Article 73p. 73

OMNIBUS ELECTION CODE ELECTION LAWS, RULES AND PROCEDURES

of the certificate of canvass, the pertinent election returns

shall be attached thereto, where appropriate.

Immediately after the six copy and its supporting

statement of votes are printed, the chairman of the board

of canvassers shall announce the posting of said prints on

a wall within the premises of the canvassing center,

which must be sufficiently lighted and accessible to the

public. Any person may view or capture an image of the

Certificate of Canvass or the supporting statement of

votes by means of any data capturing device such as, but

not limited to, cameras at any time of the day for

forty-eight (48) hours following the posting. After such

period, the chairman of the board of canvassers shall

detach the election return from the wall and keep the

same in his custody to be produced as may be requested

by any voter for image or data capturing or for any lawful

purpose as may be ordered by competent authority. (22a)

(as amended by RA No 9369)

Section

27.

National

Board

of

Canvassers

for

Senators

and

Party-List

Representatives .

—

The

chairman and members of the Commission on Election

sitting en banc , shall compose the national board of

canvassers for senators and party-list representatives. It

shall canvass the results by consolidating the certificates

of

canvass

electronically

transmitted.

Thereafter,

the

national board shall proclaim the winning candidates for

senators

and

party-list

representatives.

(23a)

(as

amended by RA No 9369)

Section 28. Congress as the National Board of

Canvassers for President and Vice-President . — The

Senate and the House of Representatives in joint public

session shall compose the national board of canvassers

for

president

and

vice-president.

The

certificate

of

canvass for president and vice-president duly certified by

the board of canvassers of each province or city, shall be

electronically transmitted to the Congress, directed to the

president of the Senate. Upon receipt of the certificates of

canvass, the President of the Senate shall, not later than

thirty (30) days after the day of the election, open all the

certificates in the presence of the Senate and the House

of

representatives

in

joint

public

session

and

the

Congress upon determination of the authenticity and the

due execution thereof in the manner provided by law,

canvass all the results for president and vice-president

and thereafter, proclaim the winning candidates. (24a)

(as amended by RA No 9369)

Section 29. Random Manual Audit . — Where the

AES is used, there shall be a random manual audit in one

precinct per congressional district randomly chosen by

the Commission in each province and city. Any difference

between the automated and manual count will result in

the determination of root cause and initiate a manual

count for those precincts affected by the computer or

procedural error. (as created by RA No 9369)

Section

30.

Authentication

of

Electronically

Transmitted

Election

Results .

—

The

manner

of

determining the authenticity and due execution of the

certificates shall conform with the provisions of Republic

Act No. 7166 as may be 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 pursuant

thereto. (as created by RA No 9369)

Section 31. Stakeholder education and training . —

The Commission shall, not later than six months before

the actual automated election exercise, undertake a

widespread stakeholder education and training program,

through

newspaper

of

general

circulation,

radio,

television and other media forms, as well as through

seminars, symposia, fora and other nontraditional means,

to educate the public and fully inform the electorate

about the AES and inculcate values on honest, peaceful,

orderly and informed elections.

Such

program

shall

ensure the acceptance and

readiness of the following stakeholders to understand

and appreciate the benefits of the AES:

1. General public/voters;

2. Commission's staff;

3. Department of Education, Department of Finance

(municipal, city and provincial treasurers) and all other

government agencies who will play a role in the electoral

exercise;

4. Local government officials (provincial, municipal,

barangay levels);

5. Incumbent elected officials in the legislative and

executive departments;

6. Political parties and candidates;

7. Members of the military and police.

The general public or voters training will focus on

building the capability to use the automated system to

cast their vote, as well as general appreciation of the AES.

All

other

stakeholders mentioned above will receive

additional

information

in

order

to

build

a

deeper

understanding

of

the

voting,

counting,

canvassing

procedures, so that they may act as advocates of he AES.

The Commission together with and in support of

accredited citizens' arms shall carry out a continuing and

systematic

campaign

through newspaper of general

circulation, radio and other media forms, as well as

through

seminars,

symposia,

fora

and

other

nontraditional means to educate the public and fully

inform the electorate about the AES and inculcate values

on

honest,

peaceful

and

orderly

election.

(25a)

(as

amended by RA No 9369)

Section 32. 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

implementation of the System.

The Commission shall take immediate steps as may

be

necessary

for

the

acquisition,

installation,

administration, storage, and maintenance of equipment

and devices, and to promulgate the necessary rules and

regulations for the effective implementation of this Act.

(26a)

Section

33.

Joint

Congressional

Oversight

Committee .

—

An

Oversight Committee is hereby

created composed of seven members each from the

Senate and the House of Representatives, four of whom

shall

come

from

the

majority

and

three

from the

minority, to monitor and evaluate the implementation of

this Act. A written report to the Senate and the House of

Representatives

shall

be

submitted

by the Advisory

Council within six months from the date of election. The

oversight committee shall conduct a mandatory review of

this Act every twelve (12) months from the date of the last

regular national or local elections.

The

oversight

committee

shall

conduct

a

comprehensive

assessment

and

evaluation

of

the

performance

of

the

different

AES

technologies

implemented

and

shall

make

appropriate

recommendations to Congress, in session assembled,

specifically including the following:

1. An assessment and comparison of each of the AES

technologies utilized, including their strengths, weakness,

applicability

or

inapplicability

in

specific

areas

and

situations;

2.

An

evaluation

of

their

accuracy

through

a

comparison of a random sample of the AES election

results with a manual tabulation, and the conduct of

similar tests;

3. As to the scope of AES implementation in the

subsequent elections, provide for recommendations as to

whether any of the following should be adopted:

© Compiled by RGL

73 of 73