Section
1. Declaration of policy. — It is the policy of the State to
ensure
free, orderly, honest, peaceful and credible elections, and assure the
secrecy and sanctity of the ballot in order that the results of
elections,
plebiscites, referenda, and other electoral exercises shall be fast,
accurate
and reflective of the genuine will of the people.
Sec. 2. Definition of terms. — As used in this
Act, the following
terms
shall mean:
1.
Automated
election system — a system using appropriate technology for voting and
electronic devices to count votes and canvass/consolidate results;
2.
Counting
machine — a machine that uses an optical scanning/mark—sense reading
device
or any similar advanced technology to count ballots;
3.
Data
storage device — a device used to electronically store counting and
canvassing
results, such as a memory pack or diskette;
4.
Computer
set — a set of equipment containing regular components, i.e., monitor,
central processing unit or CPU, keyboard and printer;
5.
National
ballot — refers to the ballot to be used in the automated election
system
for the purpose of the May 11, 1998 elections. This shall contain the
names
of the candidates for president, vice-president, senators and parties,
organizations or coalitions participating under the party-list system.
This ballot shall be counted by the counting machine;
6.
Local
Ballot — refers to the ballot on which the voter will manually write
the
names of the candidates of his/her choice for member of the House of
Representatives,
governor, vice-governor, members of the provincial board, mayor,
vice-mayor,
and members of the city/municipal council. For the purpose of the May
11,
1998 elections, this ballot will be counted manually;
7.
Board
of Election Inspectors — there shall be a Board of Election Inspectors
in every precinct composed of three (3) regular members who shall
conduct
the voting, counting and recording of votes in the polling place.
For
the
purpose of the May 11, 1998 elections, there shall be special members
composed
of a fourth member in each precinct and a COMELEC representative who is
authorized to operate the counting machine. Both shall conduct the
counting
and recording of votes of the national ballots in the designated
counting
centers;
8.
Election
returns — a machine-generated document showing the date of the
election,
the province, municipality and the precinct in which it is held and the
votes in figures for each candidate in a precinct directly produced by
the counting machine;
9.
Statement
of votes — a machine-generated document containing the votes obtained
by
candidates in each precinct in a city/municipality;
10.
City/municipal/district/provincial
certificate of canvass of votes — a machine-generated document
containing
the total votes in figures obtained by each candidate in a
city/municipality/district/
province as the case may be; and
11.
Counting
center — a public place designated by the Commission where counting of
votes and canvassing/consolidation of results shall be conducted.
Sec. 3.
Qualifications, rights and limitations of the special members of the
Board
of Election Inspectors. — No person shall be appointed as a special
member of the board of election inspectors unless he/she is of good
moral
character and irreproachable reputation, a registered voter, has never
been convicted of any election offense or of any crime punishable by
more
than six (6) months imprisonment or if he/she has pending against
him/her
an information for any election offense or if he/she is related within
the fourth civil degree of consanguinity or affinity to any member of
the
board of election inspectors or any special member of the same board of
Election Inspector or to any candidate for a national position or to a
nominee as a party list representative or his/her spouse. The special
members
of the board shall enjoy the same rights and be bound by the same
limitations
and liabilities of a regular member of the board of election inspectors
but shall not vote during the proceedings of the board of election
inspectors
except on matters pertaining to the national ballot.
Sec. 4. Duties and functions of the special members
of the Board of
Election
Inspectors. —
1.
During
the conduct of the voting in the polling place, the fourth member shall:
2.
On the close
of the polls, the fourth member shall bring the ballot box containing
the
national ballots to the designated counting center;
3.
Before
the counting of votes, the fourth member shall verify if the number of
national ballots tallies with the data in the minutes of the voting;
4.
During
the counting of votes, the fourth member and the COMELEC authorized
representative
shall jointly accomplish the minutes of counting for the automated
election
system in the precinct;
5.
After
the counting of votes, the fourth member and the COMELEC authorized
representative
shall jointly:
(a)
certify the results of the counting of national ballots from the
precinct;
and
(b)
bring the ballot box containing the counted national ballots together
with
the minutes of voting and counting, and other election documents and
paraphernalia
to the city or municipal treasurer for safekeeping.
Sec. 5.
Board of Canvassers. — For purposes of the May 11, 1998
elections,
each province, city or municipality shall have two (2) board of
canvassers,
one for the manual election system under the existing law, and the
other,
for the automated system. For the automated election system, the
chairman
of the board shall be appointed by the Commission from among its
personnel/deputies
and the members from the officials enumerated in Sec. 21 of Republic
Act No. 6646.
Sec. 6. Authority to use an automated election
system. — To carry
out
the above-stated policy, the Commission on Elections, herein referred
to
as the Commission, is hereby authorized to use an automated election
system,
herein referred to as the System, for the process of voting, counting
of
votes and canvassing/consolidation of results of the national and local
elections: Provided, however, That for the May 11, 1998 elections, the
System shall be applicable in all areas within the country only for the
positions of president, vice-president, senators and parties,
organizations
or coalitions participating under the party-list system.
To achieve
the purpose of this Act, the Commission is authorized to procure by
purchase,
lease or otherwise any supplies, equipment, materials and services
needed
for the holding of the elections by an expedited process of public
bidding
of vendors, suppliers or lessors: Provided, That the accredited
political
parties are duly notified of and allowed to observe but not to
participate
in the bidding. If, inspite of its diligent efforts to implement this
mandate
in the exercise of this authority, it becomes evident by February 9,
1998
that the Commission cannot fully implement the automated election
system
for national positions in the May 11, 1998 elections, the elections for
both national and local positions shall be done manually except in the
Autonomous Region in Muslim Mindanao (ARMM) where the automated
election
system shall be used for all positions.
Sec. 7. Features of the system. — The System
shall utilize
appropriate
technology for voting, and electronic devices for counting of votes and
canvassing of results. For this purpose, the Commission shall acquire
automated
counting machines, computer equipment, devices and materials and adopt
new forms and printing materials.
The System
shall contain the following features: (a) use of appropriate ballots,
(b)
stand-alone machine which can count votes and an automated system which
can consolidate the results immediately, (c) with provisions for audit
trails, (d) minimum human intervention, and (e) adequate
safeguard/security
measures.
In addition,
the System shall as far as practicable have the following features:
1.
It must
be user-friendly and need not require computer-literate operators;
2.
The machine
security must be built-in and multi-layer existent on hardware and
software
with minimum human intervention using latest technology like encrypted
coding system;
3.
The security
key control must be embedded inside the machine sealed against human
intervention;
4.
The Optical
Mark Reader (OMR) must have a built-in printer for numbering the
counted
ballots and also for printing the individual precinct number on the
counted
ballots;
5.
The ballot
paper for the OMR counting machine must be of the quality that passed
the
international standard like ISO-1831, JIS-X- 9004 or its equivalent for
optical character recognition;
6.
The ballot
feeder must be automatic;
7.
The machine
must be able to count from 100 to 150 ballots per minute;
8.
The counting
machine must be able to detect fake or counterfeit ballots and must
have
a fake ballot rejector;
9.
The counting
machine must be able to detect and reject previously counted ballots to
prevent duplication;
10.
The
counting machine must have the capability to recognize the ballot's
individual
precinct and city or municipality before counting or consolidating the
votes;
11.
The
System must have a printer that has the capacity to print in one stroke
or operation seven (7) copies (original plus six (6) copies) of the
consolidated
reports on carbonless paper;
12.
The
printer must have at least 128 kilobytes of Random Access Memory (RAM)
to facilitate the expeditious processing of the printing of the
consolidated
reports;
13.
The
machine must have a built-in floppy disk drive in order to save the
processed
data on a diskette;
14.
The
machine must also have a built-in hard disk to store the counted and
consolidated
data for future printout and verification;
15.
The
machine must be temperature-resistant and rust-proof;
16.
The
optical lens of the OMR must have a self-cleaning device;
17.
The
machine must not be capable of being connected to external computer
peripherals
for the process of vote consolidation;
18.
The
machine must have an Uninterrupted Power Supply (UPS);
19.
The
machine must be accompanied with operating manuals that will guide the
personnel of the Commission the proper use and maintenance of the
machine;
20.
It must
be so designed and built that add-ons may immediately be incorporated
into
the System at minimum expense;
21.
It must
provide the shortest time needed to complete the counting of votes and
canvassing of the results of the election;
22.
The
machine must be able to generate consolidated reports like the election
return, statement of votes and certificate of canvass at different
levels;
and
23.
The
accuracy of the count must be guaranteed, the margin of error must be
disclosed
and backed by warranty under such terms and conditions as may be
determined
by the Commission.
In the procurement
of this system, the Commission shall adopt an equitable system of
deductions
or demerits for deviations or deficiencies in meeting all the above
stated
features and standards.
For this
purpose, the Commission shall create an Advisory Council to be composed
of technical experts from the Department of Science and Technology
(DOST),
the Information Technology Foundation of the Philippines (ITFP), the
University
of the Philippines (UP), and two (2) representatives from the private
sector
recommended by the Philippine Computer Society (PCS). The Council may
avail
itself of the expertise and services of resource persons of known
competence
and probity.
The Commission
in collaboration with the DOST shall establish an independent Technical
Ad Hoc Evaluation Committee, herein known as the Committee, composed of
a representative each from the Senate, House of Representatives, DOST
and
COMELEC. The Committee shall certify that the System is operating
properly
and accurately and that the machines have a demonstrable capacity to
distinguish
between genuine and spurious ballots.
The Committee
shall ensure that the testing procedure shall be unbiased and effective
in checking the worthiness of the System. Toward this end, the
Committee
shall design and implement a reliability test procedure or a system
stress
test.
Sec. 8. Procurement of equipment and materials.
— The Commission
shall
procure the automated counting machines, computer equipment, devices
and
materials needed for ballot printing and devices for voting, counting
and
canvassing from local or foreign sources free from taxes and import
duties,
subject to accounting and auditing rules and regulations.
Sec. 9. Systems breakdown in the counting center.
— In the event of
a
systems breakdown of all assigned machines in the counting center, the
Commission shall use any available machine or any component thereof
from
another city/municipality upon the approval of the Commission En Banc
or
any of its divisions.
The transfer
of such machines or any component thereof shall be undertaken in the
presence
of representatives of political parties and citizens' arm of the
Commission
who shall be notified by the election officer of such transfer.
There is
a systems breakdown in the counting center when the machine fails to
read
the ballots or fails to store/save results or fails to print the
results
after it has read the ballots; or when the computer fails to
consolidate
election results/reports or fails to print election results/reports
after
consolidation.
Sec. 10. Examination and testing of counting
machines. — The
Commission
shall, on the date and time it shall set and with proper notices, allow
the political parties and candidates or their representatives,
citizens'
arm or their representatives to examine and test the machines to
ascertain
that the system is operating properly and accurately. Test ballots and
test forms shall be provided by the Commission.
After the
examination and testing, the machines shall be locked and sealed by the
election officer or any authorized representative of the Commission in
the presence of the political parties and candidates or their
representatives,
and accredited citizens' arms. The machines shall be kept locked and
sealed
and shall be opened again on election day before the counting of votes
begins.
Immediately
after the examination and testing of the machines, the parties and
candidates
or their representatives, citizens' arms or their representatives, may
submit a written report to the election officer who shall immediately
transmit
it to the Commission for appropriate action.
Sec. 11. Official ballot. — The Commission
shall prescribe the size
and
form of the official ballot which shall contain the titles of the
positions
to be filled and/or the propositions to be voted upon in an initiative,
referendum or plebiscite. Under each position, the names of candidates
shall be arranged alphabetically by surname and uniformly printed using
the same type size. A fixed space where the chairman of the Board of
Election
inspectors shall affix his/her signature to authenticate the official
ballot
shall be provided.
Both sides
of the ballots may be used when necessary.
For this
purpose, the deadline for the filing of certificate of
candidacy/petition
for registration/manifestation to participate in the election shall not
be later than one hundred twenty (120) days before the elections:
Provided,
That, any elective official, whether national or local, running for any
office other than the one which he/she is holding in a permanent
capacity,
except for president and vice-president, shall be deemed resigned only
upon the start of the campaign period corresponding to the position for
which he/she is running: Provided, further, That, unlawful acts or
omissions
applicable to a candidate shall take effect upon the start of the
aforesaid
campaign period: Provided, finally, That, for purposes of the May 11,
1998
elections, the deadline for filing of the certificate of candidacy for
the positions of President, Vice President, Senators and candidates
under
the Party-List System as well as petitions for registration and/or
manifestation
to participate in the Party-List System shall be on February 9, 1998
while
the deadline for the filing of certificate of candidacy for other
positions
shall be on March 27, 1998.
The official
ballots shall be printed by the National Printing Office and/or the
Bangko
Sentral ng Pilipinas at the price comparable with that of private
printers
under proper security measures which the Commission shall adopt. The
Commission
may contract the services of private printers upon certification by the
National Printing Office/ Bangko Sentral ng Pilipinas that it cannot
meet
the printing requirements. Accredited political parties and deputized
citizens'
arms of the Commission may assign watchers in the printing, storage and
distribution of official ballots.
To prevent
the use of fake ballots, the Commission through the Committee shall
ensure
that the serial number on the ballot stub shall be printed in magnetic
ink that shall be easily detectable by inexpensive hardware and shall
be
impossible to reproduce on a photocopying machine, and that
identification
marks, magnetic strips, bar codes and other technical and security
markings,
are provided on the ballot.
The official
ballots shall be printed and distributed to each city/municipality at
the
rate of one (1) ballot for every registered voter with a provision of
additional
four (4) ballots per precinct.
Sec. 12. Substitution of candidates. — In case
of valid
substitutions
after the official ballots have been printed, the votes cast for the
substituted
candidates shall be considered votes for the substitutes.
Sec. 13. Ballot box. — There shall be in each
precinct on election
day
a ballot box with such safety features that the Commission may
prescribe
and of such size as to accommodate the official ballots without folding
them.
For the
purpose of the May 11, 1998 elections, there shall be two (2) ballot
boxes
for each precinct, one (1) for the national ballots and one (I) for the
local ballots.
Sec. 14. Procedure in voting. — The voter
shall be given a ballot by
the chairman of the Board of Election Inspectors. The voter shall then
proceed to a voting booth to accomplish his/her ballot.
If a voter
spoils his/her ballot, he/she may be issued another ballot subject to
Sec.
11 of this Act. No voter may be allowed to change his/her ballot more
than
once.
After the
voter has voted, he/she shall affix his/her thumbmark on the
corresponding
space in the voting record. The chairman shall apply indelible ink on
the
voter's right forefinger and affix his/her signature in the space
provided
for such purpose in the ballot. The voter shall then personally drop
his/her
ballot on the ballot box.
For the
purpose of the May 11, 1998 elections, each voter shall be given one
(1)
national and one (1) local ballot by the Chairperson. The voter shall,
after casting his/her vote, personally drop the ballots in their
respective
ballot boxes.
Sec. 15. Closing of polls. — After the close
of voting, the board
shall
enter in the minutes the number of registered voters who actually
voted,
the number and serial number of unused and spoiled ballots, the serial
number of the self-locking metal seal to be used in sealing the ballot
box. The board shall then place the minutes inside the ballot box and
thereafter
close, lock and seal the same with padlocks, self-locking metal seals
or
any other safety devices that the Commission may authorize. The
chairman
of the Board of Election Inspectors shall publicly announce that the
votes
shall be counted at a designated counting center where the board shall
transport the ballot box containing the ballots and other election
documents
and paraphernalia.
For the
purpose of the May 11, 1998 elections, the chairman of the Board of
Election
Inspectors shall publicly announce that the votes for president,
vice-president,
senators and parties, organizations or coalitions participating in the
party-list system shall be counted at a designated counting center.
During
the transport of the ballot box containing the national ballots and
other
documents, the fourth member of the board shall be escorted by
representatives
from the Armed Forces of the Philippines or from the Philippine
National
Police, citizens' arm, and if available, representatives of political
parties
and candidates.
Sec. 16. Designation of Counting Centers. —
The Commission shall
designate
counting center(s) which shall be a public place within the
city/municipality
or in such other places as may be designated by the Commission when
peace
and order conditions so require, where the official ballots cast in
various
precincts of the city/municipality shall be counted. The election
officer
shall post prominently in his/her office, in the bulletin boards at the
city/municipal hall and in three (3) other conspicuous places in the
city/municipality,
the notice on the designated counting center(s) for at least fifteen
(15)
days prior to election day.
For the
purpose of the May 11, 1998 elections, the Commission shall designate a
central counting center(s) which shall be a public place within the
city
or municipality, as in the case of the National Capital Region and in
highly
urbanized areas. The Commission may designate other counting center(s)
where the national ballots cast from various precincts of different
municipalities
shall be counted using the automated system. The Commission shall post
prominently a notice thereof, for at least fifteen (15) days prior to
election
day, in the office of the election officer, on the bulletin boards at
the
municipal hall and in three (3) other conspicuous places in the
municipality.
Sec. 17. Counting procedure. — (a) The
counting of votes shall be
public
and conducted in the designated counting center(s).
(b) The
ballots shall be counted by the machine by precinct in the order of
their
arrival at the counting center. The election officer or his/her
representative
shall log the sequence of arrival of the ballot boxes and indicate
their
condition. Thereafter, the board shall, in the presence of the watchers
and representatives of accredited citizens' arm, political
parties/candidates,
open the ballot box, retrieve the ballots and minutes of voting. It
shall
verify whether the number of ballots tallies with the data in the
minutes.
If there are excess ballots, the poll clerk, without looking at the
ballots,
shall publicly draw out at random ballots equal to the excess and
without
looking at the contents thereof, place them in an envelope which shall
be marked "excess ballots". The envelope shall be sealed and signed by
the members of the board and placed in the compartment for spoiled
ballots.
(c) The
election officer or any authorized official or any member of the board
shall feed the valid ballots into the machine without interruption
until
all the ballots for the precincts are counted.
(d) The
board shall remain at the counting center until all the official
ballots
for the precinct are counted and all reports are properly accomplished.
For the
purpose of the May 11, 1998 elections, the ballots shall be counted by
precinct by the special members of the board in the manner provided in
paragraph (b) hereof.
Sec. 18. Election returns. — After the ballots
of the precincts have
been counted, the election officer or any official authorized by the
Commission
shall, in the presence of watchers and representatives of the
accredited
citizens' arm, political parties/ candidates, if any, store the results
in a data storage device and print copies of the election returns of
each
precinct. The printed election returns shall be signed and thumbmarked
by the fourth member and COMELEC authorized representative and attested
to by the election officer or authorized representative. The Chairman
of
the Board shall then publicly read and announce the total number of
votes
obtained by each candidate based on the election returns.
Thereafter,
the copies of the election returns shall be sealed and placed in the
proper
envelopes for distribution as follows:
A. In the
election of president, vice-president, senators and party-list system:
(1)
The
first copy shall be delivered to the city or municipal board of
canvassers;
(2)
The
second copy, to the Congress, directed to the President of the Senate;
(3)
The
third copy, to the Commission;
(4)
The
fourth copy, to the citizens' arm authorized by the Commission to
conduct
an unofficial count. In the conduct of the unofficial quick count by
any
accredited citizens' arm, the Commission shall promulgate rules and
regulations
to ensure, among others, that said citizens' arm releases in the order
of their arrival one hundred percent (100%) results of a precinct
indicating
the precinct, municipality or city, province and region: Provided,
however,
that, the count shall continue until all precincts shall have been
reported.
(5)
The
fifth copy, to the dominant majority party as determined by the
Commission
in accordance with law;
(6)
The
sixth copy, to the dominant minority party as determined by the
Commission
in accordance with law; and
(7)
The
seventh copy shall be deposited inside the compartment of the ballot
box
for valid ballots.
The citizens'
arm shall provide copies of the election returns at the expense of the
requesting party.
For the
purpose of the May 11, 1998 elections, after the national ballots have
been counted, the COMELEC authorized representative shall implement the
provisions of paragraph A hereof.
B. In the
election of local officials and members of the House of Representatives:
(1)
The
first copy shall be delivered to the city or municipal board of
canvassers;
(2)
The
second copy, to the Commission;
(3)
The
third copy, to the provincial board of canvassers;
(4)
The
fourth copy, to the citizens' arm authorized by the Commission to
conduct
an unofficial count. In the conduct of the unofficial quick count by
any
accredited citizens' arm, the Commission shall promulgate rules and
regulations
to ensure, among others, that said citizens' arm releases in the order
of their arrival one hundred percent (100%) results of a precinct
indicating
the precinct, municipality or city, province and region: Provided,
however,
That, the count shall continue until all precincts shall have been
reported.
(5)
The
fifth copy, to the dominant majority party as determined by the
Commission
in accordance with law;
(6)
The
sixth copy, to the dominant minority party as determined by the
Commission
in accordance with law; and
(7)
The
seventh copy shall be deposited inside the compartment of the ballot
box
for valid ballots.
The citizens'
arm shall provide copies of election returns at the expense of the
requesting
party.
After the
votes from all precincts have been counted, a consolidated report of
votes
for each candidate shall be printed.
After the
printing of the election returns, the ballots shall be returned to the
ballot box, which shall be locked, sealed and delivered to the
city/municipal
treasurer for safekeeping. The treasurer shall immediately provide the
Commission and the election officer with a record of the serial numbers
of the ballot boxes and the corresponding metal seals.
Sec. 19. Custody and accountability of ballots.
— The election
officer
and the treasurer of the city/municipality as deputy of the Commission
shall have joint custody and accountability of the official ballots,
accountable
forms and other election documents as well as ballot boxes containing
the
official ballots cast. The ballot boxes shall not be opened for three
(3)
months unless the Commission orders otherwise.
Sec. 20. Substitution of Chairman and Members of
the Board of Canvassers.
— In case of non-availability, absence, disqualification due to
relationship,
or incapacity for any cause of the chairman, the Commission shall
appoint
as substitute, a ranking lawyer of the Commission. With respect to the
other members of the board, the Commission shall appoint as substitute
the following in the order named: the provincial auditor, the register
of deeds, the clerk of court nominated by the executive judge of the
regional
trial court, or any other available appointive provincial official in
the
case of the provincial board of canvassers; the officials in the city
corresponding
to those enumerated in the case of the city board of canvassers; and
the
municipal administrator, the municipal assessor, the clerk of court
nominated
by the judge of the municipal trial court, in the case of the municipal
board of canvassers.
Sec. 21. Canvassing by Provincial, City, District
and Municipal Boards of
Canvassers. — The city or municipal board of canvassers shall
canvass
the votes for the president, vice-president, senators, and parties,
organizations
or coalitions participating under the party-list system by
consolidating
the results contained in the data storage devices used in the printing
of the election returns. Upon completion of the canvass, it shall print
the certificate of canvass of votes for president, vice-president,
senators
and members of the House of Representatives and elective provincial
officials
and thereafter, proclaim the elected city or municipal officials, as
the
case may be.
The city
board of canvassers of cities comprising one (1) or more legislative
districts
shall canvass the votes for president, vice-president, senators,
members
of the House of Representatives and elective city officials by
consolidating
the results contained in the data storage devices used in the printing
of the election returns. Upon completion of the canvass, the board
shall
print the canvass of votes for president, vice-president, and senators
and thereafter, proclaim the elected members of the House of
Representatives
and city officials.
In the Metro
Manila area, each municipality comprising a legislative district shall
have a district board of canvassers which shall canvass the votes for
president,
vice-president, senators, members of the House of Representatives and
elective
municipal officials by consolidating the results contained in the data
storage devices used in the printing of the election returns. Upon
completion
of the canvass, it shall print the certificate of canvass of votes for
president, vice-president, and senators and thereafter, proclaim the
elected
members of the House of Representatives and municipal officials.
Each component
municipality in a legislative district in the Metro Manila area shall
have
a municipal board of canvassers which shall canvass the votes for
president,
vice-president, senators, members of the House of Representatives and
elective
municipal officials by consolidating the results contained in the data
storage devices used in the printing of the election returns. Upon
completion
of the canvass, it shall prepare the certificate of canvass of votes
for
president, vice-president, senators, members of the House of
Representatives
and thereafter, proclaim the elected municipal officials.
The district
board of canvassers of each legislative district comprising two (2)
municipalities
in the Metro Manila area shall canvass the votes for president,
vice-president,
senators and members of the House of Representatives by consolidating
the
results contained in the data storage devices submitted by the
municipal
board of canvassers of the component municipalities. Upon completion of
the canvass, it shall print a certificate of canvass of votes for
president,
vice-president and senators and thereafter, proclaim the elected
members
of the House of Representatives in the legislative district.
The
district/provincial
board of canvassers shall canvass the votes for president,
vice-president,
senators, members of the House of Representatives and elective
provincial
officials by consolidating the results contained in the data storage
devices
submitted by the board of canvassers of the municipalities and
component
cities. Upon completion of the canvass, it shall print the certificate
of canvass of votes for president, vice-president and senators and
thereafter,
proclaim the elected members of the House of Representatives and the
provincial
officials.
The municipal,
city, district and provincial certificates of canvass of votes shall
each
be supported by a statement of votes.
The Commission
shall adopt adequate and effective measures to preserve the integrity
of
the data storage devices at the various levels of the boards of
canvassers.
Sec. 22. Number of copies of Certificates of
Canvass of Votes and their
distribution.
— (a) The certificate of canvass of votes for president,
vice-president,
senators, members of the House of Representatives, parties,
organizations
or coalitions participating under the party-list system and elective
provincial
officials shall be printed by the city or municipal board of canvassers
and distributed as follows:
(1)
The
first copy shall be delivered to the provincial board of canvassers for
use in the canvass of election results for president, vice-president,
senators,
members of the House of Representatives, parties, organizations or
coalitions
participating under the party-list system and elective provincial
officials;
(2)
The
second copy shall be sent to the Commission;
(3)
The
third copy shall be kept by the chairman of the board; and
(4)
The
fourth copy shall be given to the citizens' arm designated by the
Commission
to conduct an unofficial count. It shall be the duty of the citizens'
arm
to furnish independent candidates copies of the certificate of canvass
at the expense of the requesting party.
The
board
of canvassers shall furnish all registered parties copies of the
certificate
of canvass at the expense of the requesting party.
(b)
The
certificate of canvass of votes for president, vice-president and
senators,
parties, organizations or coalitions participating under the party-list
system shall be printed by the city boards of canvassers of cities
comprising
one or more legislative districts, by provincial boards of canvassers
and
by district boards of canvassers in the Metro Manila area, and other
highly
urbanized areas and distributed as follows:
(1)
The
first copy shall be sent to Congress, directed to the President of the
Senate for use in the canvas of election results for president and
vice-president;
(2)
The
second copy shall be sent to the Commission for use in the canvass of
the
election results for senators;
(3)
The
third copy shall be kept by the chairman of the board; and
(4)
The
fourth copy shall be given to the citizens' arm designated by the
Commission
to conduct an unofficial count. It shall be the duty of the citizens'
arm
to furnish independent candidates copies of the certificate of canvass
at the expense of the requesting party.
The
board
of canvassers shall furnish all registered parties copies of the
certificate
of canvass at the expense of the requesting party.
(c)
The
certificates of canvass printed by the provincial, district, city or
municipal
boards of canvassers shall be signed and thumbmarked by the chairman
and
members of the board and the principal watchers, if available.
Thereafter,
it shall be sealed and placed inside an envelope which shall likewise
be
properly sealed.
In all instances,
where the Board of Canvassers has the duty to furnish registered
political
parties with copies of the certificate of canvass, the pertinent
election
returns shall be attached thereto, where appropriate.
Sec. 23. National Board of Canvassers for Senators.
— The chairman
and
members of the Commission on Elections sitting en banc, shall compose
the
national board of canvassers for senators. It shall canvass the results
for senators by consolidating the results contained in the data storage
devices submitted by the district, provincial and city boards of
canvassers
of those cities which comprise one or more legislative districts.
Thereafter,
the national board shall proclaim the winning candidates for senators.
Sec. 24. Congress as the National Board of
Canvassers for President and
Vice-President.
— The Senate and the House of Representatives in joint public session
shall
compose the national board of canvassers for president and
vice-president.
The returns of every election for president and vice-president duly
certified
by the board of canvassers of each province or city, shall be
transmitted
to the Congress, directed to the president of the Senate. Upon receipt
of the certificates of canvass, the president of the Senate shall, not
later than thirty (30) days after the day of the election, open all the
certificates in the presence of the Senate and the House of
Representatives
in joint public session and the Congress upon determination of the
authenticity
and the due execution thereof in the manner provided by law, canvass
all
the results for president and vice-president by consolidating the
results
contained in the data storage devices submitted by the district,
provincial
and city boards of canvassers and thereafter, proclaim the winning
candidates
for president and vice-president.
Sec. 25. Voters' education. — The Commission
together with and in
support
of accredited citizens' arms shall carry out a continuing and
systematic
campaign through newspapers of general circulation, radio and other
media
forms, as well as through seminars, symposia, fora and other
non-traditional
means to educate the public and fully inform the electorate about the
automated
election system and inculcate values on honest, peaceful and orderly
elections.
Sec. 26. Supervision and control. — The System
shall be under the
exclusive
supervision and control of the Commission. For this purpose, there is
hereby
created an information technology department in the Commission to carry
out the full administration and implementation of the System.
The Commission
shall take immediate steps as may be necessary for the acquisition,
installation,
administration, storage, and maintenance of equipment and devices, and
to promulgate the necessary rules and regulations for the effective
implementation
of this Act.
Sec. 27. Oversight Committee. — An Oversight
Committee is hereby
created
composed of three (3) representatives each from the Senate and the
House
of Representatives and three (3) from the Commission on Elections to
monitor
and evaluate the implementation of this Act. A report to the Senate and
the House of Representatives shall be submitted within ninety (90) days
from the date of election.
The oversight
committee may hire competent consultants for project monitoring and
information
technology concerns related to the implementation and improvement of
the
modern election system. The oversight committee shall be provided with
the necessary funds to carry out its duties.
Sec. 28. Designation of other dates for certain
pre-election acts. —
If it shall no longer be reasonably possible to observe the periods and
dates prescribed by law for certain pre-election acts, the Commission
shall
fix other periods and dates in order to ensure accomplishment of the
activities
so voters shall not be deprived of their suffrage.
Sec. 29. Election offenses. — In addition to
those enumerated in Sec.s
261 and 262 of Batas Pambansa Blg. 881, As Amended, the following acts
shall be penalized as election offenses, whether or not said acts
affect
the electoral process or results:
(a)
Utilizing
without authorization, tampering with, destroying or stealing:
(1)
Official
ballots, election returns, and certificates of canvass of votes used in
the System; and
(2)
Electronic
devices or their components, peripherals or supplies used in the System
such as counting machine, memory pack/diskette, memory pack receiver
and
computer set;
(b)
Interfering
with, impeding, absconding for purpose of gain, preventing the
installation
or use of computer counting devices and the processing, storage,
generation
and transmission of election results, data or information; and
(c)
Gaining
or causing access to using, altering, destroying or disclosing any
computer
data, program, system software, network, or any computer-related
devices,
facilities, hardware or equipment, whether classified or declassified.
Sec. 30.
Applicability. — The provisions of Batas Pambansa Blg. 881, As
Amended,
otherwise known as the "Omnibus Election Code of the Philippines", and
other election laws not inconsistent with this Act shall apply.
Sec. 31. Rules and Regulations. — The
Commission shall promulgate
rules
and regulations for the implementation and enforcement of this Act
including
such measures that will address possible difficulties and confusions
brought
about by the two-ballot system. The Commission may consult its
accredited
citizens' arm for this purpose.
Sec. 32. Appropriations. — The amount
necessary to carry out the
provisions
of this Act shall be charged against the current year's appropriations
of the Commission. Thereafter, such sums as may be necessary for the
continuous
implementation of this Act shall be included in the annual General
Appropriations
Act.
In case
of deficiency in the funding requirements herein provided, such amount
as may be necessary shall be augmented from the current contingent fund
in the General Appropriations Act.
Sec. 33. Separability clause. — If, for any
reason, any Sec. or
provision
of this Act or any part thereof, or the application of such Sec.,
provision
or portion is declared invalid or unconstitutional, the remainder
thereof
shall not be affected by such declaration.
Sec. 34. Repealing clause. — All laws,
presidential decrees,
executive
orders, rules and regulations or parts thereof inconsistent with the
provisions
of this Act are hereby repealed or modified accordingly.
Sec. 35. Effectivity. — This Act shall take
effect fifteen (15) days
after its publication in a newspaper of general circulation.
Approved:
December 22, 1997
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