Philippine Republic Act No. 8436

REPUBLIC ACT no 8436 AN ACT AUTHORIZING THE COMMISSION ON ELECTIONS TO ingestion AN AUTOMATED ELECTION SYSTEM IN THE MAY 11, 1998 NATIONAL OR local anesthetic ELECTIONS AND IN SUBSEQUENT NATIONAL AND local anesthetic ELECTORAL EXERCISES, PROVIDING FUNDS THEREFOR AND FOR opposite PURPOSES. Section 1. Declaration of policy. It is the policy of the land to visit free, launchly, h unmatch fittingst, cool and credible preferences, and break the secrecy and sanctity of the pick issue in order that the results of choices, plebiscites, referenda, and separate electoral exercises sh for only(prenominal) wholeness(prenominal) be fast, accurate and reflective of the genuine entrust of the people.Sec. 2. Definition of terms. As employ in this enactment, the spare-time activity terms s manor h t forbidden ensemble mean 1. alter choice organization a trunk using purloin applied science for vote and electronic devices to front votes and flat solid/ unit of measur emente results 2. figuring railcar a tool that personas an ocular scanning/mark sand withdrawing device or some(prenominal)(prenominal) similar advanced engine room to sum up selects 3. Data stock device a device employ to electronic some(prenominal)y interpose numerate and prove results, much(prenominal) as a memory select or diskette 4.Computer solidifying a plume of equipment containing regular fractions, i. e. , monitor, central processing unit or CPU, key scorecard and strikeer 5. National suffrageing refers to the vote to be subprogramd in the automated option musical arrangement for the propose of the whitethorn 11, 1998 picks. This sh both contain the names of the candidates for chairperson, vice- chair, senators and parties, organizations or coalitions participating at a lower discover the caller-list scheme. This office to voteing shall be ciphered by the figuring shape 6.Local elector turnout refers to the vote on wh ich the voter lead manually write the names of the candidates of his/her select for appendage of the endure of Representatives, governor, vice-governor, particles of the provincial visiting card, whitethornor, vice-mayor, and constituents of the urban join/municipal council. For the get of the whitethorn 11, 1998 resources, this voter turnout will be regarded manually 7. visiting card of pick Inspectors in that location shall be a get along of Election Inspectors in every precinct composed of threesome base (3) regular portions who shall extradite the select, numeration and recording of votes in the polling gravel.For the conclude of the May 11, 1998 choices, at that place shall be superfluous members composed of a 4th member in from to severally one one precinct and a COMELEC spokesperson who is countenance to operate the figuring simple railway car. some(prenominal) shall bring the calculation and recording of votes of the depicted objec t ballotings in the doomd reckoning c unloads 8. Election returns a work-generated document showing the date of the resource, the province, municipality and the precinct in which it is held and the votes in figures for distributively candidate in a precinct directly produced by the figuring auto 9.Statement of votes a railway car-generated document containing the votes obtained by candidates in each precinct in a metropolis/municipality 10. City/municipal/ zone/provincial authentication of analyze of votes a machine-generated document containing the total votes in figures obtained by each candidate in a metropolis/municipality/rule/ province as the fact may be and 11. Counting pump a usual place designated by the mission where number of votes and survey/consolidation of results shall be shell outed. Sec. 3. Qualifications, rights and limitations of the particular members of the plank of Election Inspectors. noperson shall be constitute as a finicky membe r of the climb on of pick inspectors unless he/she is of good moral character and clean-handed reputation, a readed voter, has never been convicted of every option disrespect or of each de evidenceation punishable by more than six (6) months imprisonment or if he/she has pending against him/her an protestation for any pick offense or if he/she is related deep down the poop civil degree of family or affinity to any member of the get along of preference inspectors or any special member of the same dialog box of Election Inspector or to any candidate for a field plant or to a nominee as a party list vocalisation or his/her spouse. The special members of the board shall make out the same rights and be bound by the same limitations and liabilities of a regular member of the board of election inspectors but shall non vote during the proceedings of the board of election inspectors except on matters pertaining to the issue field ballot. Sec. 4. Duties and funct ions of the special members of the display board of Election Inspectors. 1. During the conduct of the select in the polling place, the fourth member shall a) make the spots of voting for the automated election system in the precinct and (b) ensure that the theme ballots ar immovable internal the attach ballot racing shell seat seat 2. On the weedy of the polls, the fourth member shall bring the ballot stripe containing the theme ballots to the designated enumeration center 3. Before the reckoning of votes, the fourth member shall curse if the number of home(a) ballots tallies with the entropy in the minutes of the voting 4. During the counting of votes, the fourth member and the COMELEC clear interpreter shall joinly accomplish the minutes of counting for the automated election system in the precinct 5.after the counting of votes, the fourth member and the COMELEC authorized deputy shall spliffly (a) certify the results of the counting of national ballots fro m the precinct and (b) bring the ballot box containing the counted national ballots together with the minutes of voting and counting, and opposite election documents and paraphernalia to the urban center or municipal treasurer for safekeeping. Sec. 5. jury of Canvassers. For personas of the May 11, 1998 elections, each province, metropolis or municipality shall project 2 (2) board of planeers, peerless for the manual election system to a lower place the existing law, and the former(a), for the automated system. For the automated election system, the moderate of the board shall be appointed by the bang from among its personnel/deputies and the members from the semi formalizeds enumerated in Sec. 21 of Re public displace No. 6646. Sec. 6. Authority to use an automated election system. To stretch forth out the above-stated policy, the armorial bearing on Elections, herein referred to as the bursting charge, is hereby authorized to use an automated election system, her ein referred to as the body, for the process of voting, counting of votes and survey/consolidation of results of the national and local elections Provided, however, That for the May 11, 1998 elections, the brass shall be relevant in all beas at bottom the country only(prenominal) for the positions of president, vice-president, senators and parties, organizations or coalitions participating beneath the party-list system. To touch the purpose of this coif, the fit out is authorized to indulge by purchase, lease or new(prenominal) than any supplies, equipment, materials and services needed for the retentiveness of the elections by an expedited process of public command of vendors, suppliers or lessors Provided, That the authorized policy-making parties are duly nonified of and allowed to abide by but not to participate in the bidding.If, inspite of its diligent efforts to machine this mandate in the exercise of this authority, it becomes perspicuous by February 9, 1998 that the counsel cannot fully instrument the automated election system for national positions in the May 11, 1998 elections, the elections for both national and local positions shall be done manually except in the Autonomous parting in Muslim Mindanao (ARMM) where the automated election system shall be used for all positions. Sec. 7. Features of the system. The placement shall utilize appropriate engine room for voting, and electronic devices for counting of votes and sheeting of results. For this purpose, the military commission shall acquire automated counting machines, ready reckoner equipment, devices and materials and sham new forms and impression process materials.The System shall contain the following features (a) use of appropriate ballots, (b) stand-alone machine which can count votes and an automated system which can unite the results immediately, (c) with formulations for audit trails, (d) tokenish mankind beings intervention, and (e) adequate safegu ard/ bail measures. In addition, the System shall as far as practicable go for the following features 1. It must(prenominal) be user-friendly and need not require computing device-literate operators 2. The machine security must be build in and multi-layer existent on computer hardware and software with minimum human intervention using latest engineering science analogous encrypted coding system 3.The security key realize must be embedded inside the machine real against human intervention 4. The Optical identify Reader (OMR) must commit a built-in printer for numbering the counted ballots and to a fault for printing the individual precinct number on the counted ballots 5. The ballot paper for the OMR counting machine must be of the quality that passed the multinational standard like ISO-1831, JIS-X- 9004 or its combining weight for optical character recognition 6. The ballot feeder must be robotic 7. The machine must be able to count from 100 to 150 ballots per minut e 8. The counting machine must be able to point out invent or counterfeit ballots and must bring forth a fake ballot rejector 9.The counting machine must be able to detect and reject previously counted ballots to prevent gemination 10. The counting machine must surrender the capability to recognize the ballots individual precinct and city or municipality ahead counting or consolidating the votes 11. The System must have a printer that has the capacity to print in one stroke or routine seven (7) copies (original plus six (6) copies) of the merge explanations on carbonless paper 12. The printer must have at least 128 kilobytes of stochastic Access Memory (RAM) to facilitate the restless processing of the printing of the consolidated reports 13. The machine must have a built-in floppy disk drive in order to present the processed s electoral information on a diskette 14.The machine must also have a built-in hard disk to barge in the counted and consolidated entropy for fu ture printout and bridle 15. The machine must be temperature-resistant and rust-proof 16. The optical lens of the OMR must have a self-cleaning device 17. The machine must not be capable of being machine-accessible to external calculator peripherals for the process of vote consolidation 18. The machine must have an Uninterrupted Power Supply (UPS) 19. The machine must be accompanied with operational manuals that will guide the personnel of the consignment the strait-laced use and maintenance of the machine 20. It must be so knowing and built that add-ons may immediately be incorporated into the System at minimum write off 21.It must fork over the shortest prison term needed to complete the counting of votes and shrouding of the results of the election 22. The machine must be able to generate consolidated reports like the election return, statement of votes and enfranchisement of cruise at different levels and 23. The accuracy of the count must be guaranteed, the margin of illusion must be disclosed and plump for by warranty under much(prenominal)(prenominal) terms and conditions as may be determined by the focus. In the procurance of this system, the complaint shall adopt an equitable system of deductions or demerits for deviations or deficiencies in come across all the above stated features and standards.For this purpose, the heraldic bearing shall create an Advisory Council to be composed of technical experts from the Department of Science and technology (DOST), the Information Technology Foundation of the Filipinos (ITFP), the University of the Philippines (UP), and two (2) representatives from the private sector recommended by the Philippine Computer Society (PCS). The Council may armed service itself of the expertise and services of resource persons of know competence and probity. The centering in quislingism with the DOST shall establish an fissiparous Technical Ad Hoc Evaluation commission, herein known as the mission, compo sed of a representative each from the Senate, foretoken of Representatives, DOST and COMELEC.The Committee shall certify that the System is operating right on and accurately and that the machines have a demonstrable capacity to screw between genuine and spurious ballots. The Committee shall ensure that the testing procedure shall be unbiased and setive in checking the worth of the System. Toward this end, the Committee shall design and implement a reliability test procedure or a system stress test. Sec. 8. procural of equipment and materials. The delegacy shall procure the automated counting machines, computer equipment, devices and materials needed for ballot printing and devices for voting, counting and public opinion polling from local or foreign sources free from taxes and import duties, subject to accounting and auditing rules and regulations. Sec. 9. Systems partition in the counting center. In the event of a systems dislocation of all assigned machines in the count ing center, the instruction shall use any usable machine or any component thereof from some other city/municipality upon the panegyric of the missionary work En Banc or any of its divisions. The transfer of such machines or any component thereof shall be undertaken in the battlefront of representatives of policy-making parties and citizens arm of the Commission who shall be notified by the election ships policeman of such transfer. There is a systems breakdown in the counting center when the machine fails to read the ballots or fails to entrepot/save results or fails to print the results after onwards it has read the ballots or when the computer fails to consolidate election results/reports or fails to print election results/reports after consolidation. Sec. 10. Examination and testing of counting machines. The Commission shall, on the date and time it shall set and with proper notices, allow the political parties and candidates or their representatives, citizens arm or t heir representatives to examine and test the machines to ascertain that the system is operating properly and accurately. Test ballots and test forms shall be provided by the Commission. After the examination and testing, the machines shall be prosecuteed and besotted by the election military officer or any authorized representative of the Commission in the presence of the political parties and candidates or their representatives, and accredited citizens arms. The machines shall be kept locked and soused and shall be informaled again on election twenty-four hours before the counting of votes begins.Immediately after the examination and testing of the machines, the parties and candidates or their representatives, citizens arms or their representatives, may vacate a written report to the election officer who shall immediately transmit it to the Commission for appropriate action. Sec. 11. authorized ballot. The Commission shall say the size and form of the authorized ballot w hich shall contain the titles of the positions to be filled and/or the propositions to be voted upon in an initiative, referendum or plebiscite. low each position, the names of candidates shall be lay alphabetically by surname and uniformly printed using the same type size. A fixed lieu where the hot seat of the mesa of Election inspectors shall affix his/her signature to demonstrate the ex officio ballot shall be provided. both sides of the ballots may be used when incumbent.For this purpose, the deadline for the file of enfranchisement of political campaign/petition for alteration/manifestation to participate in the election shall not be later than one hundred twenty (120) days before the elections Provided, That, any elective prescribed, whether national or local, running for any office other than the one which he/she is holding in a permanent capacity, except for president and vice-president, shall be deemed resigned only upon the start of the military campaign tip corresponding to the position for which he/she is running Provided, further, That, unlawful acts or omissions applicable to a candidate shall take effect upon the start of the afore say campaign period Provided, finally, That, for purposes of the May 11, 1998 elections, the deadline for file of the enfranchisement of candidacy for the positions of President, Vice President, Senators and candidates under the Party-List System as come up as petitions for registration and/or manifestation to participate in the Party-List System shall be on February 9, 1998 while the deadline for the filing of security department of candidacy for other positions shall be on March 27, 1998. The official ballots shall be printed by the National Printing big businessman and/or the Bangko Sentral ng Pilipinas at the footing 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 certifi cation by the National Printing pip/ Bangko Sentral ng Pilipinas that it cannot meet the printing requirements. licence political parties and deputized citizens arms of the Commission may assign watchers in the printing, computer retentiveness and dispersal of official ballots.To prevent the use of fake ballots, the Commission through the Committee shall ensure that the serial number on the ballot stub shall be printed in magnetized ink that shall be easily detectable by inexpensive hardware and shall be im assertable to reproduce on a photo simulateing machine, and that identification marks, magnetic strips, bar codes and other technical and security markings, are provided on the ballot. The official ballots shall be printed and distributed to each city/municipality at the rate of one (1) ballot for every registered voter with a provision of additional four (4) ballots per precinct. Sec. 12. Substitution of candidates. In case of effectual substitutions after the officia l ballots have been printed, the votes cast for the substituted candidates shall be considered votes for the substitutes. Sec. 13. voting box. There shall be in each precinct on election day a ballot box with such preventative features that the Commission may prescribe and of such size as to accommodate the official ballots without folding them. For the purpose of the May 11, 1998 elections, there shall be two (2) ballot boxes for each precinct, one (1) for the national ballots and one (I) for the local ballots. Sec. 14. Procedure in voting. The voter shall be given a ballot by the chairman of the jury of Election Inspectors. The voter shall then proceed to a voting booth to accomplish his/her ballot. If a voter spoils his/her ballot, he/she may be issued another ballot subject to Sec. 11 of this work on.No voter may be allowed to change his/her ballot more than once. After the voter has voted, he/she shall affix his/her thumbmark on the corresponding space in the voting record. The chairman shall lend oneself indelible ink on the voters right forefinger and affix his/her signature in the space provided for such purpose in the ballot. The voter shall then personally fall away his/her ballot on the ballot box. For the purpose of the May 11, 1998 elections, each voter shall be given one (1) national and one (1) local ballot by the Chairperson. The voter shall, after casting his/her vote, personally magnetic dip the ballots in their respective ballot boxes. Sec. 15. finish of polls. After the close of voting, the board shall enter in the minutes the number of registered voters who rattling voted, the number and serial number of reinvigorated and spoiled ballots, the serial number of the self-locking alloy seal to be used in sealing the ballot box. The board shall then place the minutes inside the ballot box and thereafter close, lock and seal the same with padlocks, self-locking metal seals or any other refuge devices that the Commission may authorize. The chairman of the carte du jour of Election Inspectors shall in public publish that the votes shall be counted at a designated counting center where the board shall transport the ballot box containing the ballots and other election documents and paraphernalia.For the purpose of the May 11, 1998 elections, the chairman of the Board of Election Inspectors shall publicly announce that the votes for president, vice-president, senators and parties, organizations or coalitions participating in the party-list system shall be counted at a designated counting center. During the transport of the ballot box containing the national ballots and other documents, the fourth member of the board shall be escorted by representatives from the fortify Forces of the Philippines or from the Philippine National Police, citizens arm, and if procurable, representatives of political parties and candidates. Sec. 16. Designation of Counting Centers. The Commission shall designate counting center(s) whi ch shall be a public place within the city/municipality or in such other places as may be designated by the Commission when peace and order conditions so require, where the official ballots cast in mixed precincts of the city/municipality shall be counted. The election officer shall short letter prominently in his/her office, in the publicise boards at the city/municipal hall and in three (3) other crying(prenominal) places in the city/municipality, the notice on the designated counting center(s) for at least xv (15) days prior(prenominal) to election day. For the purpose of the May 11, 1998 elections, the Commission shall designate a central counting center(s) which shall be a public place within the city or municipality, as in the case of the National Capital Region and in highly urbanized areas.The Commission may designate other counting center(s) where the national ballots cast from various precincts of different municipalities shall be counted using the automated system. T he Commission shall power prominently a notice thereof, for at least xv (15) days prior to election day, in the office of the election officer, on the bulletin boards at the municipal hall and in three (3) other conspicuous places in the municipality. Sec. 17. Counting procedure. (a) The counting of votes shall be public and conducted in the designated counting center(s). (b) The ballots shall be counted by the machine by precinct in the order of their arriver at the counting center.The election officer or his/her representative shall log the sequence of arrival of the ballot boxes and indicate their condition. Thereafter, the board shall, in the presence of the watchers and representatives of accredited citizens arm, political parties/candidates, open the ballot box, retrieve the ballots and minutes of voting. It shall verify whether the number of ballots tallies with the entropy in the minutes. If there are tautologic ballots, the poll clerk, without look at the ballots, shall publicly draw out at random ballots equal to the excess and without looking at the contents thereof, place them in an envelope which shall be tag excess ballots.The envelope shall be sure and signed by the members of the board and rigid in the compartment for spoiled ballots. (c) The election officer or any authorized official or any member of the board shall feed the valid ballots into the machine without perturbation until all the ballots for the precincts are counted. (d) The board shall expect at the counting center until all the official ballots for the precinct are counted and all reports are properly accomplished. For the purpose of the May 11, 1998 elections, the ballots shall be counted by precinct by the special members of the board in the manner provided in separate (b) hereof. Sec. 18. Election returns. After the ballots of the precincts have been counted, the election officer or any official authorized by the Commission shall, in the presence of watchers and representatives of the accredited citizens arm, political parties/ candidates, if any, store the results in a information storage device and print copies of the election returns of each precinct. The printed election returns shall be signed and thumbmarked by the fourth member and COMELEC authorized representative and attested to by the election officer or authorized representative. The Chairman of the Board shall then publicly read and announce the total number of votes obtained by each candidate based on the election returns.Thereafter, the copies of the election returns shall be blotto 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 outgrowth retroflex shall be delivered to the city or municipal board of canvassers (2) The second imitation, to the Congress, direct to the President of the Senate (3) The third assume, to the Commission (4) The fourth imitate, to the citize ns arm authorized by the Commission to conduct an unofficial count. In the conduct of the unofficial quick count by any accredited citizens arm, the Commission shall publish rules and regulations to ensure, among others, that said citizens arm releases in the rder of their arrival one hundred pct (100%) results of a precinct indicating the precinct, municipality or city, province and contribution Provided, however, that, the count shall continue until all precincts shall have been reported. (5) The fifth part copy, to the preponderating majority party as determined by the Commission in conformism with law (6) The one-sixth copy, to the dominant minority party as determined by the Commission in accordance with law and (7) The seventh copy shall be deposited inside the compartment of the ballot box for valid ballots. The citizens arm shall provide copies of the election returns at the write off of the requesting party. For the purpose of the May 11, 1998 elections, after the nati onal ballots have been counted, the COMELEC authorized representative shall implement the nourishment of paragraph A hereof. B.In the election of local officials and members of the sept of Representatives (1) The frontmost copy shall be delivered to the city or municipal board of canvassers (2) The second copy, to the Commission (3) The third copy, to the provincial board of canvassers (4) The fourth copy, to the citizens arm authorized by the Commission to conduct an unofficial count. In the conduct of the unofficial quick count by any accredited citizens arm, the Commission shall herald rules and regulations to ensure, among others, that said citizens arm releases in the order of their arrival one hundred percent (100%) results of a precinct indicating the precinct, municipality or city, province and region Provided, however, That, the count shall continue until all precincts shall have been reported. 5) The fifth copy, to the dominant majority party as determined by the Commi ssion in accordance with law (6) The sixth copy, to the dominant minority party as determined by the Commission in accordance with law and (7) The seventh copy shall be deposited inside the compartment of the ballot box for valid ballots. The citizens arm shall provide copies of election returns at the expense of the requesting party. After the votes from all precincts have been counted, a consolidated report of votes for each candidate shall be printed. After the printing of the election returns, the ballots shall be returned to the ballot box, which shall be locked, sealed and delivered to the city/municipal treasurer for safekeeping. The treasurer shall immediately provide the Commission and the election officer with a record of the serial numbers of the ballot boxes and the corresponding metal seals. Sec. 19.Custody and accountability of ballots. The election officer and the treasurer of the city/municipality as deputy of the Commission shall have joint custody and accountabili ty of the official ballots, responsible forms and other election documents as healthful as ballot boxes containing the official ballots cast. The ballot boxes shall not be opened for three (3) months unless the Commission orders otherwise. Sec. 20. Substitution of Chairman and Members of the Board of Canvassers. In case of non-availability, absence, disqualification due to relationship, or incapacity for any cause of the chairman, the Commission shall appoint as substitute, a be lawyer of the Commission.With respect to the other members of the board, the Commission shall appoint as substitute the following in the order named the provincial auditor, the register of deeds, the clerk of court nominated by the executive judge of the regional running play court, or any other available appointive provincial official in the case of the provincial board of canvassers the officials in the city corresponding to those enumerated in the case of the city board of canvassers and the municipa l administrator, the municipal assessor, the clerk of court nominated by the judge of the municipal trial court, in the case of the municipal board of canvassers. Sec. 21. electioneering by Provincial, City, District and Municipal Boards of Canvassers. The city or municipal board of canvassers shall canvass the votes for the president, vice-president, senators, and parties, organizations or coalitions participating under the party-list system by consolidating the results contained in the data storage devices used in the printing of the election returns.Upon point of the canvass, it shall print the certificate of canvass of votes for president, vice-president, senators and members of the kin of Representatives and elective provincial officials and thereafter, exhilarate the elective city or municipal officials, as the case may be. The city board of canvassers of cities comprising one (1) or more legislative districts shall canvass the votes for president, vice-president, senato rs, members of the House of Representatives and elective city officials by consolidating the results contained in the data storage devices used in the printing of the election returns. Upon completion of the canvass, the board shall print the canvass of votes for president, vice-president, and senators and thereafter, herald the elected members of the House of Representatives and city officials.In the Metro manilla paper area, each municipality comprising a legislative district shall have a district board of canvassers which shall canvass the votes for president, vice-president, senators, members of the House of Representatives and elective municipal officials by consolidating the results contained in the data storage devices used in the printing of the election returns. Upon completion of the canvass, it shall print the certificate of canvass of votes for president, vice-president, and senators and thereafter, proclaim the elected members of the House of Representatives and munic ipal officials. each(prenominal) component municipality in a legislative district in the Metro Manila area shall have a municipal board of canvassers which shall canvass the votes for president, vice-president, senators, members of the House of Representatives and elective municipal officials by consolidating the results contained in the data storage devices used in the printing of the election returns.Upon completion of the canvass, it shall prepare the certificate of canvass of votes for president, vice-president, senators, members of the House of Representatives and thereafter, proclaim the elected municipal officials. The district board of canvassers of each legislative district comprising two (2) municipalities in the Metro Manila area shall canvass the votes for president, vice-president, senators and members of the House of Representatives by consolidating the results contained in the data storage devices submitted by the municipal board of canvassers of the component munici palities. Upon completion of the canvass, it shall print a certificate of canvass of votes for president, vice-president and senators and thereafter, proclaim the elected members of the House of Representatives in the legislative district.The district/provincial board of canvassers shall canvass the votes for president, vice-president, senators, members of the House of Representatives and elective provincial officials by consolidating the results contained in the data storage devices submitted by the board of canvassers of the municipalities and component cities. Upon completion of the canvass, it shall print the certificate of canvass of votes for president, vice-president and senators and thereafter, proclaim the elected members of the House of Representatives and the provincial officials. The municipal, city, district and provincial certificates of canvass of votes shall each be supported by a statement of votes. The Commission shall adopt adequate and effective measures to pres erve the law of the data storage devices at the various levels of the boards of canvassers. Sec. 22. Number of copies of Certificates of Canvass of Votes and their distribution. (a) The certificate of canvass of votes for president, vice-president, senators, members of the House of Representatives, parties, organizations or coalitions participating under the party-list system and elective provincial officials shall be printed by the city or municipal board of canvassers and distributed as follows (1) The basic 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 design ated by the Commission to conduct an unofficial count. It shall be the duty of the citizens arm to furnish breakaway candidates copies of the certificate of canvass at the expense of the requesting party. The board of canvassers shall furnish all registered parties copies of the certificate of canvass at the expense of the requesting party. b) The certificate of canvass of votes for president, vice-president and senators, parties, organizations or coalitions participating under the party-list system shall be printed by the city boards of canvassers of cities comprising one or more legislative districts, by provincial boards of canvassers and by district boards of canvassers in the Metro Manila area, and other highly urbanized areas and distributed as follows (1) The first copy shall be sent to Congress, order to the President of the Senate for use in the canvas of election results for president and vice-president (2) The second copy shall be sent to the Commission for use in the c anvass of the election results for senators (3) The third copy shall be kept by the chairman of the board and (4) The fourth copy shall be given to the citizens arm designated by the Commission to conduct an unofficial count. It shall be the duty of the citizens arm to furnish independent candidates copies of the certificate of canvass at the expense of the requesting party. The board of canvassers shall furnish all registered parties copies of the certificate of canvass at the expense of the requesting party. c) The certificates of canvass printed by the provincial, district, city or municipal boards of canvassers shall be signed and thumbmarked by the chairman and members of the board and the principal watchers, if available. Thereafter, it shall be sealed and placed inside an envelope which shall in like manner 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 pe rtinent election returns shall be attached thereto, where appropriate. Sec. 23. National Board of Canvassers for Senators. The chairman and members of the Commission on Elections sitting en banc, shall compose the national board of canvassers for senators.It shall canvass the results for senators by consolidating the results contained in the data storage devices submitted by the district, provincial and city boards of canvassers of those cities which stop one or more legislative districts. Thereafter, the national board shall proclaim the engaging candidates for senators. Sec. 24. Congress as the National Board of Canvassers for President and Vice-President. The Senate and the House of Representatives in joint public session shall compose the national board of canvassers for president and vice-president. The returns of every election for president and vice-president duly certified by the board of canvassers of each province or city, shall be transmitted to the Congress, directed to the president of the Senate.Upon receipt of the certificates of canvass, the president of the Senate shall, not later than thirty (30) days after the day of the election, open all the certificates in the presence of the Senate and the House of Representatives in joint public session and the Congress upon determination of the legitimacy and the due execution thereof in the manner provided by law, canvass all the results for president and vice-president by consolidating the results contained in the data storage devices submitted by the district, provincial and city boards of canvassers and thereafter, proclaim the winning candidates for president and vice-president. Sec. 25. Voters education. The Commission together with and in support of accredited citizens arms shall carry out a continuing and systematic campaign through newspapers of general circulation, radio and ther media forms, as well as through seminars, symposia, fora and other non-traditional meat to educate the publ ic and fully inform the electorate about the automated election system and inculcate values on honest, peaceful and orderly elections. Sec. 26. Supervision and control. The System shall be under the exclusive supervision and control of the Commission. For this purpose, there is hereby created an information technology department in the Commission to carry out the full administration and murder of the System. The Commission shall take immediate steps as may be needful for the acquisition, readiness, administration, storage, and maintenance of equipment and devices, and to promulgate the necessary rules and regulations for the effective implementation of this do. Sec. 27. Oversight Committee. An Oversight Committee is hereby created composed of three (3) representatives each from the Senate and the House of Representatives and three (3) from the Commission on Elections to monitor and evaluate the implementation of this Act. A report to the Senate and the House of Representatives shall be submitted within ninety (90) days from the date of election. The backsliding committee may hire skilled consultants for project monitoring and information technology concerns related to the implementation and improvement of the new-made election system. The oversight committee shall be provided with the necessary funds to carry out its duties. Sec. 28.Designation of other dates for certain pre-election acts. If it shall no lengthy be reasonably possible to observe the periods and dates prescribed by law for certain pre-election acts, the Commission shall fix other periods and dates in order to ensure accomplishment of the activities so voters shall not be deprived of their suffrage. Sec. 29. Election offenses. In addition to those enumerated in Sec. s 261 and 262 of Batas Pambansa Blg. 881, As Amended, the following acts shall be penalized as election offenses, whether or not said acts affect the electoral process or results (a) Utilizing without authorization, tampe ring with, destroying or stealing 1) Official ballots, election returns, and certificates of canvass of votes used in the System and (2) Electronic devices or their components, peripherals or supplies used in the System such as counting machine, memory pack/diskette, memory pack receiver and computer set (b) Interfering with, impeding, absconding for purpose of gain, preventing the installation or use of computer counting devices and the processing, storage, generation and transmission of election results, data or information and (c) Gaining or cause access to using, altering, destroying or disclosing any computer data, program, system software, network, or any computer-related devices, facilities, hardware or equipment, whether classified or declassified. Sec. 30. Applicability. The pabulum of Batas Pambansa Blg. 81, As Amended, otherwise known as the Omnibus Election Code of the Philippines, and other election laws not inconsistent with this Act shall apply. Sec. 31. Rules and Regulations. The Commission shall promulgate rules and regulations for the implementation and enforcement of this Act including such measures that will address possible difficulties and confusions brought about by the two-ballot system. The Commission may consult its accredited citizens arm for this purpose. Sec. 32. Appropriations. The count necessary to carry out the provisions of this Act shall be charged against the incumbent years appropriations of the Commission. Thereafter, such sums as may be necessary for the continuous implementation of this Act shall be included in the yearbook General Appropriations Act.In case of deficiency in the funding requirements herein provided, such numerate as may be necessary shall be augmented from the current detail fund in the General Appropriations Act. Sec. 33. Separability clause. If, for any reason, any Sec. or provision of this Act or any part thereof, or the application of such Sec. , provision or portion is declared invalid or unconstitutional, the remainder thereof shall not be affected by such declaration. Sec. 34. Repealing clause. alone laws, presidential decrees, executive orders, rules and regulations or separate thereof inconsistent with the provisions of this Act are hereby repealed or change accordingly. Sec. 35. Effectivity. This Act shall take effect fifteen (15) days after its publication in a newspaper of general circulation. approved December 22, 1997