13 November 2009

ISSUES POLICY VIOLATION CONTEXT OF POLICY

1. No Voter's RA 9369. Sec. 7 n) Provide the voter a system of verification to find out whether
Choice [6] Minimum or not the machine has registered his choice; and
Verification System
Capabilities
2. Transmission RA 9369. Sec. 19 "Within one hour after the printing of the election returns, the
From PCOS is to [22] Election chairman of the board of election inspectors or any official
Three (3) Returns authorized by the Commission shall, in the presence of
watchers and representatives of the accredited citizens' arm,
Directions Only political parties/candidates, if any, electronically transmit the
precinct results 1) to the respective levels of board of
canvassers, 2) to the dominant majority and 3) minority party, 4)
to the accredited citizen's arm, and 5) to the Kapisanan ng mga
Brodcaster 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.

3. Proof of End-to- RA 9369. Sec. 7 (b) Accuracy in recording and reading of votes as well as in the
End Counting [6] Minimum tabulation, consolidation/canvassing, electronic transmission,
System and storage of results;
Capabilities
4. Official Election RA 9369. Sec. 19 "The election returns transmitted electronically and
Results [22] Election digitally signed shall be considered as official election
Returns results and shall be used as the basis for the canvassing of
votes and the proclamation of a candidate."
5. Electronic RA 9369. Sec. 25 The manner of determining the authenticity and due execution
Transmission [30] of the certificates shall conform with the provisions of Republic
Authentication Authentication of Act No. 7166 as may be supplement or modified by the
provision of this Act, where applicable, by appropriate
Electronically authentication and certification procedures for electronic
Transmitted signatures as provided in Republic Act No. 8792 as well as the
Election Results rules promulgated by the Supreme Court pursuant thereto."
6. Consolidation RA 9369. Sec. 20 "SEC. 25. Canvassing by Provincial, City, District and Municipal
of Tally [25] Canvassing Boards of Canvassers. - The City or Municipal board of
by Provincial, City, canvassers shall canvass the votes for the president, vice-
president, senators, and parties, organization or coalitions
District & participating under the party-list system by consolidating the
Municipal Board electronically transmitted results contained in the data storage
of Canvassers 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
procedure the canvass of votes for president, vice-president,
and senators 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 the canvass
votes for president, vice-president, 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 certificates of canvass votes
for president, vice-president and senators and thereafter,
proclaim the elected members of the House of Representatives
and the provincial official.
"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 certificate 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."

7. 1 Compliance Pre-proclamation cases involving provincial, city and

with RA 7166 Section 16. Pre- municipal offices shall be allowed and shall be governed by
proclamation Sections 17, 18, 19, 20, 21 and 22 hereof.
Cases Involving
Provincial, City All pre-proclamation cases pending before the Commission
and Municipal shall be deemed terminated at the beginning of the term of
Offices. the office involved and the rulings of the boards of
canvassers concerned shall be deemed affirmed, without
prejudice to the filing of a regular election protest by the
aggrieved party. However, proceedings may continue when
on the basis of the evidence thus far presented, the
Commission determined that the petition appears meritorious
and accordingly issues an order for the proceeding to
continue or when an appropriate order has been issued by the
Supreme Court in a petition for certiorari.

7.2 Compliance to
RA 7166 Section 17. Pre- Questions affecting the composition or proceedings of the
proclamation board of canvassers may be initiated in the board or directly
Controversies: with the Commission. However, matters raised under
How Commenced Sections 233, 234, 235 and 236 of the Omnibus Election
 Code in relation to the preparation, transmission, receipt,
custody and appreciation of the election returns, and the
certificates of canvass shall be brought in the first instance
before the board of canvassers only.

7.3 Compliance to For purposes of the elections for President, Vice-President,

RA 7166 Section 15. Pre- Senator and Member of the House of Representatives, no
proclamation pre-proclamation cases shall be allowed on matters relating
Cases Not Allowed to the preparation, transmission, receipt, custody and
in Elections for appreciation of the election returns or the certificates of
President Vice- canvass, as the case may be. However, this does not preclude
President, Senator, the authority of the appropriate canvassing body motu propio
and Member of the or upon written complaint of an interested person to correct
House of manifest errors in the certificate of canvass or election
Representatives 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 boards of canvassers in Metro Manila
Area, shall be specifically noticed in the minutes of their
respective proceedings

7.5 Compliance to
RA 7166 Section 28. (a) The city or municipal board of canvassers shall
Canvassing by canvass the election returns of President, Vice-
Provincial City, President, Senator and Members of the House of
District and Representatives and for elective provincial and city or
Municipal Board municipal officials. Upon completion of the canvass,
of Canvassers. it shall prepare the certificate of canvass 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.

(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. Upon completion of the
canvass, the board shall prepare the certificate of
canvass for President, Vice-President, and Senators
and thereafter, proclaim the elected Members of the
House of Representatives and city officials.

(c) (1) In the Metro Manila Area each municipality

comprising a legislative district shall have a district
board of canvassers which shall canvass the election
returns for President, Vice-President, Senators,
Members of the House of Representatives and
elective municipal officials. Upon completion of the
canvass, it shall prepare the certificate of canvass for
President, Vice-President, and Senators and
thereafter, proclaim the elected Member of the House
of Representatives and municipal officials.

(2) Each component municipal 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, Members of the
House of Representatives and elective
municipal officials. Upon completion of the
canvass, each shall prepare the certificate of
canvass for President, Vice-President,
Senators and Members of the House of
Representatives and thereafter, proclaim the
elected municipal officials.

(3) The district board of canvassers of each

legislative district comprising two (2)
municipalities in the Metro Manila Area 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 and thereafter,
proclaim the elected Member of the House of
Representatives in the legislative district.
 (d) The provincial board of canvassers shall canvass
the certificates 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. Upon
completion of the canvass, it shall prepare the
certificate of canvass for President, Vice-President
and Senators and thereafter, proclaim the elected
Member of the House of Representatives and
provincial officials as well as the plebiscite results, if
any.

8. Compliance to RA 8792. Sec. 5

RA 8792 Definition of e. .Electronic signature. refers to any distinctive mark,
Terms characteristic and/or sound in electronic form, representing
the identity of a person and attached to or logically
associated with the electronic data message or electronic
document or any methodology or procedures employed or
adopted by a person and executed or adopted by such person
with the intention of authenticating or approving an
electronic data message or electronic document.

f. .Electronic document. refers to information or the

representation of information, data, figures, symbols or other
modes of written expression, described or however
represented, by which a right is established or an obligation
extinguished, or by which a fact may be proved and affirmed,
which is received, recorded, transmitted, stored, processed,
retrieved or produced electronically.

g. .Electronic key. refers to a secret code which secures and

defends sensitive information that crosses over public
channels into a form decipherable only with a matching
electronic key.

9. Legal RA 8792. Chapter

Recognition of II, Legal Sec. 7. Legal Recognition of Electronic Documents. .
Electronic Recognition of Electronic documents shall have the legal effect, validity or
Documents Electronic Data, enforceability as any other document or legal writing, and -
Sec. 7 Legal
Recognition of
Electronic
Documents (a) Where the law requires a document to be in writing, that
requirement is met by an electronic document if the said
electronic document maintains its integrity and reliability and
can be authenticated so as to be usable for subsequent
reference, in that -

(i) The electronic document has remained complete and

unaltered, apart from the addition of any endorsement and
any authorized change, or any change which arises in the
normal course of communication, storage and display; and

(ii) The electronic document is reliable in the light of the

purpose for which it was generated and in the light of all the
relevant circumstances.

(b) Paragraph (a) applies whether the requirement therein is

in the form of an obligation or whether the law simply
provides consequences for the document not being presented
or retained in its original form.

(c) Where the law requires that a document be presented or

retained in its original form, that requirement is met by an
electronic document if -

(i) There exists a reliable assurance as to the integrity of the

document from the time when it was first generated in its
final form; and

(ii) That document is capable of being displayed to the

person to whom it is to be presented: Provided, That no
provision of this Act shall apply to vary any and all
requirements of existing laws on formalities required in the
execution of documents for their validity.

For evidentiary purposes, an electronic document shall be the

functional equivalent of a written document under existing
laws.
 This Act does not modify any statutory rule relating to the
admissibility of electronic data messages or electronic
documents, except the rules relating to authentication and
best evidence.

10. Electronic RA 8792. Chapter

Signatures II, Legal Sec. 8. Legal Recognition of Electronic Signatures. An
Recognition of electronic signature on the electronic document shall be
Electronic Data, equivalent to the signature of a person on a written document
Sec. 8 Legal if that signature is proved by showing that a prescribed
Recognition of procedure, not alterable by the parties interested in the
Election electronic document, existed under which -
Signatures & Sec.
9 Presumption
Relating to a.) A method is used to identify the party sought to be bound
Electronic and to indicate said party.s access to the electronic document
Signatures necessary for his consent or approval through the electronic
signature;

b.) Said method is reliable and appropriate for the purpose

for which the electronic document was generated or
communicated, in the light of all the circumstances,
including any relevant agreement;

c.) It is necessary for the party sought to be bound, in order to

proceed further with the transaction, to have executed or
provided the electronic signature; and

d.) The other party is authorized and enabled to verify the

electronic signature and to make the decision to proceed with
the transaction authenticated by the same.

Sec. 9. Presumption Relating to Electronic Signatures. - In

any proceedings involving an electronic signature, it shall be
presumed that -

a.) The electronic signature is the signature of the person to

whom it correlates; and

b.) The electronic signature was affixed by that person with

the intention of signing or approving the electronic document
 unless the person relying on the electronically signed
electronic document knows or has notice of defects in or
unreliability of the signature or reliance on the electronic
signature is not reasonable under the circumstances.

11. Authentication RA 8792. Sec. 11

of Electronic Authentication of SEC. 11. Authentication of Electronic Data Messages and
Documents & Electronic Data Electronic Documents. - Until the Supreme Court by
Signatures Messages & appropriate rules shall have so provided, electronic
Documents documents, electronic data messages and electronic
signatures, shall be authenticated by demonstrating,
substantiating and validating a claimed identity of a user,
device, or another entity in an information or communication
system, among other ways, as follows:

(a) The electronic signature shall be authenticated by proof

that a letter, character, number or other symbol in electronic
form representing the persons named in and attached to or
logically associated with an electronic data message,
electronic document, or that the appropriate methodology or
security procedures, when applicable, were employed or
adopted by a person and executed or adopted by such person,
with the intention of authenticating or approving an
electronic data message or electronic document;

(b) The electronic data message and electronic document

shall be authenticated by proof that an appropriate security
procedure, when applicable was adopted and employed for
the purpose of verifying the originator of an electronic data
message and/or electronic document, or detecting error or
alteration in the communication, content or storage of an
electronic document or electronic data message from a
specific point, which, using algorithm or codes, identifying
words or numbers, encryptions, answers back or
acknowledgment procedures, or similar security devices.

The Supreme Court may adopt such other authentication

procedures, including the use of electronic notarization
systems as necessary and advisable, as well as the certificate
of authentication on printed or hard copies of the electronic
document or electronic data messages by electronic notaries,
service providers and other duly recognized or appointed
certification authorities.
The person seeking to introduce an electronic data message
and electronic document in any legal proceeding has the
burden of proving its authenticity by evidence capable of
supporting a finding that the electronic data message and
electronic document is what the person claims it to be.

In the absence of evidence to the contrary, the integrity of the

information and communication system in which an
electronic data message or electronic document is recorded
or stored may be established in any legal proceeding -

(a) By evidence that at all material times the information and

communication system or other similar device was operating
in a manner that did not affect the integrity of the electronic
data message and/or electronic document, and there are no
other reasonable grounds to doubt the integrity of the
information and communication system;

(b) By showing that the electronic data message and/or

electronic document was recorded or stored by a party to the
proceedings who is adverse in interest to the party using it; or

(c) By showing that the electronic data message and/or

electronic document was recorded or stored in the usual and
ordinary course of business by a person who is not a party to
the proceedings and who did not act under the control of the
party using the record.