Title
Amendments to RA 8436 for AES in Elections
Law
Republic Act No. 9369
Decision Date
Jan 23, 2007
The Amendment to R.A. No. 8436, also known as the Election Modernization Act, focuses on the process of canvassing election returns and the powers and functions of the Commission on Elections (COMELEC), including addressing election offenses and the prosecution of such offenses.

Law Summary

Definition of Key Terms

  • AES: Technology for voting, counting, consolidating, canvassing, transmission.
  • Electronic transmission: Data conveyed electronically.
  • Official ballot: Paper or technology-generated ballot representing votes.
  • Election returns: Printed/electronic vote results by precinct.
  • Certificates of canvass: Documents consolidating total votes at various government levels.
  • Paper-based and direct recording electronic election systems defined.
  • Counting centers: Designated public venues for vote counting.
  • Continuity plan: Contingency measures for AES operation.
  • Disabled voters: Persons impaired in using AES.
  • Source code: Human-readable computer instructions.
  • Station: Polling place or canvassing center.

Board of Election Inspectors (BEI) Composition

  • At least one BEI member per precinct must be IT-capable and certified free by the Department of Science and Technology (DOST).

Support for Board of Canvassers

  • AES implementation supported by authorized IT-capable persons deputized by COMELEC from government agencies.
  • Deputized personnel receive per diem equal to board members.

Authority to Use AES

  • COMELEC authorized to use AES (paper-based or direct electronic) in elections.
  • Initial pilot: AES implemented in specific cities and provinces across Luzon, Visayas, Mindanao.
  • Areas with officials under administrative charges within 16 months prior to 2007 elections excluded.
  • Local governments’ consent required before AES deployment.
  • AES to be implemented nationwide in future elections.

Minimum System Capabilities

  • AES must ensure:
    • Security against unauthorized access.
    • Accurate vote recording, tabulation, transmission.
    • Error recovery and system integrity.
    • Voter Verified Paper Audit Trail (VVPAT).
    • System auditability.
    • Election management capabilities.
    • Accessibility for illiterate and disabled voters.
    • Data retention and safekeeping provisions.
    • Official ballot utilization.
    • Voter verification systems.
    • Access control configurations.
  • COMELEC to develop evaluation system with advisory council assistance.

Secure Communication for AES

  • All AES electronic transmissions must use secure channels as recommended by Advisory Council to ensure authenticity.

Creation and Composition of Advisory Council

  • Convened before elections, deactivated post-canvassing.
  • Composed of:
    • Chairperson of Commission on Information and Communications Technology (CICT) as Chair.
    • Representatives from Department of Science and Technology, Department of Education.
    • Representatives from academe, ICT professional organizations, and electoral reform NGOs.
  • Members must be registered voters with independence, competence, and probity.
  • Disqualified if affiliated with political parties or candidates, or involved in IEC product marketing.
  • May use nonpartisan expert resource persons under similar restrictions.
  • CICT to provide necessary funding.

Functions of the Advisory Council

  • Recommend technology for AES.
  • Participate as nonvoting members in bidding and steering committees (except ICT professionals).
  • Advise on system development, testing, evaluation, and problem resolutions.
  • Assist with risk management and contingency planning.
  • Prepare written evaluation reports post-election.
  • Does not diminish COMELEC’s authority.
  • Members entitled to reasonable allowances.

Establishment and Functions of Technical Evaluation Committee

  • Composed of representatives from COMELEC, CICT, and DOST (Chair).
  • Certify AES operation readiness three months before elections; earlier for pilot elections.
  • Certification includes field testing, software audits, source code review, and escrow certification.
  • Development of continuity plans to avoid election failures.
  • COMELEC must provide written reasons to Oversight Committee if proceeding without certification.
  • May engage resource persons with required qualifications.
  • Coordinate with steering committee on deliverables and timelines.

Procurement of Materials and Equipment

  • COMELEC authorized to acquire supplies, hardware, software, and services via purchase, lease, or rent, tax and duty-free.
  • For 2010 and beyond, AES must have proven electoral experience nationally or internationally.
  • Total implementation costs included in bid evaluation.

Continuity Plan

  • AES must include contingency measures for system breakdowns.
  • Activation requires notification of political party representatives and citizens’ arm.
  • Plans must be published and distributed to political parties and posted publicly prior to elections.

Examination and Testing of AES Equipment

  • Political parties, candidates, and citizen representatives may examine and test equipment before elections.
  • Test ballots and forms provided.
  • Comments submitted immediately for COMELEC action.
  • Source code made available for review to interested parties upon AES selection.

Official Ballots Format and Printing

  • COMELEC prescribes ballot formats and electronic displays.
  • Candidates listed alphabetically; consistent font size; signature space for authentication.
  • Filing deadlines correlated with campaign periods and candidacy status.
  • National Printing Office or Bangko Sentral ng Pilipinas prints ballots under security; private printers allowed if necessary.
  • Anti-counterfeit measures, e.g., holograms and bar codes, mandated.
  • Number of ballots printed with provisions per registered voter plus extras.

Ballot Boxes and Voting Procedure

  • Ballot boxes required with safety features, proper size for official ballots.
  • COMELEC prescribes clear, secrecy-respecting voting procedures.

Polls Closing and Vote Reporting

  • COMELEC to prescribe poll closing times and vote counting and reporting procedures.

Counting Centers and Notice Posting

  • Election officers must publicly post counting center designations at least three weeks before elections, including precinct coverage and voter counts.
  • Notice sent to political parties and posted online and in local newspapers.
  • Military and police premises excluded from counting center locations.

Counting Procedures and Election Returns

  • Counting procedure prescribed with requirement to print 30 copies of election returns.
  • Election returns bear control marks, signatures, and thumbmarks of BEI members and watchers.
  • Chair reads results publicly.
  • Prints distributed to multiple recipients including boards of canvassers, Congress, political parties, media, and citizens’ arms; posting in polling places mandatory.
  • Transmission of electronically signed results considered official.

Canvassing Process and Certificates of Canvass

  • City/municipal boards canvass votes for major positions, consolidate electronically transmitted results.
  • Certification printed for votes and proclamation of elected officials.
  • Specific provisions for Metro Manila with district and municipal boards.
  • Certificates supported by statements of votes.
  • Boards must electronically transmit certificates within one hour after canvassing.
  • COMELEC ensures integrity of digital transmissions.

Copies and Distribution of Certificates of Canvass

  • Multiple copies produced and distributed to provincial boards, COMELEC, Congress, political parties, media, citizens’ arms.
  • Posting on walls in canvassing centers with 48-hour public viewing.
  • Copies may be claimed at polling or canvassing centers.
  • Print and electronic copies may be used for unofficial counts.

National Boards of Canvassers

  • COMELEC en banc is national board for senators and party-list representatives, consolidates certificates electronically and proclaims winners.
  • Congress as national board for president and vice-president canvasses certificates and proclaims winners after authenticity verification.

Random Manual Audit

  • One precinct per congressional district randomly audited manually.
  • Discrepancies trigger root cause analysis and possible manual count.

Authentication of Electronic Results

  • Authentication and certification procedures follow RA 7166, supplemented by Electronic Commerce Act and Supreme Court rules.

Stakeholder Education and Training

  • Widespread education six months prior to elections via media and seminars.
  • Stakeholders: public, COMELEC staff, government agencies, local officials, incumbents, political parties, military, and police.
  • Training promotes understanding and acceptance of AES.
  • Continuous public campaigns with accredited citizens’ arms.

Joint Congressional Oversight Committee

  • Comprised of 14 members (7 Senate, 7 House), majority and minority representation.
  • Monitors AES implementation and receives reports from Advisory Council.
  • Reviews AES performance annually after elections.
  • Makes recommendations on technology adoption, improvements, and future implementation scope.

Prohibited Acts and Penalties

  • Unauthorized use, tampering, stealing of ballots, election returns, AES devices.
  • Interfering with installation or transmission of election data.
  • Gaining unauthorized access or altering election software or data.
  • Refusal or failure to provide election returns to parties or citizens’ arm.
  • Failure to post voter lists.
  • Penalty: 8 years and 1 day to 12 years imprisonment, disqualification from public office and suffrage, perpetual disqualification for non-elective offices.

Applicability and Enforcement

  • Omnibus Election Code and other election laws apply unless inconsistent.
  • COMELEC empowered to promulgate rules for implementation and enforcement.

Amendments to Omnibus Election Code and Related Laws

  • Procedural details for vote counting, election returns, canvassing, posting, and certification updated to conform with AES use.
  • Official watchers established with specific entitlements and per diem.
  • Counting must be public, uninterrupted, and in the presence of watchers.

Funding and Appropriations

  • Initial P2.6 billion allocated for AES modernization.
  • Up to P3 billion allocated for manual systems.
  • Unused funds continue to be appropriated and do not revert to General Fund.

Separability and Repealing Clauses

  • Invalid sections do not affect the remainder of the law.
  • All inconsistent laws, decrees, and rules repealed or modified.

Effectivity

  • The Act take
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