SHALL MAKE APPROPRIATE RECOMMENDATIONS TO CONGRESS, IN SESSION ASSEMBLED, THAT WILL FURTHER ENHANCE THE RELIABILITY, ACCURACY, SECURITY, AND TRANSPARENCY OF THE ELECTION RESULTS. ['"The oversight committee shall conduct a comprehensive assessment and evaluation of the performance of the different AES technologies implemented and shall make appropriate recommendations to Congress, in session assembled, specifically including the following: 1. An assessment and comparison of each of the AES technologies utilized, including their strengths, weakness, applicability or inapplicability in specific areas and situations; Z. An evaluation of their accuracy through a comparison of a random sample of the AES clection results with a manual tabulation, and the conduct of similar tests; 3. As to the scope of AES implementation in the subsequent elections, provide for recommendations as to whether any of the following should be adopted: "a. Further test application of the AES or a particular AES technology used in the 2007 elections, whether in the same or others areas; "b. An increase or enlargement of areas for implementation of the AES of 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 ebsolete, 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; of d) The testing or adoption of new technologies which may have emerged after the 2007 elections is needed.]

SEC. 23. Section 35 of Republic Act No. 8436, as amended, is hereby further

amended to read as follows: "SEC. [35] 36. 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] HES [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 information; "(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 declassified; "(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 returns; "(f) Refusal or failure to provide the dominant majority and dominant minority 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. 24. Appropriations. - Such amounts as may be necessary to implement

this Act shall be included in the budget of the Commission in the next succeeding General Appropriations Act.

SEC. 25. Separability Clause. - Should any portion of this Act be declared

unconstitutional, the other provisions or parts not affected thereby shall remain valid and effective.

SEC. 26. Repealing Clause. - All laws, decrees, orders, and issuances, or

portions thereof, which are inconsistent with the provisions of this Act, are hereby repealed, amended, or modified accordingly.

SEC. 27. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in two (2) newspapers of general circulation. Approved,