WHITE PAPER

A SOCIAL EXPERIMENT
Citizen engagement
weaponized to end vote-buying
(COMELEC as choice architect)

A BEHAVIORAL ECONOMICS APPROACH

(LOSS AVERSION, NUDGING THEORY,
SOCIAL PROOF HEURISTICS)

by Leandro B. Verceles Jr., LLB, MPA

There can never be free and honest elections

for as long as there is vote-buying.

Two facets of corruption

in Philippine elections__
The corruption of Philippine elections can be divided into two facets. The
second facet is the miscounting of the votes, which, presumably has been
largely curbed by automated polls. But there is still the first facet, the
occurrence of vote-buying, which would seem impossible to end, that is,
if we think inside-the-box. The White Paper has to do with the first facet
and thinking outside-the-box.

Please also see Annex A herein that proposes a swifter revelation of election results, which will
instill higher confidence that the elections are honest and fair.

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Prosecution - a curative approach - of vote-buying are relegated to dead laws. It is also a very
expensive exercise. Since when were there successful prosecutions against the givers and
receivers of vote-buying of sufficient instances. You can’t really go after the tens of millions of
voters who receive money every election nor can you find willing witnesses of vote-buying, so
we can just forget this avenue for state relief - it’s effectively a dead end.

Vote-buying is the core pandemic of our democratic society. It shreds the very fabric of our
democracy. There is no real democracy for as long as the will of the people is frustrated because
of vote-buying.

Though an election may be claimed by COMELEC as orderly, it cannot claim that the election is
free and honest because of rampant vote-buying, already penetrating every sitio in the country.

The notorious last hour

The last hour is when money is distributed to voters to influence them to vote for certain
candidates, which is usually conducted on the eve of the election or several days before. By
citizen engagement weaponized as will be explained below, the approach’s aim is to render the
last hour a futile exercise that is best excluded in the campaign strategy of candidates.

It will be a reasonable economic decision made by candidates not buy votes if the risk is too high
for the election to be cancelled on the day scheduled and just to be repeated the next Sunday
and possibly again the next succeeding Sunday. Last hour money loses persuasion in the minds
of voters if the objective is not operated inside of a week from said distribution.

Citizen engagement weaponized

Monied candidates and incumbents will probably hate this initiative. It is only because they have
the money to buy votes that they feel they have the edge to win their immediate elections.

Here below is a thinking-out-of-the-box that may end

vote-buying - a preventive approach. The approach
draws on behavioral economics, more specifically,
loss aversion, nudging theory, and social proof
heuristics, as its success optimizes on typical human
behavior when making economic decisions. The
approach weaponizes citizen engagement because
the voters themselves dictate whether the election
will be held or not per the schedule. This is direct
democracy in purest form and in real time.

Notably, the approach is also very inexpensive contrast to the curative approach.

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The behavioral economics approach starts with a proposition proffered to the voter. At the last
portion of the official ballot is a proposition to be answered by the voter:

For cause, I ask the COMELEC to postpone this election for local positions
including the position of congressman and hold the election on the next
possible Sunday. Furthermore, I hereby acknowledge notice of any hearing
on the matter by way of radio, television, or any other form of media
broadcast or social media issued by the COMELEC and/or its duly authorized
representative.
8 8
YES NO

The proposition should also be stated in Pilipino.

Para sa dahilan, hiniling ko sa COMELEC na ipagpaliban ang halalang ito

para sa mga lokal na posisyon kabilang ang posisyon ng kongresista at
magsagawa ang halalan sa susunod na posibleng Linggo. Karagdagan
pa, kinikilala ko ang paunawa ng anumang pagdinig sa bagay na ito sa
pamamagitan ng radyo, telebisyon, o anumang iba pang anyo ng media
broadcast o social media na inisyu ng COMELEC at / o ang nararapat na
kinatawan.
8 8
OO HINDI

Behavioral economics and the concept of loss

aversion by optimizing on typical market behavior;
voters will typically want to postpone and repeat
an election to draw more money from candidates

The fact is the more the candidates throw money to the voters in exchange for their votes, the
more the latter will want to repeat the election to draw more money from the candidates - an
economic decision. While this is market behavior because of the people’s impoverish state - sadly
the currently reality, it can also be the strongest weapon available to end to voting-buying once
and for all on a universal scale.

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The approach falls under the discipline of behavioral
economics, more specifically, the concept of loss
aversion. Behavioral economics studies the effects
of psychological, cognitive, emotional, cultural, and
social factors on the economic decisions of
individuals and institutions and how those decisions
vary from those implied by classical theory.

Under the science, people feel the pain of a loss

twice as much as they feel the pleasure of a gain.
People inherently do not like to lose.

Under the current election situation in the country wherein the risk is very low of a candidate
being incarcerated for vote-buying due to poor prosecution of our election laws vis a vis the
pleasure of winning an election, candidates eventually undertake to go for all-out vote-buying
unabated. But faced with a situation wherein the risk of losing money is high because the election
can easily be postponed if the set percentage of those who voted suddenly decide they want to
have another election and this can go on and on, week after week, the candidate being loss
aversive will decide to keep his money and not buy votes. It will not be worth all the risk because
of a now higher uncertainty of winning the election even when the candidate has already bought
votes, and only to have the election postponed and repeated as often as needed and until the
voters determine otherwise.

Nudging theory

The approach also aligns itself with nudging theory, which draws again on behavioral economics.
In 2008, Richard Thaler and Cass Sunstein in their book Nudge: Improving Decisions About Health,
Wealth, and Happiness referred to nudging as influencing behavior without coercion as
libertarian paternalism and the influencers as choice architects. Thaler and Sunstein defined their
concept as:

“A nudge, as we will use the term, is any aspect of the choice infrastructure that
alters people’s behavior in a predictable way without forbidding any options or
significantly changing their economic incentives. To count as a mere nudge, the
intervention must be easy and cheap to avoid. Nudges are not mandates (e.g.,
laws or regulations). Putting fruit at eye level (e.g., on a supermarket shelf) counts
as a nudge. Banning (e.g., by law) junk food does not.” (Underscoring and
parenthetically phrases supplied; www.en.m.wikipedia.org citing Andrew
Sparrow (2008-08-22). ‘Speak ‘Nudge’: The 10 key phrases from David Cameron’s
favorite book’. London: The Guardian, Retrieved 2009-09-09; Carrasco-Villanueva,
Marco (2017-10-18). ‘Richard Thaler y el auge de la Economia Conductual’ Lucidez
(in Spanish). Retrieved 2018-10-31.)

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Social proof heuristics

Nudging is generally applied to influence behavior, more specifically, it is a technique of social

proof heuristics. A social proof heuristic refers to the tendency for individuals to look at the
behavior of other people to help guide their own behavior (www.en.m.wikipedia.org citing
Cheung, T.; Kroese, F.; Fennis, B.; de Ridder, D. (2017). “The Hunger games: using hunger to
promote healthy choices in self-control conflicts”. Appetit. 116: 401-409.
doi:10.1016/j.appet.2017.05.020).

We may find success in using social proof heuristics to nudge candidates not to vote-buy because
of the potential behavior of their voters to just repeat the election by affirming YES in the ballot
proposition.

Behavioral economics
approach levels the playing field

This behavioral economics approach levels the playing field by giving fairer opportunity to the
poorer candidates. Poor candidates do not have money to buy votes. Easily, a few millions to as
high as a few hundred million pesos are spent by a single local candidate just to buy votes and
win an election. The poorer but popular candidate will only have to wait for the money of the
richer candidates to run out, then there will be a new election to take place with all candidates
now on the same level field.

Naturally, candidates will innovate and pivot for new schemes to try to achieve new advantages.
So instead of outright vote-buying, they might just undertake scheme free snacks, more
propaganda gadgets, events and other entertainment, and others that do not have much
monetary value and would diminish voters’ desire to affirm YES on their ballot for a repeated
election. And at least, the corruption of vote-buying is significantly lessened.

The lesser evil; the new normal

Even if only a now smaller percentage of voters will go back to the polling booths from a
postponed election the previous week, that will be acceptable, a lesser evil because at least the
integrity of the elections will have been preserved. And this will only be a temporary setback. In
time, voters will get accustomed to the absence of vote-buying and ushering in will be the new
normal - now with free choice to vote for their candidates and no longer persuaded by money.

Relatedly, the risk is extremely low of a voter being incarcerated for selling his vote. If voters do
go to jail for selling their votes, these cases are only a few because our election laws curative in
nature miserably fail in eradicating the social cancer. Therefore feeling a low pain of a loss, i.e.,
not being imprisoned because in the voters’ experiences no one really goes to jail for selling one’s
vote and all voters are doing this anyway, voters will naturally entertain the pleasure of a gain,
i.e., they will readily sell their votes for monetary consideration.

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Expensive and confusion
only at first, will subside

Admittedly, there will probably be confusion in this preventive approach (as in any novel idea)
and it may be expensive for the government during the first few postponed elections. But the
confusion and high public expense should progressively subside. Things will settle down and the
candidates will eventually realize the futility in buying votes and that they should just spend their
money in making a good campaign.

It may be all worth it for COMELC to consider the instant behavioral

economic approach. We will see for the first time in our history the
emergence of local elections honest and free from vote-buying.
Democracy in all its hope and idealism will finally reign supreme,
but only if we protect the local election process. That’s
fundamental.

COMELEC as choice architect

By COMELEC, as choice architect in the concept of Thaler and Sunstein, supra, undertaking the
above approach, candidates will eventually be discouraged to buy votes as voters already
experienced with selling their votes will always want another election to extract more money
from the candidates. So voters will most likely vote YES. And it is believed that once money for
vote buying is no longer distributed by all the candidates, voters will ultimately decide to call it
quits. So if the YES votes generated becomes less than the set percentage threshold of those who
voted by the collective sovereign action of the people themselves, the election will no longer be
postponed and the results of that last and most recent election will then be the final count.
Notably, the process is obtainable only if all the automated counting machines at the precincts,
or cluster precincts in a barangay are online and networked through the central server.

In conformity with existing law

The ballot proposition above-mentioned finds conformity with Sec. 5 of the Omnibus Election
Code (OEC):

“Sec. 5. Postponement of election. - When for x x x causes of such a nature that

the holding of a free x x x and honest election should become impossible in any
political subdivision, the Commission, motu proprio or upon a verified petition by
any interested party, and after due notice and hearing, whereby all interested
parties are afforded equal opportunity to be heard, shall postpone the election
therein to a date which should be reasonably close to the date of the election not
held, suspended or which resulted in a failure to elect but not later than thirty
days after the cessation of the cause for such postponement or suspension of the
election or failure to elect.” (emphasis supplied)

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This is an easier remedy to similar cases (presumably to
include fraud due to vote-buying) and failure of election
due to fraud, i.e., massive vote-buying, which is also
addressed in another part of said Sec. 5 and Sec. 6 OEC
(Failure of Election), respectively, the three remedies
obviate free and honest elections. But unlike said other
part of Sec. 5 and Sec. 6, COMELEC under the first part of
Sec. 5 can act on its own, motu proprio, to postpone an
election for cause without the need of a verified petition
from an interested party. A verified petition, which we would want to avoid being too
cumbersome and unrealistic in obtaining state relief on a universal scale, is apparently required
if action based on the other part of Sec. 5 or Sec. 6 OEC is undertaken.

For convenience, Sec. 6 OEC reads:

“Sec. 6. Failure of election. - If, on account of force majeure, violence, terrorism,

fraud, or other analogous causes the election in any polling place has not been
held on the date fixed, or had been suspended before the hour fixed by law for
the closing of the voting, or after the voting and during the preparation and the
transmission of the election returns or in the custody or canvass thereof, such
election results in a failure to elect, and in any of such cases the failure or
suspension of election would affect the result of the election, the Commission
shall, on the basis of a verified petition by any interested party and after due
notice and hearing, call for the holding or continuation of the election not held,
suspended or which resulted in a failure to elect on a date reasonably close to the
date of the election not held, suspended or which resulted in a failure to elect but
not later than thirty days after the cessation of the cause of such postponement
or suspension of the election or failure to elect.” (emphasis supplied)

No need for a new law

There appears no need to go to congress to enact new legislation as regards the implementation
of the instant matter. Seemingly sufficient are current laws on automated elections, particularly
that COMELEC can act moto propio to postpone and repeat elections (Section 5 of the OEC) and
that automated counting machines are now couched generically to embrace touch screen VCMs
(Section 2(1) or RA 9369) and a wider definition of the official ballot (Sections 2(3) and 13 of RA
9369), expounded by current and future implementing rules and regulations, and resolutions of
COMELEC.

There is also Secs. 52c, and 53(3), 2nd paragraph, of the OEC and COMELEC exercising its plenary
powers over all public elections are sufficient.

Notably, COMELEC also exercises plenary powers by the 1987 Philippine Constitution under
Article IX (C) Sec. 2(3):

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 “ARTICLE IX
C. THE COMMISSION ON ELECTIONS

xxx

Sec. 2. The Commission on Elections shall exercise the following powers and
functions:

(1) Enforce and administer all laws and regulations relative to the conduct of an
election, plebiscite, initiative, referendum, and recall.

xxx

(3) Decide, except those involving the right to vote, all questions affecting
elections, including determination of the number and location of polling places,
appointment of election officials and inspectors, and registration of voters.”
(emphasis supplied)

Percentage requirement to postpone

an election on a per barangay basis

For all local positions including that of congressman, if a majority 50%

+1 of those who voted in precincts covered in a barangay affirms YES
in the ballot proposition, COMELEC by its plenary power over
elections guided by Sec. 5 of the OEC, supra, can postpone the
election for all said local positions including that of congressman in
the barangay(s) affected and hold an election anew thereat on the
next possible Sunday. Notably, the election results for national positions and partylist will not be
scrutinized for now but COMELEC may declare that for national positions, most especially that of
partylist, if their elections have also been compromised, their positions may be embraced in the
ballot proposition in future elections.

Sec. 5 of the OEC is silent as to whether an election can be postponed if a majority of those who
voted want the same and hold a new election. The percentage threshold basis of a postponement
of an election is therefore left at the moto proprio discretion and wisdom of COMELEC. If majority
50% + 1 threshold is too high and it does not instill enough fear and anxiety on candidates to not
buy votes, COMELEC can lower the percentage threshold to 40%. Or the agency can set the
threshold at 30% to simulate the requirement in Sec. 45 of the OEC below (percentage of those
who voted not of registered voters), or go even lower. Whatever it takes to achieve the objective.

Please note that setting a percentage threshold to hold a new election is not an entirely new
concept. It has precedence in the postponement of barangay elections. Thus:

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 “Sec. 45. Postponement or failure of election. - When for any serious cause such
as violence, terrorism, loss or destruction of election paraphernalia or records,
force majeure, and other analogous causes of such nature that the holding of a
free, orderly and honest election should become impossible in any barangay, the
Commission, upon a verified petition of an interested party and after due notice
and hearing at which the interested parties are given equal opportunity to be
heard, shall postpone the election therein for such time as it may deem necessary.
If, on account of force majeure, violence, terrorism, fraud or other analogous
causes, the election in any barangay has not been held on the date herein fixed or
has been suspended before the hour fixed by law for the closing of the voting
therein and such failure or suspension of election would affect the result of the
election, the Commission, on the basis of a verified petition of an interested party,
and after due notice and hearing, at which the interested parties are given equal
opportunity to be heard shall call for the holding or continuation of the election
within thirty days after it shall have verified and found that the cause or causes
for which the election has been postponed or suspended have ceased to exist or
upon petition of at least thirty percent of the registered voters in the barangay
concerned. When the conditions in these areas warrant, upon verification by the
Commission, or upon petition of at least thirty percent of the registered voters in
the barangay concerned, it shall order the holding of the barangay election which
was postponed or suspended.” (emphasis supplied)

The concept of a percentage threshold may be borrowed to hold a new

election in any political subdivision. In reiteration, we think COMELEC
has sufficient plenary power, not by Sec. 45 but by Sec. 5 of the OEC,
supra, to moto proprio postpone an election for cause if a set
percentage of those who voted in a political subdivision will ask the
same in their ballots.

The operative word is moto proprio under Sec. 5 of OEC, supra. As such, COMELEC can effectively
postpone election for “causes of such a nature that the holding of a free x x x and honest election
should become impossible in any political subdivision” (emphasis supplied). Obviously, the cause
among other causes is vote-buying. But the cause can also be any reason objectified by the voters
in their minds as reflected in the first words of the proposition “For cause, x x x” (emphasis
supplied). The latter works.

The law is also not specific as to the causes that would obviate the holding of a free and honest
election in a political subdivision and to justify a postponement of the election. The COMELEC
can take guidance from the voters in the exercise of its plenary powers. Determining a percentage
threshold is COMELEC also exercising its plenary powers to implement Sec. 5 of OEC.

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Percentage threshold

The set percentage threshold will discourage candidates from even thinking of buying voters for
the latter not to the shade the YES circle, should that become a campaign tactic of the former to
avoid a repeated election. The increase in risk of a local election being postponed and repeated,
and in the process the local
candidates losing their money
should they decide to buy votes in
that election, would likely be non-
linearly proportional to changes in
the threshold percentage.

Participation of COMELEC
accredited watch groups

More particularly, PPCRV, NAMFREL, and other COMELEC accredited election watch groups in a
verified petition to the COMELEC that according to their field reports and records vote-buying
still transpires in barangays may compel the election body to lower the threshold for the repeated
next week election and subsequent elections in said barangays until such time vote-buying is
finally eradicated thereat.

Summary hearings

A summary hearing required by law may then be conducted by the

provincial, city, or municipal board of canvassers sitting as a special
body for this purpose pursuant to a delegated authority from
COMELEC allowed under Sec. 53(3), 2nd paragraph, OEC.

As afforded in the proposition, due notice of the hearing is sufficient

if broadcast over the local radio by the local COMELEC once the tallied
results to the question are obtained, that is a few hours after the close of voting. And an
interested party may be any registered voter in the political subdivision who can participate in
the hearing with or without the assistance of a lawyer - simple enough. The hearing will be
summary.

Only a special board of canvassers’ decision not to postpone the election the set percentage
threshold of tallied votes having been attained or a decision to postpone the election said set
percentage threshold of tallied votes not having been attained may be appealable to COMELEC
en banc, transmitted the fast way possible by email, fax, social media or online/mobile
communications. Otherwise the decision of the special body in the case of postponing the
election the set percentage threshold of tallied votes having been attained shall immediately be
executory.

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The election is undertaken every Sunday and postponed each time until the YES votes generate
less than the set percentage threshold of those who voted in the political subdivision in the
election anew. The number of NO votes, or abstain votes, generated will have no bearing in
determining whether a postponed election should be held again on the new date.

The postponement of elections can be segmented on a barangay to barangay basis for municipal,
provincial, and congressional candidates. And if barangay elections, of course the whole barangay
will be affected.

Immediate proclamations
of candidates not affected
by postponement of election

As a suggested COMELEC resolution, there may be immediate proclamations of winning

municipal, provincial, and congressional candidates without having to secure further permission
from the body if the results of a postponement in a particular barangay will not affect the overall
results of said winning municipal, provincial, or congressional candidates.

Change to internet enabled automated

touch screen vote counting machines
(“VCMs”) with paper official ballots ___

Having to undertake a new election the succeeding Sunday or

every Sunday thereafter in the case of a failure of election due to
vote-buying need not be a logistical nightmare; that’s if internet
enabled touch screen automated
VCMs are utilized. And indelible ink
will not be needed anymore and
precinct print paraphernalia
because fingerprint biometrics can
be adopted during the voting
proper. An e-election cards can also
be provided each voter.

Repeated election each

week easily obtaining

Thus, a repeat election each week if necessary is easily obtaining. Note also that the national
election process or the president, vice president, and senators will be completed during the first
weekly run unperturbed.

Most importantly, a touch screen internet enabled automated touch screen VCMs can facilitate
week after week, if necessary, election exercises until such time there will be no more vote-

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buying, which then will not require another repeated election. And even in a repeated election
in the locality, there will be no need of a new set of the current standard paper official ballots
and precinct print paraphernalia thus avoiding a logistical nightmare. The only item need to be
replenished will be replacement paper rolls partaking the official paper ballots, which are
logistically expedient and cheap.

Internet enabled automated touch

screen VCMs to comply with the
requirements of the law and COMELEC

The contemplated automated touch screen VCMs that are internet enabled can comply with the
requirements of COMELEC under RA 8436 and as amended by RA 9369 on automated elections
for national and local elections, the pertinent portions of which read as follows:

“SEC. 2. Section 2 of Republic Act No. 8436 is hereby amended to read as follows:

‘SEC. 2. Definition of Terms. - As used in this Act, the following terms shall
mean:

‘1. Automated election system, hereinafter to as AES - a system using

appropriate technology which has been demonstrated in the voting, counting,
consolidating, canvassing, and transmission of election result, and other
electoral process;

xxx

‘3. Official ballot - where AES is utilized, refers to the paper ballot, whether
printed or generated by the technology applied, that faithfully captures or
represents the votes cast by a voter recorded or to be recorded in electronic
form;” (emphasis supplied)

The automated touch screen VCMs and the paper official ballots in this Paper are authorized
under Section 2 of RA 9369.

And also authorized further Section 13 of RA 9369:

“SEC. 13. Section 11 of republic Act No. 8436 is hereby amended to read as follows:

‘SEC.15. Official Ballot. - The Commission shall prescribe the format of the
electronic display and/or the size and form of the official ballot, which shall
contain the titles of the position to be filled and/or the proposition to be voted
upon in an initiative, referendum or plebiscite. Where practicable, electronic
displays must be constructed to present the names of all candidates for the
same position in the same page or screen, otherwise, the electronic displays

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 must be constructed to present the entire ballot to the voter, in a series of
sequential pages, and to ensure that the voter sees all of the ballot options on
all pages before completing his or her vote and to allow the voter to review
and change all ballot choices prior to completing and casting his or her ballot.
Under each position to be filled, the names of candidates shall be arranged
alphabetically by surname and uniformly indicated using the same type size.
The maiden or married name shall be listed in the official ballot, as preferred
by the female candidate. Under each proposition to be vote upon, the choices
should be uniformly indicated using the same font and size.

‘A fixed space where the chairman of the board of election inspector shall affix
her/her signature to authenticate the official ballot shall be provided.”
(emphasis supplied)

The electronic display of the touch screen in the VCMs as contemplated in this Paper shall be
subscribed by COMELEC. It shall contain the titles of the positions to be filled and/or the
proposition to be answered.

The paper official ballot on the other hand will be generated by the technology of the automated
touch screen VCMs herein, which will faithfully capture or represent the vote cast by the voter
recorded in electronic form.

The electronic display of the touch screen and the paper official
ballot are checked by the voter himself for accuracy purposes so to
reflect his or her actual choices of candidates and his answer to the
proposition. The Board of Election Inspectors (“BEI”) then signs the
paper official ballot, which is then deposited in the locked ballot
box.

In essence, the automated touch screen VCM system subscribes to the following perceived strict
requirements of COMELEC:
• Security
• Accuracy
• Integrity
• Auditability (printed official ballots as voter-verified paper trail collaborated by etched-
in entries on a permanent hard diskette per automated touch screen VCM, like the CD
write once only diskette, which entries once etched-in cannot be changed)
• Transparency and swiftness of results (all automated touch screen VCMs will conform to
the requirements of RA 8436 and RA 9369)
• Privacy
• Accessibility
• Cost-effectiveness
• Scalability

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 • Ecological sustainability (paper official ballots in rolled form and lesser precinct print
paraphernalia)
Critics of touch screen VCM may argue that we should even revert to manual counting and touch
screens is going in the opposite direction of more transparency.
The official position of the COMELEC is that the VCM can be trusted to count the votes faithfully
and accurately. And there is no local experience so far that may divert the COMELEC from still
applying said official position. Using touch screen VCM therefore is a mere extension of the
COMELEC position. Between achieving the ultimate prize of eradicating vote-buying once and for
all in the country and the possibility of compromised VCM counting because of touch screen,
which so far we have no prevailing local experience thereabout, the former seems more of the
logical route to consider. Balancing of interests of the whole weighs more to having touch screen
VCM in this case.
Paper trail satisfied

The paper trail is adhered to because official ballots in paper

rolls form are generated by the technology applied, which
faithfully captures or represents the vote cast by a voter
recorded in electronic form.

If the voter is satisfied with the result based on his selection

of candidates on the touch screen, he or she then deposits
his paper official ballot in the locked ballot box for storage.

The paper official ballots can be then stored in a locked

voters box and used as physical evidence should there be
future election challenges.

The digitized form of the paper official ballots can also be

etched-in a permanent diskette (like to a CD write once only
diskette), which entries will be impossible to change once
etched-in. The same can also be used as collaborative evidence of the paper official ballots for
future election challenges.

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Campaigning between repeated
weekly elections not allowed
except for the COMELEC hour

And there will be no more campaign expenses incurred by

the candidates. The day before each rescheduled election,
the only campaigning allowed will be on a COMELEC radio-
hour that can be broadcast without charge to the candidates
participating in the common forum, possibly at the
COMELEC office, the provincial or municipal lobby, or at the
radio station.

What if instead of buying votes, the candidate

will just promise the voters that they will get
paid after the elections in exchange of no
affirmation of YES in the ballot proposition?

The candidate’s promise will not sit well with the voters. Two scenarios will be obtaining here:

Scenario #1, if the candidate loses overall his or her election -

Unless the candidate values his reputation with the voters required if he wants to run in a future
election, the losing candidate may just renege on his promise to pay said voters who will have
cast their votes for him. The clear possibility will be in the immediate minds of the voters. The
voters holding on a promise of the candidate to pay them after the elections, win or lose, will just
not be enough to persuade them to vote for said candidate and to not affirm a YES in the ballot
proposition that will not postpone the election. The voters will certainly also ask themselves the
question: “what if the set percentage threshold to postpone the election is not attained in their
barangays (so a successful election in their areas is obtaining) but the candidate loses over-all in
the election. Will they still get paid?

Any deal afforded the voter to get post-election payment will necessarily have to comply with
two conditions: 1. the YES in the ballot proposition to postpone the election must not exceed the
set percentage threshold in his barangay; and 2. the candidate should win the election over-all.
These two conditions needing to be complied with before getting paid after the election will be
a deal-breaker for the voter to vote for the candidate and to not affirm a YES in the ballot
proposition.

And for the candidate, he will not even know exactly whom among the voters will have voted
for him to be entitled to post-election payment. There will be no way of knowing that unless
someone on the precinct board of election inspector illegally takes notes of the voter’s candidate
preferences as the latter works his VCM screen or the former illegally reviews the voter’s printed
ballot receipt before the same is dropped in the ballot box - not realistic with opposing poll
watchers observing the process.

15
Scenario #2, if the candidate wins his election overall -

Even if the candidate wins overall, again he will also not know who really voted for him to give
post-election payment to. And if the candidate should just work the set percentage threshold per
barangay paying all voters on his last hour vote-buying list should said threshold is not attained
and there is a successful election obtaining in the determined area, again the two above two
conditions will have to be complied with - just too many unknowns for the voter to convincingly
accept the deal.

And even if the candidate promises should he win overall to give post-election payment to all
voters in the particular barangay should the YES threshold is not reached, said voters will not
necessarily not confirm a YES in the ballot preposition because the premise is if the candidate
wins overall, and that gives the voters in the barangay only a 50/50 chance of getting paid after
the elections. Not very good odds. What more if the candidate loses overall, then the voters get
nothing if they do not affirm a YES in the ballot proposition. In the minds of the voters, a repeated
election by affirming a YES still assures the possibility of the candidate to vote-buying before the
next election day. Hoping this could happen, said voters will naturally affirm a YES.

Most likely whether scenario #1 or #2 above, the voter will not be interested; or if there will be
interest, the incidents of vote-buying will be substantially reduced.

The cycle will only stop once the voters realize that the candidate will not vote-buy anymore,
which could take a few weeks of self-realization over repeated elections or even after the first
week election; or very possibility the candidate will not even try to vote-buy at all as the risk
would be too high for him to vote-buy only to have the election repeated.

Will this not compromise the opening of congress

as elections in many congressional districts may
be postponed and repeated?_________________

No, as the elections will be repeated every Sunday until the electorate will determine a final
election in their congressional districts by not affirming YES in the ballot proposition. We expect
finality to reach not more than one to two weeks post the original general elections. We believe
there will be no more money left for most candidates to buy votes after the election is repeated
for the first and second time.

And in subsequent general elections, we should see a gradual decrease of the number of
repeated elections as candidates will eventually realize the buying votes is a futile exercise. But
admittedly, there may be richest of the rich candidates who can withstand repeated elections.
But they will be few and at least the incidences of vote-buying across the country will be greatly
minimized, no longer a widespread phenomenon.

16
In any case, the opening of congress, more particularly the House of Representatives, will push
through as constitutional mandated on the 30th of June following the second Monday of May
general elections. In theory, as long as there are at least three members of the House of
Representatives certified to have won a seat by COMELEC in a duly called election and he or she
appears at the House plenary, said House may already vote its Speaker and conduct business.
Section 16, Article VI of the Constitution reads:

“SECTION 16. (1) The Senate shall elect its President and the House of
Representatives its Speaker, by a majority vote of all its respective Members.
Each House shall choose such other officers as it may deem necessary.

(2) A majority of each House shall constitute a quorum to do business, but a

smaller number may adjourn from day to day and may compel the attendance of
absent Members in such manner, and under such penalties, as such House may
provide.” (underscoring supplied)

As a worst and a highly unlikely scenario: a majority of at least three duly elected members of
the House of Representatives can already vote its Speaker and constitutes a quorum to do
business, that’s a majority of two out of three just elected congressmen.

Moreover, Sections 5 and 6 of the OEC impliedly recognize that there can be failure of elections
due to fraud, e.g. vote-buying, covering the elections of members of the House of
Representatives. Here, the fraud can be minimal or massive covering even the entire country.

We should not lose essence of the ultimate objective, which is to protect the integrity of
elections. A credible and healthy democracy hinges on this. Except perhaps for the Bill of Rights,
anything else ranks lower in the constitutional ladder.

No vote-buying observed for the presidency

and vice presidency positions and largely nil
for the senate and party-list_____________

Can be included in the ballot proposition are the party-list, senators, vice-president and/or the
president should there be field intelligence showing that vote-buying has already reached the
national level.

As of the 2016 elections, however, there appears no instances of vote-buying for the presidency
and vice presidency positions. Thus, the proposition need not apply to them. But note in the 2016
elections, there was already observed some isolated vote-buying of candidates running for party
list and the senate, more of the party-list. But for now, the proposition on the ballot to postpone
the elections in cases of vote-buying need not also apply for them.

17
Thus, while the national election process for our president, vice president, and senators seems
to be doing fine, i.e., no prevalent vote-buying seen so far, our local elections are in crisis.

Teachers to be paid each repeated election

sourced from savings of the printing of ballots

Of course, the teachers will still have to be paid for every election exercise on Sundays. Please
note, however, that savings from the printing of the current standard ballots and precinct print
paraphernalia can be channeled to teachers’ allowances for additional election duty every
Sunday as warranted. And just give it some time, the weekly repeated elections and attending
COMELEC operating expenses will go down as candidates will learn that voting buying will just be
big waste of their monies.

Call center for field queries

A central COMELEC call center can also be set-up to answer

cellphone call, chat, and queries from the field (teachers and
field personnel) to ensure smooth and orderly elections
nationwide.

The people to decide their own fate,

COMELEC can only submit and follow

COMELEC is guided by Sec. 5 OEC to postpone an election in any political subdivision. And what
more if the voters themselves tell COMELEC that they want the election postponed and be held
again. COMELEC can only submit and follow.

And though the cause of the postponement is obviously massive vote-buying, the same need
not stated in the proposition as this will only muddle the appreciation of the true expressions
and sentiments of the voters.

Most importantly, the people themselves in their wisdom will have many
reasons and we have to presume are all just causes why they will want to
postpone the elections. Who are we to question this exercise of direct
democracy.

Is the proposition moral?

We reply with the adage: Vox Populi, Vox Dei. This is latin
for “the voice of the people is the voice of God.” The phrase
was used as the title of a Whig tract pamphlet of 1709,
which was expanded in 1710 and later reprintings as The
Judgement of whole Kingdoms and Nations. The most cited
section of the revised (1710) version of the pamphlet reads:

18
 “There being no natural or divine Law for any Form of Government, or that one
Person rather than another should have the sovereign Administration of Affairs,
or have Power over many thousand different Families, who are by Nature all
equal, being of the same Rank, promiscuously born to the same Advantages of
Nature, and to the Use of the same common Facilities; therefore Mankind is at
Liberty to choose what Form of Government they like best.” (emphasis supplied,
en.m.wikipedia.org)

In fact, Vox Populi, Vox Dei is fundamental to the mission of

COMELEC, as imprinted on its very emblem:

In parallel construction, voters in the exercise of sovereignty, a

direct right, should have the liberty to determine the
administration of their right of suffrage.

COMELEC is further guided by Article II, Declaration of Principles and State Policies, Section 1 of
the 1987 Constitution:

“ARTICLE II
DECLARATION OF PRINCIPLES AND STATE POLICIES

Section 1. The Philippines is a democratic and republican State. Sovereignty

resides in the people and all government authority emanates from them.”
(emphasis supplied)

Thus the mission statement of COMELEC as stated in its official website:

“The Commission on Elections is mandated to give life and meaning to the basic
principle that sovereignty resides in the people and all government authority
emanates from them.” (emphasis supplied)

Who are we (COMELEC is particular) to judge the people’s wisdom in the exercise of
their sovereign right.

Let’s therefore leave it up to the people to decide their own fate for whatever for cause (as
reflected in the proposition) they would deem important and justifiable in their minds. Not only
is the proposition therefore moral, it is God-like.

19
No harm trying this as a social
experiment as it may just work, thus
may undertake pilot elections in
several political subdivisions______

There is no real harm in trying out touch screen VCM; experiment with it in a province, city, or
municipality, and let’s see the results. That is what experimentation is all about. And this may be
heralded as a social experiment of paramount importance, i.e., looking for a permanent cure to
the nation’s ailing democracy attributed to vote-buying.
If the logic is sound and there is a possibility that the instant strategy could succeed, it may be
persuasive to undertake pilot elections in a several political subdivisions coming the 2022
election. If found to successfully deter local vote-buying, a whole-of-country application may
then follow.

Swifter delivery of election results

instills higher confidence to the people
that the elections are honest and fair_

But exception would be a new law by way of an amendment of RA 8436 to afford swifter delivery
of election results to the general public from the normal days and weeks to only hours. Notably,
there is the perception that the longer election numbers are held back, the more of the people
believing that there is some hidden maneuvering taking place to thwart the true outcome of the
elections. Swifter revelation of election results instills higher confidence to the people that the
elections are honest and fair. Credibility of elections is enhanced. As said, please see Annex A for
further discussion on the matter.

Respectfully submitted.

LEANDRO B. VERCELES JR., LLB, MPA

Proponent1
Congressman of the Lone District of
Catanduanes, 1992-2001
Governor of Catanduanes, 2001-2007
verceles@hotmail.com
0927 437 7920

20
1 Theproponent has been involved in grassroots politics since he was 16 years old - or 45 years
to date, starting as a political field lieutenant to his late father, Ambassador, former
Catanduanes Governor, and Immigration Commissioner Leandro I. Verceles, when the latter
ran in the defunct Interim Batasan election in 1978 and again in the gubernatorial elections in
1988. The proponent has been involved in local elections ever since.

Verceles Jr. was then elected three times as one of the youngest congressmen at that time
serving nine years and two times as provincial governor servicing six years.

The White Paper may be considered as a thesis reflecting the proponent’s almost half a century
of experience in local politics disciplined by post graduate studies in law and public
administration. Attached as Annex B is an outline of the proponent’s educational attainment
and other experiences in government that may afford persuasion of the merit of the White
Paper.

21
 Annex A

SWIFTER REVELATION OF ELECTION RESULTS

INSTILLS HIGHER CONFIDENCE TO THE PEOPLE
THAT THE ELECTIONS ARE HONEST AND FAIR

*THIS REQUIRES AN AMENDMENT TO RA 8436*

There seems no reason why results of national positions from the precinct
automated VCMs should have to pass the municipal and provincial
canvassing before being finally collated at the national canvassing center of
COMELEC. The automated VCMs are capable of sending the elections results
directly to the central server at the national canvassing center or the internet cloud. The
presumption here is that the automated VCMs have already been properly vetted and qualified
by the COMELEC before they are sent out to the precincts so why is there still need for the
municipal and provincial level to tally national positions?

Otherwise stated, why is there still the need of ladderized canvassing as the precinct results for
higher elective positions are merely passed on through intermediate canvassing levels without
much event? Ladderized canvassing may have been an essential must under manual vote
counting but in the advent of automated counting, the protocol may have lost relevancy.

Like so, why is there also need for election results for provincial positions (includes the position
of member of the House of Representatives) to be tallied at the municipal level canvassing?
Under this scheme, a single precinct automated VCM that cannot transmit its election results
would suspend the completion of the municipal and provincial canvasses. The suspensions open
opportunities for machinations by candidates resulting to fraud.

The scheme that intermediary levels have to tally the votes before final canvassing of higher
positions is undertaken may seem justified for transparency under the paper election system
prior to 2010, the year when there was the shift to automated elections. Now that the elections
are automated, the scheme makes no sense anymore.

Rapid consolidation of thousands of precinct returns is now possible under an automated system
unlike before in a paper election. In fact, under the current election paradigm, pre-proclamation
controversies challenging the very aspect of automated count are no longer possible. Here,
COMELEC in effect submits that transparency is not compromised. Notably, the watchers of
candidates can always get an official copy of the final tallies at the precinct level. The candidates
can use these tallies to compare with the final canvassing results at their level.

22
In one instance in the 2007 general elections in Catanduanes, there was non-transmittal of results
of one automated counting machine in a precinct due to a defective chip. Thus the next level
municipal canvass could not be completed. This had a domino effect inasmuch as the provincial
canvass could not then be completed because of the lacking single municipal canvass. Transmittal
of the provincial canvass to the national canvass for national positions was also delayed. The
delay dragged on for two weeks, just because of a single defective automated counting machine
in one precinct.

Please note that the results of the single precinct did not even affect the final results of the higher
candidate positions.

It would seem, therefore, that precinct returns having to be tallied by municipal and provincial
canvasses for national positions and precinct returns having to be tallied by municipal canvasses
for provincial positions seem like surplusage activities. They have lost relevance in automated
VCM elections.

In this regard, the law on automated election system, or RA 8436, may be visited. The pertinent
parts currently read:
1. Section 21 of RA 8436:
“Sec. 21. Canvassing by Provincial, City, District and Municipal Boards of
Canvassers. - The city or municipal board of canvassers shall canvass the votes for
the president, vice-president, senators, and parties, organizations or coalitions
participating under the party-list system by consolidating the results contained in
the data storage 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 (1) or more legislative
districts shall canvass the votes for president, vice-president, senators, members
of the House of Representatives and elective city officials by consolidating the
results contained in the data storage devices used in the printing of the election
returns. Upon completion of the canvass, the board shall print the canvass of votes
for president, vice-president, and senators and 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 results contained in the data storage
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-

23
 president, and senators and thereafter, proclaim the elected members of the
House of 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 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 (2)
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 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 print a certificate of canvass of votes for president, vice-
president and 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 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 print the certificate of
canvass of votes for president, vice-president and senators and thereafter,
proclaim the elected members of the House of Representatives and the provincial
officials.

The municipal, city, district and provincial certificates of canvass of votes shall
each be supported by a statement of votes.

The Commission shall adopt adequate and effective measures to preserve the
integrity of the data storage devices at the various levels of the boards of
canvassers.”

It is proposed that Section 21 of RA 8436 supra, be amended to read as follows:

“Sec. 21. Canvassing by Provincial, City, District, Municipal, and Provincial

Boards of Canvassers - (A) (1) Voting results from the automated VCMs at the
cluster of precincts or individual precinct level for president, vice president,
senators and parties, organizations or coalitions participating under the party-list

24
shall be transmitted directly to the Commission on Elections (“COMELEC”) via the
center server of COMELEC or the internet cloud.

COMELEC shall print the tallied votes for president and vice president, and the
canvass of votes for senators, parties, organizations or coalitions participating
under the party-list categorized per province, city, municipality, barangay, cluster
of precincts or individual precinct as the case may be.

Partial or complete results as tallied per province, district, city, municipality,

barangay, cluster of precincts or individual precinct shall be delivered to congress
for the national canvassing of votes for president and vice president.

(2) The provincial, city, and district board canvassers shall canvass the votes for
the governor, vice-governor, members of the sangguniang panlalawigan and
panlungsod, and members of the House of Representatives, respectively, based
on the voting results for the positions thereof transmitted to their servers from
the automated VCMs at the precincts via the central server of COMELEC or the
internet cloud.

The provincial, city and district board of canvassers shall print the certificate of
canvass of votes tallied per municipality, barangay, cluster of precinct or individual
precinct as the case may be.

(3) The municipal board canvassers shall canvass the votes for mayor, vice mayor,
members of the bayan based on the voting results for the positions thereof
transmitted to its server from the automated VCM at the precincts via the central
server of COMELEC or the internet cloud.

The municipal board of canvassers shall print a certificate of canvass of votes

tallied per barangay, cluster of precincts, or individual precincts as to case may be.

(B)(1) For purposes of the automated election system and except for president
and vice president in a canvass before congress, the results of the cluster of
precincts or individual precinct automated VCMs as the case may be throughout
the country as directly transmitted to the Commission or the relevant board of
canvassers shall be deemed sufficient as partial canvass to determine the winning
candidates.

(2) The computational determination of the partial canvass to determine the

winning candidates shall consider the clusters of precincts or individual precincts
that have not yet transmitted their results, that the winning states can no longer
be overcome by the total number of qualified voters registered per said clusters
of precincts or individual precincts, and assuming that all votes are not those of
said winning candidates and the winning state can no longer be overcome by the

25
 total number of qualified voters registered per said cluster of precinct or individual
precinct and assuming all the votes are not those of said winning candidates.

(3) Later transmitted results are then to be tallied for the complete canvass,
subject to any electoral challenge or protest using as a basis the paper official
ballot as provided by law.

(4) All automated VCMs shall transmit to the central server of COMELEC upon the
end of the voting day all votes for all elective positions and said COMELEC shall
ensure that its central server or presence in the internet cloud immediately puts
the same onto the internet with a portal for general public viewing, categorized
by provinces, cities, municipalities, barangays, clusters of precincts and precincts,
and to be considered as COMELEC official count for use as basis the partial and
completed canvass of the elective positions.”

2. Section 22 of RA 8436:
“Sec. 22. Number of copies of Certificates of Canvass of Votes and their
distribution. -

a. The certificate of canvass of votes for president, vice-president, senators,

members of the House of Representatives, parties, organizations or coalitions
participating under the party-list system and elective provincial officials shall
be printed by the city or municipal board of canvassers and distributed as
follows:

1. The first copy shall be delivered to the provincial board of canvassers for
use in the canvass of election results for president, vice-president,
senators, members of the House of Representatives, parties, organizations
or coalitions participating under the party-list system and elective
provincial officials;

2. The second copy shall be sent to the Commission;

3. The third copy shall be kept by the chairman of the board; and

4. The fourth copy shall be given 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.

The board of canvassers shall furnish all registered parties copies of the
certificate of canvass at the expense of the requesting party.

26
 b. The certificate of canvass of votes for president, vice-president and senators,
parties, organizations or coalitions participating under the party-list system
shall be printed by the city boards of canvassers of cities comprising one or
more legislative districts, by provincial boards of canvassers and by district
boards of canvassers in the Metro Manila area, and other highly urbanized
areas and distributed as follows:

1. The first copy shall be sent to Congress, directed to the President of the
Senate for use in the canvas of election results for president and vice-
president;

2. The second copy shall be sent to the Commission for use in the canvass of
the election results for senators;

3. The third copy shall be kept by the chairman of the board; and

4. The fourth copy shall be given 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.

The board of canvassers shall furnish all registered parties copies of the
certificate of canvass at the expense of the requesting party.

c. The certificates of canvass printed by the provincial, district, city or municipal

boards of canvassers shall be signed and thumb marked by the chairman and
members of the board and the principal watchers, if available. Thereafter, it
shall be sealed and placed inside an envelope which shall likewise be properly
sealed.

In all instances, where the Board of Canvassers has the duty to furnish
registered political parties with copies of the certificate of canvass, the
pertinent election returns shall be attached thereto, where appropriate.”

It is also proposed that Section 22 of RA 8436, supra, be amended to read as follows:

“Sec. 22. Number of copies of Tally of Votes and Certificates of Canvass of Votes
and their distribution. -

a. The tally of votes transmitted directly from each cluster precinct or individual
precinct automated voting machines via the central server of the Commission
or internet cloud categorized by provinces, cities, municipalities, barangays,
and clusters of precincts or individual precincts as the case may be for president

27
 and vice-president shall be printed, certified by the Commission, and
distributed as follows:

1. The first copy shall be sent to Congress, directed to the President of the
Senate for use in the canvass of election results for president and vice-
president;

2. The second copy shall be kept by the Commission;

3. The third copy shall be given to the citizens’ arm designated by the
Commission to compare with the former’s unofficial count of the precinct
automated VCMs throughout the country. It shall be the duty of the
citizens' arm to furnish independent candidates copies of the tally of votes
at the expense of the requesting party.
The Commission shall furnish all registered parties copies of the tally of
votes at the expense of the requesting party.

b. The certificate of canvass of votes for senators, parties, organizations or

coalitions participating under the party-list system transmitted directly from
each cluster precinct or individual precinct automated VCMs via the central
server of the Commission or internet cloud categorized by provinces, cities,
municipalities, barangays, and cluster of precincts or individual precincts as
the case may be shall be printed, certified by the Commission, and distributed
as follows:

1. The first copy be kept and used by the Commission for use in the canvass
of the election results for senators, parties, organizations or coalitions
participating under the party-list system;

2. The second copy shall be given to the citizens’ arm designated by the
Commission to compare with the former’s unofficial count of the precinct
automated VCMs throughout the country. It shall be the duty of the
citizens' arm to furnish independent candidates copies of the certificate of
canvas at the expense of the requesting party.
The Commission shall furnish all registered parties copies of the certificate
of votes at the expense of the requesting party.

c. The certificate of canvass of votes for provincial, districts, city positions and
tallying of votes as received for president, vice president, senators, parties,
organizations or coalitions participating under the party-list system
transmitted from the cluster of precincts or individual precinct automated
VCMs via the center server or internet cloud categorized by municipalities,
barangays, and cluster of precincts or individual precincts as the case may be
28
 shall be printed, certified by the provincial, district, and city board of
canvassers as the case may be and distributed as follows:

1. The first copy be kept and used by the provincial, district, or board of
canvassers for use in the canvass of the election results for provincial,
districts, city positions, respectively, and tallying of votes for president,
vice president, senators, parties, organizations or coalitions participating
under the party-list system;

2. The second copy shall be furnished the Commission.

3. The third copy shall be given to the citizens’ arm designated by the
Commission to compare with the former’s unofficial count of the precinct
automated VCMs throughout the province or city. It shall be the duty of
the citizens' arm to furnish independent candidates copies of the
certificate of canvas at the expense of the requesting party.
The Commission shall furnish all registered parties copies of the certificate
of votes at the expense of the requesting party.

d. The certificate of canvass of votes for municipal positions and tallying of votes
as received for president, vice president, senators, parties, organizations or
coalitions participating under the party-list system, provincial, district, and city
positions transmitted from the cluster of precincts or individual precinct
automated VCMs via the center server or internet cloud categorized by
barangays, cluster of precincts or individual precincts shall be printed, certified
by the municipal board of canvassers, and distributed as follows:

1. The first copy be kept and used by the municipal board of canvassers for
use in the canvass of the election results for municipal positions and
tallying of votes as received for president, vice president, senators, parties,
organizations or coalitions participating under the party-list system,
provincial, district, and city positions;

2. The second copy and shall be furnished the Commission;

3. The third copy shall be furnished the provincial or chartered city office of
the Commission;

4. The fourth copy shall be given to the citizens’ arm designated by the
Commission to compare with the former’s unofficial count of the precinct
automated VCMs throughout the municipality. It shall be the duty of the
citizens' arm to furnish independent candidates copies of the certificate of
canvas at the expense of the requesting party.

29
 The Commission shall furnish all registered parties copies of the certificate
of votes at the expense of the requesting party.

e. The tally of votes of precinct automated VCMs for president, vice president,
senators, parties, organizations or coalitions participating under the party-list
system, provincial, district, city position, and municipal positions shall be
printed, certified by the cluster of precincts or precinct BEI, and distributed as
follows:

1. The first copy shall be sent to municipal office of the Commission;

2. The second copy shall be given to the citizens’ arm designated by the
Commission to compare with the former’s unofficial count of the precinct
automated VCMs throughout the country. It shall be the duty of the
citizens' arm to furnish independent candidates copies of the tally of votes
at the expense of the requesting party.
The cluster of precincts or precinct BEI shall furnish all registered parties
copies of the tally of votes at the expense of the requesting party.

f. The citizens’ arm designated by the Commission and other registered parties
shall be afford reasonable time reckoned from receipt by the Commission or
the canvassing board as the case may be of the last precinct entry that
computationally determines the winning candidates as determined by Section
21 B(1)(2)(3) of RA 8436, as amended, after which the tally of votes shall be
certified as sufficient to declare the winning candidates by the Commission,
and in the case of president and vice president, sufficient for the Commission
to certify the partial tally of votes to then be delivered to congress. Thus:

1. 72 hours - for president and vice president;

2. 72 hours - for senators, parties, organizations or coalitions participating
under the party-list system;
3. 24 hours - provincial, district, and city positions;
4. 12 hours - municipal positions.

g. The tally of votes and certificates of canvass printed by the Commission,

provincial, district, city, and municipal boards of canvassers, cluster precincts
or precincts shall be signed and thumb marked by members of said
Commission, chairman and the board of canvassers and cluster of precincts or
individual precincts BEI as the case may be and the principal watchers, if
available.

30
3. Section 23 of RA 8436:
“Sec. 23. National Board of Canvassers for Senators. - The chairman and
members of the Commission on Elections sitting en banc, shall compose the
national board of canvassers for senators. It shall canvass the results for senators
by consolidating the results contained in the data storage devices submitted by
the district, provincial and city boards of canvassers of those cities which comprise
one or more legislative districts. Thereafter, the national board shall proclaim the
winning candidates for senators.”

It is further proposed that Section 23 of RA 8436, supra, be amended to read as follows:

“Sec. 23. National Board of Canvassers for Senators and party list. - The chairman
and members of the Commission on Elections sitting en banc, shall compose the
national board of canvassers for senators and party list. It shall canvass the results
for senators and party list by consolidating the same transmitted to its central
server or the internet cloud from the automated VCMs subject to Section 21
(B)(1)(2)(3) of RA 8436, as amended. Thereafter, the national board shall proclaim
the winning candidates for senators and party list”.

4. Section 24 of RA 8436:
“Sec. 24. 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 returns of every election for president and vice-president duly certified by the
board of canvassers of each province or city, shall be 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 by consolidating the results
contained in the data storage devices submitted by the district, provincial and city
boards of canvassers and thereafter, proclaim the winning candidates for
president and vice-president.”

It is further proposed that Section 24 of RA 8436, supra, be amended to read as follows:

“Sec. 24. 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 votes per province and chartered city shall be certified, tallied and delivered
by COMELEC to Congress, directed to the president of the Senate. Upon receipt of
the certified tally, the president of the Senate shall, not later than thirty (30) days

31
after the day of the election, open the certificated tallies in the presence of the
Senate and the House of Representatives in joint public session, canvass all the
results for president and vice-president, and proclaim the winning candidates for
president and vice-president.”

32
 Annex B

LEANDRO B. VERCELES JR.

Educational attainment and other experiences in

government in support of the White Paper

Education : Postgraduate
Master in Public Administration (MPA) Studies
National College for Public Administration and Governance (NCPAG)
University of the Philippines, Diliman
Graduated with Distinction, 3rd in graduating class,
1996-98

Bachelor of Laws (LLB)

Ateneo de Manila University
Makati, College of Law
1982-87
Undergraduate
Bachelor of Science in Business Administration (BSBA)
University of the Philippines
Diliman, 1975-80

Executive Studies/ : Executive Programme on

Continuing Education E-Government & E-Governance:
Theory, Practice and Next Steps
John F. Kennedy School of
Government; Harvard University
and Harvard Business School, in
collaboration with the National
University of Singapore
Singapore, February 2002

Public Management Executive Program

John F. Kennedy School of Government
Harvard University
Cambridge, Massachusetts
USA, March 1997

33
In government
service : Provincial Governor
Province of Catanduanes
2004–2007
2001-2004

Congressman representing the Lone

District of Catanduanes
House of Representatives
Constitutional Hills, Quezon City
1998-2001
1995-1998
1992–1995
Legislative
Accomplishments : Principal author of Landmark Legislation: “An Act
Providing for the Recognition and Use of Electronic,
Commercial and Non-Commercial Transactions, Penalties
for Unlawful Use Thereof, and for Other Purposes”
(RA 8792), otherwise known as the E-Commerce Act,
approved on July 14, 2000

Principal author of the Y2K law, approved

on June 1, 1999

Principal author of House Resolution 890 on

RPWEB, connecting all government offices,
schools and universities to the internet, 1998-98

Centenary Lecturer, “Contracts and Transactions by

E-Commerce (RA 8792): Legal and Evidentiary
Considerations,” Supreme Court Centenary Lecture
Series (speaking before the Chief Justice, the other
Supreme Court Justices and legal luminaries),
Supreme Court, Manila, October 10, 2000
(www.philja.judiciary.gov.ph)

Cited as one of the “The Web’s Movers and Shakers

of the Year (2000)” in the area of law as principal
author of The E-Commerce Act, RA 8792, The Web
Philippines magazine, January 4, 2001 issue

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Nominated to the Philippine Corps of Professors as
lecturer on the E-Commerce Act and information
technology and communications for government,
Philippine Judicial Academy, Supreme Court, 2000

Cited as one of the “Ten Most Influential Filipinos

In the Local Internet Today,” The Web Philippines
magazine, January/February 1999 issue

35