I.

Introduction

The conduct of elections in the Philippines for the past four decades has remained largely unchanged. Philippine elections rely heavily on manual tallying and canvassing of votes thus making them vulnerable to control and manipulation by traditional politicians and those with vested interests.

The cost of winning an elective post is highly expensive and the absence of mechanisms to check and limit sources of campaign funds become fertile grounds for corruption and divisiveness.

In recent years, initiatives to reform the electoral system included the enactment of the following laws: Republic Act (RA) 8046, establishing a pilot program modernizing the registration and vote counting process in the Autonomous Region in Muslim Mindanao, the Party List Law, Fair Elections Act and the Absentee Voting Act. To address the inadequacies and limitations of the electoral process, RA 8436 or the Election Automation Act of 1997, was passed authorizing the Commission on Elections (COMELEC) to use automated election system for vote counting and canvassing in the national and local polls. The law provided for the generation of a national computerized voters list, establishment of a voters identification card system and the automation of the vote counting.

Notwithstanding the rapid advances in technology, the Philippines has until recently been living in the Stone Age when it comes to the conduct of elections. Elections in the Philippines have always been undertaken manually, where the counting of votes could take months before the winners are proclaimed. This is especially the case for elections involving national positions, which are prone to cheating and other electoral frauds. Proponents of poll automation hope to lessen, if not solve, these perennial problems.

The Philippine Electoral Process Philippine elections are held in May every three years for both national and local positions. The national positions are president, vice president, senators and party-list representatives. Local positions are governors, vice governors, board members, mayors, vice mayors, councilors and congressmen. Together with the presidential form of government, the electoral system has set the institutional frame for the development of Philippine political parties. The current electoral system is established in the 1987 constitution.

The president and vice president are elected nationally for six year terms with no reelection allowed. The national legislature is bicameral, with a lower house of 200 representatives elected in single member district constituencies for three year terms, plus sectoral representatives appointed by the President. The 24 member Senate has senators elected for six year terms nationally, half elected every three years. Representatives are limited to three terms, senators to two. Local government officials (governors, provincial councils, municipal and city mayors, municipal and city councils) are elected to three year terms, with a three term limit. Senators, congressmen and local government officials are elected in mid-term elections, but during presidential election years, everyone is elected at the same time. During synchronized elections, more than 17,000 positions are filled. Elections for barangay government, the lowest level of government roughly corresponding to rural villages and urban neighborhoods are held separately. The system has been "first past the post", whoever wins the most number of votes, wins. Voting in the Philippines has required writing down the names of individual candidates. This has created problems especially during synchronized elections when voters have to write down anywhere from 32 to 44 names on the ballot. Another set of problems occurs as a result of the long period required for counting and canvassing of votes cast. Votes are counted by hand at the precinct level, then precinct returns canvassed at the municipal level, municipal returns at the provincial level, and only then added up at the COMELEC in Manila, a process that can take over a month. Elections are supervised by the Commission on Elections (COMELEC), a constitutionally mandated, independent body. Although it is supposed to be an independent body, the COMELEC is invariably accused of being pro-administration in nearly every election. Parties are required to register with the COMELEC with a verified petition with attachments including a constitution, by-laws, platform, and such other information as may be required by the COMELEC. They are required to have chapters in a majority of regions, and within each region, a majority of provinces, down to towns and barangays.

II. Manual Election System A. Legal History The Omnibus Election Code or Batas Pambansa Bilang 881 is the basic law on elections. This was enacted into law on December 3, 1985. It codified all previous election laws and underwent some amendments basically by the 1987 Constitution, Republic Act No. 6646 or known

as The Electoral Reform Law of 1987, and Republic Act No. 7166, providing for synchronized national and local elections on May 11, 1992. While legislations have been enacted every time an election for elective officials is scheduled, the Omnibus Election Code remains the fundamental law on the subject and such pieces of legislations are designed to improve the law and to achieve the holding of free, orderly, honest, peaceful and credible elections. B. Manual Election Process Voting is held nation-wide in schools designated as polling precincts. The votes are cast by writing on a ballot the names of candidates from the national to the local level, and the ballot is thereafter dropped inside a steel ballot box. Given the number of positions to be filled - on the average 40 - the voting process is tedious, not to mention the fact that voters will have to manually write the names of their candidates. This contributes to post-election controversies because the names of candidates are sometimes not spelled correctly which could lead to the exclusion of such votes. A Board of Election Inspectors (BEI), composed of three people who are mostly public school teachers, mans the polling precincts. At the end of voting, the BEI proceeds to manually count the votes by reading the names of voted candidates on each ballot in the presence of poll watchers and recording the number of votes for each candidate on a tally sheet called election return (ER). The ERs and ballot boxes are then transported to the city or municipal hall where the results contained in the ERs from all precincts are canvassed or totalled. At this point, the winning local officials, with the exception of congressmen, are proclaimed. Copies of ERs generated at the precinct level are transmitted to the province (much like a county in the US), Comelec and Congress for the canvass of votes, and proclamation of winners, for congressmen and provincial/city officials, senators and party-list representatives, and president and vice president, respectively. C. Problems Encountered with Manual Election 1. Different Electoral Frauds Employed 1.1. Dagdag-Bawas - Literally it is the adding or subtracting votes to help boost the chance of one candidate to win against the other. It is usually employed during the period.

canvassing

1.2. Vote Buying - Is employing financial means to persuade the voter to vote for a certain candidate. It is usually employed prior to the day of election or before a votes. 1.3. Flying Voters - In this situation a candidate calls upon a number of voters from other places or precincts to ensure his winning or to add votes for him. This is done before election day. 1.4. Ballot Box Changing - This is done to change all the votes in the said ballot box in favour of a candidate and add votes for him. This is just like dagdag-bawas only it is during counting but before it reaches the place of counting and involves or changing the contents of the ballot.

voter

done not meddling

2. Illiterate persons need someone who will assist them - Because there are still persons who cannot read or write, they need assistance in writing their votes. In the manual elections this is needed for the name of the candidate must be written beside the position he is running for. This has been subject to fraud because the voters choice of candidate may not be written down and instead the assistants candidate of choice is written. The poor illiterate voters do not even know and rely only to the assurance of his assistant that his choice of candidate was written down. 3. Large number of people needed to conduct the election - In manual elections, the government needs to call upon a huge number of workers to do the task of inspectors, canvassers and security. Usually the ones employed are the public school teachers. They provide assistance to the local precinct where they are listed. 4. Large amount of money to be used as compensation for workers - If the number of workers needed for an election is huge, the government also needs to secure a huge amount of money to compensate the workers. This adds up to the burden of the government but is needed for the services rendered of the people who assisted in conducting an election.

D. Advantages realized with Manual Election 1. Tried and tested process of election - Since the dawn of democracy here in the Philippines, manual election is the way know who are the voters choice of candidate. This is a very important right which ensures that the next government is for the people and by the people. As one of the most fundamental right of a citizen it is accorded such public interest that affects the citizenry directly if not exercised. Manual elections obtained trust from the people through almost a century of history. Having that kind of background it gives confidence and relays the message that election will push through no matter what. 2. No failure of election could happen - This is the worst nightmare of the people who love to exercise their right to vote and choose their next leaders. And this is what the manual election has assured the public for many generations. It has cemented its place on peoples minds that no failure of election could happen. Although there are fraudulent means to alter the result of the election what matters most to the people is that their right to vote must not be taken away from them.

III. Automated Election System A. Legal History Although the Poll Modernization Law took effect as early as 1997, it is only now that computerization of Philippine elections is being seriously considered. With the passage of RA 9369 in 2007, which amended RA 8436, Comelec has been mandated to computerize the upcoming May 2010 elections. For this purpose, the Comelec has contracted with the Dutch company Smartmatic and its local partner Total Information Management, Inc. (TIM) on July 10, for the supply of Precinct Count Optical Scan (PCOS) machines. The PCOS are a form of Optical Mark Reader (OMR) machines that function by reading and counting the markings made by voters on the ballots after the same are fed to the machines. The first automated election was held in ARMM last August 11, 2008. There were a lot of firsts during this historical event: First fraud-free election in more than half a century; first time the winning candidates were proclaimed in less than two days after election day; first to use electronic voting and transmission machines in a Philippine electoral exercise; first time election results have been uncontested; first elections with practically no reports of voter disenfranchisement; and first elections where the rate of failure of elections is less than 1 percent. Voters turnout was greater than expected, reaching 90% of the expected voting population.

On February 25, UP Diliman(UPD) held its first campus-wide computerized University Student Council (USC) elections. The open source voting system, called Halalan, was created by the University of the Philippines Lifinux Users Group (UnPLUG), a student organization at the College of Engineering (CoE). The colleges provided the computers for the elections. The voting process started with students presenting their IDs or Form-5s to attending poll clerks, who checked the list of valid voters. Students on the list then received their passwords from the poll clerks and proceeded to unoccupied voting stations. Using their student numbers and the passwords provided as login information, they opened their electronic ballots and marked the boxes of their chosen candidates. Once they clicked the confirm button, their votes were final and they were automatically logged out. The system allows voters to log in again but only to check their votes, not change them. The first working prototype of Halalan was created in January 2005 and presented to UPD student councils and student publications later that month at the Palma Hall Lobby. Its first application in the USC elections was at the CoE and the School of Statistics in 2007. A year later, the College of Business Administration, the College of Mass Communication, and the School of Library and Information Science also adopted the system. B. Definition and Description Computerized voting is a superior form of casting ballots. It allows for fairer and faster voting. It takes many forms with different processes but how it is implemented depends on the technological facilities allocated for the elections procedure. Automated election system (AES) is a system that uses appropriate technology to accomplish and aid such tasks as voting, counting, consolidating, canvassing, and transmission of election result, and other electoral process. Republic Act No. 9369, which is the Amended Elections Automation Law provides for the use of two forms of AES. The Philippines has approximately 47 million registered voters scattered in about 320,000 precincts. Each precinct has, at most, 200 voters. In order to maximize the benefit and cost of each PCOS machine, one will be assigned to each clustered precinct of at most five precincts. Obviously, some clusters will have less than five precincts since some remote areas may have less than 1,000 population. Thus, a single machine will be handling a maximum of 1,000 ballots. Comelec estimates the clustered precincts to number 80,136 hence the purchase of about 82,200 PCOS machines. Each clustered precinct will have a Board of Election Inspectors comprising three regular members and as many support staff as there are precincts in the cluster. A few days before Election Day, there will be a testing and sealing procedure whereby the public will accomplish test ballots, manually count them and then feed the same ballots to the PCOS machines. The print-out of the election returns will be compared to the manual count. Once the public is satisfied with the accuracy, the machine will be turned off and sealed without any network or transmission connection. The public will then be allowed to secure the machines and the polling places. The next time the PCOS machines will be opened will be on Election Day, in the presence of the different watchers and BEI.

C. Kinds of Automated Elections 1. Paper-based election system 2. Direct Recording Electronic (DRE) Paper Based Election System The paper-based election system is defined as 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. It uses the Optical Mark Reader (OMR) Technology. Here, the voters have to shade the oval which corresponds to their candidate of choice using pencil in a specially scanned paper ballot. It is composed of 2 Laptops, 2 Digital Scanners, 2 card readers, 1 hub and 1 printer. The votes in the shaded ballots will then be scanned and counted using an Automated Counting Machine (ACM). Direct Recording Electronic (DRE) The Direct Recording Electronic (DRE) is defined as 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. voters are provided with a Voting Pad where the photos of candidates can be selected by pressing on the desired picture. Once the vote is final, a receipt is generated after pressing BOTO. The Board of Election Inspectors keeps the receipt just in case there are complaints raised. However, DRE Technology can only be deployed in areas where communications is available and reliable. D. Automated Election Process R.A. 9369 serves as the foothold for the 2010 automated elections. It allowed using a technology called Precinct Count Optical Scan (PCOS) which uses electronic technology to tabulate paper ballots. The voters have to shade the oval which corresponds to their candidate of choice using pencil in a specially scanned paper ballot. It is composed of 2 Laptops, 2 Digital Scanners, 2 card readers, 1 hub and 1 printer. The votes in the shaded ballots will then be scanned and counted using an Automated Counting Machine (ACM).

At the start of Election Day, the BEI, in the presence of the public, shall turn on the PCOS machines which shall print a zero report to show that there are no pre-existing votes/ballots in the machine. The ballot box, likewise, will be made of semi-transparent plastic which can clearly show that it is empty but at the same time make the ballots cast unreadable to protect its secrecy. The voters can now proceed to obtain his ballot from the Comelec officer who will verify his identity. Most likely, the list of voters will contain the photo of the voter, for those who already had their data captured in the computerized registration. After filling in the ballots by shading the appropriate oval, the voter will cast the ballot by feeding it to the PCOS machine. The ballot is scanned by the PCOS machine on both sides simultaneously and a scanned image of the ballot is taken by the machine and stored in its memory module. The machine will likewise store a report on how it interpreted the ballot image that was recently scanned. This will be helpful in an eventual audit or manual recount. In case of power failure, the machines are certified to operate on back-up power for at least 12 hours. At the end of Election Day, the BEI will seal and shut down the PCOS machine and will print 8 copies of the election returns. Thereafter, the PCOS will electronically transmit the electronic election return to several servers, namely the Comelec server, municipal server, and the servers for election watchdogs. The electronic transmission, which will take only a few seconds or minutes, will use redundant transmission facilities whether via cable, wireless or satellite technology. Additionally, it will be secured and encrypted using the same standards as what the banks use for wiring money. Hopefully, we will know the results within 48 hours. By the way, Comelec will also be posting the results of the transmission on-line. Thus, the general public may view the results from each precinct or district or province as they come in. E. Similarity to Other Technologies Automated Counting Machine is almost similar to what is used in the National Secondary Aptitude Test (NSAT), formerly the National College Entrance Examination (NCEE), given by the Department of Education (DepEd), and in the Civil Service Commission (CSC) Licensure Examinations and other examinations given by the Professional Regulatory Commission (PRC), wherein the answer sheet is composed of ovals and the oval corresponding to the chosen answer would be shaded by the examinee. The Philippine Charity Sweepstakes Office (PCSO) for its Lotto system, wherein the ovals, corresponding to the numbers being bet upon, are also shaded, employs a similar system. In all these, the answer sheets and the lotto cards are read, or counted, by the OMR. Because of its familiarity, and because it makes use of ballots which is what most Filipinos are familiar to, this system was recommended as the most suitable for the Philippine setting.

F. Problems Shaking the Automated Elections

1. Cost of the machines - The Malacaang's Department of Budget and Management produce the P11.9 billion supplemental budget for this coming election which will be automated. 2. Threats of hacking/Signal jammers - Since January 2010 there have been reports of signal jammers imported from other countries with the purpose of messing with the automated election. Using high-tech means for the election process, its adversaries and those politicians who want to play dirty also make use of high-tech means for their schemes. Known in the whole world is the love bug virus created by a computer science student from the Philippines which destroyed even the most technologically advanced security system of the Pentagon. Furthermore available in the internet are various hackers whom these politicians would want to use. 3. Power disturbances - Long is the line of various plots and schemes to employ electoral fraud and one of these is power disturbances or black-outs. Using machines to count, those who play dirty are afraid they might not be able to do their usual way of cheating. Those people may want to revert back to the old system of counting because this is more prone for electoral frauds. Being machines they use electricity to work. If there is no electricity, there is no automated election; if there is no automated election, manual election will be applied; and if manual election will be applied cheating is easier to be accomplished. 4. Adaptability of Indigent/Illiterate to the technology - Using paper and then computer, those indigent and illiterate people might not be able to cope up with the sudden change of voting. Others may choose not to even vote if they cannot understand what to do with the technology used. 5. Security of votes - Although counting is done by the computer will it be safe or secured? Many are sceptical because computer files are easily affected by computer viruses and malwares. Worse the transmission from computer to computer may be manipulated by those hackers whom politicians can employ.

G. Advantages of Automated Elections

1. Financial Savings - Though automated elections deals with acquiring computer, hence will cost a large amount of money, it can still cut cost in other expenses, i.e. labor cost. Since the computer would do the counting. That means fewer laborers are needed. Normally, automation requires a large up-front investment in hardware and software, as well as expensive training of electoral workers and running educational campaigns for voters. Automated elections guarantees short- and long-term returns that can greatly compensate for the initial investment. 2. Lessening of electoral frauds - With the system using ultra-safe encryption algorithms to store and transmit each vote from the SAES voting machine to the tabulation centers, tampering of votes will be prevented and the integrity of the elections would be higher. 3. Includes an automated Voter Validation System - With the automated election, we will say goodbye to those flying voters and such means a politician may employ to increase his votes by using fictitious names voting for him. The automated election includes voter validation system in which before voting a person is checked if he is really a voter on that precinct and if his picture, name and thumb mark are the same as that of the registered voter. 4. Simple marking of choices is needed - Those illiterate and indigent has more reason to vote because with the automated election a person only needs to mark the politician of his choice and need not to write his name. This not gives advantage to those persons but also to the politician voted for because incorrect of incomplete spelling of their names resulting to votes not counted will not happen. 5. Speedy counting of the votes - The computer to be used has internal tools that can increase speed and efficiency for some important works during the election. Also, using computers would make the election itself faster. Voting manually would consume time for the voters to write name of the candidates, etc. Also, with vast advancement of technology, the machine/ computer has a tool that can count the votes faster and more accurate. Using computers/machines, they would be the one to tally and transmit the votes to the electoral board without human intervention. The automated electoral system mechanisms significantly reduce the chances of errors, because vote counting is based on an internal machine count rather than on individual ballots, which can be tampered with. IV. Automation Law Compared to Existing Election Laws

Based on the facts cited in the first chapters of this study, Automated Election is different from the usual Manual Election. Being different as it is, the legislature deemed it necessary that specific laws regarding automated election and its implementation are imposed. Inevitably, Automation Law will change the customary way of conducting elections. Furthermore, if successfully done on the May 2010 elections, it may reinvent totally the prominent laws regarding election in the Philippines. A. New Rules on Election Introduced by Automation R.A. 9369 which amended R.A. 8436 provides that: 1. Sec. 3 "Board of Election Inspectors. - Where Automated Election System (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." 2. Sec. 5 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 deputized 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." 3. Sec. 7 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 result in the shortest time possible; (h) Accessibility to illiterates and disable 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 function. "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." 4. Sec. 11 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 non performance of the electoral process. Activation of such continuity and contingency measures shall be undertaken in the presence of representatives of political parties and citizen's 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 newspaper 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." 5. Sec. 24 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." 6. Sec. 28 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: xxx "(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; B. Rules Modified from Existing Election Laws 1. Election returns It is expressly stated in Sec. 18 of R.A. 9369 that that apart from the electronically stored result, thirty (30) copies of the election return are printed. This modified the six (6) copies imposed by Sec. 212 of the Omnibus Election Code. The 30 copies are then distributed to the following: 1. City or municipal board of canvassers 2. The congress, directed to the President of the Senate 3. The Comelec 4. The citizen's arm authorized by the Commission to conduct an unofficial count 5. The dominant majority party as determined by the Commission in accordance with law 6. The dominant minority party as determined by the Commission in accordance with law 7. Deposited inside the compartment of the ballot box for valid ballots 8. The Provincial Board of canvassers 9. 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 two accredited major local parties in accordance with a voluntary agreement among them. 11. 4 copies to national broadcast or print media entities as may be equitably determined by the Comelec in view of propagating the copies to the widest extent possible 12. 2 copies local broadcast or print media entities 13. 4 copies to the major citizen's arms, including the accredited citizen's arm, and other non-partisan groups or organization enlisted by the Comelec pursuant to Section 52(k) of Batas Pambansa Blg. 881.

After printing of 30 copies additional copies may be printed at the expense of requesting parties. 2. Certificate of Canvass According to Sec. 21 of R.A. 9369 number or copies of COC and distribution are as follows: 14 copies as against 7 copies stated in Sec. 28 of R.A. 7166 1. To congress , directed to the president of the Senate for use in the canvass of election results for president and vice-president 2. The Comelec for use in the canvass of the election results for senators 3. Kept the chairman of the board 4. 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 To Congress, directed to the President of the Senate 6. Posted on a wall within the premises of the canvassing center; 7. Copies for the dominant majority and minority parties; 8. Two accredited major national parties representing the majority and minority, excluding the dominant majority and minority parties 9. 3 copies to broadcast media entities as may be equitably determined by the Comelec in view of propagating the copies to the widest extent possible 10 Copy for 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. 3. 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 supplement or modified by the provision of this Act, where applicable, by appropriate authentication and certification procedures for electronic signatures as provided in Republic Act No. 8792 as well as the rules promulgated by the Supreme Court. 4. 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 Section 263 and 264 the Omnibus Election Code. 5. Counting to be Public without Interruption This is sec. 35 of R.A. 9369 which amended sec. 206 of the Omnibus Election Code. It added the following: 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 return and other forms prescribed under the 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 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. 6. Congress as the National Board of Canvassers for the Election of President and Vice President This is from sec. 37 of R.A. 9369 which amended sec. 30 of R.A. 7166. Congress and the Commission en banc shall determine the authenticity and due execution of the certificate of canvas 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 member 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 exist no discrepancy in other authentic copies of the document such as statement of votes of any of its supporting document 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 exist no discrepancy in the votes of any candidate in words and figures in the certificates 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. C. Flow Chart of Automated Election
Municipal Canvassin g Center

PRECIN

City Canvassin g Center

Certific ate of Canvas s Proclamation of Municipal Winners After 1 Hour

Electi on Retur n After 1 Hour

Certific ate of Canvas s Proclamation of City Winners After 1 Hour

Proclamati on of District Winners House of Representa tives After 1 Hour

Provinci al Canvass Certific ate of Canvas s Proclamation of Provincial Winners

District Canvassi ng Certific ate of Canvas s

National Canvassing Center for Certific ate of Canvas s Proclamation of Winners for Senate & Party List

Congress as National Canvassing

V. Conclusion

Proclam ation of Winners for Presiden t & Vice Presiden t

Accumulati on of all votes for President &V.P.

In comparing the Automation Law with the existing Election Laws and also the Manual with Automated Election System I found out that because of the automation of election the old system has drastically changed. Our method of election has seen light of modernization which has its advantages and problems. The only problem that I see in automated election is that it has never been done here in the Philippines. That is why a bunch of sceptics are afraid. If I may also add, some politicians are also afraid of it, maybe because it is not in their comfort zone of cheating. How can the Philippines deal with its problem if its leaders are afraid of using means other than their old, rusting and rotten ideas? As one of the Justices of the Supreme Court had pointed out when faced with using modern means for better protection of justice Why are we afraid to let go and go down from our dead and lifeless horse when it leads us nowhere but stay at the brink of decay and stagnation? Automation laws have adapted some of the modern means of election. It did not totally depart from the former procedures and ways of manual election. The only difference is that machines will count for us. The Comelec employs persons imbued with skills in the computers, machines and satellite connections. And the time for proclamation of winners is greatly reduced from an hour to 2 days unlike our former system that can lead to almost 2 months. As all may see, every government needs laws to give them fangs to bite those who would mess with the new system. Claws that can scratch the ambitions of those who want to continue their loathsome way of using the government for their own benefit. Eyes that could foresee the future needs of our country; and Strength that could protect its people from the ghosts of its past and the trials of its present times. The automation law may be the glimmering light we see in this dark and chaotic way of election in our country. It does not mean that it is the perfect solution but it is the start of a new journey for the Philippine Elections. If we continue to trail this glimmering light who knows maybe the door to a new era of election will open and finally put to rest this age old electoral system teaming with dirty tactics, violence and fraudulent means.

VI. References 1. Modernization of the Electoral Process. July 22, 2009.

2. Republic Act No. 9369 (Philippine Poll Automation Law). 3. Batas Pambansa Blg. 881 (Omnibus Election Code of the Philippines). 4. 1987 Philippine Constitution. 5.http://philippines.suite101.com/article.cfm/computerized_elections_in_the_philippines#ixzz0f6 gLHEgt 6. http://iskwiki.upd.edu.ph/index.php/Online/Automated_Elections_in_the_Philippines 7. http://hubpages.com/hub/Automated-Election-Are-we-ready 8. http://www.senate.gov.ph/press_release/2006/1108_gordon1.asp 9.http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20090306-192592/All-go-forautomated-elections-in-2010 10. http://www.smartmatic.com/index.php?id=60&tx_ttnews[tt_news]=40&cHash=cf9595131f 11. http://www.everyjoe.com/thegadgetblog/2010-automated-elections-in-the-philippines/ 12.http://www.manilatimes.net/index.php/top-stories/8966-first-big-test-of-2010-automatedelections 13.http://newsinfo.inquirer.net/breakingnews/nation/view/20100127-249765/Firm-reportssuccessful-field-testing-of-poll-machines 14.http://ezinearticles.com/?2010-Automated-Election---A-Vision-of-the-Philippines-FightAgainst-Corruption&id=3655618 15. http://synthesistblog.com/2010-automated-elections-managing-the-change-171-0/ 16. http://www.betterphilippines.com/voters-education/hacking-the-automation-election-system/ 17. http://www.botomoto.com/think-about-it/automated-elections-fears/ 18. Republic Act 8189 (Voters Registration Act of 1996) 19. Republic Act 9189 (Absentee voting of 2003) 20. Republic Act 6679 of 1989 21. Republic Act 7166, sec. 23, 25 22. Republic Act 6686, sec. 18 23. Republic Act 8173, sec. 27

A Comparative Analysis on Automation Law With Existing Election Laws

Submitted by: Prince Joyous Lising

Submitted to: Atty. Galang

Table of Contents

I. Introduction II. Manual Election System A. Legal History B. Manual Election Process C. Problems Encountered with Manual Election D. Advantages Realized with Manual Election III. Automated Election System A. Legal History B. Definition and Description C. Kinds of Automated Elections D. Automated Election Process E. Similarity to Other Technologies F. Problems Shaking the Automated Elections IV. Automation Law Compared to Existing Election Laws A. New Rules on Election Introduced by Automation B. Rules Modified from Existing Laws. C. Flow Chart of Automated Election V. Conclusion VI. References