Section 28January 23, 2007, Sec./Art. 28

Section 29 of Republic Act No. 8436 is hereby amended to read as follows:

"SEC. 35. 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:

"(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 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;

"(d) Refusal of the citizens' arm to present for perusal its copy of election return to the board of canvassers;

"(e) Presentation by the citizens' arm of tampered or spurious election returns;

"(f) Refusal or failure to provide the dominant majority and dominant minority parties or the citizens'' arm their copy of election returns; and

"(g) The failure to post the voters' list within the specified time, duration and in the designated location shall constitute an election offense on the part the election officer concerned."

"Any person convicted for violation of this Act, except those convicted of the crime of electoral sabotage, shall be penalized with imprisonment of eight years and one day to twelve (12) years without possibility of parole, and perpetual disqualification to hold public office and deprivation of the right of suffrage. Moreover, the offender shall be perpetually disqualified to hold any non-elective public office."