Article 68p. 68

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

Council from among the list of nominees submitted by

Philippines-based

ICT

professional

organization.

Nominees shall be individuals, at least one of whom shall

be experience in managing or implementing large-scale

IT projects.

(f)

Two

members

representing

nongovernmental

electoral reform organizations, to be selected by the chair

of the Advisory Council from among the list of nominees

submitted by the country's nongovernmental electoral

reform organizations.

A person who is affiliated with any political party or

candidate for any national position, or is related to a

candidate

for

any

national

position

by

affinity

or

consanguinity within the fourth civil degree, shall not be

eligible for appointment or designation to the Advisory

Council. Should any such situation arise at any time

during the incumbency of a member, the designation or

appointment

of

that

member,

shall

ipso

facto

be

terminated.

Any member of the advisory council is prohibited

from engaging, directly or indirectly, with any entity that

advocates, markets, imports, produces or in any manner

handles software, hardware or any equipment that may

be used for election purposes for personal gain.

Any

violation

of

the

two

immediate

preceding

paragraphs

shall

disqualify

said

member

from

the

Advisory Council and shall be punishable as provided in

this Act and shall be penalized in accordance with the

Anti-Graft and Corrupt Practices Act and other related

laws.

The council may avail itself of the expertise and

services

of

resource

person

who

are

known

independence, competence and probity, are nonpartisan,

and do not possess any of the disqualifications applicable

to a member of the Advisory Council as provided herein.

The resource persons shall also be subject to the same

prohibitions

and

penalties

as

the

members

of

the

Advisory Council.

The

commission

on

information

and

communications technology (CICT), shall include in its

annual appropriation the funds necessary to enable the

council to effectively perform its functions. (as created by

RA No 9369)

Section 9. Function of the Advisory Council . — the

Council shall have the following functions:

1.

Recommend

the

most

appropriate,

secure,

applicable and cost-effective technology to be applied in

the AES, in whole or in part, at that specific form in time.

2. Participate as non-voting members of the Bids and

Awards Committee in the conduct of the bidding process

for

the

AES.

Members

of

the

Advisory

Council

representing

the

ICT

Professionals

organizations

are

hereby excluded from participating in any manner in the

Bids and Awards Committee.

3. Participate as non-voting members of the steering

committee tasked with the implementation of the AES,

Members of the Advisory Council representing the ICT

professional

organization

are

hereby

excluded

from

participating in any manner in the steering committee.

4. Provide advice and assistance in the review of the

systems

planning,

inception,

development,

testing,

operationalization, and evaluation stages.

5.

Provided

advice

and/or

assistance

in

the

identification,

assessment

and

resolution

of systems

problems or inadequacies as may surface or resurface in

the

course

of

the

bidding,

acquisition,

testing,

operationalization, re-use, storage or disposition of the

AES equipment and/or resources as the case may be.

6.

Provided

advice

and/or

assistance in the risk

management of the AES especially when a contingency

or disaster situation arises.

7. Prepare and submit a written report, which shall be

submitted

within

six months from the date of the

election to the oversight committee, evaluating the use of

the AES.

Nothing in the role of the Council or any outside

intervention

or

influence

shall

be

construed

as

an

abdication or diminution of the Commission's authority

and

responsibility

for

the

effective

development,

management and implementation of the AES and this

Act.

The Advisory Council shall be entitled to a just and

reasonable

amount

of

per

diem

allowances

and/or

honoraria to cover the expenses of the services rendered

chargeable against the budget of the Commission.

(as

created by RA No 9369)

Section 10. The Technical Evaluation Committee . —

The Commission, in collaboration with the chairman of

the Advisory Council, shall establish an independent

technical evaluation committee, herein known as the

Committee, composed of a representative each from the

Commission,

the

Commission

on

Information

and

Communications Technology and the Department of

Science and Technology who shall act as chairman of the

Committee.

The

Committee

shall

be

immediately

convened

within ten (10) days after the effectivity of this Act.

(as

created by RA No 9369)

Section 11. Functions of the Technical Evaluation

Committee . — The Committee shall certify, through an

established international certification entity to be chosen

by the Commission from the recommendations of the

Advisory Council, not later than three months before the

date of the electoral exercises, categorically stating that

the

AES,

including

its

hardware

and

software

components,

is

operating

properly,

securely,

and

accurately, in accordance with the provisions of this Act

based, among others, on the following documented

results:

1. The successful conduct of a field testing process

followed by a mock election event in one or more

cities/municipalities;

2. The successful completion of audit on the accuracy,

functionally and security controls of the AES software;

3. The successful completion of a source code review;

4. A certification that the source code is kept in

escrow with the Bangko Sentral ng Pilipinas ;

5. A certification that the source code reviewed is one

and the same as that used by the equipment; and

6.

The

development,

provisioning,

and

operationalization of a continuity plan to cover risks to the

AES at all points in the process such that a failure of

elections, whether at voting, counting or consolidation,

may be avoided.

For purposes of the 2007 elections, the certification

shall be done not later than eight weeks prior to the date

of the elections.

If the Commission decides to proceed with the use of

the AES without the Committee's certification, it must

submit its reason in writing, to the Oversight Committee,

no less than thirty (30) days prior to the electoral exercise

where the AES will be used.

The Committee may avail itself of the expertise and

service

of

resource

persons

who

are

of

known

independence, competence and probity, are no partisan,

and who do not possess any of the disqualification

applicable to a member of the Advisory Council as

provided

herein. The resource persons shall also be

subject to the same prohibitions and penalties as the

members of the Advisory Council.

The Committee shall closely coordinate with the

steering committee of the Commission tasked with the

implementation of the AES in the identification and

agreement of the project deliverables and timelines, and

in the formulation of the acceptance criteria for each

deliverable. (as created by RA No 9369)

© Compiled by RGL

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