Republic of the Philippines Congress of the Philippines Metro Manila Tenth Congress Begun and held in Metro Manila,

on Monday, the twenty-third day of July, two thousand seven. Republic Act No. 8436 Amended by RA 9369 December 22, !!"

AN ACT A#T$%R&'&N( T$) C%**&++&%N %N ),)CT&%N+ T% #+) AN A#T%*AT)D ),)CT&%N +-+T)* &N T$) *A, !!8 NAT&%NA, %R ,%CA, ),)CT&%N+ AND &N +#.+)/#)NT NAT&%NA, AND ,%CA, ),)CT%RA, )0)RC&+)+, PR%1&D&N( 2#ND+ T$)R)2%R AND 2%R %T$)R P#RP%+)+

Be it ena ted by the !enate and "ouse of Re#resentatives of the $hili##ines in %ongress assembled&& +ection . Decl3r3tion of polic4. - 't is the #oli y of the !tate to ensure free, orderly, honest, #ea eful and redible ele tions, and assure the se re y and san tity of the ballot in order that the results of ele tions, #lebis ites, referenda, and other ele toral e(er ises shall be fast, a urate and refle tive of the genuine will of the #eo#le. +ection 2. Definition of terms. - As used in this A t, the following terms shall mean& ). Automated ele tion system - a system using a##ro#riate te hnology for voting and ele troni devi es to ount votes and anvass* onsolidate results+ ,. %ounting ma hine - a ma hine that uses an o#ti al s anning*mar--sense reading devi e or any similar advan ed te hnology to ount ballots+

3. .ata storage devi e - a devi e used to ele troni ally store ounting and anvassing results, su h as a memory #a - or dis-ette+ /. %om#uter set - a set of e0ui#ment ontaining regular om#onents, i.e., monitor, entral #ro essing unit or %$1, -eyboard and #rinter+ 2. 3ational ballot - refers to the ballot to be used in the automated ele tion system for the #ur#ose of the May )), )994 ele tions. 5his shall ontain the names of the andidates for #resident, vi e-#resident, senators and #arties, organi6ations or oalitions #arti i#ating under the #arty-list system. 5his ballot shall be ounted by the ounting ma hine+ 6. 7o al Ballot - refers to the ballot on whi h the voter will manually write the names of the andidates of his*her hoi e for member of the "ouse of Re#resentatives, governor, vi egovernor, members of the #rovin ial board, mayor, vi e-mayor, and members of the ity*muni i#al oun il. 8or the #ur#ose of the May )), )994 ele tions, this ballot will be ounted manually+ 9. Board of :le tion 'ns#e tors - there shall be a Board of :le tion 'ns#e tors in every #re in t om#osed of three ;3< regular members who shall ondu t the voting, ounting and re ording of votes in the #olling #la e. 8or the #ur#ose of the May )), )994 ele tions, there shall be s#e ial members om#osed of a fourth member in ea h #re in t and a %=M:7:% re#resentative who is authori6ed to o#erate the ounting ma hine. Both shall ondu t the ounting and re ording of votes of the national ballots in the designated ounting enters+ 4. :le tion returns - a ma hine-generated do ument showing the date of the ele tion, the #rovin e, muni i#ality and the #re in t in whi h it is held and the votes in figures for ea h andidate in a #re in t dire tly #rodu ed by the ounting ma hine+

9. !tatement of votes - a ma hine-generated do ument ontaining the votes obtained by andidates in ea h #re in t in a ity*muni i#ality+ )>. %ity*muni i#al*distri t*#rovin ial ertifi ate of anvass of votes - a ma hine-generated do ument ontaining the total votes in figures obtained by ea h andidate in a ity*muni i#ality*distri t* #rovin e as the ase may be+ and )). %ounting enter - a #ubli #la e designated by the %ommission where ounting of votes and anvassing* onsolidation of results shall be ondu ted. +ection 3. /u3lific3tions, rights 3n5 limit3tions of the speci3l members of the .o3r5 of )lection &nspectors .- 3o #erson shall be a##ointed as a s#e ial member of the board of ele tion ins#e tors unless he*she is of good moral hara ter and irre#roa hable re#utation, a registered voter, has never been onvi ted of any ele tion offense or of any rime #unishable by more than si( ;6< months im#risonment or if he*she has #ending against him*her an information for any ele tion offense or if he*she is related within the fourth ivil degree of onsanguinity or affinity to any member of the board of ele tion ins#e tors or any s#e ial member of the same board of :le tion 'ns#e tor or to any andidate for a national #osition or to a nominee as a #arty list re#resentative or his*her s#ouse. 5he s#e ial members of the board shall en?oy the same rights and be bound by the same limitations and liabilities of a regular member of the board of ele tion ins#e tors but shall not vote during the #ro eedings of the board of ele tion ins#e tors e( e#t on matters #ertaining to the national ballot. +ection 4. Duties 3n5 functions of the speci3l members of the .o3r5 of )lection &nspectors. ). .uring the ondu t of the voting in the #olling #la e, the fourth member shall&

;a< a om#lish the minutes of voting for the automated ele tion system in the #re in t+ and ;b< ensure that the national ballots are #la ed inside the a##ro#riate ballot bo(+law#hi).net ,. =n the lose of the #olls, the fourth member shall bring the ballot bo( ontaining the national ballots to the designated ounting enter+ 3. Before the ounting of votes, the fourth member shall verify if the number of national ballots tallies with the data in the minutes of the voting+ /. .uring the ounting of votes, the fourth member and the %=M:7:% authori6ed re#resentative shall ?ointly a om#lish the minutes of ounting for the automated ele tion system in the #re in t+ 2. After the ounting of votes, the fourth member and the %=M:7:% authori6ed re#resentative shall ?ointly& ;a< ertify the results of the ounting of national ballots from the #re in t+ and ;b< bring the ballot bo( ontaining the ounted national ballots together with the minutes of voting and ounting, and other ele tion do uments and #ara#hernalia to the ity or muni i#al treasurer for safe-ee#ing. +ection 6. .o3r5 of C3n73ssers. - 8or #ur#oses of the May )), )994 ele tions, ea h #rovin e, ity or muni i#ality shall have two ;,< board of anvassers, one for the manual ele tion system under the e(isting law, and the other, for the automated system. 8or the automated ele tion system, the hairman of the board shall be a##ointed by the %ommission from among its #ersonnel*de#uties and the members from the offi ials enumerated in !e tion ,) of Re#ubli A t 3o. 66/6.

+ection 6. Authorit4 to use 3n 3utom3te5 election s4stem . 5o arry out the above-stated #oli y, the %ommission on :le tions, herein referred to as the %ommission, is hereby authori6ed to use an automated ele tion system, herein referred to as the !ystem, for the #ro ess of voting, ounting of votes and anvassing* onsolidation of results of the national and lo al ele tions& $rovided, however, 5hat for the May )), )994 ele tions, the !ystem shall be a##li able in all areas within the ountry only for the #ositions of #resident, vi e-#resident, senators and #arties, organi6ations or oalitions #arti i#ating under the #arty-list system. 5o a hieve the #ur#ose of this A t, the %ommission is authori6ed to #ro ure by #ur hase, lease or otherwise any su##lies, e0ui#ment, materials and servi es needed for the holding of the ele tions by an e(#edited #ro ess of #ubli bidding of vendors, su##liers or lessors& $rovided, 5hat the a redited #oliti al #arties are duly notified of and allowed to observe but not to #arti i#ate in the bidding. 'f, ins#ite of its diligent efforts to im#lement this mandate in the e(er ise of this authority, it be omes evident by 8ebruary 9, )994 that the %ommission annot fully im#lement the automated ele tion system for national #ositions in the May )), )994 ele tions, the ele tions for both national and lo al #ositions shall be done manually e( e#t in the Autonomous Region in Muslim Mindanao ;ARMM< where the automated ele tion system shall be used for all #ositions. +ection ". 2e3tures of the s4stem. - 5he !ystem shall utili6e a##ro#riate te hnology for voting, and ele troni devi es for ounting of votes and anvassing of results. 8or this #ur#ose, the %ommission shall a 0uire automated ounting ma hines, om#uter e0ui#ment, devi es and materials and ado#t new forms and #rinting materials. 5he !ystem shall ontain the following features& ;a< use of a##ro#riate ballots, ;b< stand-alone ma hine whi h an ount votes and an automated system whi h an onsolidate the results immediately, ; < with #rovisions for audit trails, ;d< minimum human intervention, and ;e< ade0uate safeguard*se urity measures.

'n addition, the !ystem shall as far as #ra ti able have the following features& ). 't must be user-friendly and need not re0uire om#uter-literate o#erators+ ,. 5he ma hine se urity must be built-in and multi-layer e(istent on hardware and software with minimum human intervention using latest te hnology li-e en ry#ted oding system+ 3. 5he se urity -ey ontrol must be embedded inside the ma hine sealed against human intervention+ /. 5he =#ti al Mar- Reader ;=MR< must have a built-in #rinter for numbering the ounted ballots and also for #rinting the individual #re in t number on the ounted ballots+ 2. 5he ballot #a#er for the =MR ounting ma hine must be of the 0uality that #assed the international standard li-e '!=-)43), J'!@- 9>>/ or its e0uivalent for o#ti al hara ter re ognition+ 6. 5he ballot feeder must be automati + 9. 5he ma hine must be able to ount from )>> to )2> ballots #er minute+ 4. 5he ounting ma hine must be able to dete t fa-e or ounterfeit ballots and must have a fa-e ballot re?e tor+ 9. 5he ounting ma hine must be able to dete t and re?e t #reviously ounted ballots to #revent du#li ation+ )>. 5he ounting ma hine must have the a#ability to re ogni6e the ballotAs individual #re in t and ity or muni i#ality before ounting or onsolidating the votes+ )). 5he !ystem must have a #rinter that has the a#a ity to #rint in one stro-e or o#eration seven ;9< o#ies ;original #lus si( ;6< o#ies< of the onsolidated re#orts on arbonless #a#er+

),. 5he #rinter must have at least ),4 -ilobytes of Random A ess Memory ;RAM< to fa ilitate the e(#editious #ro essing of the #rinting of the onsolidated re#orts+ )3. 5he ma hine must have a built-in flo##y dis- drive in order to save the #ro essed data on a dis-ette+ )/. 5he ma hine must also have a built-in hard dis- to store the ounted and onsolidated data for future #rintout and verifi ation+ )2. 5he ma hine must be tem#erature-resistant and rust-#roof+ )6. 5he o#ti al lens of the =MR must have a self- leaning devi e+ )9. 5he ma hine must not be a#able of being onne ted to e(ternal om#uter #eri#herals for the #ro ess of vote onsolidation+ )4. 5he ma hine must have an 1ninterru#ted $ower !u##ly ;1$!<+ )9. 5he ma hine must be a om#anied with o#erating manuals that will guide the #ersonnel of the %ommission the #ro#er use and maintenan e of the ma hine+ ,>. 't must be so designed and built that add-ons may immediately be in or#orated into the !ystem at minimum e(#ense+ ,). 't must #rovide the shortest time needed to om#lete the ounting of votes and anvassing of the results of the ele tion+ ,,. 5he ma hine must be able to generate onsolidated re#orts li-e the ele tion return, statement of votes and ertifi ate of anvass at different levels+ and ,3. 5he a ura y of the ount must be guaranteed, the margin of error must be dis losed and ba -ed by warranty under su h terms and onditions as may be determined by the %ommission.

'n the #ro urement of this system, the %ommission shall ado#t an e0uitable system of dedu tions or demerits for deviations or defi ien ies in meeting all the above stated features and standards. 8or this #ur#ose, the %ommission shall reate an Advisory %oun il to be om#osed of te hni al e(#erts from the .e#artment of ! ien e and 5e hnology ;.=!5<, the 'nformation 5e hnology 8oundation of the $hili##ines ;'58$<, the 1niversity of the $hili##ines ;1$<, and two ;,< re#resentatives from the #rivate se tor re ommended by the $hili##ine %om#uter !o iety ;$%!<. 5he %oun il may avail itself of the e(#ertise and servi es of resour e #ersons of -nown om#eten e and #robity. 5he %ommission in ollaboration with the .=!5 shall establish an inde#endent 5e hni al Ad "o :valuation %ommittee, herein -nown as the %ommittee, om#osed of a re#resentative ea h from the !enate, "ouse of Re#resentatives, .=!5 and %=M:7:%. 5he %ommittee shall ertify that the !ystem is o#erating #ro#erly and a urately and that the ma hines have a demonstrable a#a ity to distinguish between genuine and s#urious ballots. 5he %ommittee shall ensure that the testing #ro edure shall be unbiased and effe tive in he -ing the worthiness of the !ystem. 5oward this end, the %ommittee shall design and im#lement a reliability test #ro edure or a system stress test. +ection 8. Procurement of e8uipment 3n5 m3teri3ls . - 5he %ommission shall #ro ure the automated ounting ma hines, om#uter e0ui#ment, devi es and materials needed for ballot #rinting and devi es for voting, ounting and anvassing from lo al or foreign sour es free from ta(es and im#ort duties, sub?e t to a ounting and auditing rules and regulations. +ection !. +4stems bre395o:n in the counting center . - 'n the event of a systems brea-down of all assigned ma hines in the ounting enter, the %ommission shall use any available ma hine or

any om#onent thereof from another ity*muni i#ality u#on the a##roval of the %ommission en ban or any of its divisions. 5he transfer of su h ma hines or any om#onent thereof shall be underta-en in the #resen e of re#resentatives of #oliti al #arties and iti6ensA arm of the %ommission who shall be notified by the ele tion offi er of su h transfer. 5here is a systems brea-down in the ounting enter when the ma hine fails to read the ballots or fails to store*save results or fails to #rint the results after it has read the ballots+ or when the om#uter fails to onsolidate ele tion results*re#orts or fails to #rint ele tion results*re#orts after onsolidation. +ection ;. )<3min3tion 3n5 testing of counting m3chines . 5he %ommission shall, on the date and time it shall set and with #ro#er noti es, allow the #oliti al #arties and andidates or their re#resentatives, iti6ensA arm or their re#resentatives to e(amine and test the ma hines to as ertain that the system is o#erating #ro#erly and a urately. 5est ballots and test forms shall be #rovided by the %ommission. After the e(amination and testing, the ma hines shall be lo -ed and sealed by the ele tion offi er or any authori6ed re#resentative of the %ommission in the #resen e of the #oliti al #arties and andidates or their re#resentatives, and a redited iti6ensA arms. 5he ma hines shall be -e#t lo -ed and sealed and shall be o#ened again on ele tion day before the ounting of votes begins. 'mmediately after the e(amination and testing of the ma hines, the #arties and andidates or their re#resentatives, iti6ensA arms or their re#resentatives, may submit a written re#ort to the ele tion offi er who shall immediately transmit it to the %ommission for a##ro#riate a tion. +ection . %ffici3l b3llot. - 5he %ommission shall #res ribe the si6e and form of the offi ial ballot whi h shall ontain the titles of the #ositions to be filled and*or the #ro#ositions to be voted u#on in an

initiative, referendum or #lebis ite. 1nder ea h #osition, the names of andidates shall be arranged al#habeti ally by surname and uniformly #rinted using the same ty#e si6e. A fi(ed s#a e where the hairman of the Board of :le tion ins#e tors shall affi( his*her signature to authenti ate the offi ial ballot shall be #rovided. Both sides of the ballots may be used when ne essary. 8or this #ur#ose, the deadline for the filing of ertifi ate of andida y*#etition for registration*manifestation to #arti i#ate in the ele tion shall not be later than one hundred twenty ;),>< days before the ele tions& $rovided, 5hat, any ele tive offi ial, whether national or lo al, running for any offi e other than the one whi h he*she is holding in a #ermanent a#a ity, e( e#t for #resident and vi e#resident, shall be deemed resigned only u#on the start of the am#aign #eriod orres#onding to the #osition for whi h he*she is running& $rovided, further, 5hat, unlawful a ts or omissions a##li able to a andidate shall ta-e effe t u#on the start of the aforesaid am#aign #eriod& $rovided, finally, 5hat, for #ur#oses of the May )), )994 ele tions, the deadline for filing of the ertifi ate of andida y for the #ositions of $resident, Bi e $resident, !enators and andidates under the $arty-7ist !ystem as well as #etitions for registration and*or manifestation to #arti i#ate in the $arty-7ist !ystem shall be on 8ebruary 9, )994 while the deadline for the filing of ertifi ate of andida y for other #ositions shall be on Mar h ,9, )994. 5he offi ial ballots shall be #rinted by the 3ational $rinting =ffi e and*or the Bang-o !entral ng $ili#inas at the #ri e om#arable with that of #rivate #rinters under #ro#er se urity measures whi h the %ommission shall ado#t. 5he %ommission may ontra t the servi es of #rivate #rinters u#on ertifi ation by the 3ational $rinting =ffi e*Bang-o !entral ng $ili#inas that it annot meet the #rinting re0uirements. A redited #oliti al #arties and de#uti6ed iti6ensA arms of the %ommission may assign wat hers in the #rinting, storage and distribution of offi ial ballots.

5o #revent the use of fa-e ballots, the %ommission through the %ommittee shall ensure that the serial number on the ballot stub shall be #rinted in magneti in- that shall be easily dete table by ine(#ensive hardware and shall be im#ossible to re#rodu e on a #hoto o#ying ma hine, and that identifi ation mar-s, magneti stri#s, bar odes and other te hni al and se urity mar-ings, are #rovided on the ballot. 5he offi ial ballots shall be #rinted and distributed to ea h ity*muni i#ality at the rate of one ;)< ballot for every registered voter with a #rovision of additional four ;/< ballots #er #re in t. +ection 2. +ubstitution of c3n5i53tes. - 'n ase of valid substitutions after the offi ial ballots have been #rinted, the votes ast for the substituted andidates shall be onsidered votes for the substitutes. +ection 3. .3llot bo<. - 5here shall be in ea h #re in t on ele tion day a ballot bo( with su h safety features that the %ommission may #res ribe and of su h si6e as to a ommodate the offi ial ballots without folding them. 8or the #ur#ose of the May )), )994 ele tions, there shall be two ;,< ballot bo(es for ea h #re in t, one ;)< for the national ballots and one ;'< for the lo al ballots. +ection 4. Proce5ure in 7oting. - 5he voter shall be given a ballot by the hairman of the Board of :le tion 'ns#e tors. 5he voter shall then #ro eed to a voting booth to a om#lish his*her ballot. 'f a voter s#oils his*her ballot, he*she may be issued another ballot sub?e t to !e tion )) of this A t. 3o voter may be allowed to hange his*her ballot more than on e. After the voter has voted, he*she shall affi( his*her thumbmar- on the orres#onding s#a e in the voting re ord. 5he hairman shall a##ly indelible in- on the voterAs right forefinger and affi( his*her signature in the s#a e #rovided for su h #ur#ose in the ballot. 5he voter shall then #ersonally dro# his*her ballot on the ballot bo(.

8or the #ur#ose of the May )), )994 ele tions, ea h voter shall be given one ;)< national and one ;)< lo al ballot by the %hair#erson. 5he voter shall, after asting his*her vote, #ersonally dro# the ballots in their res#e tive ballot bo(es. +ection 6. Closing of polls. - After the lose of voting, the board shall enter in the minutes the number of registered voters who a tually voted, the number and serial number of unused and s#oiled ballots, the serial number of the self-lo -ing metal seal to be used in sealing the ballot bo(. 5he board shall then #la e the minutes inside the ballot bo( and thereafter lose, lo - and seal the same with #adlo -s, self-lo -ing metal seals or any other safety devi es that the %ommission may authori6e. 5he hairman of the Board of :le tion 'ns#e tors shall #ubli ly announ e that the votes shall be ounted at a designated ounting enter where the board shall trans#ort the ballot bo( ontaining the ballots and other ele tion do uments and #ara#hernalia. 8or the #ur#ose of the May )), )994 ele tions, the hairman of the Board of :le tion 'ns#e tors shall #ubli ly announ e that the votes for #resident, vi e-#resident, senators and #arties, organi6ations or oalitions #arti i#ating in the #arty-list system shall be ounted at a designated ounting enter. .uring the trans#ort of the ballot bo( ontaining the national ballots and other do uments, the fourth member of the board shall be es orted by re#resentatives from the Armed 8or es of the $hili##ines or from the $hili##ine 3ational $oli e, iti6ensA arm, and if available, re#resentatives of #oliti al #arties and andidates. +ection 6. Design3tion of Counting Centers. - 5he %ommission shall designate ounting enter;s< whi h shall be a #ubli #la e within the ity*muni i#ality or in su h other #la es as may be designated by the %ommission when #ea e and order onditions so re0uire, where the offi ial ballots ast in various #re in ts of the ity*muni i#ality shall be ounted. 5he ele tion offi er shall #ost #rominently in his*her offi e, in the bulletin boards at the ity*muni i#al hall and in three ;3<

other ons#i uous #la es in the ity*muni i#ality, the noti e on the designated ounting enter;s< for at least fifteen ;)2< days #rior to ele tion day. 8or the #ur#ose of the May )), )994 ele tions, the %ommission shall designate a entral ounting enter;s< whi h shall be a #ubli #la e within the ity or muni i#ality, as in the ase of the 3ational %a#ital Region and in highly urbani6ed areas. 5he %ommission may designate other ounting enter;s< where the national ballots ast from various #re in ts of different muni i#alities shall be ounted using the automated system. 5he %ommission shall #ost #rominently a noti e thereof, for at least fifteen ;)2< days #rior to ele tion day, in the offi e of the ele tion offi er, on the bulletin boards at the muni i#al hall and in three ;3< other ons#i uous #la es in the muni i#ality. +ection ". Counting proce5ure. - ;a< 5he ounting of votes shall be #ubli and ondu ted in the designated ounting enter;s<. ;b< 5he ballots shall be ounted by the ma hine by #re in t in the order of their arrival at the ounting enter. 5he ele tion offi er or his*her re#resentative shall log the se0uen e of arrival of the ballot bo(es and indi ate their ondition. 5hereafter, the board shall, in the #resen e of the wat hers and re#resentatives of a redited iti6ensA arm, #oliti al #arties* andidates, o#en the ballot bo(, retrieve the ballots and minutes of voting. 't shall verify whether the number of ballots tallies with the data in the minutes. 'f there are e( ess ballots, the #oll ler-, without loo-ing at the ballots, shall #ubli ly draw out at random ballots e0ual to the e( ess and without loo-ing at the ontents thereof, #la e them in an envelo#e whi h shall be mar-ed Ce( ess ballotsC. 5he envelo#e shall be sealed and signed by the members of the board and #la ed in the om#artment for s#oiled ballots. ; < 5he ele tion offi er or any authori6ed offi ial or any member of the board shall feed the valid ballots into the ma hine without interru#tion until all the ballots for the #re in ts are ounted.

;d< 5he board shall remain at the ounting enter until all the offi ial ballots for the #re in t are ounted and all re#orts are #ro#erly a om#lished. 8or the #ur#ose of the May )), )994 ele tions, the ballots shall be ounted by #re in t by the s#e ial members of the board in the manner #rovided in #aragra#h ;b< hereof. +ection 8. )lection returns. - After the ballots of the #re in ts have been ounted, the ele tion offi er or any offi ial authori6ed by the %ommission shall, in the #resen e of wat hers and re#resentatives of the a redited iti6ensA arm, #oliti al #arties* andidates, if any, store the results in a data storage devi e and #rint o#ies of the ele tion returns of ea h #re in t. 5he #rinted ele tion returns shall be signed and thumbmar-ed by the fourth member and %=M:7:% authori6ed re#resentative and attested to by the ele tion offi er or authori6ed re#resentative. 5he %hairman of the Board shall then #ubli ly read and announ e the total number of votes obtained by ea h andidate based on the ele tion returns. 5hereafter, the o#ies of the ele tion returns shall be sealed and #la ed in the #ro#er envelo#es for distribution as follows& A. 'n the ele tion of #resident, vi e-#resident, senators and #arty-list system& ;)< 5he first o#y shall be delivered to the ity or muni i#al board of anvassers+ ;,< 5he se ond o#y, to the %ongress, dire ted to the $resident of the !enate+ ;3< 5he third o#y, to the %ommission+ ;/< 5he fourth o#y, to the iti6ensA arm authori6ed by the %ommission to ondu t an unoffi ial ount. 'n the ondu t of the unoffi ial 0ui - ount by any a redited iti6ensA arm, the %ommission shall #romulgate rules and regulations to ensure, among others, that said iti6ensA arm releases in the

order of their arrival one hundred #er ent ;)>>D< results of a #re in t indi ating the #re in t, muni i#ality or ity, #rovin e and region& $rovided, however, that, the ount shall ontinue until all #re in ts shall have been re#orted. ;2< 5he fifth o#y, to the dominant ma?ority #arty as determined by the %ommission in a ordan e with law+ ;6< 5he si(th o#y, to the dominant minority #arty as determined by the %ommission in a ordan e with law+ and ;9< 5he seventh o#y shall be de#osited inside the om#artment of the ballot bo( for valid ballots. 5he iti6ensA arm shall #rovide o#ies of the ele tion returns at the e(#ense of the re0uesting #arty. 8or the #ur#ose of the May )), )994 ele tions, after the national ballots have been ounted, the %=M:7:% authori6ed re#resentative shall im#lement the #rovisions of #aragra#h A hereof. B. 'n the ele tion of lo al offi ials and members of the "ouse of Re#resentatives& ;)< 5he first o#y shall be delivered to the ity or muni i#al board of anvassers+ ;,< 5he se ond o#y, to the %ommission+ ;3< 5he third o#y, to the #rovin ial board of anvassers+ ;/< 5he fourth o#y, to the iti6ensA arm authori6ed by the %ommission to ondu t an unoffi ial ount. 'n the ondu t of the unoffi ial 0ui - ount by any a redited iti6ensA arm, the %ommission shall #romulgate rules and regulations to ensure, among others, that said iti6ensA arm releases in the order of their arrival one hundred #er ent ;)>>D< results of a #re in t indi ating the #re in t, muni i#ality or ity, #rovin e and region& $rovided, however, 5hat, the ount shall ontinue until all #re in ts shall have been re#orted.

;2< 5he fifth o#y, to the dominant ma?ority #arty as determined by the %ommission in a ordan e with law+ ;6< 5he si(th o#y, to the dominant minority #arty as determined by the %ommission in a ordan e with law+ and ;9< 5he seventh o#y shall be de#osited inside the om#artment of the ballot bo( for valid ballots. 5he iti6ensA arm shall #rovide o#ies of ele tion returns at the e(#ense of the re0uesting #arty. After the votes from all #re in ts have been ounted, a onsolidated re#ort of votes for ea h andidate shall be #rinted. After the #rinting of the ele tion returns, the ballots shall be returned to the ballot bo(, whi h shall be lo -ed, sealed and delivered to the ity*muni i#al treasurer for safe-ee#ing. 5he treasurer shall immediately #rovide the %ommission and the ele tion offi er with a re ord of the serial numbers of the ballot bo(es and the orres#onding metal seals. +ection !. Custo54 3n5 3ccount3bilit4 of b3llots . - 5he ele tion offi er and the treasurer of the ity*muni i#ality as de#uty of the %ommission shall have ?oint ustody and a ountability of the offi ial ballots, a ountable forms and other ele tion do uments as well as ballot bo(es ontaining the offi ial ballots ast. 5he ballot bo(es shall not be o#ened for three ;3< months unless the %ommission orders otherwise. +ection 2;. +ubstitution of Ch3irm3n 3n5 *embers of the .o3r5 of C3n73ssers. - 'n ase of non-availability, absen e, dis0ualifi ation due to relationshi#, or in a#a ity for any ause of the hairman, the %ommission shall a##oint as substitute, a ran-ing lawyer of the %ommission. Eith res#e t to the other members of the board, the %ommission shall a##oint as substitute the following in the order named& the #rovin ial auditor, the register of deeds, the ler- of ourt nominated by the e(e utive ?udge of the regional trial ourt, or any other available a##ointive #rovin ial offi ial in the ase of the

#rovin ial board of anvassers+ the offi ials in the ity orres#onding to those enumerated in the ase of the ity board of anvassers+ and the muni i#al administrator, the muni i#al assessor, the ler- of ourt nominated by the ?udge of the muni i#al trial ourt, in the ase of the muni i#al board of anvassers. +ection 2 . C3n73ssing b4 Pro7inci3l, Cit4, District 3n5 *unicip3l .o3r5s of C3n73ssers. - 5he ity or muni i#al board of anvassers shall anvass the votes for the #resident, vi e-#resident, senators, and #arties, organi6ations or oalitions #arti i#ating under the #arty-list system by onsolidating the results ontained in the data storage devi es used in the #rinting of the ele tion returns. 1#on om#letion of the anvass, it shall #rint the ertifi ate of anvass of votes for #resident, vi e-#resident, senators and members of the "ouse of Re#resentatives and ele tive #rovin ial offi ials and thereafter, #ro laim the ele ted ity or muni i#al offi ials, as the ase may be. 5he ity board of anvassers of ities om#rising one ;)< or more legislative distri ts shall anvass the votes for #resident, vi e#resident, senators, members of the "ouse of Re#resentatives and ele tive ity offi ials by onsolidating the results ontained in the data storage devi es used in the #rinting of the ele tion returns. 1#on om#letion of the anvass, the board shall #rint the anvass of votes for #resident, vi e-#resident, and senators and thereafter, #ro laim the ele ted members of the "ouse of Re#resentatives and ity offi ials. 'n the Metro Manila area, ea h muni i#ality om#rising a legislative distri t shall have a distri t board of anvassers whi h shall anvass the votes for #resident, vi e-#resident, senators, members of the "ouse of Re#resentatives and ele tive muni i#al offi ials by onsolidating the results ontained in the data storage devi es used in the #rinting of the ele tion returns. 1#on om#letion of the anvass, it shall #rint the ertifi ate of anvass of votes for #resident, vi e-

#resident, and senators and thereafter, #ro laim the ele ted members of the "ouse of Re#resentatives and muni i#al offi ials. :a h om#onent muni i#ality in a legislative distri t in the Metro Manila area shall have a muni i#al board of anvassers whi h shall anvass the votes for #resident, vi e-#resident, senators, members of the "ouse of Re#resentatives and ele tive muni i#al offi ials by onsolidating the results ontained in the data storage devi es used in the #rinting of the ele tion returns. 1#on om#letion of the anvass, it shall #re#are the ertifi ate of anvass of votes for #resident, vi e#resident, senators, members of the "ouse of Re#resentatives and thereafter, #ro laim the ele ted muni i#al offi ials. 5he distri t board of anvassers of ea h legislative distri t om#rising two ;,< muni i#alities in the Metro Manila area shall anvass the votes for #resident, vi e-#resident, senators and members of the "ouse of Re#resentatives by onsolidating the results ontained in the data storage devi es submitted by the muni i#al board of anvassers of the om#onent muni i#alities. 1#on om#letion of the anvass, it shall #rint a ertifi ate of anvass of votes for #resident, vi e#resident and senators and thereafter, #ro laim the ele ted members of the "ouse of Re#resentatives in the legislative distri t. 5he distri t*#rovin ial board of anvassers shall anvass the votes for #resident, vi e-#resident, senators, members of the "ouse of Re#resentatives and ele tive #rovin ial offi ials by onsolidating the results ontained in the data storage devi es submitted by the board of anvassers of the muni i#alities and om#onent ities. 1#on om#letion of the anvass, it shall #rint the ertifi ate of anvass of votes for #resident, vi e-#resident and senators and thereafter, #ro laim the ele ted members of the "ouse of Re#resentatives and the #rovin ial offi ials. 5he muni i#al, ity, distri t and #rovin ial ertifi ates of anvass of votes shall ea h be su##orted by a statement of votes.

5he %ommission shall ado#t ade0uate and effe tive measures to #reserve the integrity of the data storage devi es at the various levels of the boards of anvassers. +ection 22. Number of copies of Certific3tes of C3n73ss of 1otes 3n5 their 5istribution. - ;a< 5he ertifi ate of anvass of votes for #resident, vi e-#resident, senators, members of the "ouse of Re#resentatives, #arties, organi6ations or oalitions #arti i#ating under the #arty-list system and ele tive #rovin ial offi ials shall be #rinted by the ity or muni i#al board of anvassers and distributed as follows& ;)< 5he first o#y shall be delivered to the #rovin ial board of anvassers for use in the anvass of ele tion results for #resident, vi e-#resident, senators, members of the "ouse of Re#resentatives, #arties, organi6ations or oalitions #arti i#ating under the #arty-list system and ele tive #rovin ial offi ials+ ;,< 5he se ond o#y shall be sent to the %ommission+ ;3< 5he third o#y shall be -e#t by the hairman of the board+ and ;/< 5he fourth o#y shall be given to the iti6ensA arm designated by the %ommission to ondu t an unoffi ial ount. 't shall be the duty of the iti6ensA arm to furnish inde#endent andidates o#ies of the ertifi ate of anvass at the e(#ense of the re0uesting #arty. 5he board of anvassers shall furnish all registered #arties o#ies of the ertifi ate of anvass at the e(#ense of the re0uesting #arty. ;b< 5he ertifi ate of anvass of votes for #resident, vi e-#resident and senators, #arties, organi6ations or oalitions #arti i#ating under the #arty-list system shall be #rinted by the ity boards of anvassers of ities om#rising one or more legislative distri ts, by #rovin ial boards of anvassers and by distri t boards of anvassers in the Metro

Manila area, and other highly urbani6ed areas and distributed as follows& ;)< 5he first o#y shall be sent to %ongress, dire ted to the $resident of the !enate for use in the anvas of ele tion results for #resident and vi e-#resident+ ;,< 5he se ond o#y shall be sent to the %ommission for use in the anvass of the ele tion results for senators+ ;3< 5he third o#y shall be -e#t by the hairman of the board+ and ;/< 5he fourth o#y shall be given to the iti6ensA arm designated by the %ommission to ondu t an unoffi ial ount. 't shall be the duty of the iti6ensA arm to furnish inde#endent andidates o#ies of the ertifi ate of anvass at the e(#ense of the re0uesting #arty. 5he board of anvassers shall furnish all registered #arties o#ies of the ertifi ate of anvass at the e(#ense of the re0uesting #arty. ; < 5he ertifi ates of anvass #rinted by the #rovin ial, distri t, ity or muni i#al boards of anvassers shall be signed and thumbmar-ed by the hairman and members of the board and the #rin i#al wat hers, if available. 5hereafter, it shall be sealed and #la ed inside an envelo#e whi h shall li-ewise be #ro#erly sealed. 'n all instan es, where the Board of %anvassers has the duty to furnish registered #oliti al #arties with o#ies of the ertifi ate of anvass, the #ertinent ele tion returns shall be atta hed thereto, where a##ro#riate. +ection 23. N3tion3l .o3r5 of C3n73ssers for +en3tors . - 5he hairman and members of the %ommission on :le tions sitting en ban , shall om#ose the national board of anvassers for senators. 't shall anvass the results for senators by onsolidating the results ontained in the data storage devi es submitted by the distri t,

#rovin ial and ity boards of anvassers of those ities whi h om#rise one or more legislative distri ts. 5hereafter, the national board shall #ro laim the winning andidates for senators. +ection 24. Congress 3s the N3tion3l .o3r5 of C3n73ssers for Presi5ent 3n5 1ice=Presi5ent. - 5he !enate and the "ouse of Re#resentatives in ?oint #ubli session shall om#ose the national board of anvassers for #resident and vi e-#resident. 5he returns of every ele tion for #resident and vi e-#resident duly ertified by the board of anvassers of ea h #rovin e or ity, shall be transmitted to the %ongress, dire ted to the #resident of the !enate. 1#on re ei#t of the ertifi ates of anvass, the #resident of the !enate shall, not later than thirty ;3>< days after the day of the ele tion, o#en all the ertifi ates in the #resen e of the !enate and the "ouse of Re#resentatives in ?oint #ubli session and the %ongress u#on determination of the authenti ity and the due e(e ution thereof in the manner #rovided by law, anvass all the results for #resident and vi e-#resident by onsolidating the results ontained in the data storage devi es submitted by the distri t, #rovin ial and ity boards of anvassers and thereafter, #ro laim the winning andidates for #resident and vi e-#resident. +ection 26. 1oters> e5uc3tion. - 5he %ommission together with and in su##ort of a redited iti6ensA arms shall arry out a ontinuing and systemati am#aign through news#a#ers of general ir ulation, radio and other media forms, as well as through seminars, sym#osia, fora and other non-traditional means to edu ate the #ubli and fully inform the ele torate about the automated ele tion system and in ul ate values on honest, #ea eful and orderly ele tions. +ection 26. +uper7ision 3n5 control. - 5he !ystem shall be under the e( lusive su#ervision and ontrol of the %ommission. 8or this #ur#ose, there is hereby reated an information te hnology de#artment in the %ommission to arry out the full administration and im#lementation of the !ystem.

5he %ommission shall ta-e immediate ste#s as may be ne essary for the a 0uisition, installation, administration, storage, and maintenan e of e0ui#ment and devi es, and to #romulgate the ne essary rules and regulations for the effe tive im#lementation of this A t. +ection 2". %7ersight Committee. - An =versight %ommittee is hereby reated om#osed of three ;3< re#resentatives ea h from the !enate and the "ouse of Re#resentatives and three ;3< from the %ommission on :le tions to monitor and evaluate the im#lementation of this A t. A re#ort to the !enate and the "ouse of Re#resentatives shall be submitted within ninety ;9>< days from the date of ele tion. 5he oversight ommittee may hire om#etent onsultants for #ro?e t monitoring and information te hnology on erns related to the im#lementation and im#rovement of the modern ele tion system. 5he oversight ommittee shall be #rovided with the ne essary funds to arry out its duties. +ection 28. Design3tion of other 53tes for cert3in pre= election 3cts. - 'f it shall no longer be reasonably #ossible to observe the #eriods and dates #res ribed by law for ertain #reele tion a ts, the %ommission shall fi( other #eriods and dates in order to ensure a om#lishment of the a tivities so voters shall not be de#rived of their suffrage. +ection 2!. )lection offenses. - 'n addition to those enumerated in !e tions ,6) and ,6, of Batas $ambansa Blg. 44), as amended, the following a ts shall be #enali6ed as ele tion offenses, whether or not said a ts affe t the ele toral #ro ess or results& ;a< 1tili6ing without authori6ation, tam#ering with, destroying or stealing& ;)< =ffi ial ballots, ele tion returns, and anvass of votes used in the !ystem+ and ertifi ates of

;,< :le troni devi es or their om#onents, #eri#herals or su##lies used in the !ystem su h as ounting ma hine,

memory #a -*dis-ette, memory #a - re eiver and om#uter set+ ;b< 'nterfering with, im#eding, abs onding for #ur#ose of gain, #reventing the installation or use of om#uter ounting devi es and the #ro essing, storage, generation and transmission of ele tion results, data or information+ and ; < Faining or ausing a ess to using, altering, destroying or dis losing any om#uter data, #rogram, system software, networ-, or any om#uter-related devi es, fa ilities, hardware or e0ui#ment, whether lassified or de lassified. +ection 3;. Applic3bilit4. - 5he #rovisions of Batas $ambansa Blg. 44), as amended, otherwise -nown as the C=mnibus :le tion %ode of the $hili##inesC, and other ele tion laws not in onsistent with this A t shall a##ly. +ection 3 . Rules 3n5 Regul3tions. - 5he %ommission shall #romulgate rules and regulations for the im#lementation and enfor ement of this A t in luding su h measures that will address #ossible diffi ulties and onfusions brought about by the two-ballot system. 5he %ommission may onsult its a redited iti6ensA arm for this #ur#ose. +ection 32. Appropri3tions. - 5he amount ne essary to arry out the #rovisions of this A t shall be harged against the urrent yearAs a##ro#riations of the %ommission. 5hereafter, su h sums as may be ne essary for the ontinuous im#lementation of this A t shall be in luded in the annual Feneral A##ro#riations A t. 'n ase of defi ien y in the funding re0uirements herein #rovided, su h amount as may be ne essary shall be augmented from the urrent ontingent fund in the Feneral A##ro#riations A t. +ection 33. +ep3r3bilit4 cl3use. - 'f, for any reason, any se tion or #rovision of this A t or any #art thereof, or the a##li ation of su h se tion, #rovision or #ortion is de lared invalid or un onstitutional, the remainder thereof shall not be affe ted by su h de laration.

+ection 34. Repe3ling cl3use. - All laws, #residential de rees, e(e utive orders, rules and regulations or #arts thereof in onsistent with the #rovisions of this A t are hereby re#ealed or modified a ordingly. +ection 36. )ffecti7it4. - 5his A t shall ta-e effe t fifteen ;)2< days after its #ubli ation in a news#a#er of general ir ulation. A##roved, December 22, !!".