SECTION 1. Section 1 of Republic Act No. 8436 is hereby amended to read as follows:

“SECTION 1. Declaration of Policy. – It is the policy of the State to ensure free, orderly, honest, peaceful, credible and informed elections, plebiscites, referenda, recall and other similar electoral exercises by improving on the election process and adopting systems, which shall involve the use of an automated election system that will ensure the secrecy and sanctity of the ballot and all election, consolidation and transmission documents in order that the process shall be transparent and credible and that the results shall be fast, accurate and reflective of the genuine will of the people.

“The State recognizes the mandate and authority of the Commission to prescribe the adoption and use of the most suitable technology of demonstrated capability taking into account the situation prevailing in the area and the funds available for the purpose.”

SEC. 2. Section 2 of Republic Act No. 8436 is hereby amended to read as follows:

“SEC. 2. Definition of Terms. – As used in this Act, the following terms shall mean:

“1. Automated election system, hereinafter referred to as AES – a system using appropriate technology which has been demonstrated in the voting, counting, consolidating, canvassing, and transmission of election results, and other electoral processes;

“2. Electronic transmission – conveying data in electronic form from one location to another;

“3. Official ballot – where AES is utilized, refers to the paper ballot, whether printed or generated by the technology applied, that faithfully captures or represents the votes cast by a voter recorded or to be recorded in electronic form;

“4. Election returns – a document in electronic and printed form directly produced by the counting or voting machine, 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 in areas where AES is utilized;

“5. Statement of votes – a document containing the votes obtained by candidates in each precinct in a city/municipality;

“6. City/municipal/district/provincial certificate of canvass – a document in electronic and printed form containing the total votes in figures obtained by each candidate in a city/municipality/district/province as the case may be. The electronic certificates of canvass shall be the official canvass results in the aforementioned jurisdictions;

“7. Paper-based election system – a type of automated election system that uses paper ballots, records and counts votes, tabulates, consolidates/canvasses and transmits electronically the results of the vote count;”

“8. Direct recording electronic election system – a type of automated election system that uses electronic ballots, records votes by means of a ballot display provided with mechanical or electro-optical components that can be activated by the voter, processes data by means of a computer program, records voting data and ballot images, and transmits voting results electronically;

“9. Counting center – a public place within the city/municipality or in such other places as may be designated by the Commission where the official ballots cast in various precincts of the city/municipality shall be counted. Polling places or voting centers may also be designated as counting centers;

“10. Continuity plan – a list of contingency measures, and the policies for activation of such, that are put in place to ensure continuous operation of the AES;

“11. Disabled voters – a person with impaired capacity to use the AES;

“12. Source code – human readable instructions that define what the computer equipment will do; and

“13. Station – refers to a polling place, counting center, municipal or provincial canvassing center.”

SEC. 3. Section 3 of Republic Act No. 8436 is hereby amended to read as follows:

“SEC 3. Board of Election Inspectors. – Where AES shall be adopted, at least one member of the Board of Election Inspectors shall be an information technology-capable person, who is trained or certified by the DOST to use the AES. Such certification shall be issued by the DOST, free of charge.”

SEC. 4. Section 4 of Republic Act No. 8436 is hereby deleted. The succeeding sections are hereby renumbered accordingly.

SEC. 5. Section 5 of Republic Act No. 8436 is hereby amended to read as follows:

“SEC. 4. Information Technology Support for the Board of Canvassers. – To implement the AES, each board of canvassers shall be assisted by an information technology-capable person authorized to operate the equipment adopted for the elections. The Commission shall deputize information technology personnel from among the agencies and instrumentalities of the government, including government-owned and controlled corporations. The per diem of the deputized personnel shall be the same as that of the members of the board of canvassers.”

SEC. 6. Section 6 of Republic Act No. 8436 is hereby amended to read as follows:

“SEC. 5. 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 or systems in the same election in different provinces, whether paper-based or a direct recording electronic election system as it may deem appropriate and practical for the process of voting, counting of votes and canvassing/consolidation and transmittal of results of electoral exercises: Provided, That for the regular national and local elections, which shall be held immediately after effectivity of this Act, the AES shall be used in at least two highly urbanized cities and two provinces each in Luzon, Visayas and Mindanao, to be chosen by the Commission: Provided, further, That local government units whose officials have been the subject of administrative charges within sixteen (16) months prior to the May 14, 2007 elections shall not be chosen: Provided finally, That no area shall be chosen without the consent of the Sanggunian of the local government unit concerned. The term local government unit as used in this provision shall refer to a highly urbanized city or province. In succeeding regular national or local elections, the AES shall be implemented nationwide.”

SEC. 7. Section 7 of Republic Act No. 8436 is hereby amended to read as follows:

“SEC. 6. Minimum System Capabilities. – “The automated election system must at least have the following functional capabilities:

(a) Adequate security against unauthorized access;

(b) Accuracy in recording and reading of votes as well as in the tabulation, consolidation/canvassing, electronic transmission, and storage of results;

(c) Error recovery in case of non-catastrophic failure of device;

(d) System integrity which ensures physical stability and functioning of the vote recording and counting process;

(e) Provision for voter verified paper audit trail;

(f) System auditability which provides supporting documentation for verifying the correctness of reported election results;

(g) An election management system for preparing ballots and programs for use in the casting and counting of votes and to consolidate, report and display election results in the shortest time possible;

(h) Accessibility to illiterates and disabled voters;

(i) Vote tabulating program for election, referendum or plebiscite;

(j) Accurate ballot counters;

(k) Data retention provision;

(l) Provide for the safekeeping, storing and archiving of physical or paper resource used in the election process;

(m) Utilize or generate official ballots as herein defined;

(n) Provide the voter a system of verification to find out whether or not the machine has registered his choice; and

(o) Configure access control for sensitive system data and functions.

“In the procurement of this system, the Commission shall develop and adopt an evaluation system to ascertain that the above minimum system capabilities are met. This evaluation system shall be developed with the assistance of an advisory council.”

SEC. 8. A new Section 7 is hereby provided to read as follows:

“SEC. 7. Communication Channels for Electronic Transmissions. – All electronic transmissions by and among the AES and its related components shall utilize secure communication channels as recommended by the Advisory Council, to ensure authentication and integrity of transmissions.”

SEC. 9. New Sections 8, 9, 10 and 11 are hereby provided to read as follows:

“SEC. 8. The Advisory Council. – The Commission shall create an Advisory Council, hereafter referred to as the Council, which shall be convened not later than eighteen (18) months prior to the next scheduled electoral exercise, and deactivated six months after completion of canvassing: Provided, for purposes of the 2007 elections, the Advisory Council shall be immediately convened within ten (10) days after the effectivity of this Act.

“The Council shall be composed of the following members, who must be registered Filipino voters, of known independence, competence and probity;

“(a) The Chairman of the Commission on Information and Communications Technology (CICT) who shall act as the chairman of the Council;

“(b) One member from the Department of Science and Technology;

“(c) One member from the Department of Education;

“(d) One member representing the academe, to be selected by the chair of the Advisory Council from among the list of nominees submitted by the country’s academic institutions;

“(e) Three members representing ICT professional organizations to be selected by the chair of the Advisory Council from among the list of nominees submitted by Philippine-based ICT professional organizations. Nominees shall be individuals, at least one of whom shall be experienced in managing or implementing large-scale IT projects.

“(f) Two members representing nongovernmental electoral reform organizations, to be selected by the chair of the Advisory Council from among the list of nominees submitted by the country’s nongovernmental electoral reform organizations.

“A person who is affiliated with any political party or candidate for any national position, or is related to a candidate for any national position by affinity or consanguinity within the fourth civil degree, shall not be eligible for appointment or designation to the Advisory Council. Should any such situation arise at any time during the incumbency of a member, the designation or appointment of that member shall ipso facto be terminated.

“Any member of the Advisory Council is prohibited from engaging, directly or indirectly, with any entity that advocates, markets, imports, produces or in any manner handles software, hardware or any equipment that may be used for election purposes for personal gain.

“Any violation of the two immediately preceding paragraphs shall disqualify said member from the Advisory Council and shall be punishable as provided in this Act and shall be penalized in accordance with the Anti-Graft and Corrupt Practices Act and other related laws.

“The council may avail itself of the expertise and services of resource persons who are of known independence, competence and probity, are nonpartisan, and do not possess any of the disqualifications applicable to a member of the Advisory Council as provided herein. The resource persons shall also be subject to the same prohibitions and penalties as the members of the Advisory Council.

“The Commission on Information and Communications Technology (CICT) shall include in its annual appropriation the funds necessary to enable the Council to effectively perform its functions.”

“SEC. 9. Functions of the Advisory Council. – The Council shall have the following functions:

1. Recommend the most appropriate, secure, applicable and cost-effective technology to be applied in the AES, in whole or in part, at that specific point in time.

2. Participate as nonvoting members of the Bids and Awards Committee in the conduct of the bidding process for the AES. Members of the Advisory Council representing the ICT professional organizations are hereby excluded from participating in any manner in the Bids and Awards Committee.

3. Participate as nonvoting members of the steering committee tasked with the implementation of the AES. Members of the Advisory Council representing the ICT professional organizations are hereby excluded from participating in any manner in the steering committee.

4. Provide advice and assistance in the review of the systems planning, inception, development, testing, operationalization, and evaluation stages.

5. Provide advice and/or assistance in the identification, assessment and resolution of systems problems or inadequacies as may surface or resurface in the course of the bidding, acquisition, testing, operationalization, re-use, storage or disposition of the AES equipment and/or resources as the case may be.

6. Provide advice and/or assistance in the risk management of the AES especially when a contingency or disaster situation arises.

7. Prepare and submit a written report, which shall be submitted within six months from the date of the election to the oversight committee, evaluating the use of the AES.

Nothing in the role of the Council or any outside intervention or influence shall be construed as an abdication or diminution of the Commission’s authority and responsibility for the effective development, management and implementation of the AES and this Act.”

The Advisory Council shall be entitled to a just and reasonable amount of per diem allowances and/or honoraria to cover the expenses of the services rendered chargeable against the budget of the Commission.”

“SEC. 10. The Technical Evaluation Committee. – The Commission, in collaboration with the chairman of the Advisory Council, shall establish an independent technical evaluation committee, herein known as the Committee, composed of a representative each from the Commission, the Commission on Information and Communications Technology and the Department of Science and Technology who shall act as Chairman of the Committee.

“The Committee shall be immediately convened within ten (10) days after the effectivity of this Act.”

“SEC. 11. Functions of the Technical Evaluation Committee. – The Committee shall certify, through an established international certification entity to be chosen by the Commission from the recommendations of the Advisory Council, not later than three months before the date of the electoral exercise, categorically stating that the AES, including its hardware and software components, is operating properly, securely, and accurately, in accordance with the provisions of this Act based, among others, on the following documented results:

1. The successful conduct of a field testing process followed by a mock election event in one or more cities/municipalities;

2. The successful completion of audit on the accuracy, functionality and security controls of the AES software;

3. The successful completion of a source code review;

4. A certification that the source code is kept in escrow with the Bangko Sentral ng Pilipinas;

5. A certification that the source code reviewed is one and the same as that used by the equipment; and

6. The development, provisioning, and operationalization of a continuity plan to cover risks to the AES at all points in the process such that a failure of elections, whether at voting, counting or consolidation, may be avoided.

For purposes of the 2007 elections, the certification shall be done not later than eight weeks prior to the date of the elections.

“If the Commission decides to proceed with the use of the AES without the Committee’s certification, it must submit its reason in writing, to the Oversight Committee, no less than thirty (30) days prior to the electoral exercise where the AES will be used.

“The Committee may avail itself of the expertise and services of resource persons who are of known independence, competence and probity, are non partisan, and who do not possess any of the disqualifications applicable to a member of the Advisory Council as provided herein. The resource persons shall also be subject to the same prohibitions and penalties as the members of the Advisory Council.

“The Committee shall closely coordinate with the steering committee of the Commission tasked with the implementation of the AES in the identification and agreement of the project deliverables and timelines, and in the formulation of the acceptance criteria for each deliverable.”

SEC. 10. Section 8 of Republic Act No. 8436 is hereby amended to read as follows:

“SEC. 12. Procurement of Equipment and Materials. – To achieve the purpose of this Act, the Commission is authorized to procure, in accordance with existing laws, by purchase, lease, rent or other forms of acquisition, supplies, equipment, materials, software, facilities and other services, from local or foreign sources free from taxes and import duties, subject to accounting and auditing rules and regulations. With respect to the May 10, 2010 elections and succeeding electoral exercises, the system procured must have demonstrated capability and been successfully used in a prior electoral exercise here or abroad. Participation in the 2007 pilot exercise shall not be conclusive of the system’s fitness.

“In determining the amount of any bid from a technology, software or equipment supplier, the cost to the government of its deployment and implementation shall be added to the bid price as integral thereto. The value of any alternative use to which such technology, software or equipment can be put for public use shall not be deducted from the original face value of the said bid.”

SEC. 11. Section 9 of Republic Act No. 8436 is hereby amended to read as follows:

“SEC. 13. Continuity Plan. – The AES shall be so designed to include a continuity plan in case of a systems breakdown or any such eventuality which shall result in the delay, obstruction or nonperformance of the electoral process. Activation of such continuity and contingency measures shall be undertaken in the presence of representatives of political parties and citizens’ arm of the Commission who shall be notified by the election officer of such activation.

“All political parties and party-lists shall be furnished copies of said continuity plan at their official addresses as submitted to the Commission. The list shall be published in at least two newspapers of national of circulation and shall be posted at the website of the Commission at least fifteen (15) days prior to the electoral activity concerned.”

SEC. 12. Section 10 of Republic Act No. 8436 is hereby amended to read as follows:

“SEC. 14. Examination and Testing of Equipment or Device of the AES and Opening of the Source Code for Review. – The Commission shall allow the political parties and candidates or their representatives, citizens’ arm or their representatives to examine and test.

“The equipment or device to be used in the voting and counting on the day of the electoral exercise, before voting starts. Test ballots and test forms shall be provided by the Commission.

“Immediately after the examination and testing of the equipment or device, the parties and candidates or their representatives, citizens’ arms or their representatives, may submit a written comment to the election officer who shall immediately transmit it to the Commission for appropriate action.

“The election officer shall keep minutes of the testing, a copy of which shall be submitted to the Commission together with the minutes of voting.”

“Once an AES technology is selected for implementation, the Commission shall promptly make the source code of that technology available and open to any interested political party or groups which may conduct their own review thereof.”

SEC. 13. Section 11 of Republic Act No. 8436 is hereby amended to read as follows:

“SEC. 15. Official Ballot. – The Commission shall prescribe the format of the electronic display and/or the size and form of the official ballot, which shall contain the titles of the position to be filled and/or the propositions to be voted upon in an initiative, referendum or plebiscite. Where practicable, electronic displays must be constructed to present the names of all candidates for the same position in the same page or screen, otherwise, the electronic displays must be constructed to present the entire ballot to the voter, in a series of sequential pages, and to ensure that the voter sees all of the ballot options on all pages before completing his or her vote and to allow the voter to review and change all ballot choices prior to completing and casting his or her ballot. Under each position to be filled, the names of candidates shall be arranged alphabetically by surname and uniformly indicated using the same type size. The maiden or married name shall be listed in the official ballot, as preferred by the female candidate. Under each proposition to be voted upon, the choices should be uniformly indicated using the same font and 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.

“For this purpose, the Commission shall set the deadline for the filing of certificate of candidacy/petition of registration/manifestation to participate in the election. Any person who files his certificate of candidacy within this period shall only be considered as a candidate at the start of the campaign period for which he filed his certificate of candidacy: Provided, That, unlawful acts or omissions applicable to a candidate shall take effect only upon the start of the aforesaid campaign period: Provided, finally, That any person holding a public appointive office or position, including active members of the armed forces, and officers and employees in government-owned or -controlled corporations, shall be considered ipso facto resigned from his/her office and must vacate the same at the start of the day of the filing of his/her certificate of candidacy.

“Political parties may hold political conventions to nominate their official candidates within thirty (30) days before the start of the period for filing a certificate of candidacy.

“With respect to a paper-based election system, 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 citizen’s arms of the Commission shall 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 necessary safeguards, such as, but not limited to, bar codes, holograms, color shifting ink, microprinting, are provided on the ballot.

“The official ballots shall be printed and distributed to each city/municipality at the rate of one ballot for every registered voter with a provision of additional three ballots per precinct.”

SEC. 14. Section 13 of Republic Act No. 8436 is hereby amended to read as follows:

“SEC. 17. Ballot box. – Where applicable, 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.”

SEC. 15. Section 14 of Republic Act No. 8436 is hereby amended to read as follows:

“SEC. 18. Procedure in voting. – The Commission shall prescribe the manner and procedure of voting, which can be easily understood and followed by the voters, taking into consideration, among other things, the secrecy of the voting.”

SEC. 16. Section 15 of Republic Act No. 8436 is hereby amended to read as follows:

“SEC. 19. Closing of polls. – The Commission shall prescribe the time, manner and procedure of closing the polls and the steps for the correct reporting of votes cast and the proper conduct of counting for areas covered by the AES.”

SEC. 17. Section 16 of Republic Act No. 8436 is hereby amended to read as follows:

“SEC. 20. Notice of Designation of Counting Centers. – The election officer shall post prominently in his/her office, in the bulletin boards at the city/municipal hall and in three other conspicuous places in the city/municipality, the notice on the designated counting center(s) for at least three weeks prior to election day. The notice shall specify the precincts covered by each counting center and the number of registered voters in each of said precincts. The election officer shall also furnish a copy of the notice to the headquarters or official address of the political parties or independent candidates within the same period. The election officer shall post in the Commission website concerned the said notice and publish the notices in the local newspapers. Where the polling place or voting center is also the designated counting center, such information shall be contained in the notice.

“The Commission may not designate as counting center any building or facility located within the premises of a camp, reservation compound, headquarters, detachment, or field office of the military, police, prison or detention bureau, or any law enforcement or investigation agency.”

SEC. 18. Section 17 of Republic Act No. 8436 is hereby amended to read as follows:

“SEC. 21. Counting Procedure. – The Commission shall prescribe the manner and procedure of counting the votes under the automated system: Provided, That apart from the electronically stored result, thirty (30) copies of the election return are printed.”

SEC. 19. Section 18 of Republic Act No. 8436 is hereby amended to read as follows:

“SEC. 22. Electronic Returns. – Each copy of the printed election returns shall bear appropriate control marks to determine the time and place of printing. Each copy shall be signed and thumbmarked by all the members of the board of election inspectors and the watchers present. If any member of the board of election inspectors present refuses to sign, the chairman of the board shall note the same copy in each copy of the printed election returns. The member of the board of election inspectors concerned refusing to sign shall be compelled to explain his or her refusal to do so. Failure to explain an unjustifiable refusal to sign each copy of the printed election return by any member of the board of election inspectors shall be punishable as provided in this Act. The chairman of the board shall then publicly read and announce the total numbers of registered voters, the total number of voters who actually voted and the total numbers of votes obtained by each candidate based on the election returns.

“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.

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 eighth copy, to the Provincial Board of Canvassers;

9) The ninth to the eighteenth copies, to the ten (10) accredited major national parties, excluding the dominant majority and minority parties, in accordance with a voluntary agreement among them. If no such agreement is reached, the Commission shall decide which parties shall receive the copies on the basis of the criteria provided in Section 26 of Republic Act No. 7166;

10) The nineteenth and twentieth copies, to the two accredited major local parties in accordance with a voluntary agreement among them. If no such agreement is reached, the Commission shall decide which parties shall receive the copies on the basis of criteria analogous to that provided in Section 26 of Republic Act No. 7166;

11) The twenty-first to the twenty-fourth copies, to national broadcast or print media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible;

12) The twenty-fifth and twenty-sixth copies, to local broadcast or print media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible; and

13) The twenty-seventh to the thirtieth copies, to the major citizens’ arms, including the accredited citizens’ arm, and other non-partisan groups or organization enlisted by the Commission pursuant to Section 52(k) of Batas Pambansa Blg. 881. Such citizens’ arms, groups and organizations may use the four certified copies of election returns for the conduct of citizens’ quick counts at the local or national levels;

“B. In the election of local officials and members of the House of Representatives:

1) The first copy shall be delivered to the city or municipal board of canvassers;

2) The second copy, to the Commission;

3) The third copy, to the provincial board of canvassers;

4) The fourth copy, to the citizens’ arm authorized by the Commission to conduct an unofficial count.

5) The fifth copy, to the dominant majority party as determined by the Commission in accordance with law;

6) The sixth copy, to the dominant minority party as determined by the Commission in accordance with law; and

7) The seventh copy shall be deposited inside the compartment of the ballot box for valid ballots;

The eight copy to be posted conspicuously on a wall within the premises of the polling place or counting center;

9) The ninth to the eighteenth copies, shall be given to the ten (10) accredited major national parties, excluding the dominant majority and minority parties, in accordance with a voluntary agreement among them. If no such agreement is reached, the Commission shall decide which parties shall receive the copies on the basis of the criteria provided in Section 26 of Republic Act No. 7166;

10) The nineteenth and twentieth copies shall be given to the two accredited major local parties in accordance with a voluntary agreement among them. If no such agreement is reached, the Commission shall decide which parties shall receive the copies on the basis of criteria analogous to that provided in Section 26 of Republic Act No. 7166;

11) The twenty-first to the twenty-fifth copies, to national broadcast or print media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible;

12) The twenty-sixth and twenty-seventh copies, to local broadcast or print media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible; and

13) The twenty-eighth to the thirtieth copies to the major citizens’ arms, including the accredited citizens’ arm, and other non-partisan groups or organizations enlisted by the Commission pursuant to section 52(k) of Batas Pambansa Blg. 881. Such citizens’ arms, groups and organizations may use the five certified copies of election returns for the conduct of citizens’ quick counts at the local or national levels.

“Immediately after the eight copy is printed, the poll clerk shall announce the posting of said copy on a wall within the premises of the polling place or counting center, which must be sufficiently lighted and accessible to the public. Any person may view or capture an image of the election return by means of any data capturing device such as, but not limited to, cameras at any time of the day for forty-eight (48) hours following its posting. After such period, the chairman of the board of election inspectors shall detach the election return from the wall and keep the same in his custody to be produced as may be requested by any voter for image or data capturing or for any lawful purpose as may be ordered by competent authority.

“Within one hour after the printing of the election returns, the chairman of the board of election inspectors or any official authorized by the Commission shall, in the presence of watchers and representatives of the accredited citizen’s arm, political parties/candidates, if any, electronically transmit the precinct results to the respective levels of board of canvassers, to the dominant majority and minority party, to the accredited citizen’s arm, and to the Kapisanan ng mga Broadcasters ng Pilipinas (KBP).

“The election results at the city/municipality canvassing centers shall be transmitted in the same manner by the election officer or any official authorized by the Commission to the district or provincial canvassing centers.

“The election returns transmitted electronically and digitally signed shall be considered as official election results and shall be used as the basis for the canvassing of votes and the proclamation of a candidate.”

“After the electronic results have been transmitted, additional copies not to exceed thirty (30) may be printed and given to requesting parties at their own expense.”

SEC. 20. Section 21 of Republic Act No. 8436 is hereby amended to read as follows:

“SEC. 25. Canvassing by Provincial, City, District and Municipal Boards of Canvassers. – The city or municipal board of canvassers shall canvass the votes for the president, vice-president, senators, and parties, organizations or coalitions participating under the party-list system by consolidating the electronically transmitted results or the results contained in the data storage devices used in the printing of the election returns. Upon completion of the canvass, it shall print the certificate of canvass of votes for president, vice-president, senators and members of the House of Representatives and elective provincial officials and thereafter, proclaim the elected city or municipal officials, as the case may be.

“The city board of canvassers of cities comprising one or more legislative districts shall canvass the votes for president, vice-president, senators, members of the House Representatives and elective city officials by consolidating the certificates of canvass electronically transmitted or the results contained in the data storage devices used in the printing of the election returns. Upon completion of the canvass, the board shall produce 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 electronically transmitted results or the results contained in the data storage devices used in the printing of the election returns. Upon completion of the canvass, it shall produce the certificate of canvass of votes for president, vice-president, and senators and thereafter, proclaim the elected members of the House Representatives and municipal officials.

“Each component municipality in a legislative district in the Metro Manila area shall have a municipal board of canvassers which shall canvass the votes for president, vice-president, senators, members of the House of Representatives and elective municipal officials by consolidating the results electronically transmitted from the counting centers or the results contained in the data storage devices used in the printing of the election returns. Upon completion of the canvass, it shall prepare the certificate of canvass of votes for president, vice-president, senators, members of the House of Representatives and thereafter, proclaim the elected municipal officials.

“The district board of canvassers of each legislative district comprising two municipalities in the Metro Manila area shall canvass the votes for president, vice-president, senators and members of the House of Representatives by consolidating the certificates of canvass electronically transmitted from the city/municipal consolidating centers or the results contained in the data storage devices submitted by the municipal board of canvassers of the component municipalities. Upon completion of the canvass, it shall produce a certificate of 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 electronically transmitted from the city/municipal consolidating centers or the results contained in the data storage devices submitted by the board of canvassers of the municipalities and component cities. Upon completion of the canvass, it shall produce the certificate of canvass 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.

“Within one hour after the canvassing, the Chairman of the district or provincial Board of Canvassers or the city board of canvassers of those cities which comprise one or more legislative districts shall electronically transmit the certificates of canvass to the Commission sitting as the national board of canvassers for senators and party-list representatives and to the Congress as the National Board of Canvassers for the president and vice president, directed to the President of the Senate.

“The Commission shall adopt adequate and effective measures to preserve the integrity of the certificates of canvass transmitted electronically and the results in the storage devices at the various levels of the boards of canvassers.

“The certificates of canvass transmitted electronically and digitally signed shall be considered as official election results and shall be used as the basis for the proclamation of a winning candidate.”

SEC. 21. Section 22 of Republic Act No. 8436 is hereby amended to read as follows:

“SEC. 26. 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 produced by the city or municipal board of canvassers and distributed as follows:

“(1) The first copy shall be delivered to the provincial board of canvassers for use in the canvass of election results for president, vice-president, senators, members of the House of Representatives, parties, 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.

“(5) The fifth copy to Congress, directed to the President of Senate;

“(6) The sixth copy to be posted on a wall within the premises of the canvassing center;

“(7) The seventh and eighth copies shall be given to the dominant majority and minority parties;

“(8) The ninth to eighteenth copies shall be given to the ten (10) accredited major national parties, excluding the dominant majority and minority parties, in accordance with a voluntary agreement among them. If no such agreement is reached, the Commission shall decide which parties shall receive the copies on the basis of the criteria provided in Section 26 of Republic Act No. 7166;

“(9) The nineteenth and twentieth copies shall be given to the two accredited major local parties in accordance with a voluntary agreement among them. If no such agreement is reached, the Commission shall decide which parties shall receive the copies on the basis of criteria analogous to that provided in Section 26 of Republic Act No. 7166;

“(10) The twenty-first to the twenty-fifth copies, to national broadcast or print media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible;

“(11) The twenty-sixth and twenty-seventh copies, to local broadcast or print media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible; and

“(12) The twenty-eighth to the thirtieth copies, to the major citizens’ arms, including the accredited citizens’ arm, and other non-partisan groups or organizations enlisted by the Commission pursuant to Section 52(k) of Batas Pambansa Blg. 881. Such citizens’ arms, groups and organization may use the three certified copies of election returns for the conduct of citizens’ quick counts at the local or national levels.”

“The board of canvassers shall furnish all other registered parties copies of the 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 produced by the city boards of canvassers of cities comprising one or more legislative districts, by provincial boards of canvassers and by district boards of canvassers in the Metro Manila area, and other highly urbanized areas and distributed as follows:

“(1) The first copy shall be sent to Congress, directed to the President of the Senate for use in the canvass of election results for president and vice-president;

“(2) The second copy shall be sent to the Commission for use in the canvass of the election results for senators;

“(3) The third copy shall be kept 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.

“(5) The fifth copy to Congress, directed to the President of the Senate;

“(6) The six copy to be posted on a wall within the premises of the canvassing center;

“(7) The seventh and eight copies to the dominant majority and minority parties;

“(8) The ninth and tenth copies to two accredited major national parties representing the majority and the minority, excluding the dominant majority and minority parties, to be determined by the Commission on the basis of the criteria provided in Section 26 of Republic Act No. 7166;

“(9) The eleventh to thirteenth copies to national broadcast media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible; and

“(10) The fourteenth copy to another citizens’ arm or in the absence thereof, to a non-partisan group or organization enlisted by the Commission pursuant to Section 52(k) of Batas Pambansa Blg. 881. Such citizens’ arm or non-partisan group or organization may use the copy of election return for the conduct of citizens’ quick counts at the local or national levels. “The board of canvassers shall furnish all other registered parties copies of the certificate of canvass at the expense of the requesting party.

“(c) The certificates of canvass printed by the provincial, district, city or municipal boards of canvassers shall be signed and thumb marked by the chairman and members of the board and the principal watchers, if available. Thereafter, it shall be sealed and placed inside an envelope which shall likewise be properly sealed.

“In all instances, where the Board of Canvassers has the duty to furnish registered political parties with copies of the certificate of canvass, the pertinent election returns shall be attached thereto, where appropriate.”

“Immediately after the sixth copy and its supporting statement of votes are printed, the chairman of the board of canvassers shall announce the posting of said prints on a wall within the premises of the canvassing center, which must be sufficiently lighted and accessible to the public. Any person may view or capture an image of the Certificate of Canvass or the supporting statement of votes by means of any data capturing device such as, but not limited to, cameras at any time of the day for forty-eight (48) hours following the posting. After such period, the chairman of the board of canvassers shall detach the election return from the wall and keep the same in his custody to be produced as may be requested by any voter for image or data capturing or for any lawful purpose as may be ordered by competent authority.”

SEC. 22. Section 23 of Republic Act No. 8436 is hereby amended to read as follows:

“SEC. 27. National Board of Canvassers for Senators and Party-List Representatives. – The chairman and members of the Commission on Elections sitting en banc, shall compose the national board of canvassers for senators and party-list representatives. It shall canvass the results by consolidating the certificates of canvass electronically transmitted. Thereafter, the national board shall proclaim the winning candidates for senators and party-list representatives.”

SEC. 23. Section 24 of Republic Act No. 8436 is hereby amended to read as follows:

“SEC. 28. 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 certificate of canvass for president and vice-president duly certified by the board of canvassers of each province or city, shall be electronically 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 and thereafter, proclaim the winning candidates.”

SEC. 24. A new Section 29 is hereby provided to reads as follows:

“SEC 29. Random Manual Audit. – Where the AES is used, there shall be a random manual audit in one precinct per congressional district randomly chosen by the Commission in each province and city. Any difference between the automated and manual count will result in the determination of root cause and initiate a manual count for those precincts affected by the computer or procedural error.”

SEC. 25. A new Section 30 is hereby provided to read as follows:

“Sec. 30. Authentication of Electronically Transmitted Election Results. – The manner of determining the authenticity and due execution of the certificates shall conform with the provisions of Republic Act No. 7166 as may be supplemented or modified by the provisions of this Act, where applicable, by appropriate authentication and certification procedures for electronic data, electronic documents and electronic signatures as provided in Republic Act No. 8792 as well as the rules promulgated by the Supreme Court pursuant thereto.”

SEC. 26. Section 25 of Republic Act No. 8436 is hereby amended to read as follows:

“SEC. 31. Stakeholder education and training. – The Commission shall, not later than six months before the actual automated election exercise, undertake a widespread stakeholder education and training program, through newspapers of general circulation, radio, television and other media forms, as well as through seminars, symposia, fora and other nontraditional means, to educate the public and fully inform the electorate about the AES and inculcate values on honest, peaceful, orderly and informed elections.

“Such program shall ensure the acceptance and readiness of the following stakeholders to understand and appreciate the benefits of the AES:

1. General public/voters;
2. Commission’s staff;
3. Department of Education, Department of Finance (municipal, city and provincial treasurers) and all other government agencies who will play a role in the electoral exercise;
4. Local government officials (provincial, municipal, barangay levels);
5. Incumbent elected officials in the legislative and executive departments;
6. Political parties and candidates;
7. Members of the military and police.

“The general public or voters training will focus on building the capability to use the automated system to cast their vote, as well as general appreciation of the AES. All other stakeholders mentioned above will receive additional information in order to build a deeper understanding of the voting, counting, canvassing procedures, so that they may act as advocates of the AES.

“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 nontraditional means to educate the public and fully inform the electorate about the AES and inculcate values on honest, peaceful and orderly elections.”

SEC. 27. Section 27 of Republic Act No. 8436 is hereby amended to read as follows:

“SEC. 33. Joint Congressional Oversight Committee. – An Oversight Committee is hereby created composed of seven members each from the Senate and the House of Representatives, four of whom shall come from the majority and three from the minority, to monitor and evaluate the implementation of this Act. A written report to the Senate and the House of Representatives shall be submitted by the Advisory Council within six months from the date of election. The oversight committee shall conduct a mandatory review of this Act every twelve (12) months from the date of the last regular national or local elections.”

“The oversight committee shall conduct a comprehensive assessment and evaluation of the performance of the different AES technologies implemented and shall make appropriate recommendations to Congress, in session assembled, specifically including the following:

“1. An assessment and comparison of each of the AES technologies utilized, including their strengths, weakness, applicability or inapplicability in specific areas and situations;

“2. An evaluation of their accuracy through a comparison of a random sample of the AES election results with a manual tabulation, and the conduct of similar tests;

“3. As to the scope of AES implementation in the subsequent elections, provide for recommendations as to whether any of the following should be adopted:

“a. Further test application of the AES or a particular AES technology used in the 2007 elections, whether in the same or others areas;

“b. An increase or enlargement of areas for implementation of the AES or an AES technology and not a full implementation; or

“c. A full implementation of the AES.

“4. As to the kind of AES technology, provide for proposals as to whether:

“a) A particular AES technology should no longer be utilized for being obsolete, inapplicable, inaccurate or with a defect which cannot be remedied;

“b) An enhancement or improvement is needed to an AES technology which was used in the 2007 elections to make it more functional, appropriate and accurate;

“c) A particular AES technology is already appropriate and should be utilized fully for subsequent elections; or

“d) The testing or adoption of new technologies which may have emerged after the 2007 elections is needed.”

SEC. 28. Section 29 of Republic Act No. 8436 is hereby amended to read as follows:

“SEC. 35. Prohibited Acts and Penalties. – The following shall be penalized as provided in this Act, whether or not said acts affect the electoral process or results:

“(a) Utilizing without authorization, tampering with, damaging, destroying or stealing:

“(1) Official ballots, election returns, and certificates of canvass of votes used in the system; and

“(2) Electronic devices or their components, peripherals or supplies used in the AES such as counting machine, memory pack/diskette, memory pack receiver and computer set;

“(b) Interfering with, impeding, absconding for purpose of gain, preventing the installation or use of computer counting devices and the processing, storage, generation and transmission of election results, data or information;

“(c) Gaining or causing access to using, altering, destroying or disclosing any computer data, program, system software, network, or any computer-related devices, facilities, hardware or equipment, whether classified or declassified;

“(d) Refusal of the citizens’ arm to present for perusal its copy of election return to the board of canvassers;

“(e) Presentation by the citizens’ arm of tampered or spurious election returns;

“(f) Refusal or failure to provide the dominant majority and dominant minority parties or the citizens’ arm their copy of election returns; and

“(g) The failure to post the voters’ list within the specified time, duration and in the designated location shall constitute an election offense on the part [of] the election officer concerned.”

“Any person convicted for violation of this Act, except those convicted of the crime of electoral sabotage, shall be penalized with imprisonment of eight years and one day to twelve (12) years without possibility of parole, and perpetual disqualification to hold public office and deprivation of the right of suffrage. Moreover, the offender shall be perpetually disqualified to hold any non-elective public office.”

SEC. 29. Section 30 of Republic Act No. 8436 is hereby amended to read as follows:

“SEC. 36. 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. 30. Section 31 of Republic Act No. 8436 is hereby amended to read as follows:

“SEC. 37. Rules and Regulations. – The Commission shall promulgate rules and regulations for the implementation and enforcement of this Act. “Notwithstanding the foregoing canvassing procedure, the Commission is authorized to prescribe other manner or procedure for the canvassing and consolidation of votes as technology evolves, subject to the provisions of Section 7 hereof on the minimum capabilities of the AES and other pertinent laws.”

SEC. 31. Section 25 of Republic Act No. 7166 is hereby amended to read as follows:

“Sec 25. Manner of Counting Votes. – In addition to the requirement in the fourth paragraph of Section 12 of the Republic Act No. 6646 and Section 210 of the Omnibus Election Code, in reading the official ballots during the counting, the chairman, the poll clerk and the third member shall assume such positions as to provide the watchers and the members of the public as may be conveniently accommodated in the polling place, an unimpeded view of the ballot being ready by the chairman, of the election return and the tally board being simultaneously accomplished by the poll clerk and the third member respectively, without touching any of these election documents. The table shall be cleared of all unnecessary writing paraphernalia. Any violation of this requirement shall constitute an election offense punishable under Sections 263 and 264 the Omnibus Election Code. “The chairman shall first read the votes for national positions. “Any violation of this Section, or its pertinent portion, shall constitute an election offense and shall be penalized in accordance with Batas Pambansa Blg. 881.

SEC. 32. Section 212 of Batas Pambansa Blg. 881 as amended, is hereby to read as follows:

“SEC. 212. Election Returns. – The board of election inspectors shall prepare the election returns simultaneously with the counting of votes in the polling places as prescribed in Section 210 hereof. The recording of vote shall be made as prescribed in said section. The entry of votes in words and figures for each candidate shall be closed with the signature and the clear imprint of the thumbmark of the right hand of all the members, likewise to be affixed in full view of the public, immediately after the last vote recorded or immediately after the name of the candidate who did not receive any vote.”

“The returns shall also show the date of the election, the polling place, the barangay and the city or municipality in which it was held, the total number of ballots found in the compartment for valid ballots, the total number of valid ballots withdrawn from the compartment for spoiled ballots because they were erroneously placed therein, the total number of excess ballots, the total number of marked or void ballots, and the total numbers of votes obtained by each candidate, writing out the said number in words and figures and, at the end thereof, the board of election inspectors shall certify that the contents are correct. The returns shall be accomplished in a single sheet of paper, but if this is not possible, additional sheets may be used which shall be prepared in the same manner as the first sheet and likewise certified by the board of election inspectors.”

“The Commission shall take steps so that the entries on the first copy of the election returns are clearly reproduced on the second, third, fourth, fifth, and sixth copies thereof, and for the purpose this Commission shall use a special kind of paper.”

“Immediately upon the accomplishment of the election return for national positions, the poll clerk shall announce the posting of the second copy of the election return on a wall with sufficient lighting within the premises of the polling place or counting center. He shall then proceed to do the same in the presence of the other members of the Board, the watchers and those present in the polling place or counting center. Without delay and, when feasible, he shall secure an image of the election return using a secured data capturing device and immediately thereafter, while in the premises of the polling place or counting center, directly print thirty (30) copies of the election return. Once the prints have been produced, the poll clerk shall call the other members of the board to authenticate each print copy by closely comparing the same with the election return posted on the wall in the presence of the watchers and within view of the public. If the Board finds each print a faithful reproduction of the election return, all members thereof shall annotate and sign a certification to that effect on the bottom front of the print.

“Each certified printed copy shall be placed in an envelope and distributed as herein provided. Designated recipients of the certified print copies may receive their copies at the polling place or counting center.

“Immediately upon the accomplishment of the election returns for local positions, the second copy of the same shall be posted on a wall with sufficient lighting within the premises of the polling place. “The other copies of election returns for both national and local position shall be sealed in the presence of the watchers and the public, and placed in the proper envelope, which shall likewise be sealed and distributed as herein provided.”

“Any election return with a separately printed serial number or which bears a different serial number from that assigned to the particular polling place concerned shall not be canvassed. This is to be determined by the board of canvassers prior to its canvassing on the basis of the certification of the provincial, city or municipal treasurer as to the serial number of the election return assigned to the said voting precinct, unless the Commission shall order in writing for its canvassing, stating the reason for the variance in serial numbers.”

“If the signatures and/or thumbmarks of the members of the board of election inspectors or some of them as required in this provision are missing in the election returns, the board of canvassers may summon the members of the board of election inspectors concerned to complete the returns.

“The citizen’s arm is mandated to present for perusal its copy of the election return to the board of election canvassers upon the request of any interested candidate.

“Any violation of this election or its pertinent portion, shall constitute an election offense and shall be penalized in accordance with Batas Pambansa Blg. 881 “In addition, the following shall likewise be guilty of an election offense:

“(a) Any Person who removes the election return posted on the wall, whether within or after the prescribed forty-eight (48) hours of posting, or defaces the same in any manner;

“(b) Any person who simulates an actual election return, or a print or digital copy thereof;

“(c) Any person who simulates the certification in a print of an election return;

“(d) The chairman or any member of the board of election inspectors who, during the prescribe period of posting, removes the election return from the wall on which it had been posted other than for the purpose of immediately transferring it to a more suitable place;

“(e) The chairman or any member of the board of election inspectors who signs or authenticates a print of the election return outside of the polling place; and

“(f) The chairman or any member of the board of election inspectors who signs or authenticates a print which bears an image different from the election return produced after counting and posted on the wall.”

SEC. 33. Section 27 of Republic Act No. 7166, as amended by Republic Act No. 8045 and Republic Act No. 8173, is hereby further amended to read as follows:

“SEC. 27. Number of Copies of Election Returns and Their Distribution. – The board of election inspectors shall prepare in handwriting the election returns in their respective polling places, in the number of copies herein provided and in the form to be prescribed and provided by the Commission.

“The copies of election returns shall be distributed by the chairman of the board of election inspectors as follows:

“(a) In the election of president, vice-president, senators and members of the House of Representatives including the party-list representatives:

“(1) The first copy shall be delivered to the city or municipal board of canvassers;

“(2) The second copy to be posted on a wall within the premises of the polling place;

“(3) The third copy, to the Congress, directed to the President of the Senate;

“(4) The fourth copy, to the Commission;

“(5) The fifth copy, to the dominant majority party as determined by the Commission in accordance with law;

“(6) The sixth copy, to the dominant minority party as determined by the Commission in accordance with law;

“(7) The seventh copy, to a citizens’ arm authorized by the Commission to conduct an unofficial count: Provided, however, That the accreditation of the citizens’ arm shall be subject to the provisions of Section 52(k) of Batas Pambansa Blg. 881; and

“(8) The eight copy shall be deposited inside the compartment of the ballot box for valid ballots; and

“(b) In the election of local officials:

“(1) The first copy shall be delivered to the city or municipal board of canvassers;

“(2) The second copy to be posted on a wall within the premises of the polling place;

“(3) The third copy, to the Commission;

“(4) The fourth copy, to the provincial board of canvassers;

“(5) The fifth copy, to the dominant majority party as determined by the Commission in accordance with law;

“(6) The sixth copy, to the dominant minority party as determined by the Commission in accordance with law;

“(7) The seventh copy, to a citizens’ arm authorized by the Commission to conduct an unofficial count: Provided, however, That the accreditation of the citizens’ arm shall be subject to the provisions of Section 52(k) of Batas Pambansa Blg. 881; and

“(8) The eighth copy shall be deposited inside the compartment of the ballot box for valid votes.

“The copy of the election return posted on the wall shall be open for public viewing at any time of the day for forty-eight (48) hours following its posting. Any person may view or capture an image of the election return by means of any data capturing device such as, but not limited to, cameras at any time of the day for forty-eight (48) hours following its posting. After the prescribed period for posting, the chairman of the board of election inspectors shall collect the posted election returns and keep the same in his custody to be produced for image or data capturing as may be requested by any voter or for any lawful purpose as may be ordered by competent authority.

“Except for those copies that are required to be delivered, copies of election returns may be claimed at the polling place. Any unclaimed copy shall be brought by the chairman of the board of election inspectors to the canvassing center where the recipients or their representatives may claim them. Copies still unclaimed at the canvassing center shall be deemed placed in the custody of the chairman of the board of election inspectors, who shall produce them when requested by the recipient or when ordered by a competent authority.

“The thirty (30) certified print copies of the election return for national positions shall be distributed as follows:

“(a) The first fourteen (14) copies shall be given to the fourteen (14) accredited major national parties in accordance with a voluntary agreement among them. If no such agreement is reached, the Commission shall decide which parties shall receive the copies on the basis of the criteria provided in Section 26 hereof;

“(b) The next three copies shall be given to the three accredited major local parties in accordance with a voluntary agreement among them. If no such agreement is reached, the Commission shall decide which parties shall receive the copies on the basis of criteria analogous to that provided in Section 26 hereof;

“(c) The next five copies shall be given to national broadcast or print media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible;

“(d) The next two copies shall be given to local broadcast or print media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible;

“(e) The next four copies to the major citizens’ arms, including the accredited citizens’ arm, and other non-partisan groups or organizations enlisted by the Commission pursuant to Section 52(k) of Batas Pambansa Blg. 881;

“(f) The next copy to be placed inside the compartment of the ballot box for valid ballots; and

“(g) The last copy to the provincial board of canvassers.”

“The certified print copies may be claimed at the polling place. Any unclaimed copy shall be brought by the chairman of the board of election inspectors to the canvassing center where the recipients or their representatives may claim them. Copies still unclaimed at the canvassing center shall be placed in the custody of the chairman of the board election inspectors, who shall produce them when requested by the recipient or when ordered by a competent authority.

“Any provision of law to the contrary notwithstanding, any of the recipients of the print or digital copies of the election return may conduct an unofficial consolidation of votes and may announce the result to the public. “The Commission shall post its digital files in its website for the public to view or download at any time of the day. The Commission shall maintain the files at least three years from the date of posting.

“Any violation of this section, or its pertinent portion, shall constitute an election offense and shall be penalized in accordance with Batas Pambansa Blg. 881.”

SEC. 34. Sec. 26 of Republic Act No. 7166 is hereby amended to read as follows:

“SEC. 26. Official Watchers. – Every registered political party or coalition of political parties, and every candidate shall each be entitled to one watcher in every polling place and canvassing center: Provided, That, candidates for the Sangguniang Panlalawigan, Sangguniang Panlunsod, or Sangguniang Bayan belonging to the same slate or ticket shall collectively be entitled to only one watcher.

“The dominant majority party and dominant minority party, which the Commission shall determine in accordance with law, shall each be entitled to one official watcher who shall be paid a fixed per diem of Four hundred pesos (P400.00).

“There shall also be recognized six principal watchers, representing the six accredited major political parties excluding the dominant majority and minority parties, who shall be designated by the Commission upon nomination of the said parties. These political parties shall be determined by the Commission upon notice and hearing on the basis of the following circumstances:

“(a) The established record of the said parties, coalition of groups that now composed them, taking into account, among other things, their showing in past elections;

“(b) The number of incumbent elective officials belonging to them ninety (90) days before the date of election;

“(c) Their identifiable political organizations and strengths as evidenced by their organized/chapters;

“(d) The ability to fill a complete slate of candidates from the municipal level to the position of President; and

“(e) Other analogous circumstances that may determine their relative organizations and strengths.”

SEC. 35. Section 206 of Batas Pambansa Blg. 881 is hereby amended to read as follows:

“SEC. 206. Counting to be Public and Without Interruption. – As soon as the voting is finished, the board of election inspectors shall publicly count in the polling place the votes cast and ascertain the results. The Board may rearrange the physical set up of the polling place for the counting or perform any other activity with respect to the transition from voting [to] counting. However, it may do so only in the presence of the watchers and within close view of the public. At all times, the ballot boxes and all election documents and paraphernalia shall be within close view of the watchers and the public.

“The board of election inspectors shall not adjourn or postpone or delay the count until it has been fully completed, unless otherwise ordered by the Commission.

“The Commission, in the interest of free, orderly, and honest election, may authorize the board of election inspectors to count the votes and to accomplish the election returns and other forms prescribed under this Code in any other place within a public building in the same municipality or city on account of imminent danger of widespread violence or similar causes of comparable magnitude: Provided, That the transfer shall been recommended in writing by the board of election inspectors by unanimous vote and endorsed in writing by the majority of watchers present: Provided, further, That the said public building shall not be located within the perimeter of or inside a military or police camp, reservation, headquarters, detachment or field office nor within the premises of a prison or detention bureau or any law enforcement or investigation agency.

“Any violation of this section, or its pertinent portion, shall constitute an election offense and shall be penalized in accordance with Batas Pambansa Blg. 881.”

SEC. 36. Section 18 of Republic Act No. 6646 is hereby repealed.

SEC. 37. Section 30 of Republic Act No. 7166 is hereby amended to read as follows:

“SEC. 30. Congress as the National Board of Canvassers for the Election of President and Vice President: The Commission en banc as the National Board of Canvassers for the election of senators: Determination of Authenticity and Due Execution of Certificates of Canvass. – Congress and the Commission en banc shall determine the authenticity and due execution of the certificate of canvass for president and vice-president and senators, respectively, as accomplished and transmitted to it by the local boards of canvassers, on a showing that:

(1) each certificate of canvass was executed, signed and thumbmarked by the chairman and members of the board of canvassers and transmitted or caused to be transmitted to Congress by them;

(2) each certificate of canvass contains the names of all of the candidates for president and vice-president or senator, as the case may be, and their corresponding votes in words and their corresponding votes in words and in figures;

(3) there [exists] no discrepancy in other authentic copies of the certificates of canvass or any of its supporting documents such as statement of votes by city/municipality/by precinct or discrepancy in the votes of any candidate in words and figures in the certificate; and

(4) there exists no discrepancy in the votes of any candidate in words and figures in the certificate of canvass against the aggregate number of votes appearing in the election returns of precincts covered by the certificate of canvass: Provided, That certified print copies of election returns or certificates of canvass may be used for the purpose of verifying the existence of the discrepancy.

“When the certificate of canvass, duly certified by the board of canvass of each province, city [or] district, appears to be incomplete, the Senate President or the Chairman of the Commission, as the case may be, shall require the board of canvassers concerned to transmit by personal delivery, the election returns from polling places that were not included in the certificate of canvass and supporting statements. Said election returns shall be submitted by personal delivery within two (2) days from receipt of notice.

“When it appears that any certificate of canvass or supporting statement of votes by city/municipality or by precinct bears erasures or alterations which may cast doubt as to the veracity of the number of votes stated herein and may affect the result of the election, upon request of the presidential, vice-presidential or senatorial candidate concerned or his party, Congress or the Commission en banc, as the case may be, shall, for the sole purpose of verifying the actual number of votes cast for President and Vice-President or senator, count the votes as they appear in the copies of the election returns submitted to it.

“In case of any discrepancy, incompleteness, erasure or alteration as mentioned above, the procedure on pre-proclamation controversies shall be adopted and applied as provided in Sections 17, 18, 19 and 20.

“Any person who presents in evidence a simulated copy of an election return, certificate of canvass or statement of votes, or a printed copy of an election return, certificate of canvass or statement of votes bearing a simulated certification or a simulated image, shall be guilty of an election offense and shall be penalized in accordance with Batas Pambansa Blg. 881.”

SEC. 38. Section 15 of Republic Act No. 7166 is hereby amended to read as follows:

“SEC. 15. Pre-proclamation Cases in Elections for President, Vice-President, Senator, and Member of the House of Representatives. – For purposes of the elections for president, vice-president, senator, and member of the House of Representatives, no pre-proclamation cases shall be allowed on matters relating to the preparation, transmission, receipt, custody and appreciation of election returns or the certificates of canvass, as the case may be, except as provided for in Section 30 hereof. However, this does not preclude the authority of the appropriate canvassing body motu propio or upon written complaint of an interested person to correct manifest errors in the certificate of canvass or election returns before it.

“Questions affecting the composition or proceedings of the board of canvassers may be initiated in the board or directly with the Commission in accordance with Section 19 hereof.

“Any objection on the election returns before the city or municipal board of canvassers, or on the municipal certificates of canvass before the provincial board of canvassers or district board of canvassers in Metro Manila Area, shall be specifically noticed in the minutes of their respective proceedings.”

SEC. 39. Section 28 of Republic Act No. 7166 is hereby amended as follows:

“SEC. 28. Canvassing by Provincial, City, District and Municipal Board of Canvassers. -

a) The city or municipal of board of canvassers shall canvass the election returns of President, Vice President, Senator and Members of the House of Representatives and for elective provincial and city or municipal officials: Provided, That the returns for national positions shall be canvassed first. Upon completion of the canvass, it shall prepare the certificate of canvass for president, vice-president, senators and members the House of Representatives and elective provincial officials, announce the results of the election for national positions in the city or municipality, and thereafter, proclaim the elected city or municipal officials, as the case may be.

“b) The city board of canvassers of cities comprising one or more legislative districts shall canvass the election returns for president, vice-president, senators, members of the House of Representatives and elective city officials: Provided, That the returns for national positions shall be canvassed first. Upon completion of the canvass, the board shall prepare the certificate of canvass of president, vice-president, and senators, announce the results of the election for national positions in the city, and thereafter, proclaim the elected members of the House of the Representatives and city officials.

“c)

(1) In the Metro Manila Area such municipality comprising a legislative district shall have district board of canvassers which shall canvass the election returns for President, Vice-President, Senators, Members for the House of Representatives and elective municipal officials: Provided, That the returns for national positions shall be canvassed first. Upon completion of the canvass, it shall prepare the certificate of canvass for president, vice-president and senators, announce the results of the election for national positions in the municipality, and thereafter, proclaim the elected member of the House of the Representatives and municipal officials.

“(2) Each component municipality in a legislative district in the Metro Manila Area shall have a municipal board of canvassers which shall canvass the election returns for president, vice-president, senators, member of the House of Representatives and elective municipal officials: Provided, That the returns for national positions shall be canvassed first. Upon completion of the canvass, each shall prepare the certificate of canvass for president, vice-president, senators, and members of the House of the Representatives, announce the results of the election for national positions in the municipality, and thereafter, proclaim the elected municipal officials.

“(3) The district board of canvassers of each legislative district comprising two municipalities in the Metro Manila Areas shall canvass the certificate of canvass for President, Vice-President, Senators and Members of the House of Representatives submitted by the municipal board of canvassers of the component municipalities. Upon completion of the canvass, it shall prepare a certificate of canvass for president, vice-president and senators, announce the results of the election for national positions in the district, and thereafter, proclaim the elected member of the House of the Representatives in the legislative district,

“(d) The provincial board of canvassers shall canvass the certificate of canvass for president, vice-president, senators, and members of the House of Representatives and elective provincial officials as well as plebiscite results, if any plebiscite is conducted simultaneously with the same election, as submitted by the board of canvassers of municipalities and component cities: Provided, That the returns for national positions shall be canvassed first. Upon completion of the canvass, it shall prepare the certificate of canvass for president, vice-president, and senators, announce the results of the election for national positions in the province, and thereafter, proclaim the elected member of the House of Representatives and provincial officials as well as the plebiscite results, if any.

“In conducting the canvass of election returns or certificates of canvass, as the case may be, the board of canvassers in a municipality, city, district or province shall project each election return or certificate of canvass on a wall from which its contents shall be read in order that those present in the canvassing center may follow the progress of the canvassing process from beginning to end. The Commission may utilize the appropriate projection equipment for this purpose.

“Immediately after the certificate of canvass for national positions is accomplished, the chairman of the Board of Canvassers shall announce the posting of the second copy thereof and its supporting statement of votes on a wall with sufficient lighting within the premises of the canvassing center. He shall then proceed to do the same in the presence of the other members of the board, the watchers and those present in the canvassing center. Without delay and when feasible, he shall capture images of the certificate of canvass and supporting statements of votes using a secured data capturing device and thereafter, while in the premises of the canvassing center, immediately print the data so captured in thirty (30) copies. The board of canvassers shall then authenticate each printed copy, in the presence of watchers and within public view, by closely comparing the same with the certificate of canvass or statement of votes, as the case may be, posted on of the wall. If the board finds each printed copy a faithful reproduction of the certificate of canvass or statement of votes, all members thereof shall annotate and sign a certification to that effect on the bottom front of the printed copy.

“Each certified printed copy shall be placed in an envelope and distributed as herein provided. Designated recipients of the certified printed copies may receive their copies at the canvassing center.

“The chairman of the board shall transmit the digital files of the certificate of canvass and its supporting statement of votes using a secured transmission device with authentication features to the secured tabulation system of the Commission and to the systems of the other designated recipients as herein provided.

“Any provision of law to the contrary notwithstanding, any of the recipients of the print or digital copies of the certificate of canvass and the supporting statements of votes may conduct an unofficial consolidation of votes and may announce the result thereof to the public.

“Any violation of this section, or its pertinent portion, shall constitute an election offense and shall be penalized in accordance with Batas Pambansa Blg. 881. “In addition, the following shall likewise be guilty of an election offense:

“(a) Any person who removes the certificate of canvass posted on the wall, whether within or after the prescribed forty-eight (48) hours of posting, or defaces the same in any manner;

“(b) Any person who simulates an actual certificates of canvass or statement of votes, or a print or digital copy thereof;

“(c) Any person who simulates the certification of a certificate of canvass or statement of votes;

“(d) The chairman or any member of the board of canvassers who, during the prescribed period of posting, removes the certificate of canvass or its supporting statement of votes from the wall on which they have been posted other than for the purpose of immediately transferring them to a more suitable place;

“(e) The chairman or any member of the board of canvassers who signs or authenticates a print of the certificate of canvass or its supporting statement of votes outside of the polling place: and

“(f) The chairman or any member of the board of canvassers who signs or authenticates a print which bears an image different from the certificate of canvass or statement of votes produced after counting and posted on the wall.”

SEC. 40. Section 29 of Republic Act No. 7166 is hereby amended to read as follows:

“SEC.29. Number of Copies of Certificates of Canvass and their Distribution. -

a) The certificate of canvass for president, vice-president, senators and members of the House of Representatives and elective provincial officials shall be prepared in seven copies by the city or municipal board of canvassers and distributed as follows:

“(1) The first copy shall be delivered to the provincial board of canvassers for use in the canvass election results for president, vice-president, senators and members of the House of Representatives and elective provincial officials:

“(2) The second copy shall be sent to the Commission;

“(3) The third copy shall be posted on a wall within the premises of the canvassing center;

“(4) The fourth copy shall be kept by the Chairman of the Board; and

“(5) The fifth copy shall be given the citizens’ arm designated by the Commission to conduct a media-based unofficial count, and the sixth and seventh copies shall be given to the representatives of two of the six major political parties in accordance with the voluntary agreement of the parties. If no such agreement is reached, the Commission shall decide which parties shall receive the copies of the certificate of the canvass on the basis of the criteria provided in Section 26 hereof. The parties receiving the certificates shall have the obligation to furnish the other parties with authentic copies thereof with the least possible delay.

“b) The certificate of canvass for president, vice-president, senators shall be prepared in seven (7) copies 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 distributed as follows:

“(1) The first copy shall be sent to the Congress, directed to the President of the Senate for use in the canvass of election results for president and vice-president;

“(2) The second copy shall be sent to the Commission for use in the canvass of the election results for Senators;

“(3) The third copy shall be posted on a wall within the premises of the canvassing center;

“(4) The fourth copy shall be kept by the Chairman of the Board; and

“(5) The fifth copy shall be given to the citizens’ arm designated by the Commission to conduct a media-based unofficial count, and the sixth and seventh copies shall be given to the representatives of two of the six major political parties in accordance with the voluntary agreement of the parties. If no such agreement is reached, the Commission shall decide which parties shall receive the copies of the certificate of canvass on the basis of the criteria provided in Section 26 hereof. The parties receiving the certificates shall have the obligation to furnish the other parties with authentic copies thereof with the least possible delay.

“The copy of the certificate of canvass posted on the wall shall be open for public viewing at any time of the day for forty-eight (48) hours following its posting. Any person may view or capture an image of the certificate of canvass. After the prescribed period for posting, the chairman of the board of canvassers shall collect the posted certificate of canvass and keep the same in his custody to be produced for image or data capturing as may be requested by any voter or for any lawful purpose as may be ordered competent authority.

“Except for those copies that are required to be delivered, copies of certificates of canvass may be claimed at the canvassing center. Any unclaimed copy shall be deemed placed in the custody of the chairman of the board of canvassers, who shall produce them when requested by the recipient or when ordered by a competent authority. “The thirty (30) certified print copies of the certificate canvass for national positions shall be distributed as follows:

“(a) The first fourteen (14) copies shall be given to the fourteen (14) accredited major national parties in accordance with a voluntary agreement among them. If no such agreement is reached, the Commission shall decide which parties shall receive the copies on the basis of the criteria provided in Section 26 hereof;

“(b) The next three copies shall be given to the three accredited major local parties in accordance with a voluntary agreement among them. If no such agreement is reached, the Commission shall decide which parties shall receive the copies in the basis of criteria analogous to that provided in Section 26 hereof;

“(c) The next five copies shall be given to national broadcast or print media entities as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible;

“(d) The next two copies shall be given to local broadcast or print media entitles as may be equitably determined by the Commission in view of propagating the copies to the widest extent possible;

“(e) The next four copies to the major citizens’ arms, including the accredited citizens’ arm, and other non-partisan groups or organizations enlisted by the Commission pursuant to Section 52(k) of Batas Pambansa Blg. 881; and

(f) The last two copies to be kept in file by the chairman of the board of canvassers to be subsequently distributed as the national board of canvassers may direct.

“The certified print copies may be claimed at the canvassing center. Any unclaimed copy shall be deemed place in the custody of the chairman of the board of canvassers, who shall produce them when requested by the recipient or when ordered by a competent authority.

“The Commission shall post its digital files in its website for the public to view or download at any time of the day. The Commission shall maintain the files for at least three years from the date of posting.

“Any violation of this section, or its pertinent portion, shall constitute an election offense and shall be penalized in accordance with Batas Pambansa Blg. 881.”

SEC. 41. The first paragraph of Sec. 52 of Batas Pambansa Blg. 881 is hereby amended to read as follows:

“Sec. 52. Powers and Functions of the Commission on Elections. – In addition to the powers and functions conferred upon it by the Constitution, the Commission shall have exclusive charge of the enforcement and administration of all laws relative to the conduct of elections for the purpose of ensuring free, orderly and honest elections, except as otherwise provided herein and shall:”

SEC. 42. Section 27 (b) of Republic Act No. 6646 is hereby amended to read as follows :

“Sec. 27. Election Offenses; Electoral Sabotage. – In additional to the prohibited acts and election offenses enumerated in Section 261 and 262 of Batas Pambansa Blg. 881, as amended, the following shall be guilty of an election offense or a special election offense to be known as electoral sabotage:

“(a) x x x

“(b) Any person or member of the board of election inspectors or board of canvassers who tampers, increases or decreases the votes received by a candidate in any election or any member of the board who refuses, after proper verification and hearing, to credit the correct votes or deduct such tampered votes: Provided, however, That when the tampering, increase or decrease of votes or the refusal to credit the correct votes and/or to deduct tampered votes to deduct tampered votes are perpetrated on a large scale or in substantial numbers, the same shall be considered, not as an ordinary election offense under Sections 261 and/or 262 of the Omnibus Election Code, but a special election offense to be known as electoral sabotage and the penalty to be imposed shall be life imprisonment.

“The act or offense committed shall fall under the category of electoral sabotage in any of the following instances;

“(1) When the tampering, increase and/or decrease of votes perpetrated or the refusal to credit the correct votes or to deduct tampered votes, is/are committed in the election of a national elective office which is voted upon nationwide and the tampering, increase and/or decrease votes, refusal to credit the correct votes or to deduct tampered votes, shall adversely affect the results of the election to the said national office to the extent that losing candidate/s is/are made to appear the winner/s;

“(2) Regardless of the elective office involved, when the tampering, increase and/or decrease of votes committed or the refusal to credit the correct votes or to deduct tampered votes perpetrated, is accomplished in a single election document or in the transposition of the figures/results from one election document to another and involved in the said tampering increase and/or decrease or refusal to credit correct votes or deduct tampered votes exceed five thousand (5,000) votes, and that the same adversely affects the true results of the election;

“(3) Any and all other forms or tampering increase/s and/or decrease/s of votes perpetuated or in cases of refusal to credit the correct votes or deduct the tampered votes, where the total votes involved exceed ten thousand (10,000) votes;

“Provided finally, That any and all either persons or individuals determined to be conspiracy or in connivance with the members of the BEIs or BOCs involved, shall be meted the same penalty of life imprisonment.”

SEC. 43. Section 265 of Batas Pambansa Blg. 881 is hereby amended to read as follow:

“SEC. 265. Prosecution. – The Commission shall, through its duly authorized legal officers, have the power, concurrent with the other prosecuting arms of the government, to conduct preliminary investigation of all election offenses punishable under this Code, and prosecute the same.”

SEC. 44. Appropriations. – To carry out the provisions of this Act, the amount necessary for the automated system shall be charged against the Two billion six hundred million pesos (P2,600,000,000.00) modernization fund in the current year’s appropriations of the Commission. Further, the amount necessary to carry out the manual system, at a maximum of Three billion pesos (P3,000,000,000) shall be charged against the current year’s appropriation 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.

If the said funds shall not be fully utilized, the same shall continue to be appropriated for the electoral modernization as set forth in this Act and shall not revert to the General Fund.

SEC. 45. Separability Clause. – If, for any reason, any section or provision of this Act or any part thereof, or the application of such section, provision or portion is declared invalid or unconstitutional, the remainder thereof shall not be affected by such declaration.

SEC. 46. Repealing Clause. – All laws, presidential decrees, executive orders, rules and regulations or part thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 47. Effectivity. – This Act Shall take effect fifteen (15) days after its publication in a newspaper of general circulation.

Approved: 23 January 2007

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. – Section 1 of Republic Act No. 9164 is hereby amended to read as follows:

“SECTION 1. Date of Election. There shall be synchronized barangay and sangguniang kabataan elections which shall be held on July 15, 2002. Subsequent synchronized barangay and sangguniang kabataan elections shall be held on the last Monday of October 2007 and every three (3) years thereafter.”

Sec. 2. Section 4 of Republic Act No. 9164 is hereby amended to read as follows:

“SEC. 4. Assumption of Office. – The term of office of the barangay and sangguniang kabataan officials elected under this Act shall commence on August 15, 2002, next following their elections. The term of office of the barangay and sangguniang kabataan officials elected in the October 2007 election and subsequent elections shall commence at noon of November 30 next following their election.”

Sec 3. Section 5 of Republic Act No. 9164 is hereby amended to read as follows:

“SEC. 5. Hold Over. – All incumbent barangay and all sangguniang kabataan officials shall remain in office unless sooner removed or suspended for cause until their successors shall have been elected and qualified Provided, however, That barangay and all sangguniang kabataan officials who are ex officio members of the sangguniang bayan, sangguniang panlungsod or sangguniang panlalawigan as the case may be shall continue to serve as such members in the sanggunian concerned until the next barangay election. The Liga ng mga Barangay at the municipal, city, and provincial levels shall, within thirty (30) days after the next barangay election, conduct elections for ex officio positions in the sanggunians under the supervision of the Department of the Interior and Local Government.”

Sec. 4. Section 8 of Republic Act No. 9164 is hereby amended to read as follows:

“SEC. 8. Appropriations. – The amount necessary for the implementation of this Act shall be taken from the appropriation of the Commission on Elections (COMELEC) under the General Appropriations Act and/or supplementary appropriations thereafter.

“In addition, the savings of the COMELEC not exceeding Three hundred million pesos (P300,000,000.00) shall be used to augment said appropriations as authorized under COMELEC Special Provision No. 2 of Republic Act No. 9162.

“The funds mentioned above may be augmented by an amount not exceeding ten percent (10%) of the sangguniang kabataan funds reserved pursuant to Section 532(c) of Republic Act No. 7160.”

Sec. 5. Implementing Rules and Regulations. – The COMELEC shall promulgate such rules and regulations necessary to implement this Act.

Sec. 6. Repealing Clause. – All laws, decrees, executive orders, and rules and regulations, or parts thereof, inconsistent with the provisions of this Act, are hereby repealed or modified accordingly.

Sec. 7. Separability Clause. – If, for any reason, any section or provision of this Act is held unconstitutional or invalid, the other sections or provisions hereof shall not be affected and thereby remain in full force and effect.

Sec. 8. Effectivity Clause. – his Act shall take effect fifteen (15) days after its complete publication in at least two (2) national newspapers of general circulation.

Approved: September 22, 2005

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Appropriations. – The sum of Eleven billion three hundred one million seven hundred ninety thousand pesos (P11, 301,790,000.00) is hereby appropriated to fund and support the holding and conduct of an Automated Election System, the procurement of services, supplies and machines on a lease purchase agreement including mandatory biometric registration of voters.

SEC. 2. Use of Funds. – The amounts herein appropriated shall be used for the purposes indicated and subject to: (i) the relevant special and general provisions of Republic Act No. 9498, or the FY 2008 General Appropriations Act, as reenacted, and subsequent General Appropriations Acts; and (ii) the applicable provisions of Republic Act No. 8436, entitled: “An Act Authorizing the Commission on Elections to Use an Automated Election System in the May 11, 1998 National or Local Elections and in Subsequent National and Local Electoral Exercises, Providing Funds Therefor and for Other Purposes”, as amended by Republic Act No. 9369: Provided, however, That disbursement of the amounts herein appropriated or any part thereof shall be authorized only in strict compliance with the Constitution, the provisions of Republic Act No. 9369 and other election laws incorporated in said Act so as to ensure the conduct of a free, orderly, clean, honest and credible election and shall adopt such measures that will guaranty transparency and accuracy in the selection of the relevant technology of the machines to be used on May 10, 2010 automated national and local election.

SEC. 3. Release of Funds. – The amounts herein appropriated shall be released to the Commission on Elections by the Department of Budget and Management in accordance with budgeting laws, rules and regulations.

SEC. 4. Effectivity. – This Act shall take effect upon its publication in at least two (2) newspapers of general circulation.

Approved,

(Sgd.) JUAN PONCE ENRILE
President of the Senate (Sgd.) PROSPERO C. NOGRALES
Speaker of the House
of Representatives

This Act which originated in the House of Representatives was finally passed by the House of Representatives and the Senate on March 5, 2009.

(Sgd.) EMMA LIRIO REYES
Secretary of the Senate (Sgd.) MARILYN B. BARUA-YAP
Secretary General
House of Representatives

Approved: March 23 2009
(Sgd.) GLORIA MACAPAGAL-ARROYO
President of the Philippines

Section Details

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. – This Act shall be known as “The Overseas Absentee Voting Act of 2003.”

Sec. 2. Declaration of Policy. – It is the prime duty of the State to provide a system of honest and orderly overseas absentee voting that upholds the secrecy and sanctity of the ballot. Towards this end, the State ensures equal opportunity to all qualified citizens of the Philippines abroad in the exercise of this fundamental right.

Sec. 3. Definition of Terms. – For purposes of this Act:

1. “Absentee Voting” refers to the process by which qualified citizens of the Philippines abroad exercise their right to vote;

2. “Commission” refers to the Commission on Elections;

3. “Certified List of Overseas Absentee Voters” refers to the list of registered overseas absentee voters whose applications to vote in absentia have been approved by the Commission, said list to be prepared by the Committee on Absentee Voting of the Commission, on a country-by-country basis. This list shall be approved by the Commission in an en banc resolution;

4. “Day of Election” refers to the actual date of elections in the Philippines;

5. “National Registry of Absentee Voters” refers to the consolidated list prepared, approved and maintained by the Commission, of overseas absentee voters whose applications for registration as absentee voters, including those registered voters who have applied to be certified as absentee voters, have been approved by the Election Registered Board;

6. “Overseas Absentee Voter” refers to a citizen of the Philippines who is qualified to register and vote under this Act, not otherwise disqualified by law, who is abroad on the day of elections.

Sec. 4. Coverage. – All citizens of the Philippines abroad, who are not otherwise disqualified by law, at least eighteen (18) years of age on the day of elections, may vote for president, vice-president, senators and party-list representatives.

Sec. 5. Disqualifications. – The following shall be disqualified from voting under this Act:

1. Those who have lost their Filipino citizenship in accordance with Philippine laws;

2. Those who have expressly renounced their Philippine citizenship and who have pledged allegiance to a foreign country;

3. Those who have committed and are convicted in a final judgment by a court or tribunal of an offense punishable by imprisonment of not less than one (1) year, including those who have committed and been found guilty of Disloyalty as defined under Article 137 of the Revised Penal Code, such disability not having been removed by plenary pardon or amnesty; Provided, however, That any person disqualified to vote under this subsection shall automatically acquire the right to vote upon expiration of five (5) years after service of sentence; Provided, further, That the Commission may take cognizance of final judgments issued by foreign courts or tribunals only on the basis of reciprocity and subject to the formalities and processes prescribed by the Rules of Court on execution of judgments;

4. An immigrant or a permanent resident who is recognized as such in the host country, unless he/she executes, upon registration, an affidavit prepared for the purpose by the Commission declaring that he/she shall resume actual physical permanent residence in the Philippines not later than three (3) years from approval of his/her registration under this Act. Such affidavit shall also state that he/she has not applied for citizenship in another country. Failure to return shall be the cause for the removal of the name of the immigrant or permanent resident from the National Registry of Absentee Voters and his/her permanent disqualification to vote in absentia.

5. Any citizen of the Philippines abroad previously declared insane or incompetent by competent authority in the Philippines or abroad, as verified by the Philippine embassies, consulates or foreign service establishments concerned, unless such competent authority subsequently certifies that such person is no longer insane or incompetent.

Sec. 6. Personal Overseas Absentee Registration. – Registration as an overseas absentee voter shall be done in person.

Qualified citizens of the Philippines abroad who failed to register under Republic Act No. 8189, otherwise known as the “The Voters Registration Act of 1996″, may personally apply for registration with the Election Registration Board of the city or municipality where they were domiciled immediately prior to their departure from the Philippines, or with the representative of the Commission at the Philippine embassies, consulates and other foreign service establishments that have jurisdiction over the locality where they temporarily reside. Subject to the specific guidelines herein provided, the Commission is hereby authorized to prescribe additional procedures for overseas absentee registration pursuant to the provisions of Republic Act No. 8189, whenever applicable, taking into strict consideration the time zones and the various periods and processes herein provided for the proper implementation of this Act. The embassies, consulates and other foreign service establishments shall transmit within (5) days from receipt the accomplished registration forms to the Commission, after which the Commission shall coordinate with the Election Officer of the city or municipality of the applicant’s stated residence for verification, hearing and annotation in the permanent list of voters.

All applications for the May, 2004 elections shall be filed with the Commission not later than two hundred eighty (280) calendar days before the day of elections. For succeeding elections, the Commission shall provide for the period within which applications to register must be filed.

In the case of seafarers, the Commission shall provide a special mechanism for the time and manner of personal registration taking into consideration the nature of their work.

6.1. Upon receipt of the application for registration, the Election Officer shall immediately set the application for hearing, the notice of which shall be posted in a conspicuous place in the premises of the city or municipal building of the applicant’s stated residence for at least one (1) week before the date of the hearing. The Election Officer shall immediately furnish a copy of the application to the designated representatives of political parties and other accredited groups.

6.2. If no verified objection to the application is filed, the Election Officer shall immediately forward the application to the Election Registration Board, which shall decide on the application within one (1) week from the date of hearing without waiting for the quarterly meeting of the Board. The applicant shall be notified of the approval or disapproval of his/her application by registered mail.

6.3. In the event that an objection to the application is filed prior to or on the date of hearing, the Election Officer shall notify the applicant of said objection by registered mail, enclosing therein copies of affidavits or documents submitted in support of the objection filed with the said Election Officer, if any. The applicant shall have the right to file his counter-affidavit by registered mail, clearly stating therein facts and defenses sworn before any officer in the host country authorized to administer oaths.

6.4. The application shall be approved or disapproved based on the merits of the objection, counter-affidavit and documents submitted by the party objecting and those of the applicant.

6.5. A Certificate of Registration as an overseas absentee voter shall be issued by the Commission to all applicants whose applications have been approved, including those certified as registered voters. The Commission shall include the approved applications in the National Registry of Absentee Voters.

6.6. If the application has been approved, any interested party may file a petition for exclusion not later than two hundred ten (210) days before the day of elections with the proper municipal or metropolitan trial court. The petition shall be decided within fifteen (15) days after its filing on the basis of the documents submitted in connection therewith. Should the court fail to render a decision within the prescribed period, the ruling of the Election Registration Board shall be considered affirmed.

6.7. If the application has been disapproved, the applicant or his authorized representative shall, within a period of five (5) days from receipt of the notice of disapproval, have the right to file a petition for inclusion with the proper municipal or metropolitan trial court. The petition shall be decided within five (5) days after its filing on the basis of documents submitted in connection therewith.

Qualified citizens of the Philippines abroad, who have previously registered as voters pursuant to Republic Act No. 8189 shall apply for certification as absentee voters and for inclusion in the National Registry of Overseas Absentee Voters, with a corresponding annotation in the Certified Voters’ List.

Sec. 7. System of Continuing Registration. – The Commission shall ensure that the benefits of the system of continuing registration are extended to qualified overseas absentee voters. Towards this end, the Commission shall optimize the use of existing facilities, personnel and mechanisms of the various government agencies for purposes of data gathering, data validation, information dissemination and facilitation of the registration process.

Pre-departure programs, services and mechanisms offered and administered by the Department of Foreign Affairs, Department of Labor and Employment, Philippine Overseas Employment Administration, Overseas Workers’ Welfare Administration, Commission on Filipinos Overseas and other appropriate agencies of the government shall be utilized for purposes of supporting the overseas absentee registration and voting processes, subject to limitations imposed by law.

Sec. 8. Requirements for Registration. – Every Filipino registrant shall be required to furnish the following documents:

1. A valid Philippine passport. In the absence of a valid passport, a certification of the Department of Foreign Affairs that it has reviewed the appropriate documents submitted by the applicant and found them sufficient to warrant the issuance of a passport, or that the applicant is a holder of a valid passport but is unable to produce the same for a valid reason;

2. Accomplished registration form prescribed by the Commission containing the following mandatory information:

1. Last known residence of the applicant in the Philippines before leaving for abroad;

2. Address of applicant abroad, or forwarding address in the case of seafarers;

3. Where voting by mail is allowed, the applicant’s mailing address outside the Philippines where the ballot for absentee voters will be sent, in proper cases; and;

4. Name and address of applicant’s authorized representative in the Philippines for purposes of Section 6.7 and Section 12 hereof.

3. In the case of immigrants and permanent residents not otherwise disqualified to vote under this Act, an affidavit declaring the intention to resume actual physical permanent residence in the Philippines not later than three (3) years after approval of his/her registration as an overseas absentee voter under this Act. Such affidavit shall also state that he/she has not applied for citizenship in another country.

The Commission may also require additional data to facilitate registration and recording. No information other than those necessary to establish the identity and qualification of the applicant shall be required.

Sec. 9. National Registry of Overseas Absentee Voters. – The Commission shall maintain a National Registry of Overseas Absentee Voters. Approved applications of overseas absentee registrants shall also be included in the permanent list of voters of the city or municipality where the registrant is domiciled, with the corresponding annotation that such person has been registered or will be voting as an overseas absentee voter. The registry shall also include those registered under Republic Act No. 8189 and who have been issued certifications as overseas absentee voters. The entries in the National Registry of Overseas Absentee Voters and the annotations as overseas absentee voters in the Certified Voters’ List shall be permanent, and cannot be cancelled or amended except in any of the following cases:

9.1. When the overseas absentee voter files a letter under oath addressed to the Commission that he/she wishes to be removed from the Registry of Overseas Absentee Voters, or that his/her name be transferred to the regular registry of voters; or,

9.2. When an overseas absentee voter’s name was ordered removed by the Commission from the Registry of Overseas Absentee Voters for his/her failure to exercise his/her right to vote under this Act for two (2) consecutive national elections.

Sec. 10. Notice of Registration and Election. – The Commission shall, through the embassies, consulates and other foreign service establishments, cause the publication in a newspaper of general circulation of the place, date and time of the holding of a regular or special national election and the requirements for the participation of qualified citizens of the Philippines abroad, at least six (6) months before the date set for the filing of applications for registration.

The Commission shall determine the countries where publication shall be made, and the frequency thereof, taking into consideration the number of overseas Filipinos present in such countries. Likewise, the Commission and the Department of Foreign Affairs shall post the same in their respective websites.

Sec. 11. Procedure for Application to Vote in Absentia. -

11.1. Every qualified citizen of the Philippines abroad whose application for registration has been approved, including those previously registered under Republic Act No. 8189, shall, in every national election, file with the officer of the embassy, consulate or other foreign service establishment authorized by the Commission, a sworn written application to vote in a form prescribed by the Commission. The authorized officer of such embassy, consulate or other foreign service establishment shall transmit to the Commission the said application to vote within five (5) days from receipt thereof. The application form shall be accomplished in triplicate and submitted together with the photocopy of his/her overseas absentee voter certificate of registration.

11.2. Every application to vote in absentia may be done personally at, or by mail to, the embassy, consulate or foreign service establishment, which has jurisdiction over the country where he/she has indicated his/her address for purposes of the elections.

11.3. Consular and diplomatic services rendered in connection with the overseas absentee voting processes shall be made available at no cost to the overseas absentee voter.

Sec. 12. Verification and Approval of Application to Vote. – All applications shall be acted upon by the Commission upon receipt thereof, but in no case later than one hundred fifty (150) days before the day of elections. In the event of disapproval of the application, the voter or his authorized representative may file a Motion for Reconsideration with the Commission personally, or by registered mail, within ten (10) days from receipt of the notice of disapproval. The Commission shall act within five (5) days from receipt of such Motion for Reconsideration and shall immediately notify the voter of its decision. The decision of the Commission shall be final and executory.

The Commission shall issue an overseas absentee voter identification card to those whose applications to vote have been approved.

Sec. 13. Preparation and Posting of Certified List of Overseas Absentee Voters. – The Commission shall prepare the Certified List of Overseas Absentee Voters within one hundred twenty (120) days before every election, and furnish within the same period copies thereof to the appropriate embassies, consulates and other foreign service establishments, which shall post the same in their bulletin boards within ten (10) days from receipt thereof.

Subject to reasonable regulation and the payment of fees in such amounts as may be fixed by the Commission, the candidates, political parties, accredited citizens’ arms, interested persons and all embassies, consulates and other foreign service establishments shall be furnished copies thereof.

Sec. 14. Printing and Transmittal of Ballots, Voting Instructions, Election Forms and Paraphernalia. -

14.1. The Commission shall cause the printing of ballots for overseas absentee voters, voting instructions, and election forms in such number as may be necessary, but in no case shall it exceed the total number of approved applications. Security markings shall be used in the printing of ballots for overseas absentee voters.

14.2. The Commission shall present to the authorized representatives of the Department of Foreign Affairs and the accredited major political parties the ballots for overseas absentee voters, voting instructions, election forms and other election paraphernalia for scrutiny and inspection prior to their transmittal to the embassies, consulates and other foreign service establishments concerned.

14.3. The Commission shall, not later than seventy-five (75) days before the day of elections, transmit by special pouch to the embassies, consulates and other foreign service establishments, the exact number of ballots for overseas absentee voters corresponding to the number of approved applications, along with such materials and election paraphernalia necessary to ensure the secrecy and integrity of the election.

14.4. The authorized representatives of accredited major political parties shall have the right to be present in all phases of printing, transmittal, and casting of ballots abroad. Unclaimed ballots properly marked as such, shall be cancelled and shipped to the Commission by the least costly method.

Sec. 15. Regulation on Campaigning Abroad. – The use of campaign materials, as well as the limits on campaign spending shall be governed by the laws and regulations applicable in the Philippines.

Sec. 16. Casting and Submission of Ballots. -

16.1. Upon receipt by the designated officer of the embassy, consulate and other foreign service establishments of the ballots for overseas absentee voters, voting instructions, election forms and other paraphernalia, he/she shall make them available on the premises to the qualified overseas absentee voters in their respective jurisdictions during the thirty (30) days before the day of elections when overseas absentee voters may cast their vote. Immediately upon receiving it, the overseas absentee voter must fill-out his/her ballot personally, in secret, without leaving the premises of the embassies, consulates and other foreign service establishments concerned.

16.2. The overseas absentee voter shall personally accomplish his/her ballot at the embassy, consulate or other foreign service establishment that has jurisdiction over the country where he/she temporarily resides or at any polling place designated and accredited by the Commission.

16.3. The overseas absentee voter shall cast his ballot, upon presentation of the absentee voter identification card issued by the Commission, within thirty (30) days before the day of elections. In the case of seafarers, they shall cast their ballots anytime within sixty (60) days before the day of elections as prescribed in the Implementing Rules and Guidelines.

16.4. All accomplished ballots received shall be placed unopened inside sealed containers and kept in a secure place designated by the Commission.

16.5. The embassies, consulates and other foreign service establishments concerned shall keep a complete record of the ballots for overseas absentee voters, specifically indicating the number of ballots they actually received, and in cases where voting by mail is allowed under Section 17 hereof, the names and addresses of the voters to whom these ballots were sent, including proof of receipt thereof. In addition, the embassies, consulates and other foreign service establishments shall submit a formal report to the Commission and the Joint Congressional Oversight Committee created under this Act within thirty (30) days from the day of elections. Such report shall contain data on the number of ballots cast and received by the offices, the number of invalid and unclaimed ballots and other pertinent data.

16.6. The overseas absentee voter shall be instructed that his/her ballot shall not be counted if it is not inside the special envelope furnished him/her when it is cast.

16.7. Ballots not claimed by the overseas absentee voters at the embassies, consulates and other foreign service establishments, in case of personal voting, and ballots returned to the embassies, consulates and other foreign service establishments concerned, in the case of voting by mail, shall be cancelled and shipped to the Commission by the least costly method within six (6) months from the day of elections.

16.8. Only ballots cast, and mailed ballots received by the Philippine embassies, consulates and other foreign service establishments concerned in accordance with Section 17 hereof before the close of voting on the day of elections shall be counted in accordance with Section 18 hereof. All envelopes containing the ballots received by the embassies, consulates and other foreign service establishments after the prescribed period shall not be opened, and shall be cancelled and shipped to the Commission by the least costly method within six (6) months from the day of elections.

16.9. A Special Ballot Reception and Custody Group composed of three (3) members shall be constituted by the Commission from among the staff of the embassies, consulates and other foreign service establishments concerned, including their attached agencies, and citizens of the Philippines abroad, who will be deputized to receive ballots and take custody of the same preparatory to their transmittal to the Special Boards of Election Inspectors.

16.10. During this phase of the election process, the authorized representatives of the political parties, candidates, and accredited citizens’ arms of the Commission shall be notified in writing thereof and shall have the right to witness the proceedings.

16.11. The Commission shall study the use of electronic mail, Internet, or other secured networks in the casting of votes, and submit a report thereon to the Joint Congressional Oversight Committee.

Sec. 17. Voting by Mail. -

17.1. For the May, 2004 elections, the Commission shall authorize voting by mail in not more than three (3) countries, subject to the approval of the Congressional Oversight Committee. Voting by mail may be allowed in countries that satisfy the following conditions:

1. Where the mailing system is fairly well-developed and secure to prevent the occasion of fraud;

2. Where there exists a technically established identification system that would preclude multiple or proxy voting; and,

3. Where the system of reception and custody of mailed ballots in the embassies, consulates and other foreign service establishments concerned are adequate and well-secured.

Thereafter, voting by mail in any country shall be allowed only upon review and approval of the Joint Congressional Oversight Committee.

17.2. The overseas absentee voters shall send his/her accomplished ballot to the corresponding embassy, consular or other foreign service establishment that has jurisdiction over the country where he/she temporarily resides. He/She shall be entitled to cast his/her ballot at any time upon his/her receipt thereof, provided that the same Is received before the close of voting on the day of elections. The overseas absentee voter shall be instructed that his/her ballot shall not be counted if not transmitted in the special envelope furnished him/her.

17.3. Only mailed ballots received by the Philippine embassy, consulate and other foreign service establishments before the close of voting on the day of elections shall be counted in accordance with Section 18 hereof. All envelopes containing the ballots received by the embassies, consulates and other foreign service establishments after the prescribed period shall not be opened, and shall be cancelled and disposed of appropriately, with a corresponding report thereon submitted to the Commission not later than thirty (30) days from the day of elections.

Sec. 18. On-Site Counting and Canvassing. -

18.1. The counting and canvassing of votes shall be conducted on site in the country where the votes were actually cast. The opening of the specially-marked envelopes containing the ballots and the counting and canvassing of votes shall be conducted within the premises of the embassies, consulates and other foreign service establishments or in such other places as may be designated by the Commission pursuant to the Implementing Rules and Regulations. The Commission shall ensure that the start of counting in all polling places abroad shall be synchronized with the start of counting in the Philippines.

18.2. For these purposes, the Commission shall constitute as many Special Boards of Election Inspectors as may be necessary to conduct and supervise the counting of votes as provided in Section 18.2 hereof. The Special Boards of Election Inspectors to be constituted herein shall be composed of a Chairman and two (2) members, one (1) of whom shall be designated as poll clerk. The ambassador or consul-general, or any career public officer posted abroad designated by the Commission, as the case may be, shall act as the chairman; in the absence of other government officers, the two (2) other members shall be citizens of the Philippines who are qualified to vote under this act and deputized by the Commission not later than sixty (60) days before the day of elections. All resolutions of the Special Board of Election Inspectors on issues brought before it during the conduct of its proceedings shall be valid only when they carry the approval of the chairman.

Immediately upon the completion of the counting, the Special Boards of Election Inspectors shall transmit via facsimile and/or electronic mail the results to the Commission in Manila and the accredited major political parties.

18.3. Only ballots cast on, or received by the embassies, consulates and other foreign service establishments before the close of voting on the day of elections shall be included in the counting of votes. Those received afterwards shall not be counted.

18.4. A Special Board of Canvassers composed of a lawyer preferably of the Commission as chairman, a senior career officer from any of the government agencies maintaining a post abroad and, in the absence of another government officer, a citizen of the Philippines qualified to vote under this Act deputized by the Commission, as vice-chairman and member-secretary, respectively, shall be constituted to canvass the election returns submitted to it by the Special Boards of Election Inspectors. Immediately upon the completion of the canvass, the chairman of the Special Board of Canvassers shall transmit via facsimile, electronic mail, or any other means of transmission equally safe and reliable the Certificates of Canvass and the Statements of Votes to the Commission, and shall cause to preserve the same immediately after the conclusion of the canvass, and make it available upon instructions of the Commission. The Special Board of Canvassers shall also furnish the accredited major political parties and accredited citizens’ arms with copies thereof via facsimile, electronic mail and any other means of transmission equally safe, secure and reliable.

The Certificates of Canvass and the accompanying Statements of Votes as transmitted via facsimile, electronic mail and any other means of transmission equally safe, secure and reliable shall be the primary basis for the national canvass.

18.5. The canvass of votes shall not cause the delay of the proclamation of a winning candidate if the outcome of the election will not be affected by the results thereof. Notwithstanding the foregoing, the Commission is empowered to order the proclamation of winning candidates despite the fact that the scheduled election has not taken place in a particular country or countries, if the holding of elections therein has been rendered impossible by events, factors and circumstances peculiar to such country or countries, and which events, factors and circumstances are beyond the control or influence of the Commission.

18.6. In the preparation of the final tally of votes on the results of the national elections, the Commission shall ensure that the votes canvassed by each and every country shall be reflected as a separate item from the tally of national votes. For purposes of this Act, the returns of every election for president and vice-president prepared by the Special Board of Canvassers shall be deemed a certificate of canvass of a city or province.

18.7. Where feasible, the counting and canvassing of votes shall be automated. Towards this end, the Commission is hereby authorized to borrow, rent, lease or acquire automated voting machines for purposes of canvassing and counting of votes pursuant to the provisions of this Act, and in accordance with the Implementing Rules and Regulations promulgated by the Commission.

Sec. 19. Authority of the Commission to Promulgate Rules. – The Commission shall issue the necessary rules and regulations to effectively implement the provisions of this Act within sixty (60) days from the effectivity of this Act. The Implementing Rules and Regulations shall be submitted to the Joint Congressional Oversight Committee created by virtue of this Act for prior approval.

In the formulation of the rules and regulations, the Commission shall coordinate with the Department of Foreign Affairs, Department of Labor and Employment, Philippine Overseas and Employment Administration, Overseas Workers’ Welfare Administration and the Commission on Filipinos Overseas. Non-government organizations and accredited Filipino organizations or associations abroad shall be consulted.

Sec. 20. Information Campaign. – The Commission, in coordination with agencies concerned, shall undertake an information campaign to educate the public on the manner of absentee voting for qualified overseas absentee voters. It may require the support and assistance of the Department of Foreign Affairs, through the embassies, consulates and other foreign service establishments, Department of Labor and employment, Department of Transportation and Communications, Philippine Postal Corporation, Philippine Overseas Employment Administration, Overseas Workers’ Welfare Administration and the Commission on Filipinos Overseas. The Commission may deputize Filipino organizations/associations overseas for the same purpose: Provided, That any such deputized organization/association shall be prohibited from participating in the elections by campaigning for or fielding candidates; Provided, further, That if any such deputized organization/association is discovered to have a member who is not a qualified overseas absentee voter as herein defined, such deputized organization/association shall be banned from participating in any manner, and at any stage, in the Philippine political process abroad.

Such information campaign shall educate the Filipino public, within and outside the Philippines, on the rights of overseas absentee voters, absentee voting processes and other related concerns. Information materials shall be developed by the Commission for distribution, through the said government agencies and private organizations. No government agency or accredited private organizations shall prepare, print, distribute or post in websites any information material without the prior approval of the Commission.

Sec. 21. Access to Official Records and Documents. – Subject to the pertinent provisions of this Act, any person shall have the right to access and/or copy at his expense all registration records, voters lists and other official records and documents, subject to reasonable regulations as may be imposed by the Commission.

Sec. 22. Assistance from Government Agencies. – All government officers, particularly from the Department of Foreign Affairs, Department of Labor and Employment, Department of Transportation and Communications, Philippine Postal Corporation, Philippine Overseas Employment Administration, Overseas Workers’ Welfare Administration, Commission on Filipinos Overseas and other government offices concerned with the welfare of the Filipinos overseas shall, to the extent compatible with their primary responsibilities, assist the Commission in carrying out the provisions of this Act. All such agencies or officers thereof shall take reasonable measures to expedite all election activities, which the Commission shall require of them. When necessary, the Commission may send supervisory teams headed by career officers to assist the embassies, consulates and other foreign service establishment concerned.

Sec. 23. Security Measures to Safeguard the Secrecy and Sanctity of Ballots. – At all stages of the electoral process, the Commission shall ensure that the secrecy and integrity of the ballots are preserved. The Committee on Absentee Voting of the Commission shall be responsible for ensuring the secrecy and sanctity of the absentee voting process. In the interest of transparency, all necessary and practicable measures shall be adopted to allow representation of the candidates, accredited major political parties, accredited citizens’ arms and non-government organizations to assist, and intervene in appropriate cases, in all stages of the electoral exercise and to prevent any and all forms of fraud and coercion.

No officer or member of the foreign service corps, including those belonging to attached agencies shall be transferred, promoted, extended, recalled or otherwise moved from his current post or position one (1) year before and three (3) months after the day of elections, except upon the approval of the Commission.

Sec. 24. Prohibited Acts. – In addition to the prohibited acts provided by law, it shall be unlawful:

24.1. For any officer or employee of the Philippine government to influence or attempt to influence any person covered by this Act to vote, or not to vote, for a particular candidate. Nothing in this Act shall be deemed to prohibit free discussion regarding politics or candidates for public office.

24.2. For any person to deprive any person of any right secured in this Act, or to give false information as to his/her name, address, or period of residence for the purposes of establishing his/her eligibility or ineligibility to register or vote under this Act; or to conspire with another person for the purpose of encouraging the giving of false information in order to establish the eligibility or ineligibility of any individual to register or vote under this Act; or, to pay, or offer to pay, or to accept payment either for application to vote in absentia or for voting;

24.3. For any person to tamper with the ballot, the mail containing the ballots for overseas absentee voters, the election returns, including the destruction, mutilation and manipulation thereof;

24.4. For any person to steal, destroy, conceal, mutilate or alter any record, document or paper as required for purposes of this Act;

24.5. For any deputized agent to refuse without justifiable ground, to serve or continue serving, or to comply with his/her sworn duties after acceptance of his/her appointment;

24.6. For any public officer or employee who shall cause the preparation, printing, distribution of information material, or post the same in websites without the prior approval of the Commission;

24.7. For any public officer or employee to cause the transfer, promotion, extension, recall of any member of the foreign service corps, including members of the attached agencies, or otherwise cause the movement of any such member from his current post or position one (1) year before and three (3) months after the day of elections, without securing the prior approval of the Commission;

24.8. For any person who, after being deputized by the Commission to undertake activities in connection with the implementation of this Act, shall campaign for or assist, in whatever manner, candidates in the elections;

24.9. For any person who is not a citizen of the Philippines to participate, by word or deed, directly or indirectly through qualified organizations/associations, in any manner and at any stage of the Philippine political process abroad, including participation in the campaign and elections.

The provision of existing laws to the contrary notwithstanding, and with due regard to the Principle of Double Criminality, the prohibited acts described in this section are electoral offenses and punishable in the Philippines.

The penalties imposed under Section 264 of the Omnibus Election Code, as amended, shall be imposed on any person found guilty of committing any of the prohibited acts as defined in this section: Provided, That the penalty of prision mayor in its minimum period shall be imposed upon any person found guilty of Section 24.3 hereof without the benefit of the operation of the Indeterminate Sentence Law. If the offender is a public officer or a candidate, the penalty shall be prision mayor in its maximum period. In addition, the offender shall be sentenced to suffer perpetual disqualification to hold public office and deprivation of the right to vote.

Immigrants and permanent residents who do not resume residence in the Philippines as stipulated in their affidavit under Section 5(d) within three (3) years after approval of his/her registration under this Act and yet vote in the next elections contrary to the said section, shall be penalized by imprisonment of not less than one (1) year, and shall be deemed disqualified as provided in Section 5(c) of this Act. His/her passport shall be stamped “not allowed to vote”.

Sec. 25. Joint Congressional Oversight Committee. – A Joint Congressional Oversight Committee is hereby created, composed of the Chairman of the Senate Committee on Constitutional Amendments, Revision of Codes and Laws, and seven (7) other Senators designated by the Senate President, and the Chairman of the House Committee on Suffrage and Electoral Reforms, and seven (7) other Members of the House of Representatives designated by the Speaker of the House of Representatives: Provided, That, of the seven (7) members to be designated by each House of Congress, four (4) should come from the majority and the remaining three (3) from the minority.

The Joint Congressional Oversight Committee shall have the power to monitor and evaluate the implementation of this Act. It shall review, revise, amend and approve the Implementing Rules and Regulations promulgated by the Commission.

Sec. 26. Applicability of Other Election Laws. – The pertinent provisions of the Omnibus Election Code, as amended, and other election laws, which are not in conflict with the provisions of this Act shall remain in full force and shall have suppletory application to this Act.

Sec. 27. Enforcement and Administration by the Commission. – The Commission shall, for the purpose of ensuring honest, orderly, peaceful and free elections abroad, have exclusive charge of the enforcement, administration and implementation of this Act.

Sec. 28. Mandatory Review. – Congress shall complete a mandatory review of this Act within two (2) years following the May, 2004 elections for the purpose of amending it to expand or restrict its coverage, scope and application, as well as improve its procedures and institute measures and safeguards, taking into account the experience of the previous election, technological advances and structural political changes.

Sec. 29. Appropriations. – The amount necessary to carry out the provisions of this Act shall be provided in a supplemental budget or included in the General Appropriations Act of the year of its enactment into law. Thereafter, the expenses for its continued implementation shall be included in the subsequent General Appropriations Act.

Sec. 30. Separability Clause. – If any part or provision of this Act shall be declared unconstitutional or invalid, other provisions hereof which are not affected thereby shall continue to be in full force and effect.

Sec. 31. Repealing Clause. – All laws, presidential decrees, executive orders, rules and regulations, other issuances, and parts thereof, which are inconsistent with the provisions of this Act, are hereby repealed or modified accordingly.

Sec. 32. Effectivity. – This Act shall take effect fifteen (15) days following its publication in three (3) newspapers of general circulation.

Approved: February 13, 2003

Be it enacted by the Senate and Hose of Representatives of the Philippines in Congress assembled:

ARTICLE 1
GENERAL PROVISIONS

Section 1. Short Title.- This act shall be known as the ” Government Procurement reform Act.”

Section 2. Declaration of Policy.- It is the declared policy of the State to promote the ideals of good governance in all its branches, departments, agencies, subdivisions, and instrumentalities, including government-owned and/or -controlled corporations and local government units.

Section 3. Governing Principles on Government Procurement.

All procurement of the national government, its departments, bureaus, offices and agencies, including state universities and colleges, government -owned and/or-controlled corporations, government financial institutions and local government units, shall, in all cases, be governed by these principles:

(a) Transparency in the procurement process and in the implementation of procurement contracts.

(b) Competitiveness by extending equal opportunity to enable private contracting parties who are eligible and qualified to participate in public bidding.

(c) Streamlined procurement process that will uniformly apply to all government procurement. The procurement process shall simple and made adaptable to advances in modern technology in order to ensure an effective and efficient method.

(d) System of accountability where both the public officials directly or indirectly involved in the procurement process as well as in the implementation of procurement contracts and the private parties that deal with government are, when warranted by circumstances, investigated and held liable for their actions relative thereto.

(e) Public monitoring of the procurement process and the implementation of awarded contracts with the end in view of guaranteeing that these contracts are awarded pursuant to the provisions of this Act and its implementing rules and regulations, and that all these contracts are performed strictly according to specifications.

Section 4. Scope and Application.- This act shall apply to the Procurement of Infrastructure Projects, Goods and Consulting Services, regardless of source of funds, whether local of foreign, by all branches and instrumentalities of government, its departments, offices and agencies, including government-owned and/or-controlled corporations and local government units, subject to the provisions of Commonwealth Act No. 138. Any treaty or international or executive agreement affecting the subject matter of this Act to which the Philippine government is signatory shall be observed.

Section 5. Definition of Terms.- For purposes of this Act, the following terms or words and phrases shall mean or be understood as follows:

(a) Approved Budget for the Contract (ABC) – refers to the budget for the contract duly approved by the Head of the Procuring Entity, as provided for in the General Appropriations Act and/or continuing appropriations, in the National Government Agencies; the Corporate Budget for the contract approved by the governing Boards, pursuant to E.O.No.518, series of 1979, in the case of Government Financial Institutions and State Universities and Colleges; and the Budget for the contract approved by the respective Sanggunian, in the case of Local Government Units.

(b) BAC – refers to the Bids and Awards Committee established in accordance with Article V of this Act.

(c) Bidding Documents – refer to documents issued by the Procuring Entity as the basis for Bids, furnishing all information necessary for a prospective bidder to prepare a bid for the Goods, Infrastructure Projects, and Consulting Services to be provided.

(d) Bid – refers to signed offer or proposal submitted by a supplier, manufacturer, distributor, contractor or consultant in response to the Bidding Documents.

(e) Competitive Bidding – refers to a method of procurement which is open to participation by any interested party and which consist of the following processes: advertisement, pre-bid conference, eligibility screening of bids, evaluations of bids, post – qualification, and award of contract, the specific requirements and mechanics of which shall be defined in the IRR to be promulgated under this Act.

(f) Consulting Services – refer to services for Infrastructure Projects and other types of projects or activities of the Government requiring adequate external technical and professional experts that are beyond the capability and/or capacity of the government to undertake such as, but not limited to: (I) advisory and review services; (ii) pre investment or feasibility studies; (iii) design; (iv) construction supervision; (v) management and related services; and (vi) other technical services or special studies.

(g) G – EPS – refers to the Government Electronic Procurement System as provided in Section 8 of this Act.

(h) Goods – refer to all items, supplies, materials and general support services, except consulting services and infrastructure projects, which may be needed in the transaction of the public businesses or in the pursuit of any government undertaking, project or activity, whether in the nature of equipment, furniture, stationery, materials for construction, or personal property of any kind, including non – personal or contractual services such as the repair and maintenance of equipment and furniture, as well as trucking, hauling, janitorial, security, and related or analogous services, as well as procurement of materials and supplies provided by the procuring entity or such services.

(i) GPPB – refers to the Government Procurement Policy Board established in accordance with Article X of this Act.

(j) Head of the Procuring Entity- refers to: (I) the head of the agency or his duly authorized official, for national government agencies; (ii) the governing board or its duly authorized official, for government-owned and/or-controlled corporations; or (iii) the local chief executive, for local government units. Provided, That in a department, office or agency where the procurement is decentralized, the Head of each decentralized unit shall be considered as the Head of the Procuring Entity subject to the limitations and authority delegated by the head of the department, office or agency.

(k) Infrastructure Projects – include the construction, improvement, rehabilitation, demolition, repair, restoration or maintenance of roads and bridges, railways, airports, seaports, communication faci9lities, civil works components of information technology projects, irrigation, flood control and drainage, water supply, sanitation, sewerage and solid waste management systems, shore protection, energy/power and electrification facilities, national buildings, school buildings and other related construction projects of the government.

(l) IRR – refer to the implementing rules and regulations to be promulgated in accordance with Section 75 of this Act.

(m) Portal – refers to a website that aggregates a wide variety of content for the purpose of attracting a large number of users.

(n) Procurement – refers to the acquisition of Goods, Consulting Services, and the contracting for Infrastructure Projects by the Procuring Entity. Procurement shall also include the lease of goods and real estate. With respect to real property, its procurement shall be governed by the provisions of Republic Act No.8974, entitled “An Act to Facilitate the Acquisition of Right-of -Way Site or Location of National Government Infrastructure Projects and for Other Purposes” and other applicable laws, rules and regulations.

(o) Procuring Entity – refers to any branch, department, office, agency, or instrumentality of the government, including state universities and colleges, government-owned and/or – controlled corporations, government financial institutions, and local government units procuring Goods, Consulting Services and Infrastructure Projects.

Section 6. Standardization of Procurement Process and Forms.- To systematize the procurement process, avoid confusion and ensure transparency, the procurement process, including the forms to be used, shall be standardized insofar as practicable.

For this purpose, the GPPB shall pursue the development of generic procurement manuals and standard bidding forms, the use of which once issued shall be mandatory upon all Procuring Entities.

ARTICLE II
PROCUREMENT PLANNING

Section 7. Procurement Planning and Budgeting Linkage- All procurement should be within the approved budget of the Procuring Entity and should be meticulously and judiciously planned by the Procuring Entity concerned. Consistent with government fiscal discipline measures, only those considered crucial to the efficient discharge of governmental functions shall be included in the Annual Procurement Plan t o be specified in the IRR.

No government Procurement shall be undertaken unless it is in accordance with the approved Annual Procurement Plan of the Procuring Entity. The Annual Procurement Plan shall be approved by the Head of the Procuring Entity and must be consistent with its duly approved yearly budget. The Annual Procurement Plan shall be formulated and revised only in accordance with the guidelines set forth in the IRR. In the case of Infrastructure Projects, the Plan shall include engineering design and acquisition of right-of-way.

ARTICLE III
PROCUREMENT BY ELECTRONIC MEANS

Section 8. Procurement By Electronic Means.- To promote transparency and efficiency, information and communications technology shall be utilized in the conduct of procurement procedures. Accordingly, there shall be single portal that shall serve as the primary source of information on all government procurement. The G-EPS shall serve as the primary and definitive source of information on government procurement. Further, the GPPB is authorized to approve changes in the procurement process to adapt to improvements in modern technology, provided that such modifications are consistent with provisions of Section 3 of this Act.

To take advantage of the significant built-in-efficiencies of the G-EPS and the volume discounts inherent in bulk purchasing, all Procuring Entities shall utilize the G-EPS for the procurement of common supplies in accordance with the rules and procedures to be established by the GPPB. With regard to the procurement of non-common use items, infrastructure projects and consulting services, agencies may hire service providers to undertake their electronic procurement provided these service providers meet the minimum requirements set by the GPPB.

Section 9. Security, Integrity and Confidentiality.- The G-EPS shall ensure the security, integrity and confidentiality of documents submitted through the system. It shall include feature that provides for an audit trail for on-line transactions and allow the Commission on Audit to verify the security and integrity of the systems at any time.

ARTICLE IV
COMPETITIVE BIDDING

Section 10. Competitive Bidding.- All Procurement shall be done through Competitive Bidding, except as provided for in Article XVI of this Act.

ARTICLE V
BIDS AND AWARDS COMMITTEE

Section 11. The BAC and its Composition.- Each procuring entity shall establish a single BAC for its procurement. The BAC shall have at least five (5) members, but not more than seven (7) members. It shall be chaired by at least a third ranking permanent official of the procuring entity other than its head, and its composition shall be specified in the IRR. Alternatively, as may be deemed fit by the head of the procuring entity, there may be separate BACs where the number and complexity of the items to be procured shall so warrant. Similar BACs for decentralized and lower level offices may be formed when deemed necessary by the head of the procuring entity. The numbers of the BAC shall be designated by the Head of Procuring Entity. However, in no case shall the approving authority be a member of the BAC.

Unless sooner removed for cause, the members of the BAC shall have a fixed term of one (1) year reckoned from the date of appointment, renewable at the discretion of the Head of the Procuring Entity. In case of resignation, retirement, separation, transfer, re-assignment, removal, the replacement shall serve only for the unexpired term: Provided, That in case of leave or suspension, the replacement shall serve only for the duration of the leave or suspension. For justifiable causes, a member shall be suspended or removed by the Head of the Procuring Entity.

Section 12. Functions of the BAC.- shall have the following functions: advertise and/or post the invitation to bid, conduct pre-procurement and pre-bid conferences, determine the eligibility of prospective bidders, receive bids, conduct the evaluation of bids, undertake post-qualification proceedings, recommend award of contracts to the Head of the Procuring Entity of his duly authorized representative: Provided, That in the event the Head of the Procuring shall disapprove such recommendation, such disapproval shall be based only on valid, reasonable and justifiable grounds to be expressed in writing, copy furnished the BAC; recommend the imposition of sanctions in accordance with Article XXIII, and perform such other related functions as may necessary, including the creation of a Technical Working Group from a pool of technical, financial and/or legal experts to assist in the procurement process.

In proper cases, the BAC shall also recommend to the Head of the Procuring Entity the use of Alternative Methods of Procurement as provided for in Article XVI hereof.

The BAC shall be responsible for ensuring that the Procuring Entity abides by the standards set forth by this Act and the IRR, and it shall prepare a procurement monitoring report that shall be approved and submitted by the Head of the Procuring Entity to the GPPB on a semestral basis. The contents and coverage of this report shall be provided in the IRR.

Section 13. Observers.- To enhance the transparency of the process, the BAC shall, in all stages of the procurement process, invite, in addition to the representative of the Commission on Audit, at least two(2) observers to sit in its proceedings, one(1) from a duly recognized private group in a sector or discipline relevant to the procurement at hand, and the other from a non-government organization: Provided, however, That they do not have any direct or indirect interest in the contract to be bid out. The observers should be duly registered with the Securities and Exchange Commission and should meet the criteria for observers as set forth in the IRR.

Section 14. BAC Secretariat.- To assist the BAC in the conduct of its functions, the Head of the Procuring Entity shall create a Secretariat that will serve as the main support unit of the BAC. The Head of the Procuring Entity may also designate an existing organic office within the agency to serve as the Secretariat.

Section 15. Honoraria of BAC Members.- The Procuring Entity may grant payment of honoraria to the BAC members in an amount not to exceed twenty five percent (25%) of their respective basic monthly salary subject to availability of funds. For this purpose, the Department of Budget and Management (DBM) shall promulgate the necessary guidelines.

Section 16. Professionalization of BAC, BAC Secretariat and Technical Working Group Members.- The GPPB shall establish a sustained training program for developing the capacity of the BAC’s, BAC Secretariats and technical Working Groups of Procuring Entities, and proffessionalize the same.

ARTICLE VI
PREPARATION OF BIDDING DOCUMENTS

Section 17. Form and Contents of Bidding Documents.- The Bidding Documents shall be prepared by the Procuring Entity following the standard forms and manuals prescribed by the GPPB. The Bidding Documents shall include the following:

(a) Approved Budget for the Contract;

(b) Instructions to Bidders, including criteria for eligibility, bid evaluation and post-qualification, as well as the date, time and place of the pre-bid Conference (where applicable), submission of bids and opening of bids;

(c) Terms of Reference;

(d) Eligibility Requirements;

(e) Plans and Technical Specifications;

(f) Form of Bid, Price Form, and List of Goods or Bill of Quantities;

(g) Delivery Time or Completion Schedule;

(h) Form and Amount of Bid Security;

(i) Form and Amount of Performance Security and Warranty; and,

(j) Form of Contract, and General and special Conditions of Contract.

The Procuring Entity may require additional document requirements or specifications necessary to complete the information required for the bidders to prepare and submit their respective bids.

Section 18. Reference to Brand Names.- Specifications for the Procurement of Goods shall be based on relevant characteristics and/or performance requirements. Reference to brand names shall not be allowed.

Section 19. Access to Information.- In all stages of the preparation of the Bidding Documents, the Procuring entity shall ensure equal access to information. Prior to their official release, no aspect of the Bidding Documents shall be divulged or released on any prospective bidder or having direct or indirect interest in the project to be procured.

ARTICLE VII
INVITATION TO BID

Section 20. Pre-Procurement Conference. – Prior to the issuance of the Invitation to Bid, the BAC is mandated to hold a pre-procurement conference on each and every procurement, except those contracts below a certain level or amount specified in the IRR, in which case, the holding of the same is optional.

The pre- procurement conference shall assess the readiness of the procurement in terms of confirming the certification of availability of funds, as well as reviewing all relevant documents and the draft Invitation to Bid, as well as consultants hired by the agency concerned and the representative of the end -user.

Section 21. Advertising and Contents of the Invitation to Bid. – In line with the principle of transparency and competitiveness, all Invitations to Bid contracts under competitive bidding shall be advertised by the Procuring Entity in such manner and for such length of time as may be necessary under the circumstances, in order to ensure the widest possible dissemination thereof, such as, but not limited to, posting in the Procuring Entity’s premises, in newspapers of general circulation, the G-EPS and the website of the Procuring Entity, if available. The details and mechanics of implementation shall be provided in the IRR to be promulgated under this Act.

The Invitation to Bid shall contain, among others:

(a) A brief description of the subject matter of the Procurement;

(b) A general statement on the criteria to be used by the Procuring entity for the eligibility check, the short listing of prospective bidders, in the case of the Procurement of Consulting Services the examination and evaluation of Bids, and post-qualification;

(c) The date, time and place of the deadlines for the submission and receipt of the eligibility requirements, the pre-bid conference if any, the submission and receipt of bids, and the opening of bids;

(d) The Approved Budget for the Contract to be bid;

(e) The source of funds;

(f) The period of availability of the Bidding Documents, and the place where these may be secured and;

(g) The contract duration; and

(h) Such other necessary information deemed relevant by the Procuring Entity.

Section 22. Pre-bid Conference. – At least one pre-bid conference shall be conducted for each procurement, unless otherwise provided in the IRR. Subject to the approval of the BAC, a pre-bid conference may also be conducted upon the written request of any prospective bidder.

The Pre-bid conference(s) shall be held within a reasonable period before the deadline for receipt of the bids to allow prospective bidders to adequately prepare their bids, which shall be specified in the IRR.

ARTICLE VIII
RECEIPT AND OPENING OF BIDS

Section 23. Eligibility Requirements for the Procurement of Goods and Infrastructure Projects.- The BAC or, under special circumstances specified in IRR, its duly designated organic office shall determine the eligibility of prospective bidders for the procurement of Goods and Infrastructure Projects, based on the bidders’ compliance with the eligibility requirements within the period set forth in the Invitation to Bid. The eligibility requirements shall provide for fair and equal access to all prospective bidders. The documents submitted in satisfaction of the eligibility requirements shall be made under oath by the prospective bidder or by his duly authorized representative certifying to the correctness of the statements made and the completeness and authenticity of the documents submitted.

A prospective bidder may be allowed to summit his eligibility requirement s electronically. However, said bidder shall later on certify under oath as to correctness of the statements made and the completeness and authenticity of the documents submitted.

Section 24. Eligibility requirements and Short Listing for Consulting Services.- The Eligibility of prospective bidders for the Procurement of Consulting Services shall be determine by their compliance with the eligibility requirements prescribed for the competitive Bidding concerned, within the period stated in the Invitation to bid. The eligibility requirements shall provide for fair and equal access to all prospective bidders. The prospective bidder shall certify under oath as to the correctness of the statements made, and the completeness and authenticity of the documents submitted.

A prospective bidder may be allowed to submit his eligibility requirements electronically. However, said bidder shall later on certify under oath as to correctness of the statements made and the completeness and authenticity of the documents submitted.

The eligible prospective bidders shall then be evaluated using numerical ratings on the basis of the short listing requirements prescribed for the Competitive Bidding concerned, within the period stated in the Invitation to Bid to determine the short list of bidders who shall be allowed to submit their respective bids.

Section 25. Submission and Receipt of Bids.- A bid shall have two(2) components, namely the technical and financial components which should be in separate sealed envelopes, and which shall be submitted simultaneously. The bids shall be received by the BAC on such date, time and place specified in the invitation to bid. The deadline for the receipt of bids shall be fixed by the BAC, giving the prospective bidders sufficient time to study and prepare their bids. The deadline shall also consider the urgency of the procurement involved.

Bids submitted after the deadline shall not be accepted.

Notwithstanding the provisions of this Section and Section 26 of this Act, the GPPB may prescribe innovative procedure for the submission, receipt and opening of bids through the G-EPS.

Section 26. Modification and Withdrawal of Bids. – A bidder may modify his bid, provided that this is done before the deadline for the receipt of bids. The modification shall be submitted in a sealed envelope duly identified as a modification of the original bid and stamped received by the BAC.

A bidder may, through a letter, withdraw his bid or express his intention not to participate in the bidding before the deadline for the receipt of bids. In such case, he shall no longer be allowed to submit another Bid or the same contract either directly or indirectly.

Section 27. Bid Security. – All Bids shall be accompanied by a Bid security, which shall serve as guarantee that, after receipt of the Notice of Award, the winning bidders shall enter into contract with the Procuring Entity within the stipulated time and furnish the required performance security. The specific amounts and allowable forms of the Bid security shall be prescribed in the IRR.

Section 28. Bid Validity. – Bids and Bid securities shall be valid for such reasonable period of time indicated in the Bidding Documents. The duration for each undertaking shall take into account the time involved in the process of Bid evaluation and award of contract.

Section 29. Bid Opening. – the BAC shall publicly open all bids at the time, date, and place specified in the bidding documents. The minutes of the bid opening shall be made available to the public upon written request and payment of a specified fee.

ARTICLE IX
BID EVALUATION

Section 30. Preliminary Examination of Bids. – Prior to Bid evaluation, the BAC shall examine first the technical components of the bids using “pass/fail” criteria to determine whether all required documents are present. Only bids that are determined to contain all the bid requirements of the technical component shall be considered for opening and evaluation of their financial component.

Section 31. Ceiling for Bid Prices. – The ABC shall be the upper limit or ceiling for the Bid prices. Bid prices that exceed this ceiling shall be disqualified outright from further participating in the bidding. There shall be no lower limit to the amount of the award.

Section 32. Bid for the Procurement of Goods and Infrastructure Projects. – For the procurement of Goods and Infrastructure Projects, the BAC shall evaluate the financial component of the bids. The bids that passed the preliminary examination shall be ranked from lowest to highest in terms of their corresponding calculated price shall be referred to as the “Lowest Calculated Bid”.

Section 33. Bid Evaluation of Short Listed Bidders for Consulting Services. – For the Procurement of Consulting Services, the Bids of the short listed bidders shall be evaluated and ranked using numerical ratings in accordance with the evaluation criteria stated in the Bidding Documents, which shall include factors such as, but not limited to, experience, performance, quality or personnel, price and methodology. The Bids shall be ranked from highest to lowest in terms of their corresponding calculated ratings. The Bid with the highest calculated rating shall be the “Highest Rated Bid.” After approved by the Head of the Procuring Entity of the Highest Rated Bid, the BAC shall invite the bidder concerned for negotiation and/or clarification on the following item: financial proposal submitted by the bidder, terms of reference, scope of services, methodology and work program, personnel to be assigned to job, services/facilities/data to be provided by the Procuring Entity concerned, and provisions of the contract. When negotiations with first-in-rank bidder fails, the financial proposal of the second rank bidder shall opened for negotiations: Provided, that the amount indicated in the financial envelope shall be made as the basis for negotiations and the total contract amount shall not exceed the amount indicated in the envelope and the ABC. Whenever necessary, the same process shall be repeated until the bid awarded to the winning bidder.

ARTICLE X
POST-QUALIFICATION

Section 34. Objective and Process of Post-qualification. – Post-qualification is the stage where the bidder with the Lowest Calculated Bid, in the case of Goods and Infrastructure Projects, or the Highest Rated Bid, in the case of Consulting Services, undergoes verification and validation whether he has passed all the requirements and conditions as specified in the Bidding Documents.

If the bidder with the Lowest Calculated Bid or Highest Rated Bid passes all the criteria for post-qualification, his Bid shall be considered the “Lowest Calculated Responsive Bid,” in the case of Goods and Infrastructure or the “Highest Rated Responsive Bid,” in the case of Consulting Services. However, if a bidder fails to meet any of the requirements or conditions, he shall be “post-disqualified” and the BAC shall conduct the post-qualification on the bidder with the second Lowest Calculate Bid or Highest Rated Bid. If the bidder with the second Lowest Calculated Bid or Highest Rated Bid is post-disqualified, the same procedure shall be repeated until the Lowest Calculated Responsive Bid or Highest Rated Responsive Bid is finally determined.

In all cases, the contract shall be awarded only to the bidder with the Lowest Calculated Responsive Bid or Highest Rated Responsive Bid.

Section 35. Failure of Bidding. – there shall be a failure of bidding if:

a. No bids are received;

b. No bid qualifies as the Lowest Calculated Responsive Bid; or,

c. Whenever the bidder with the highest rated/lowest calculated responsive bid refuses, without justifiable cause to accept the award of contract, as the case may be.

Under any of the above instances, the contract shall be re-advertised and re-bid. The BAC shall observe the same process and set the new periods according to the same rules followed during the first bidding. After the second failed bidding, however, the BAC may resort to negotiated procurement as provided for in Section 53 of this Act.

Section 36. Single Calculate/Rated and Responsive Bid Submission. – A single calculated/rated and responsive bid shall be considered for award if it falls under of the following circumstances:

a. If after advertisement, only one prospective bidder submits a Letter of Intent and/or applies for eligibility check, and meets the eligibility requirements or criteria, after which it submits a bide, which is found to be responsive to the bidding requirements;

b. If after the advertisement, more than one prospective bidder applies for eligibility check, but only one bidder meets the eligibility requirements or criteria, after which in submits a bid which is found to be responsive to the bidding requirements; or

c. If after the eligibility check, more than one bidder meets the eligibility requirements, but only one bidder submits a bid, and its bid is found to be responsive to the bidding requirements.

In all instances, the Procuring Entity shall ensure that the ABC reflects the most advantageous prevailing price for the government.

ARTICLE XI
AWARD, IMPLEMENTATION AND TERMINATION OF THE CONTRACT

Section 37. Notice and Executive of Award. – Within a period not exceeding fifteen (15) calendar days from the determination and declaration by the BAC of the Lowest Calculated Responsive Bid or Highest Rated Responsive Bid, and the recommendation of the award, the Head of the Procuring Entity or his duly authorized representative shall approve or disapprove the said recommendation. In case of approval, the Head of the Procuring Entity or his duly authorized representative shall immediately issue the Notice of Award to the bidder with the Lowest Calculated Responsive Bid or Highest Rated Responsive Bid.

Within ten (10) calendar days from receipt of the Notice of Award, the Winning bidder shall formally enter into contract with the Procuring Entity. When further approval of higher authority is required, the approving authority for the contracts shall be given a maximum of twenty (20) calendar days to approve or disapprove it.

In the case of government-owned and/or -controlled corporations, the concerned board shall take action on the said recommendation within thirty (30) calendar days from receipt thereof.

The Procuring Entity shall issue the Notice to Proceed to the winning bidder not later than seven (7) calendar days from the date of approval of the contract by the appropriate authority. All notices called for by the terms of the contract shall be effective only at the time of receipt thereof by the contractor.

Section 38. Period of Action on Procurement Activities. – The procurement process from the opening of bids up to the award of contract shall not exceed three (3) months, or a sho0rter period to be determined by the procuring entity concerned. Without prejudice to the provisions of the preceding section, the different procurement activities shall be completed within reasonable periods to be specified in the IRR.

If no action on the contract is taken by the head of the procuring entity or by his duly authorized representative, or by the concerned board, in the case of government-owned and/or -controlled corporations, within the periods specified in the preceding paragraph, the contract concerned shall be deemed approved.

Section 39. Performing Security. – Prior to the signing of the contract, the winning bidder shall, as a measure of guarantee for the faithful performance of an compliance with his obligations under the contract prepared in accordance with the Bidding Documents, be required to post a performance security in such form and amount as specified in the Bidding Documents.

Section 40. Failure to Enter into Contract and Post Performance Security. – If, for justifiable causes, the bidder with the Lowest Calculated Responsive Bid or Highest Rated Responsive Bid fails, refuses or is otherwise unable to enter into contract with the Procuring Entity, or if the bidder fails to post the required performance security within the period stipulated in the Bidding Documents, the BAC shall disqualify the said bidder and shall undertake post-qualification for the next-ranked Lowest Calculated Bid or Highest Rated Bid. This procedure shall be repeated until an award is made. However, if no award is possible, the contract shall be subjected to a new bidding.

In the case of a failure to post the required performance security, the bid security shall be forfeited without prejudice to the imposition of sanctions prescribed under Article XXIII.

Section 41. Reservation Clause. – The Head of the Agency reserves the right to reject any and all Bids, declare a failure of bidding, or not award the contract in the following situations:

a. If there is prima facie evidence of collusion between appropriate public officers or employees of the Procuring Entity, or between the BAC and any of the bidders, or if the collusion is between or among the bidders themselves, or between a bidder and a third party, including any act which restricts, suppresses or nullifies or tends to restrict, suppress or nullify competition;

b. If the BAC is found to have failed in following the prescribed bidding procedures; or

c. For any justifiable and reasonable ground where the award of the contract will not redound to the benefit of the government as defined in the IRR.

Section 42. Contract Implementation and Termination. – The rules and guidelines for the implementation and termination of contracts awarded pursuant to the provisions of this Act shall be prescribed in the IRR. The rules and guidelines shall include standard general and special conditions for contracts.

ARTICLE XII
DOMESTIC AND FOREIGN PROCUREMENT

Section 43. Procurement of Domestic and Foreign Goods. – Consistent with the country’s obligations under international treaties or agreements, Goods may be obtained for domestic or foreign sources and the procurement thereof shall be open to all eligible suppliers, manufacturers and distributors. However, in the interest of availability, efficiency and timely delivery of Goods, the Procuring Entity may give preference to the purchase of domestically-produced and manufacturer goods, supplies and materials that meet the specified or desired quality.

ARTICLE XIII
BIDDING OF PROVINCIAL PROJECTS

Section 44. Bidding of Provincial Projects. – Priority programs and infrastructure projects funded out of the annual General Appropriations Act which are intended for implementation within the province shall be subject to the same public bidding and to the procurement processes prescribed under this Act. For purposes of this Article, Engineering District civil works projects, subject to consultation with the concerned Members of Congress, are included and subsumed in the term “provincial projects” and shall be governed by this Section and Section 45 hereof.

Section 45. Provincial Bidders. – Within five (5) years from the effectivity of this Act, contractor who participates in the bidding of provincial priority programs and infrastructure projects, whose principal office is within the same province, and who submits the lowest bid among the provincial bidders which is higher than the lowest bid made by a contractor with principal office outside the said province shall be granted the privilege to match the bid made by the latter: Provided, however, That the release of funds for said projects shall be published in a local newspaper with the widest circulation and the website of the DBM, the mechanisms of which shall be spelled-out in the IRR.

ARTICLE XIV
LEASE OF COMPUTERS, COMMUNICATIONS, INFORMATION AND OTHER EQUIPMENT

Section 46. Lease Contracts. – Lease of construction and office equipment, including computers, communication and information technology equipment are subject to the same public bidding and to the processes prescribed under this Act.

ARTICLE XV
DISCLOSURE OF RELATIONS

Section 47. Disclosure of Relations. – In addition to the proposed contents of the Invitation to Bid as mentioned under Section 21 of this Act, all bidding documents shall be accompanied by a sworn affidavit of the bidder that he or she or any officer of their corporation in not related to the Head of the Procuring Entity by consanguinity or affinity up to the third civil degree. Failure to comply with the aforementioned provision shall be a ground for the automatic disqualification of the bid in consonance with Section30 of this Act.

ARTICLE XVI
ALTERNATIVE METHODS OF PROCUREMENT

Section 48. Alternative Methods. – Subject to the prior approval of the Head of the Procuring Entity or his duly authorized representative, and whenever justified by the conditions provided in this Act, the Procuring Entity may, in order to promote economy and efficiency, resort to any of the following alternative methods of Procurement:

a. Limited Source Bidding, otherwise known as Selective Bidding – a method of Procurement that involves direct invitation to bid by the Procuring Entity from a set of pre-selected suppliers or consultants with known experience and proven capability relative to the requirements of a particular contract;

b. Direct Contracting, otherwise known as Single Source Procurement – a method of Procurement that does not require elaborate Bidding Documents because the supplier is simply asked to submit a price quotation or a pro-forma voice together with the conditions of sale, which offer may be accepted immediately or after some negotiations;

c. Repeat Order. – a method of Procurement that involves a direct Procurement of Goods from the previous winning bidder, whenever there is a need to replenish Goods procured under a contract previously awarded through Competitive Bidding;

d. Shopping – a method of Procurement whereby the Procuring Entity simply requests for the submission of price quotations for readily available off-the-shelf Goods or ordinary/regular equipment to be procured directly from suppliers of known qualification; or

e. Negotiated Procurement – a method of Procurement that may be resorted under the extraordinary circumstances provided for in Section 53 of this Act and other instances that shall be specified in the IRR, whereby the Procuring Entity directly negotiates a contract with a technically, legally and financially capable supplier, contractor or consultant.

In all instances, the Procuring Entity shall ensure that the most advantageous price for the government is obtained.

Section 49. Limited Source Bidding. – Limited Source Bidding may be resorted to only in any of the following conditions:

a. Procurement of highly specialized types of Goods and Consulting Services which are known to be obtainable only from a limited number of sources; or

b. Procurement of major plant components where it is deemed advantageous to limit the bidding to known eligible bidders in order to maintain an optimum and uniform level of quality and performance of the plant as a whole.

Section 50. Direct Contracting. – Direct Contracting may be resorted to only in any of the following conditions:

a. Procurement of Goods of propriety nature, which can be obtained only from the propriety source, i.e. when patents, trade secrets and copyrights prohibit others from manufacturing the same items;

b. When the Procurement of critical components from a specific manufacturer, supplier, or distributor is a condition precedent to hold a contractor to guarantee its project performance, in accordance with the provisions his contract; or,

c. Those sold by an exclusive dealer or manufacturer, which does not have sub-dealers selling at lower prices and for which no suitable substitute can be obtained at more advantageous terms to the government.

Section 51. Repeat Order. – When provided for in the Annual Procurement Plan, Repeat Order may be allowed wherein the Procuring Entity directly procures Goods from the previous winning bidder whenever there arises a need to replenish goods procured under a contract previously awarded through Competitive Bidding, subject to post-qualification process prescribed in the Bidding Documents and provided all the following conditions are present:

a. The unit price must be equal to or lower than that provided in the original contract;

b. The repeat order does not result in splitting of requisitions or purchase orders;

c. Except in special circumstances defined in the IRR the repeat order shall be availed of only within six (6) months from the date of the Notice to Proceed arising from the original contract; and,

d. The repeat order shall not exceed twenty-five percent (25%) of the quantity of each item of the original contract.

Section 52. Shopping. – shopping may be resorted to under any of the following instances:

a. When there is an unforeseen contingency requiring immediate purchase: Provided, however, That the amount shall not exceed Fifty thousand pesos (P50,000); or

b. Procurement of ordinary or regular office supplies and equipment not available in the Procurement Service involving an amount not exceeding Two hundred fifty thousand pesos (P250,000): Provided, however, That the Procurement does not result in Splitting of Contracts: Provided, further, That at least three (3) price quotations from bona fide suppliers shall be obtained.

The above amounts shall be subject to a period review by the GPPB. For this purpose, the GPPB shall be authorized to increase or decrease the said amount in order to reflect changes in economic conditions and for other justifiable reasons.

Section 53. Negotiated Procurement. – Negotiated Procurement shall be allowed only in the following instances:

a. In case of two (2) failed bidding as provided in Section 35 hereof;

b. In case of imminent danger to life or property during a state of calamity, or when time is of the essence arising from natural or man-made calamities or other causes where immediate action is necessary to prevent damage to or loss of life or property, or to restore vital public services, infrastructure facilities and other public utilities;

c. Take-over of contracts, which have been rescinded or terminated for causes provided for in the contract and existing laws, where immediate action is necessary to prevent damage to or loss of life or property, or to restore vital public services, infrastructure facilities and other public utilities;

d. Where the subject contract is adjacent or contiguous to an on-going infrastructure project, as defined in the IRR: Provided, however, That the original contract is the result of a Competitive Bidding; the subject contract to be negotiated has similar or related scopes of work; it is within the contracting capacity of the contractor; the contractor uses the same prices or lower unit prices as in the original contract less mobilization cost; the amount involved does not exceed the amount of the ongoing project; and, the contractor has no negative slippage: Provided, further, That negotiations for the procurement are commenced before the expiry of the original contract. Wherever applicable, the principle shall also govern consultancy contract, where the consultants have unique experience and expertise to deliver the required service; or,

e. Subject to the guidelines specified in the IRR, purchases of Goods from another agency of the government, such as the Procurement Service of the DBM, which is tasked with a centralized procurement of commonly used Goods for the government in accordance with Letters of Instruction No. 755 and Executive Order No. 359, series of 1989.

Section 54. Terms and Conditions for the use of Alternative Methods. – The specific terms and conditions, including the limitations and restrictions, for the application of each of the alternative methods mentioned in this Article shall be specified in the IRR.

ARTICLE XVII
PROTEST MECHANISM

Section 55. Protests on Decisions of the BAC.- Decisions of the BAC in all stages of procurement may be protested to the head of the procuring entity and shall be in writing. Decisions of the BAC may be protested by filing a verified position paper and paying a non-refundable protest fee. The amount of the protest fee and the periods during which the protests may be filed and resolved shall be specified in the IRR.

Section 56. Resolution of Protests. – The protest shall be resolved strictly on the basis of records of the BAC. Up to a certain amount to be specified in the IRR, the decisions of the Head of the Procuring Entity shall be final.

Section 57. Non-interruption of the Bidding Process.- In no case shall any protest taken from any decision treated in this Article stay or delay the bidding process. Protests must first be resolved before any award is made.

Section 58. Report to Regular Courts; Certiorari.- Court action may be resorted to only after the protests contemplated in this Article shall have been completed. Cases that are filed in violation of the process specified in this Article shall be dismissed for lack of jurisdiction. The regional trial court shall have jurisdiction over final decision of the head of the procuring entity. Court actions shall be governed by Rule 65 of the 1997 Rules of Civil Procedure.

This provision is without prejudice to any law conferring on the Supreme court the sole jurisdiction to issue temporary restraining orders and injunctions relating to Infrastructure Projects of Government.

ARTICLE XVIII
SETTLEMENT OF DISPUTES

Section 59. Arbitration. – Any and all disputes arising from the implementation of a contract covered by this Act shall be submitted to arbitration in the Philippines according to the provisions of Republic Act No. 876, otherwise known as the “Arbitration Law”: Provided, however, That, disputes that are within the competence of the Construction Industry Arbitration Commission to resolve shall be referred thereto. The process of arbitration shall be incorporated as a provision in the contract that will be executed pursuant to the provisions of this Act: Provided, That by mutual agreement, the parties may agree in writing to resort to alternative modes of dispute resolution.

Section 60. Appeals. – The arbitral award and any decision rendered in accordance with the foregoing Section shall be appealable by way of a petition for review to the Court of Appeals. The petition shall raise pure questions of law and shall be governed by the Rule of Court.

ARTICLE XIX
CONTRACT PRICES AND WARRANTIES

Section 61. Contract Prices. – For the given scope of work in the contract as awarded, all bid prices shall be considered as fixed prices, and therefore not subject to price escalation during contract implementation, except under extraordinary circumstances and upon prior approval of the GPPB.

For purposes of this Section, “extraordinary circumstances” shall refer to events that may be determined by the National Economic and Development Authority in accordance with the Civil Code of the Philippines, and upon the recommendation of the procuring entity concerned.

Section 62. Warranty. – (a) For the procurement of Goods, in order to assure that manufacturing defects shall be corrected by the supplier, manufacturer, or distributor, as the case maybe, for a specific time after performance of the contract, a warranty shall be required from the contract awardee for such period of time as may be provided in the IRR, the obligation for which shall be covered by either retention money in the amount equivalent to a percentage of every progress payment, or a special bank guarantee equivalent to a percentage of the total contract price, to be provided in the IRR. The said amounts shall only be released after the lapse of the warranty period, provided that the Goods supplied are free from defects and all the conditions imposed under the contract have been fully met.

b. For the procurement of infrastructure projects, the contractor shall assume full responsibility for the contract work from the time project construction commenced up to a reasonable period as defined in the IRR taking into consideration the scale and coverage of the project from its final acceptance by the government and shall be held responsible for any damage or construction or works except those occasioned by force majeure. The contractor shall be fully responsible for the safety, protection, security, and convenience of his personnel, third parties, and the public large, as well as the works, equipment, installation and the like to be affected by his construction work and shall be required to put up a warranty security in the form of cash, bank guarantee, letter of credit, Government Service Insurance System bond, or callable surety bond.

The contractor shall undertake the repair works, at his own expense, of any defect or damage to the infrastructure projects on account of the use of materials of inferior quality within ninety (90) days from the time the Head of the Procuring Entity has issued an order to undertake repair. In case of failure or refusal to comply with this mandate, the governments shall undertake such repair works and shall be entitle to full reimbursement of expenses incurred therein upon demand.

Any contractor who fails to comply with the preceding paragraphs shall suffer perpetual disqualification from participating in any public bidding and his property or properties shall be subject to attachment or garnishment proceedings to recover the costs. All payables of government in his favor shall be offset to recover the costs.

ARTICLE XX
THE GOVERNMENT PROCUREMENT POLICY BOARD

Section 63. Organization and Functions. – A Government Procurement Policy Board (GPPB) is hereby established to: (a.) protect national interest in all matters affecting public Procurement, having due regard to the country’s regional and international obligations; (b.) formulate and amend, whenever necessary, the IRR and the corresponding standard forms for Procurement; (c) ensure that Procuring Entities regularly conduct Procurement training programs and prepare a Procurement operations manual for all offices and agencies of government; and (d) conduct an annual review of the effectiveness of this Act and recommend any amendments thereto, as may be necessary.

The GPPB shall convene within fifteen (15) days from the effectivity of this Act formulate the IRR and for other related purposes. The GPPB shall be supported by a technical support office.

In addition to the powers granted under this Act, the GPPB shall absorb all the powers, function and responsibilities of the Procurement Policy Board created under Executive Order No. 359, series of 1989. All affected functions of the Infrastructure Committee of the National Economic and Development Authority Board are hereby transferred to the GPPB.

Section 64. Membership. – The GPPB shall be composed of the Secretary of the Department of Budget and Management, as Chairman, the Director-General of the National Economic and Development Authority, as Alternate Chairman, with the following as Members; the Secretaries of the Departments of Public Works and Highways, Finance, Trade and Industry, Health, National Defense, Education, Interior and Local Government, Science and Technology, Transportation and Communications, and Energy, or their duly authorized representatives and a representative from the private sector to be appointed by the President upon the recommendation of the GPPB. The GPPB may invite a representative from the Commission on Audit to serve as a resource person.

ARTICLE XXI
PENAL CLAUSE

Section 65. Offenses and Penalties. – (a) Without prejudice to the provisions of Republic Act No. 3019, otherwise known as the “Anti-Graft and Corrupt Practice Act” and other penal laws, public officers who commit any of the following acts shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day, but not more than fifteen (15) years:

1. Open any sealed Bid including but not limited to Bids that may have been submitted through the electronic system and any and all documents required to be sealed or divulging their contents, prior to the appointed time for the public opening of Bids or other documents.

2. Delaying, without justifiable cause, the screening for eligibility, opening of bids, evaluation and post evaluation of bids, and awarding of contracts beyond the prescribed periods of Bids or other documents.

3. Unduly influencing or exerting undue pressure on any member of the BAC or any officer or employee of the procuring entity to take a particular bidder.

4. Splitting of contracts which exceed procedural purchase limits and competitive bidding.

5. When the head of the agency abuses the exercise of his power to reject any and all bids as mentioned under Section 41 of this Act with manifest preference to any bidder who is closely related to him in accordance with Section 47 of this Act.

When any of the foregoing acts is done in collusion with private individuals, the private individuals shall likewise be liable for the offense.

In addition, the public officer involved shall also suffer the penalty of temporary disqualification from public office, while the private individual shall be permanently disqualified from transacting business with the government.

(b) Private individuals who commit any of the following acts, including any public officer, who conspires with them, shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but not more than fifteen (15) years:

1. When two or more bidders agree and submit different Bids as if they were bona fide, when they knew that one or more of them was so much higher than the other that it could not be honestly accepted and that the contract will surely be awarded to the pre-arranged lowest Bid.

2. When a bidder maliciously submits different Bids through two or more persons, corporations, partnerships or any other business entity in which he has interest of create the appearance of competition that does not in fact exist so as to be adjudged as the winning bidder.

3. When two or more bidders enter into an agreement which call upon one to refrain from bidding for Procurement contracts, or which call for withdrawal of bids already submitted, or which are otherwise intended to secure as undue advantage to any one of them.

4. When a bidder, by himself or in connivance with others, employ schemes which tend to restrain the natural rivalry of the parties or operates to stifle or suppress competition and thus produce a result disadvantageous to the public.

In addition, the persons involved shall also suffer the penalty of temporary or perpetual disqualification from public office and be permanently disqualified from transacting business with the government.

(c) Private individuals who commit any of the following acts, and any public officer conspiring with them, shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but more than fifteen (15) years:

1. Submit eligibility requirements of whatever kind and nature that contain false information or falsified documents calculated to influence the outcome of the eligibility screening process or conceal such information in the eligibility requirements when the information will lead to a declaration of ineligibility from participating in public bidding.

2. Submit Bidding Documents of whatever kind and nature than contain false information or falsified documents or conceal such information in the Bidding Documents, in order to influence the outcome of the public bidding.

3. Participate in a public bidding using the name of another or allow another to use one’s name for the purpose of participating in a public bidding.

4. Withdraw a Bid, after it shall have qualified as the Lowest Calculated Bid/Highest Rated Bid, or to accept and award, without just cause or for the purpose of forcing the Procuring Entity to award the contract to another bidder. This shall include the non-submission of requirements such as, but not limited to, performance security, preparatory to the final award of the contract.

(d) When the bidder is a juridical entity, criminal liability and the accessory penalties shall be imposed on its directors, officers or employees who actually commit any of the foregoing acts.

Section 66. Jurisdiction. – Jurisdiction over the offenses defined under this Article shall belong to the appropriate courts, according to laws existing at the time of the commission of the offenses.

ARTICLE XXII
CIVIL LIABILITY

Section 67. Civil Liability in Case of Conviction. – Without prejudice to administrative sanctions that may be imposed in proper cases, a conviction under this Act or Republic Act No. 3019 shall carry with it civil liability, which may either consist of restitution for the damage done or the forfeiture in favor of the government of any unwarranted benefit derived from the act or acts in question or both, at the discretion of the courts.

Section 68. Liquidated Damages. – All contracts executed in accordance with this Act shall contain a provision on liquidated damages which shall be payable in case of breach thereof. The amount thereof shall be specified in the IRR.

ARTICLE XXIII
ADMINISTRATIVE SANCTIONS

Section 69. Imposition of Administrative Penalties. – (a) In addition to the provisions of Articles XXI and XXII of this Act, the Head of the Procuring Entity, subject to the authority delegated to the BAC, if any, shall impose on bidders or prospective bidders, the administrative penalty of suspension for one (1) years for the first offense, and suspensions of two (2) years for the second offense from participating in the public bidding process, for the following violations:

1. Submission of eligibility requirements containing false information or falsified documents.

2. Submission of bids that contain false information or falsified documents, or the concealment of such information in the Bids in order to influence the outcome of eligibility screening or any other stage of the public bidding.

3. Allowing the use of one’s name, or using the name of another for purposes of public bidding.

4. Withdrawal of a Bid, or refusal to accept an award, or enter into contract with the government without justifiable cause, after he had been adjudged as having submitted the Lowest Calculated Responsive Bid or Highest Rated Responsive Bid.

5. Refusal or failure to post the require performance security within the prescribed time.

6. Termination of the contract due to the default of the bidder.

Refusal to clarify or validate in writing its Bid during post-qualification within a period of seven (7) calendar days from receipt of the request for clarification.

Any documented unsolicited attempt by a bidder to unduly influence the outcome of the bidding in his favor.

All other acts that tend to defeat the purpose of the Competitive bidding.

(b) In addition to the penalty of suspension, the Bid security of the performance security posted by the concerned bidder or prospective bidder shall also be forfeited.

(c) the Head of the Procuring Entity may delegate to the BAC the authority to impose the aforementioned administrative penalties.

Section 70. Preventive Suspension. – The head of the procuring entity may preventively suspend any member of the Technical Working Group of the Secretariat, or the BAC if there are strong reasons or prima facie evidence showing that the officials or employees concerned are guilty or the charges filed against them under Articles XXI and XXII of this Act or for dishonesty as defined by the Civil Service Laws. In all cases, procedural and substantive due process as mandated by the Constitution and Civil Service Laws, rules and regulations, shall be strictly observed.

Section 71. Lifting of Suspension and Removal of Administrative Disabilities. – Lifting of preventive suspension pending administrative investigation, as well as removal of administrative investigation, as well as removal of administrative penalties and disabilities shall be in accordance with the provisions of Sections 52 and 53, Chapter 6 (Civil Service Commission), Book V of Executive Order No. 292, the Administrative Code of 1987.

ARTICLE XXIV
LEGAL ASSISTANCE AND INDEMNIFICATION OF BAC MEMBERS

Section 72. Private Legal Assistance. – All the members of the BAC are hereby authorized to engage the service of private lawyers or extend counsel immediately upon receipt of Court Notice that a civil or criminal action, suit or proceeding is filed against them. The lawyer’s fee shall be part of the indemnification package for the BAC members, subject to the provisions of Section 73 hereof.

Section 73. Indemnification of BAC Members. – The GPPB shall establish an equitable indemnification package for public officials providing services in the BAC, which may be in the form of free legal assistance, liability insurance, and other forms of protection and indemnification for all cost and expenses reasonably incurred by such persons in connection with any civil or criminal actions, suit or proceeding to which they may be, or have been made, a party by reason of the performance of their functions or duties, unless they are finally adjudged in such action or proceeding to be liable for gross negligence or misconduct or grave abuse of discretion.

In the event of settlement or compromise, indemnification shall be confined only on matters covered by the settlement, as to which the Procuring Entity had been advised by countset that the public officials to be indemnified have not committed gross negligence or misconduct in the performance of their functions and duties.

The members of the BAC and the BAC Secretariat shall also be entitled to medical assistance for injuries incurred in the performance of their functions.

ARTICLE XXV
FINAL PROVISIONS

Section 74. Oversight Committee. – There is hereby created a Joint Congressional Oversight Committee to oversee the implementation of this Act for a period not exceeding five (5) years from the effectivity of this Act. The Committee shall be composed of the Chairman of the Senate Committee on Constitutional Amendments and Revision of Laws and two (2) members thereof appointed by the Senate President, and the Chairman of the House Committee on Appropriations, and two(2) thereof to be appointed by the Speaker of the House of Representatives.

Section 75. Implementing Rules and Regulations and Standard Forms. – Within sixty (60) days from the promulgation of this Act, the necessary rules and regulations for the proper implementation of its provisions shall be formulated by the GPPB, jointly with the members of the Oversight Committee created under Section 74 hereof. The said rules and regulations shall be approved by the President of the Philippines. For a period not later than thirty (30) days upon the approval of the implementing rules and regulations the standard forms for Procurement shall be formulated and approved.

Section 76. Repealing Clause. – This law repeals Executive Order No. 40, series of 2001, entitled “Consolidating Procurement Rules and Procedures for all National Government Agencies, Government-Owned-or-Controlled Corporations and/or Government Financial Institutions, and requiring the Use of the Government Electronic Procurement System”; Executive Order No.262, series of 2000, entitled “Amending Executive Order No.302, series of 1996, entitled “Providing Policies, Guidelines, Rules and Regulations for the Procurement of Goods/Supplies by the National Government’ and Section 3 of Executive Order No.201, series of 2000, entitled “Providing Additional Policies and Guidelines and the Procurement of Goods/Supplies by the National Government”; Executive Order No. 302, series of 1996, entitled “Providing Policies, Guidelines, Rules and Regulations for the Procurement of Goods/Supplies by the National Government” and Presidential Decree No. 1594 dated June 11,1978, entitled “Prescribing Policies, Guidelines, Rule and regulations for Government Infrastructure Contracts.” This law amends Title Six, Book Two of Republic Act No. 7160, otherwise known as the “Local Government Code of 1991″; the relevant provisions of Executive Order No.164, series of 1987, entitled ” An Act Providing Additional Guidelines in the processing and Approval of Contracts of the Government”; and the relevant provisions of Republic Act No. 7898 dated February 23, 1995, entitled “An Act Providing for the Modernization of the Armed Forces of the Philippines and other Purposes.” Any other law, presidential decree or issuance, executive order, letter of instruction, administrative order, proclamation, charter, rule or regulation and/or parts thereof contrary to or inconsistent with the provisions of this Act, hereby repealed, modified or amended accordingly.

Section 77. Separability Clause. – If any provision of this Act is declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.

Section 78. Effectivity Clause. – This Act shall take effect fifteen (150) days following its publication in the Officials Gazette or in two (2) newspapers of general circulation.

Approved,

FRANKLIN DRILON
President of the Senate

JOSE DE VENECIA JR.
Speaker of the House of Representatives

This Act, which is a consolidation of House Bill No.4809 and Senate Bill No. 2248 was finally passed by the House of Representatives and the Senate on December 18, 2002.

OSCAR G. YABES
Secretary of Senate

ROBERTO P. NAZARENO
Secretary General
House of Represenatives

Approved: January 10, 2003

GLORIA MACAPAGAL-ARROYO
President of the Philippines

IMPLEMENTING RULES AND REGULATION OF REPUBLIC ACT 9184 OTHERWISE KNOWN AS
THE GOVERNMENT PROCUREMENT REFORM ACT

Section Details

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Date of Election. – There shall be synchronized barangay and sangguniang kabataan elections which shall be held on July 15, 2002. Subsequent synchronized barangay and sangguniang kabataan elections shall be held on the last Monday of October and every three (3) years thereafter.

Sec. 2. Term of Office. – The term of office of all barangay and sangguniang kabataan officials after the effectivity of this Act shall be three (3) years.

No barangay elective official shall serve for more than three (3) consecutive terms in the same position: Provided, however, That the term of office shall be reckoned from the 1994 barangay elections. Voluntary renunciation of office for any length of time shall not be considered as an interruption in the continuity of service for the full term for which the elective official was elected.

Sec. 3. Registration. – For purposes of the July 15, 2002 synchronized barangay and sangguniang kabataan elections provided under this Act, a special registration of voters for the sangguniang kabataan shall be fixed by the Commission on Elections (COMELEC). Subsequent registration of barangay and sangguniang kabataan voters shall be governed by Republic Act No. 8189.

Sec. 4. Assumption of Office. – The term of office of the barangay and sangguniang kabataan officials elected under this Act shall commence on August 15, 2002. The term of office of the barangay and sangguniang kabataan officials elected in subsequent elections shall commence at noon of November 30 next following their election.

Sec. 5. Hold Over. – All incumbent barangay officials and sangguniang kabataan officials shall remain in office unless sooner removed or suspended for cause until their successors shall have been elected and qualified. The provisions of the Omnibus Election Code relative to the failure of elections and special elections are hereby reiterated in this Act.

Sec. 6. Section 424 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, is hereby amended to read as follows:

“Sec. 424. Katipunan ng Kabataan. – The katipunan ng kabataan shall be composed of Filipino citizens actually residing in the barangay for at least six (6) months, who are fifteen (15) but less than eighteen (18) years of age on the day of the election, and who are duly registered in the list of the sangguniang kabataan or in the official barangay list in the custody of the barangay secretary.

Sec. 7. Section 428 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991, is hereby amended to read as follows:

“Sec. 428. Qualifications. – An elective official of the sangguniang kabataan must be a Filipino citizen, a qualified voter of the katipunan ng kabataan, a resident of the barangay for at least one (1) year immediately prior to election, at least fifteen (15) years but less than eighteen (18) years of age on the day of the election, able to read and write Filipino, English, or the local dialect, and must not have been convicted of any crime involving moral turpitude.”

Sec. 8. Appropriation. – The amount of one billion one hundred million pesos (P1,100,000,000.00) needed for the purpose shall be charged from the appropriation of the COMELEC authorized under Republic Act No. 9162, otherwise known as the FY 2002 General Appropriations Act.

In addition, the savings of the COMELEC not exceeding three hundred million pesos (P300,000,000.00) shall be used to augment said appropriations as authorized under COMELEC Special Provision No. 2 of the Republic Act No. 9162.

The funds mentioned above may be augmented by an amount not exceeding ten percent (10%) of the sangguniang kabataan funds reserved pursuant to Section 532 (c) of Republic Act No. 7160.

Sec. 9. Applicability of Other Election Laws. – The Omnibus Election Code and other existing election laws, as far as practicable, shall apply to barangay and sangguniang kabataan elections.

Sec. 10. Implementing Rules and Regulations. The COMELEC shall promulgate such rules and regulations necessary to implement this Act.

Sec. 11. Separability Clause. – If any provision of this Act is declared unconstitutional or invalid, such sections or parts not affected thereby shall remain in full force and effect.

Sec. 12. Repealing Clause. – All decrees, executive orders, rules and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Sec. 13. Effectivity Clause. – This Act shall take effect seven (7) days after its complete publication in two (2) newspapers of general circulation.

Approved: March 19, 2002

Section 1. Section 2 of Republic Act No. 8953 is hereby amended to read as follows:

“Sec. 2. The regular elections for the regional governor, vice governor and members of the regional legislative assembly of the Autonomous Region in Muslim Mindanao (ARMM) set forth under Republic Act No. 8953 is hereby reset to the second Monday of September 2001.”

Sec. 2. Section 3 of Republic Act No. 8953 is hereby further amended to read as follows:

“Sec. 3. The term of office of the regional governor, regional vice governor and the members of the regional legislative assembly shall commence at noon of the 30th day of September 2001 next following their election and shall expire at noon of the 30th day of September three (3) years thereafter.”

Sec. 3. The funds for the holding of the ARMM elections shall be taken from the savings of the national government or shall be provided in the General Appropriations Act (GAA) of 2001.

Sec. 4. If any of the provisions of this Act is held unconstitutional, provisions not affected shall remain valid and binding.

Sec. 5. All laws, decrees and all other issuances or parts thereof, which are inconsistent with this Act, are hereby repealed, amended or modified accordingly.

Sec. 6. This Act shall take effect upon its approval by the President.

Approved: 28 February 2001.

Section 1. Short Title. – This Act shall be known as the “Fair Elections Act”.

Sec. 2. Declaration of Principles. – The State shall, during the election period, supervise or regulate the enjoyment or utilization of all franchises or permits for the operation of media of communication or information to guarantee or ensure equal opportunity for public service, including access to media time and space, and the equitable right to reply, for public information campaigns and fora among candidates and assure free, orderly, honest. peaceful and credible elections.

The State shall ensure that bona fide candidates for any public office shall be free from any form of harassment and discrimination.

Sec. 3. Lawful Election Propaganda. – Election propaganda whether on television, cable television, radio, newspapers or any other medium is hereby allowed for all registered political parties, national, regional, sectoral parties or organizations participating under the party-list elections and for all bona fide candidates seeking national and local elective positions subject to the limitation on authorized expenses of candidates and political parties, observance of truth in advertising and to the supervision and regulation by the Commission on Elections (COMELEC).

For the purpose of this Act, lawful election propaganda shall include:

3.1 Pamphlets, leaflets, cards, decals, stickers or other written or printed materials the size of which does not exceed eight and one-half inches in width and fourteen inches in length;

3.2 Handwritten or printed letters urging voters to vote for or against any particular political party or candidate for public office;

3.3 Cloth, paper or cardboard posters whether framed, or posted, with an area not exceeding two (2) feet by three (3) feet, except that, at the site and on the occasion of a public meeting or rally, or in announcing the holding of said meeting or rally, streamers not exceeding three (3) feet by eight (8) feet in size, shall be allowed: Provided, That said streamers may be displayed five (5) days before the date of the meeting or rally and shall be removed within twenty-four (24) hours after said meeting or rally;

3.4 Paid advertisements in print or broadcast media: Provided, That the advertisements shall follow the requirements set forth in Section 4 of this Act; and

3.5 All other forms of election propaganda not prohibited by the Omnibus Election Code or this Act.

Sec. 4. Requirements for Published or Printed and Broadcast Election Propaganda. -

4.1 Any newspaper, newsletter, newsweekly, gazette or magazine advertising, posters, pamphlets, comic books, circulars, handbills, bumper stickers, streamers, simple list of candidates or any published or printed political matter and any broadcast of election propaganda by television or radio for or against a candidate or group of candidates to any public office shall bear and be identified by the reasonably legible or audible words “political advertisement paid for,” followed by the true and correct name and address of the candidate or party for whose benefit the election propaganda was printed or aired.

4.2 If the broadcast is given free of charge by the radio or television station, it shall be identified by the words “airtime for this broadcast was provided free of charge by” followed by the true and correct name and address of the broadcast entity.

4.3 Print, broadcast or outdoor advertisements donated to the candidate or political party shall not be printed, published, broadcast or exhibited without the written acceptance by the said candidate or political party. Such written acceptance shall be attached to the advertising contract and shall be submitted to the COMELEC as provided in Subsection 6.3 hereof.

Sec. 5. Election Surveys. -

5.1 Election surveys refer to the measurement of opinions and perceptions of the voters as regards a candidate’s popularity, qualifications, platforms or a matter of public discussion in relation to the election, including voters’ preference for candidates or publicly discussed issues during the campaign period (hereafter referred to as “Survey”).

5.2 During the election period, any person, natural as well as juridical, candidate or organization who publishes a survey must likewise publish the following information:

1. The name of the person, candidate, party or organization who commissioned or paid for the survey;

2. The name of the person, polling firm or survey organization who conducted the survey;

3. The period during which the survey was conducted, the methodology used, including the number of individual respondents and the areas from which they were selected, and the specific questions asked;

4. The margin of error of the survey;

5. For each question for which the margin of error is greater than that reported under paragraph (d), the margin of error for that question; and

6. A mailing address and telephone number, indicating it as an address or telephone number at which the sponsor can be contacted to obtain a written report regarding the survey in accordance with Subsection 5.3.

5.3 The survey together with raw data gathered to support its conclusions shall be available for inspection, copying and verification by the COMELEC or by a registered political party or a bona fide candidate, or by any COMELEC-accredited citizen’s arm. A reasonable fee sufficient to cover the costs of inspection, copying and verification may be charged.

5.4 Surveys affecting national candidates shall not be published fifteen (15) days before an election and surveys affecting local candidates shall not be published seven (7) days before an election. (This provision has been ruled unconstitutional by the Supreme Court in SOCIAL WEATHER STATIONS, INCORPORATED and KAMAHALAN PUBLISHING CORPORATION vs. COMMISSION ON ELECTIONS, GR No. 147571, 5 May 2001)

5.5 Exit polls may only be taken subject to the following requirements:

1. Pollsters shall not conduct their surveys within fifty (50) meters from the poling place, whether said survey is taken in a home, dwelling place and other places;

2. Pollsters shall wear distinctive clothing;

3. Pollsters shall inform the voters that they may refuse to answer; and

4. The result of the exit polls may be announced after the closing of the polls on election day, and must dearly identify the total number of respondents, and the places where they were taken. Said announcement shall state that the same is unofficial and does not represent a trend.

Sec. 6. Equal Access to Media Time and Space. – All registered parties and bona fide candidates shall have equal access to media time and space. The following guidelines may be amplified on by the COMELEC:

6.1 Print advertisements shall not exceed one-fourth (1/4) page in broadsheet and one-half (1/2) page in tabloids thrice a week per newspaper, magazine or other publications, during the campaign period.

6.2

1. Each bona fide candidate or registered political party for a nationally elective office shall be entitled to not more than one hundred twenty (120) minutes of television advertisement and one hundred eighty (180) minutes of radio advertisement whether by purchase or donation.

2. Each bona fide candidate or registered political party for a locally elective office shall be entitled to not more than sixty (60) minutes of television advertisement and ninety (90) minutes of radio advertisement whether by purchase or donation.

For this purpose, the COMELEC shall require any broadcast station or entity to submit to the COMELEC a copy of its broadcast logs and certificates of performance for the review and verification of the frequency, date, time and duration of advertisements broadcast for any candidate or political party.

6.3 All mass media entities shall furnish the COMELEC with a copy of all contracts for advertising, promoting or opposing any political party or the candidacy of any person for public office within five (5) days after its signing. In every case, it shall be signed by the donor, the candidate concerned or by the duly authorized representative of the political party.

6.4 No franchise or permit to operate a radio or television station shall be granted or issued, suspended or cancelled during the election period. In all instances, the COMELEC shall supervise the use and employment of press, radio and television facilities insofar as the placement of political advertisements is concerned to ensure that candidates are given equal opportunities under equal circumstances to make known their qualifications and their stand on public issues within the limits set forth in the Omnibus Election Code and Republic Act No. 7l66 on election spending.

The COMELEC shall ensure that radio or television or cable television broadcasting entities shall not allow the scheduling of any program or permit any sponsor to manifestly favor or oppose any candidate or political party by unduly or repeatedly referring to or including said candidate and/or political party in such program respecting, however, in all instances the right of said broadcast entities to air accounts of significant news or news worthy events and views on matters of public interest.

6.5 All members of media, television, radio or print, shall scrupulously report and interpret the news, taking care not to suppress essential facts nor to distort the truth by omission or improper emphasis. They shall recognize the duty to air the other side and the duty to correct substantive errors promptly.

6.6 Any mass media columnist, commentator, announcer, reporter, on-air correspondent or personality who is a candidate for any elective public office or is a campaign volunteer for or employed or retained in any capacity by any candidate or political party shall be deemed resigned, if so required by their employer, or shall take a leave of absence from his/her work as such during the campaign period: Provided, That any media practitioner who is an official of a political party or a member of the campaign staff of a candidate or political party shall not use his/her time or space to favor any candidate or political party.

6.7 No movie, cinematograph or documentary portraying the life or biography of a candidate shall be publicly exhibited in a theater, television station or any public forum during the campaign period.

6.8 No movie, cinematograph or documentary portrayed by an actor or media personality who is himself a candidate shall likewise be publicly exhibited in a theater or any public forum during the campaign period.

Sec. 7. Affirmative Action by the COMELEC. -

7.1 Pursuant to Sections 90 and 92 of the Omnibus Election Code (Batas Pambansa Blg. 881), the COMELEC shall procure the print space upon payment of just compensation from at least three (3) national newspapers of general circulation wherein candidates for national office can announce their candidacies. Such space shall be allocated free of charge equally and impartially among all the candidates for national office on three (3) different calendar days: the first day within the first week of the campaign period; the second day within the fifth week of the campaign period; and the third day within the tenth week of the campaign period.

7.2 The COMELEC shall also procure free airtime from at least three (3) national television networks and three (3) national radio networks, which shall also be allocated free of charge equally and impartially among all candidates for national office. Such free time shall be allocated on three (3) different calendar days: the first day within the first week of the campaign period; the second day within the fifth week of the campaign period; and the third day within the tenth week of the campaign period.

7.3 The COMELEC may require national television and radio networks to sponsor at least three (3) national debates among presidential candidates and at least one (1) national debate among vice presidential candidates. The debates among presidential candidates shall be scheduled on three (3) different calendar days: the first debate shall be scheduled within the first and second week of the campaign period; the second debate within the fifth and six week of the campaign period; and the third debate shall be scheduled within the tenth and eleventh week of the campaign period.

The sponsoring television or radio network may sell airtime for commercials and advertisements to interested advertisers and sponsors. The COMELEC shall promulgate rules and regulations for the holding of such debates.

Sec. 8. COMELEC Space and Time. – The COMELEC shall procure space in at least one (1) newspaper of general circulation and air time in at least one (1) major broadcasting station or entity in every province or city: Provided, however, That in the absence of said newspaper, publication shall be done in any other magazine or periodical in said province or city, which shall be known as “COMELEC Space”: Provided, further, That in the absence of said broadcasting station or entity, broadcasting shall be done in any radio or television station in said province or city, which shall be known as “COMELEC Time”. Said time shall be allocated to the COMELEC free of charge, while said space shall be allocated to the COMELEC upon payment of just compensation. The COMELEC time and space shall be utilized exclusively by the COMELEC for public information dissemination on election-related concerns.

Sec. 9. Posting of Campaign Materials. – The COMELEC may authorize political parties and party-list groups to erect common poster areas for their candidates in not more than ten (10) public places such as plazas, markets, barangay centers and the like, wherein candidates can post. display or exhibit election propaganda: Provided, That the size of the poster areas shall not exceed twelve (12) by sixteen (16) feet or its equivalent.

Independent candidates with no political parties may likewise be authorized to erect common poster areas in not more than ten (10) public places, the size of which shall not exceed four (4) by six (6) feet or its equivalent.

Candidates may post any lawful propaganda material in private places with the consent of the owner thereof, and in public places or property which shall be allocated equitably and impartially among the candidates.

Sec. 10. Right to Reply. – All registered parties and bona fide candidates shall have the right to reply to charges published against them. The reply shall be given publicity by the newspaper, television and/or radio station which first printed or aired the charges with the same prominence or in the same page or section or in the same time slot as the first statement.

Sec. 11. Rates for Political Propaganda. – During the election period, media outlets shall charge registered political parties and bona fide candidates a discounted rate of thirty percent (30%) for television, twenty percent (20%) for radio and ten percent (10%) for print over the average rates charged during the first three quarters of the calendar year preceding the elections.

Section 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 as stray votes but shall not invalidate the whole ballot. For this purpose, the official ballots shall provide spaces where the voters may write the name of the substitute candidates if they are voting for the latter: Provided, however, That if the substitute candidate of the same family name, this provision shall not apply.

Section 13. Authority of the COMELEC to Promulgate Rules; Election Offenses. – The COMELEC shall promulgate and furnish all political parties and candidates and the mass media entities the rules and regulations for the implementation of this Act, consistent with the criteria established in Article IX-C, Section 4 of the Constitution and Section 86 of the Omnibus Election Code (Batas Pambansa Bldg. 881).

Rules and regulations promulgated by the COMELEC under and by authority of this Section shall take effect on the seventh day after their publication in at least two (2) daily newspapers of general circulation. Prior to effectivity of said rules and regulations, no political advertisement or propaganda for or against any candidate or political party shall be published or broadcast through mass media.

Violation of this Act and the rules and regulations of the COMELEC issued to implement this Act shall be an election offense punishable under the first and second paragraphs of Section 264 of the Omnibus Election Code (Batas Pambansa Bldg. 881).

Section 14. Repealing Clause. – Section 67 and 85 of the Omnibus Election Code (Batas Pambansa Bldg. 881) and Sections 10 and 11 of Republic Act No. 6646 are hereby repealed. As a consequence, the first proviso in the third paragraph of Section 11 of Republic Act No. 8436 is rendered ineffective. All laws, presidential decrees, executive orders, rules and regulations, or any part thereof inconsistent with the provisions of this Act are hereby repealed or modified or amended accordingly.

Section 15. Separability Clause. – If any provision or part hereof is held invalid or unconstitutional, the remainder of this Act not otherwise affected shall remain in full force and effect.

Section 16. Effectivity. – This Act shall take effect immediately upon its approval.

Approved, 12 February 2001.

Section 1. The State asserts that peace is essential to elections and mandates the government to actively pursue the peace process in Mindanao.

Section 2. The regular elections for the regional governor, vice governor and members of the regional legislative assembly of the Autonomous Region in Muslim Mindanao (ARMM) set forth under Republic Act No. 8753 on the second Monday of September 2000 is hereby reset to coincide with the general elections to be held on the second Monday of May 2001. Elections shall be held three (3) years after thereafter pursuant to Republic Act No. 6734 otherwise known as the Organic Act for the Autonomous Region in Muslim Mindanao.

Section 3. The term of office of the regional governor, regional vice governor and members of the regional legislative assembly shall commence at noon of the 30th day of June 2001 next following their election and shall expire at noon of the 30th day June three (3) years thereafter.

Section 4. All incumbent officials of the Autonomous Region shall hold office pursuant to existing laws.

Section 5. If any of the provisions of this Act is held unconstitutional, provisions not affected shall remain valid and binding.

Section 6. All laws, decrees and all other issuances or parts thereof, which are inconsistent with this Act, are hereby repealed, amended or modified accordingly.

Section 7. This Act shall take effect upon its approval by the President.

Approved: September 1, 2000.

Section 1. Amendment to Section 1 of Republic Act No. 7647. – Section 1 of Republic Act No. 7647, as amended, is hereby further amended by fixing the term of office for officials elected on September 9, 1996, to read as follows:

“Sec. 1. The regular elections for regional governor, regional vice-governor and members of the Regional Legislative Assembly of the Autonomous Region in Muslim Mindanao, shall be held on the second Monday of March, 1993 and every three (3) years thereafter. Their terms of office shall commence at noon of the thirty-first of March next following their election and shall expire at noon of the thirty-first of March three (3) years thereafter pursuant to Republic Act Numbered Six thousand seven hundred thirty-four, otherwise known as the Organic Act of the Autonomous Region in Muslim Mindanao. However, for the year nineteen hundred and ninety-six, the elections for regional governor, regional vice-governor and members of the Regional Legislative Assembly shall be held on September 9, 1996. The regional governor, regional vice-governor and the members of the Regional Legislative Assembly elected in nineteen hundred and ninety-six shall assume office at twelve o’clock noon on the thirtieth day of September next following their election and shall end at twelve o?clock noon on the thirtieth day of September 1999: Provided, That effective 1999, the regular elections for regional governor, regional vice-governor and members of the Regional Legislative Assembly of the Autonomous Region in Muslim Mindanao (ARMM), shall be held on the second Monday of September and every three (3) years thereafter pursuant to Republic Act No. 6734, otherwise known as the Organic Act for the Autonomous Region in Muslim Mindanao: Provided, however, That the incumbent regional governor, regional vice-governor and members of the Regional Legislative Assembly elected in September 1996 shall continue in office until September 30, 1999.”

Section 2. Declaration of Nullity of List of Voters. – Upon approval of this Act, the existing certified list of voters in the Autonomous Region in Muslim Mindanao shall cease to be effective and operative.

Section 3. Registration of Voters. -There shall be a general registration of voters on May 8 and 9, 1999 and a special registration of voters on such dates as may be determined by the Commission on Elections. Both registrations shall be under the direct administrative control of the Commission.

Section 4. Voter’s Photograph and Identification Card. – All copies of the application for registration shall contain the applicant?s photograph, to be taken at the time of the filing of the application for registration and at the expense of the Commission. Each voter shall be issued a voter?s identification card as may be determined by the Commission.

Section 5. Authority of the Commission to Determine the Appropriate System Design. – The Commission is authorized to determine the appropriate system design and the particular areas where the computerization of electoral process shall be implemented. The decision shall be based on the following factors: appropriateness of technology, available physical infrastructure, technical capability of election officials, costs and other objective considerations.

Section 6. Authority of the President to Release Funds for Registration of Voters. – The President of the Philippines is hereby authorized to set aside and release the amount of One hundred fifty million pesos (PhP 150,000,000) from the President?s contingent fund to defray the expenses for the registration of voters.

Section 7. Separability Clause. – If any provision of this Act is held unconstitutional, other provisions not affected thereby shall remain valid and binding.

Section 8. Repealing Clause. – All laws, presidential decrees, rules and regulations insofar as they are inconsistent with this Act, are hereby repealed, amended or modified accordingly.

Section 9. Effectivity. This Act shall take effect upon its approval.

Approved: March 4, 1999.