The Hybrid Election Act

Dits ofte TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES ) JUL 15 A11:15 First Regular Session RECENED U: SENATE S. No. — Introduced by Senator Robinhood Padilla AN ACT MANDATING THE ADOPTION OF MANUAL VOTING AND COUNTING AT THE PRECINCT LEVEL, AND AUTOMATED TRANSMISSION AND CANVASSING DURING THE NATIONAL, LOCAL, AND BANGSAMORO AUTONOMOUS REGION OF MUSLIM MINDANAO ELECTIONS AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 8436, AS AMENDED, AND FOR OTHER PURPOSES EXPLANATORY NOTE Suffrage is both a right and a civic duty of qualified citizens to participate in the electoral process by voting for national and local government officials, as well as in referenda on matters of public concern. While not mandatory, the exercise of suffrage is enshrined in the Constitution as a fundamental democratic guarantee. It is a right essential to the sovereign will of the people, without which democratic governance is rendered meaningless. It is therefore imperative that the electoral process safeguard the freedom of voters to cast their votes without coercion, intimidation, or improper inducement, and that the counting and canvassing of votes be conducted with the highest standards of integrity and transparency. In pursuit of the constitutional mandate to ensure clean, honest, orderly, and credible elections, the Philippines adopted an automated election system (AES) in 2010. This transition represented a significant step forward in electoral reform, reflecting the nation's aspiration for improved efficiency and reduced electoral fraud. While the adoption of automation was a bold and necessary reform, it was undertaken amid limited technical familiarity with the complexities of such systems.

Over time, however, the implementation of the AES has encountered persistent challenges. From the 2010 elections onwards, the system has been plagued by technical issues and logistical difficulties-problems which, although seemingly minor at first, have reportedly evolved into more serious concerns involving potential vulnerabilities, system manipulation, and alleged breaches of electoral law involving both the Commission on Elections (COMELEC) and its contracted service providers. Despite the perceived advantages of the AES in terms of speed and convenience, public trust in the system remains fragile. Questions continue to arise regarding its accuracy, transparency, and reliability-not only in the vote-counting stage but more critically during the canvassing and consolidation of results. The unexplained delays such as the "seven-hour glitch" during the 2019 National and Local Elections, along with recurring allegations of data breaches and hacking, have only deepened public skepticism about the integrity of automated electoral outcomes. In light of these concerns, there is a growing consensus that while automation brings benefits, it must be complemented by mechanisms that enhance transparency and ensure public confidence in the process. The proposed Hybrid Election System (HES) seeks to address this need by combining automated canvassing with parallel manual counting and verification procedures. This dual approach aims to preserve the efficiency of the AES while restoring trust through visible and verifiable processes. This proposal aligns with the legislative intent behind Republic Act No. 9369, or the Election Automation Law of 2007, which mandates the use of an automated election system starting from 2010, without foreclosing the potential for systems that enhance transparency and public trust. The HES model represents a practical and constitutional refinement of the current system. Accordingly, the enactment of this measure is earnestly sought to realize the collective aspiration for truly clean, honest, transparent, and credible elections. It is a timely and necessary reform-one that responds to legitimate public concerns and upholds the sanctity of the people's vote.

In view of the foregoing, the passage of this bill is earnestly sought.

TWENTIETH CONGRESS OF THE 25 JUL 15 A11:15 REPUBLIC OF THE PHILIPPINES First Regular Session RECEr 221 S. No. - Introduced by Senator Robinhood Padilla AN ACT MANDATING THE ADOPTION OF MANUAL VOTING AND COUNTING AT THE PRECINCT LEVEL, AND AUTOMATED TRANSMISSION AND CANVASSING DURING THE NATIONAL, LOCAL, AND BANGSAMORO AUTONOMOUS REGION OF MUSLIM MINDANAO ELECTIONS 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:

Section 1. Short Title. - This Act shall be known as the "The Hybrid Election

Act.

Sec. 2. Declaration of Policy. - It is the policy of the State to ensure honesty,

transparency and credibility in our national and local elections through the adoption of a hybrid system that uses a combination of manual casting of votes, manual counting of votes and electronic transmission of precinct-level election results to the consolidation and canvassing boards, stations or servers.

Sec. 3. Coverage. - The provisions of this Act shall be applicable to the conduct

of all national, local, and BARMM elections.

Sec. 4. Manner of Counting of Votes. - In addition to the requirement in the

fourth paragraph of Section 12 of the Republic Act No. 6646 and Section 21 of the Omnibus Election Code, in reading the official ballots during the counting, the chairman, the poll clerk and the third member shall assume such positions as to provide the watchers and the members of the public as may be conveniently

accommodated in the polling place, an unimpeded view of the ballot being read by the chairman, of the election return and the tally board being simultaneously accomplished by the poll clerk and the third member respectively, without touching any of these election documents. The table shall be cleared of all unnecessary writing paraphernalia. Any violation of this requirement shall constitute an election offense punishable under Sections 263 and 264 of the Omnibus Election Code. Before the start of the counting, the chairman shall first ascertain whether the back of every ballot contains the signatures of the chairman and watchers. Any ballot without such signatures shall be rejected. a. The chairman shall first read the votes for national positions and party list choices, and the necessary election returns shall be filled out for such positions only, thereby reducing the time for counting, as well as the size of the paper to be utilized for the election returns. Thereafter, the members of the Board shall terminate the counting and prepare the election returns as they await distribution to the authorized watchers, as provided under Section 8 hereof. b. After the reading of the votes for the national positions and the party list, the Chairman shall then proceed with the reading of the votes for the local positions and the corresponding election return shall be filled out and prepared and distributed as provided in Section & hereof. Any violation of this Section, or any of its pertinent portions, shall constitute an election offense and shall be penalized in accordance with Batas Pambansa Big. 881.

Sec. 5. Counting of Votes Shall be Public. - As soon as the voting is concluded,

the BEIs shall publicly count in the polling precinct the votes cast and ascertain the results. The board may rearrange the physical set up of the polling precinct for purposes of the counting or perform any other activity in respect thereof. However, it can do so only in the presence of the accredited watchers and within close view of the public. At all times, the ballot box and all election documents and paraphernalia shall be within close view of the accredited watchers and the public. The BEls shall not adjourn, postpone or delay the counting until it shall have been fully completed, unless otherwise ordered by the Commission.

The Commission, in the interest of free, orderly, honest, transparent and credible elections, may authorize the BEIs to count the votes and to accomplish the election return and other forms prescribed under the Omnibus Election Code in any other place within a public building in the same municipality or city on account of imminent danger of widespread violence or similar causes of comparable magnitude: Provided, that the transfer shall have been recommended in writing by the BEIs by unanimous vote and endorsed in writing by the majority of the accredited watchers present: Provided, further, that the said public building shall not be located within the premises of or inside a military or police camp, reservation, headquarters, detachment or field office nor within the premises of a prison or detention facility or any law enforcement or investigation agency. Any violation of this Section, or any of its pertinent provisions, shall constitute an election offense and shall be penalized in accordance with the Omnibus Election Code and other pertinent election laws.

Sec. 6. Election Returns. - The BEIs shall prepare and accomplish the election

return simultaneously with the counting of the votes in the polling precinct as prescribed in Section 210 of the Omnibus Election Code. The recording of the votes shall be made as prescribed in the 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 thumb mark of the right hand of all the members, likewise to be affixed in full view of the public, immediately after the last vote recorded or immediately after the name of the candidate who did not receive any vote. The election returns shall also show the date of the election, the established precinct, the barangay and the city or municipality in which it was held, the total number of ballots found inside the ballot box, the total number of excess ballots, the total number of spoiled, marked or void ballots, and the total number of votes obtained by each candidate. These pieces of information shall be written in words and in figures and, at the end thereof, the BEIs shall certify that the contents are correct. The election returns for national positions and party-list representatives shall be accomplished in a single sheet of paper. Additional sheets may be used for

regional and local positions which shall be prepared in the same manner as the first sheet and likewise certified by the BEIs. The Commission shall take the necessary steps so that the entries on the first copy of the election returns are clearly reproduced on the second, third, fourth, fifth and sixth copies thereof. For this purpose, the Commission shall use a special kind of paper.

Sec. 7. Electronic Election Returns. - Simultaneous with the manual counting

of the votes and the filling out of the printed election return forms, there shall be independent technical personnel who shall enter the votes, as they are manually counted, into an electronic spreadsheet, which shall serve as the electronic election returns, in an appropriate electronic device provided for the purpose. The recording of the votes in real-time in the appropriate electronic device shall be open for the accredited watchers to validate and the public to observe. The electronic election return shall be equipped with such programs and encryption algorithms as to ensure that the technical personnel, or any other person, cannot make alterations in any of the entries therein, or the results of the counting of votes, except in case of discrepancy with the manual or printed election return as provided herein. It shall also bear a serial number that is uniquely assigned to the particular polling precinct. The appropriate electronic device shall be configured to confine its operation only for this purpose and to transmit the results of the counting to the consolidation and canvassing board, station or server. Immediately upon the accomplishment of the manual election return, the poli clerk shall announce the posting of the second copy of the said election return on a wall with sufficient lighting within the premises of the polling precinct. He shall then proceed to do the same in the presence of the other members of the BEls, the accredited watchers and those present in the polling precinct. He shall also take a digital image of the second copy as announced and posted, and save the same in the storage device of the appropriate electronic device used in the counting of the votes.

The independent technical personnel shall print one copy of the electronic election return as filled out, and the BEls and the accredited watchers shall authenticate the same by comparing the results as printed with the second copy of the manual election return as announced and posted. Should the results of the electronic election return be found to be the same as that of manual election return, the BEls and the accredited watchers shall affix their signatures and thumbprints in the spaces provided for and the same shall be deposited inside the ballot box. Should there be any discrepancy between the electronic and the manual election returns, the results in the manual election return shall prevail. However, for purposes of electronic transmission, all the members of the BEIs shall add their mandatory separate and individual digital signatures into the electronic document using the appropriate electronic device to allow the necessary corrections in the electronic election return to conform to the results as reflected in the manual election return. The erroneous electronic election return shall be torn in half lengthwise and deposited inside the ballot box. Thereafter, the technical personnel shall print a copy of the electronic election return as corrected and shall allow the BEls and the accredited watchers to scrutinize and authenticate the same as herein prescribed. When there is no more discrepancy in the results, the BEls and the accredited watchers shall affix their signatures and thumbprints, and the correct electronic election return shall be deposited in the ballot box. Finally, the board shall again enter their respective digital signatures to write- protect the memory card containing the digital election return and the image of the manual election return, and authorize the electronic transmission of the results to the various secure servers as prescribed herein. Once the printouts for the image of the manual election return have been generated, the poll clerk shall call the other members of the board to authenticate each printed copy by closely comparing the same with the election return posted on the wall in the presence of the watchers and within view of the public. If the Board finds each printed copy 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 printed copies may receive their copies at the polling place or counting center. Immediately upon the accomplishment of the election returns for local position, the second copy of the same shall be posted on a wall with sufficient lighting within the premises of the polling place. The digital election return shall be printed out and authenticated as prescribed above for the national positions. The other copies of election return 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 a particular polling place shall not be canvassed and shall be declared as spurious and fake and shall be a ground for a pre-proclamation controversy. This is to be determined by the Board of Canvassers prior to its canvassing on the basis of the certification of the provincial, city or municipal treasurer as to the 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 BEIs 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 BEI concerned to complete the returns. The citizen's arm is mandated to present for perusal its copy of the election return to the board of election canvassers upon the request of any interested candidate. Any violation of this section or its pertinent portion, shall constitute an election offense and shall be penalized in accordance with Batas Pambansa Bilang 881.

Sec. 8. Unofficial Count. - A copy of the electronic election return of the polling

precinct shall also be transmitted to the secure servers of the accredited citizens' arm which the Commission has authorized to set up an unofficial count center where the votes are consolidated and the results are announced to the public. The announcement or publication of the unofficial election results by such accredited citizens' arm shall be continuous and uninterrupted from the time of the first transmission until all transmissions shall have been completed. Any interruption for any reason shall be a ground for the revocation of its accreditation for at least three (3) successive national elections. Any interested candidate, political party or non-partisan groups or organizations enlisted by the Commission pursuant to Section 52(k) of the Omnibus Election Code may request in writing from the accredited citizens' arm the metadata of all the election returns as electronically transmitted by all the polling precincts to its secure servers. The accredited citizens' arm is hereby required to provide the metadata in Microsoft Excel format within three (3) days from receipt of the request. No such request shall be denied for any reason. The accredited citizens' arm is prohibited from charging any form of service fees for this purpose but the cost of the storage device shall be borne by the requesting person, party or organization. The accredited citizens' arm shall exercise full independence from any interested person, political party or organization, and the Commission and any of its contractors or service providers involving the elections. Any violation of this Section, or any of its pertinent provisions, shall constitute an election offense and shall be penalized in accordance with the Omnibus Election Code and other pertinent election laws.

Sec. 9. Copies and Distribution of Election Return. - The BEls shall prepare in

handwriting the election return in their respective polling precinct, in the number of copies herein provided, and in the form to be prescribed and provided by the Commission.

The chairman of the BEIs shall distribute the copies of the election return as follows: a) In the election for President, Vice-President, Senator, Representative and party-list representatives: 1. The electronic election return, mandatorily required to be digitally signed separately and individually by all the members of the BEIs, shall be electronically transmitted to the concerned board, station or server and the first copy of the manual election return, as digitally captured and printed, shall be delivered to the city or municipal board of canvassers immediately after the closing of the polling precinct; 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 Senate; 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' arm authorized by the Commission to conduct an unofficial count; Provide, however, that the accreditation of the citizens' arm shall be subject to the provisions of Section 52(k) of the Omnibus Election Code; and, 8. The eighth copy, to be deposited inside the ballot box. The copy of the election return posted on the wall shall be open for public viewing at any time of the day for seventy-two (72) hours following its posting. Any person may view or capture an image of the election return by means of any data capturing device. After the prescribed period for posting, the chairman of the BEls shall collect the posted election return and keep the same in his custody to be produced for image or data capturing as may be requested by any voter or for any lawful purpose as may be ordered by a competent authority.

Except for those copies which are required to be delivered, copies of election 2 return may be claimed at the polling precinct. Any unclaimed copy shall be brought 3 by the chairman of the BEls to the canvassing center where the recipients or their 4 representatives may claim them. Copies Remaining unclaimed at the canvassing 5 center shall be deemed placed in the custody of the chairman of the BEIs, who shall 6 produce them when requested by the recipient or his representative, or when ordered 7 by a competent authority. Eighteen (18) copies of the election return shall be printed, certified and distributed as follows: a) The first six (6) copies shall be given to the six (6) accredited major national parties in accordance with a voluntary agreement among them. In the absence of an agreement, 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; b) The next three (3) copies shall be given to the three (3) accredited major local parties in accordance with a voluntary agreement among them. In the absence of an agreement, 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; c) The next four (4) 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 (2) copies shall be given 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; e) The next two (2) copies shall be given to the accredited citizens' arm and other non-partisan groups or organizations enlisted by the Commission pursuant to Section 52(k) of the Omnibus Election Code; and, f) The last copy shall be given to the provincial board of canvassers. The certified print copies of the election return may be claimed at the polling precinct. Any unclaimed copy shall be brought by the chairman of the BEls to the

city or municipal canvassing center where the recipients or their representatives may claim them. Copies still unclaimed at the canvassing center shall be placed in the custody of the chairman of the BEIs who shall produce them when requested by the recipient or when ordered by a competent authority. Any provision of law to the contrary not with standing, any of the recipients of the print or electronic copies of the election return may conduct an unofficial consolidation of votes and may announce the results thereof to the public. It is mandatory for the Commission to post the electronic files of all election results from all the polling precincts in its official website for the public to view or download at any time of the day. Such posting shall be simultaneous with the electronic transmission of election returns from the polling precincts. The posting and availability to the public of such electronic files shall be continuous and without any significant interruption. Any Interruption exceeding three (3) days shall be considered significant for this purpose. The Commission shall maintain the electronic files for at least three (3) years from the date of posting. Any interested candidate, political party or non-partisan groups or organizations enlisted by the Commission pursuant to Section 52(k) of the Omnibus Election Code may request in writing from the Commission the metadata of all the election returns as electronically transmitted by all the polling precincts on the day of the election. The Commission is hereby required to provide the metadata in Microsoft Excel format within three (3) days from receipt of the request. No such request shall be denied for any reason. The Commission is prohibited from charging any form of service fees for this purpose but the cost of the storage device shall be borne by the requesting person, party or organization. Any violation of this Section, or any of its pertinent provisions, shall constitute an election offense and shall be penalized in accordance with the Omnibus Election Code and other pertinent election laws.

Sec. 10. Canvassing by the Provincial, City, District and Municipal Board of

Canvassers. -

a) The city or municipal board of canvassers shall canvass the electronically transmitted election returns for President, Vice-President, Senator, Representative and party-list representative, and for elective provincial and city or municipal officials. Upon completion of the canvass, the board shall announce the results of the election for national positions in the city or municipality, prepare the certificate of canvass for Representatives and elective provincial officials, and, thereafter, proclaim the elected city or municipal officials, as the case may be; b) The city board of canvassers of cities comprising one or more legislative districts shall canvass the electronically transmitted election returns for President, Vice-President, Senator, Representative, party-list representative and elective city officials. Upon completion of the canvass, the board shall announce the results of the election for national positions in the city, prepare the certificate of canvass for President, Vice-President, Senator and party-list representative, and, thereafter, proclaim the elected Representatives and city officials. 1. In the Metro Manila Area such municipality comprising a legislative district shall have a district board of canvassers which shall canvass the electronically transmitted election returns for President, Vice-President, Senator, Representative, party-list representative and elective municipal officials. Upon completion of the canvass, the board shall announce the results of the election for national positions in the municipality, prepare the certificate of canvass for President, Vice-President, Senator and party- list representative, and, thereafter, proclaim the elected Representative 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 electronically transmitted election returns for President, Vice- President, Senator, Representative, party-list representative and elective municipal officials. Upon completion of the canvass, the board shall announce the results of the election for national positions in the municipality, prepare

the certificate of canvass for President, Vice- President, Senator, Representative, party-list representative, and, thereafter, proclaim the elected municipal officials. 3. The district board of canvassers of each legislative district comprising two (2) municipalities in the Metro Manila Area shall canvass the certificate of canvass for President, Vice-President, Senator, Representative and party-list representative as electronically transmitted by the municipal board of canvassers of the component municipalities. Upon completion of the canvass, the board shall announce the results of the election for national positions in the district, prepare the certificate of canvass for President, Vice-President, Senator and party-list representative, and, thereafter, proclaim the elected Representative in the legislative district. c) The provincial board of canvassers shall canvass the certificate of canvass for President, Vice-President, Senator, Representative, party-list representative and elective provincial officials as well as plebiscite results, if any plebiscite is conducted simultaneously with the same election, as electronically transmitted by the city or municipal board of canvassers of component cities and municipalities. Upon completion of the canvass, the board shall announce the results of the election for national positions in the province, prepare the certificate of canvass for President, Vice- President, Senator and party-list representative, and, thereafter, proclaim the Representatives and provincial officials as well as the plebiscite results, if any. The canvassing of election returns or certificates of canvass, as the case may be, by the board of canvassers in a municipality, city, district or province shall be completed within two (2) hours from the time the board of canvassers officially convened for the purpose. In the conduct thereof, the board of canvassers shall project visibly each election return or certificate of canvass on a wall from which its contents shall be reading order that those present in the canvassing center will be

able to follow the progress of the canvassing process from beginning to end. The Commission shall utilize the appropriate projection equipment for this purpose. Immediately after the certificate of canvass is accomplished, the chairman of the board of canvassers shall announce the posting of the second copy thereof and its supporting statements of votes on a wall with sufficient lighting within the premises of the canvassing center. He shall then proceed to do the same in the presence of the other members of the board of canvassers, the accredited representatives and those 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 capturing device and thereafter, while in the premises of the canvassing center, immediately print the data so captured in eighteen (18) copies. The board of canvassers shall then authenticate each printed copy, in the presence of representatives and within public view, by closely comparing the same with the certificate of canvass or statements of votes, as the case may be, posted on the wall. If the board of canvassers finds each printed copy a faithful reproduction of the certificate of canvass or statements of votes as announced and posted, all members thereof shall annotate and sign a certification to that effect on the bottom front of each printed copy. Each certified printed copy shall be placed in an envelope provided for the purpose with corresponding serial number assigned to the particular canvassing center and sealed in the presence of the accredited representatives and the public. It shall be distributed as herein provided prior to the transmission of the electronic files of the certificate of canvass and its supporting statements of votes. The designated recipients of the certified printed copies may receive their copies at the canvassing center. The chairman of the board of canvassers shall transmit the electronic files of the certificate of canvass and its supporting statements of votes, which shall be mandatorily required to be digitally signed separately and individually by all the members of the board of canvassers, encrypted for security reasons and using a secured transmission device with authentication features, to the secured tabulation

system of the Commission and to the secure servers of the other designated recipients as herein provided. Any provision of law to the contrary not with standing, any of the recipients of the print or electronic copies of the certificate of canvass and its supporting statements of votes may conduct an unofficial consolidation of votes and may announce the results thereof to the public. Any violation of this Section, or any of its pertinent provisions, shall constitute an election offense and shall be penalized in accordance with the Omnibus Election Code and other pertinent election laws.

Sec. 11. Copies of Certificate of Canvas and their Distribution. - The number of

copies of the certificate of canvass to be prepared and their distribution shall be as follows: a) The certificate of canvass for President, Vice-President, Senator, Representative and elective provincial officials shall be prepared in eight (8) copies 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, Senator, Representative and elective provincial officials; 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 canvassing center; 4. The fourth copy shall be kept by the chairman of the board of canvassers; 5. The fifth copy shall be given the accredited citizens' arm designated by the Commission to conduct a media-based unofficial count; and, 6. The sixth, seventh and eighth copies shall be given to the representatives of three (3) of the six (6) major political parties in accordance with the voluntary agreement of the parties. In the absence of an agreement, the Commission shall decide which parties shall receive the said copies of the certificate of canvass on the basis of the criteria provided in Section 26 of

Republic Act No. 7166. The parties receiving such certificate of canvass shall have the obligation to furnish the other parties with authentic copies thereof with the least possible delay. b) The certificate of canvass for President, Vice-President and Senator shall be prepared in eight (8)copies by the city board of canvassers of cities comprising one or more legislative districts 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 canvass of election results for Senator; 3. The third copy shall be posted on a wall within the premises of the canvassing center; 4. The fourth copy shall be kept by the chairman of the board of canvassers; 5. The fifth copy shall be given to the accredited citizens' arm designated by the Commission to conduct a media-based unofficial count; and, 6. The sixth, seventh and eighth copies shall be given to the representatives of three (3) of the six (6) major political parties in accordance with the voluntary agreement of the parties. In the absence of an agreement, the Commission shall decide which parties shall receive the said copies of the certificate of canvass on the basis of the criteria provided in Section 26 of Republic Act No. 7166. The parties receiving such certificate of canvass shall have the obligation to furnish the other parties with authentic copies thereof with the least possible delay. The copy of the certificate of canvass posted on the wall shall be open for public viewing at any time of the day for seventy-two (72) hours following its posting. Any person may view or capture an image of the certificate of canvass. After the prescribed period for posting, the chairman of the board of canvassers shall collect the posted certificate of canvass and keep the same in his custody to be produced

for image or data capturing as may be requested by any voter or for any lawful purposes may be ordered by a competent authority. Except for those copies which are required to be delivered, copies of certificate 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 when requested by the recipient or when ordered by a competent authority. The eighteen (18) certified printed copies of the certificate of canvass for national positions shall be distributed as follows: a) The first six (6) copies shall be given to the six (6) accredited major national parties in accordance with a voluntary agreement among them. In the absence of an agreement, 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; b) The next three (3) copies shall be given to the three(3) accredited major local parties in accordance with a voluntary agreement among them. In the absence of an agreement, the Commission shall decide which parties shall receive the copies on the basis of the criteria analogous to that provided in

Section 26 of Republic Act No. 7166;

c) The next four (4) 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 (2) copies shall be given 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; e) The next two (2) copies shall be given to the accredited citizens' arm and other non-partisan groups or organizations enlisted by the Commission pursuant to Section 52(k) of the Omnibus Election Code; and, f) The last copy shall be kept in file by the chairman of the board of canvassers to be subsequently distributed as the national board of canvassers may direct.

The certified printed copies of the certificate of canvass may be claimed at the 2 canvassing center. Any Unclaimed copy shall be deemed placed in the custody of the 3 chairman of the board of canvassers who shall produce them when requested by the recipient or when ordered by a competent authority. It is mandatory for the Commission to post the electronic files of ali the certificates of canvass in its official website for the public to view or download at any time of the day. Such posting shall be simultaneous with the electronic transmission of the certificates of canvass from the boards of canvassers. The posting and availability to the public of such electronic files shall be continuous and without any significant interruption. Any Interruption exceeding three (3) days shall be considered significant for this purpose. The Commission shall maintain the electronic files for at least three (3) years from the date of posting. Any violation of this Section, or any of its pertinent provisions, shall constitute an election offense and shall be penalized in accordance with the Omnibus Election Code and other pertinent election laws.

Sec. 12. 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 Authenticity and Due Execution of Certificates of Canvass. - The Congress and the Commission en banc shall determine the authenticity and due execution of the submitted and electronically transmitted certificates of canvass for President and Vice-President, and Senators, respectively, accomplished, submitted and electronically transmitted to it by the boards of canvassers, on a showing that: a) Each certificate of canvass was executed, signed or digitally signed, as the case may be, and thumb marked by the chairman and the members of the board of canvassers and submitted and electronically transmitted or caused to be submitted and electronically transmitted to the Congress by them; b) Each certificate of canvass contains the names of all the candidates for President and Vice-President, or Senator, as the case may be, and their corresponding votes in words and in figures;

c) There exist no discrepancy in other authentic copies of the said document, or any of its supporting documents such as the statement of votes by city or municipality or by precinct, or discrepancy in the votes of any candidate in the words and figures therein; and, d) There exist no discrepancy in the votes of any candidate in the words and figures therein against the aggregate number of votes appearing in the election returns of polling precincts covered by the particular certificate of canvass: Provided, that certified printed copies of the election returns or certificates of canvass may be used for the purpose of verifying the existence of any discrepancy. When the certificate of canvass, duly certified by the board of canvassers of each province, city or 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 submit the election returns from the polling precincts that were not included in the certificate of canvass. Said election returns shall be submitted by personal delivery within twenty-four (24) hours from receipt of notice. When it appears that any of the supporting statement of votes of each province, city or 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 submit the election returns from the polling precincts that were not included in the supporting statement or votes. Said election returns shall be submitted by personal delivery within twenty-four (24) hours from receipt of notice. When it appears that any certificate of canvass including other duly certified printed copies thereof or supporting statements of votes by city or municipality or by polling precinct bears erasures or alterations which may cast doubt as to the veracity of the number of votes stated therein and may affect the result of the elections, upon the request of the presidential, vice-presidential senatorial candidates concerned or of his party, the Congress or the Commission en banc, as the case maybe, shall, for the sole purpose of verifying the votes as they appear in the copies of the election returns submitted and electronically transmitted to it, suspend the canvassing.

Any person who present in evidence a simulated copy of an election return, certificate of canvas or statement of votes, or printed copy of an election return, certificate of canvass or statement of votes bearing a simulated certification or a simulated image, shall be guilty of an election offense and shall be penalized in accordance with the Omnibus Election Code and other pertinent election laws.

Sec. 13. Communication Channels for Electronic Transmissions. - Electronic

transmission as defined herein shall be guided by the following: all electronic transmissions of election returns, certificates of canvass and other supporting or related documents shall only utilize the secure transmission channels as duly recommended by the Department of Science and Technology and the National Telecommunications Commission to ensure authentication and integrity of transmission. The Commission is hereby authorized to procure the necessary equipment, facilities and services for installing the electronic transmission infrastructure in order to effectively and securely implement the provisions of this act. Electronic transmissions of the election returns and such other supporting or related documents from the polling precincts shall be forwarded to the Commission and to the national broadcast or print media entities as may be equitably determined by the Commission.

Sec. 14. Pre-proclamation controversy. - In case of any discrepancy,

incompleteness, erasures or alterations as mentioned herein, the procedures on pre- proclamation controversies as provided in Sections 17,18, 19 and 20 of Republic Act No. 7166 shall be adopted and applied.

Sec. 15. Tampering of Election Servers. - The accredited citizens' arm

authorized by the Commission to set up an unofficial count center and all of its officials shall be equally liable for the acts of any person who shall tamper, alter, manipulate, abuse, interfere, intrude or misuse its secure servers used in receiving the transmissions of the electronic election results, in the consolidation of the votes, and in the publication and announcement of the results thereof to the public.

All the members of the Commission and its Executive Director shall be equally liable for the acts of any person who shall tamper, alter, manipulate, abuse, interfere, intrude or misuse the electronic devices and/or secure servers used in sending and/or receiving the transmissions of the electronic election results, the certificates of canvass, the statements of votes and other supporting or related documents; in the consolidation and canvassing of the votes; and, in the publication and announcement of the results thereof to the public. The act of tampering, altering, manipulating, abusing, interfering, intruding or misusing the electronic devices and/or secure servers as herein provided shall constitute a prima facie evidence of electoral sabotage and a conspiracy to commit massive electoral fraud.

Sec. 16. Election Offenses under this Act. - In Addition to the violation of the

pertinent provisions of this Act, the following shall also constitute election offenses: a) Any person who removes the election return that is posted on the wall, whether within or after the prescribed seventy-two (72) hours of posting or defaces the same in any manner; b) Any person who simulates an actual election return, or a print or electronic copy thereof; c) Any person who simulates the certification in a printed copy of an election return; d) The chairman or any member of the BEIs who, during the prescribed 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 BEIs who signs or authenticates a printed copy of the election return outside of the polling precinct; f) The chairman or any member of the BEls who signs or authenticates a printed copy which bears an image different from the election return produced after the counting and posted on the wall;

g) Any person who removes the certificate of canvass that is posted on the wall, whether within or after the prescribed seventy-two (72) hours of posting or defaces the same in any manner; h) Any person who simulates an actual certificate of canvass or statement of votes, or a print or electronic copy thereof; i) Any person who simulates the certification in a certificate of canvass or statement or votes; j) The chairman or any member of the board of canvassers who, during the prescribed period of posting, removes the certificate of canvass or its supporting statement of votes from the wall on which they have been posted other than for the purpose of immediately transferring them to a more suitable place; k) The chairman or any member of the board of canvassers who signs or authenticates a printed copy of the certificate of canvass or its supporting statement of votes outside of the canvassing center; and, 1) The chairman or any member of the board of canvassers who signs or authenticates a printed copy that bears an image different from the certificate of canvass or statement of votes produced after the canvassing and posted on the wall.

Sec. 17. Project Management Office. - The Commission shall set up a

permanent Project Management Office which shall be directly responsible and vested with such powers and authority necessary for the installation, activation, monitoring, and supervision of the entire election infrastructure to insure glitch-free, clean, honest, transparent, and credible elections. The Project Management Office shall be headed by a member of the Commission and assisted by its Executive Director. It shall have other members as the Commission deems fit and necessary: Provided, that it shall include as members thereof one representative each from the Department of Science and Technology, the National Telecommunications Office, and an accredited citizens' arm not otherwise authorized to conduct the unofficial count. It shall also have at least three (3) independent members who shall be selected by drawing of lots from among

interested qualified applicants as recommended by election advocacy groups. The term of office of the members thereof shall be three (3) years. Any violation of this Section, or any of its pertinent provisions, shall constitute an election offense and shall be penalized in accordance with the Omnibus Election Code and other pertinent election laws.

Sec. 18. Source Code Review. - Once a HES 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 any group which may conduct their own review thereof. The said review shall not be curtailed or restricted in any way. The Commission shall not in any way curtail the right of such interested political parties or groups in making known to the public their observations, findings, or comments about the results of their own review of the source code. Any violation of this Section, or any of its pertinent provisions, shall constitute an election offense and shall be penalized in accordance with the Omnibus Election Code and other pertinent election laws.

Sec. 19. Continuity Plan. - The HES shall be so designed as to include a

continuity plan in case of systems breakdown or any such eventuality which shall result in the delay, obstruction or nonperformance of the electoral process. Activation of such contingency or continuity measures shall be undertaken in the presence of representatives of political parties and accredited citizens' arms who shall be notified by the Commission or the election officer, as the case may be, of such activation. All political parties and party-list organizations shall be furnished copies of said continuity plan at their official addresses as submitted to the Commission. The contingency or continuity measures shall be published in at least two (2) newspapers of national circulation and shall be posted on the official website of the Commission at least fifteen (15) days prior to the electoral activity concerned.

Sec. 20. Procurement of Equipment and Materials. - The Commission shall

prescribe the technical specifications for the electronic devices, computer programs,

security and encryption technologies, and other related electronic technologies to be used for the effective and secure implementation of this Act, with an aim to ensure free, orderly, peaceful, clean, honest, transparent and credible elections and the speedy determination of the true results thereof. The Commission is hereby authorized to procure by purchase, in accordance with existing laws, equipment, software, facilities, supplies, materials and other services, from local sources free from taxes and import duties, subject to accounting and auditing rules and regulations. The transmission system or infrastructure procured must have successfully passed the applicable tests prior to their actual deployment for election purposes. Notwithstanding the provisions of Republic Act No. 12009 and its implementing rules and regulations, no bidder shall be disqualified from participating in the procurement of equipment and materials for failing to comply with the Single Largest Completed Contract requirement thereof. Any violation of this Section, or any of its pertinent provisions, shall constitute an election offense and shall be penalized in accordance with the Omnibus Election Code and other pertinent election laws.

Sec. 21. Appropriations. - The Congress shall provide the necessary

appropriations in a supplemental budget or general appropriations act, as the case may be, without delay and for purposes of the national, local, and BARMM elections.

Sec. 22. Implementing Rules and Regulations. - Immediately upon the approval

of this Act, the Commission shall formulate such rules and regulations that will effectively and securely implement this Act for purposes of the national, local, and BARMM elections.

Sec. 23. 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. 24. Repealing Clause. - All laws, presidential decrees, executive orders,

rules and regulations, resolutions, ordinances, or circulars or parts thereof which are inconsistent with the provisions of this Act are hereby repealed or modified accordingly or declared null and void and inoperative.

Sec. 25. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation. Approved,