Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

TWELFTH CONGRESS

First Regular Session

House Bill No. _______

Introduced by Representatives Frank S. Perez II, Roberto C. Cajes, Monico O. Puentevella, Joseph A. Santiago, Ma. Theresa T. Defensor, and Simeon L. Kintanar.

AN ACT CREATING THE DEPARTMENT OF INFORMATION AND COMMUNICATIONS TECHNOLOGY, DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

            Section 1. Short Title. This act shall be known as the “Department of Information and Communications Technology Act of 2001.”

            Section 2. Declaration of Policy. It is hereby declared the policy of the State:

(a)    To ensure the development of a high quality national information infrastructure for nation-building and global competitiveness by providing strategic, reliable and cost-efficient ICT resources;

(b)   To ensure a policy environment that would promote a level playing field, health and fair competition, partnerships between the public and the private sectors, strategic alliances with foreign investors, balanced investments between high growth and economically depressed areas;

(c)    To foster and accelerate development of convergent networks of ICT facilities;

(d)   To ensure universal access and high-speed connectivity at fair and reasonable cost;

(e)    To promote the appropriate policy and legal environment, as well as institutional mechanisms, to spur broader private sector participation in ICT development;

(f)     To ensure the provision of information and communication services in areas not adequately served by the private sector;

(g)    To foster the widespread use and application of emerging information and communication technologies;

(h)    To establish a strong and effective regulatory system to ensure consumer protection and welfare and foster a healthy competitive environment;

(i)      To promote the development of ICT expertise in the country’s human capital to enable Filipinos to compete in a fast evolving information and communication age; and

(j)     To ensure the growth of the computer and electronics industries; the development of technology, manpower, and education; the promotion of ICT application, international cooperation, and exports; and the coordination of planning and information and communications policy.

Section 3. Creation of the Department of Information and Communications Technology. There is hereby created the Department of Information and Communications Technology, hereinafter referred to as the Department, which shall carry out the above-declared policy and assume the communications-related powers and functions of the Department of Transportation and Communications (DOTC).

Section 4. Mandate. The Department shall be the primary policy, planning, coordinating, implementing, regulating, and administrative entity of the executive branch of the Government on the promotion, development, and regulation of the national information infrastructure and the required ICT resources.

Section 5. Powers and Functions. The Department shall perform the following functions:

(a)    Formulate and recommend national policies and guidelines for the promotion of ICT and the wider use of the Internet and other cyberspace infrastructures and exchanges of universal application, in consultation with the private business sector, relevant civil society institutions, and other private and public entities, such as education and training sectors;

(b)   Establish and administer comprehensive and integrated programs for ICT at the national, regional, and local levels with due consideration to advances in convergence and other emerging technologies, and for this purpose, may call on any agency, corporation or organization, whether public or private, whose development programs in ICT are an integral part thereof, to participate and assist in the preparation and implementation of such programs;

(c)    Design and implement an integrated government information and communications infrastructure development program and ensure the protection of such infrastructure, coordinating all existing government entities, taking into account all their existing plans, programs, proposals, software and hardware inventory, installed systems and programs;

(d)   Develop and implement, in coordination with government agencies concerned, a comprehensive information and communications technology application capability in the national government and determine the personnel qualification and other standards essential to the integrated and effective development and operation of government information and communications infrastructure;

(e)    Establish, operate, and maintain an information and communications technology educational and research center which will provide training and research facilities and extension services, bring about the development of ICT expertise, establish and the development of ICT expertise, establish and implement standards for ICT training and education in the country, and make available to the public an information and communications technologies database which the department shall create and maintain as part of the National Statistical System;

(f)     Assess, review, and provide direction to information technology and communications research and development programs of the government in coordination with other institutions concerned;

(g)    Establish and prescribe rules and regulations for the establishment, operation and maintenance of ICT facilities in areas not adequately served by the private sector in order to render such domestic and overseas services as are necessary, with due consideration to advances in technology, in consultation with the private business sector, relevant civil society institutions, and other private and public entities, such as education and training sectors;

(h)    Establish and prescribe rules and regulations for the operation and maintenance of a national postal system that shall include mail processing, delivery services, and money order services;

(i)      Administer and enforce all laws, standards, rules and regulations in ICT;

(j)     Oversee the implementation and conduct of periodic reviews and updating of the National Information Technology Plan Agenda for the 21^st Century (IT21), the Government Information Systems Plan (GISP), and their successor plans;

(k)   Supervise the formulation and implementation of a National Program and Strategy (NPS) for the promotion of E-Commerce in the country. The NPS for E-Commerce shall be consistent with IT21 and its successor plans;

(l)      Advise the President and Congress on policies and plans relative to the development, promotion and application of ICT and e-commerce, consistent with IT21 and its successor plans;

(m)  Harmonize and coordinate all ICT and e-commerce public initiatives, programs and projects to ensure their consistency with the goals of IT21, GISP, NPS and their successor plans;

(n)    Promote strategic partnership and alliances among and between local and international ICT firms and institutions; R&D educational and training institutions, and technology providers, developers and manufacturers, to speed up industry growth;

(o)   Represent and promote Philippine interests in international bodies, and the negotiation of the nation’s rights and obligations under multilateral agreements on matters relating to information and communications technology;

(p)   Perform such other powers and function as may be prescribed by laws or as many as may be necessary, incidental or proper to its mandate or as may be assigned from time to time by the President of the Republic of the Philippines.

Section 6. Composition. The Department shall be headed by a Secretary. The Department proper shall be composed of the Office of the Secretary, the Offices of the Undersecretaries and the Assistant Secretaries.

Section 7. The Secretary. The Secretary shall be appointed by the President, subject to the confirmation by the Commission on Appointments.

The Secretary shall have the following functions:

(a)    Provide executive direction and supervision over the entire operations of the Department and its attached agencies;

(b)   Establish policies and standards for the effective, efficient and economical operation of the Department, in accordance with the programs of Government;

(c)    Rationalize delivery systems necessary for the effective attainment of the objectives of the Department, including the creation of regional/field offices;

(d)   Review and approve requests for financial and manpower resources of all operating offices of the Department;

(e)    Designate and appoint all officers and employees of the Department, excluding the Undersecretaries, Assistant Secretaries, and Regional and Assistant Regional Directors, in accordance with Civil Service laws, rules, and regulations;

(f)     Coordinate with local government units, and other agencies, and public and private interest groups, including NGOs and Pos on Department policies and initiatives;

(g)    Advise the President on the promulgation of executive and administrative orders and regulatory and legislative proposals on matters pertaining to ICT development;

(h)    Formulate such rules and regulations and exercise such other powers as may be necessary to implement the objectives of this Act; and

(i)      Perform such other tasks as may be provided by law or assigned by the President from time to time.

Section 8. The Undersecretaries. The Secretary shall be assisted by two (2) Undersecretaries, who shall be appointed by the President upon the recommendation of the Secretary: Provided that, one of the Undersecretaries shall be a career officer coming from the ranks of existing government information and communications agencies and offices or qualified IT and ICT professionals in the private sector.

Section 9. Assistant Secretaries. The Secretary shall be assisted by three (3) Assistant Secretaries who shall be career officers appointed by the President upon the recommendation of the Secretary.

The respective assignments of the Assistant Secretaries shall be determined by the Secretary.

Section 10. Qualifications. No persons shall be appointed Secretary, Undersecretary or Assistant Secretary of the Department unless he is a citizen of the Philippines, of good moral character, and of proven integrity and competence in the field of information and communications technology.

Section 11. Bureaus and Services. The Department shall have two (2) bureaus, namely the Bureau of Information Technology and the Bureau of Communications. The Department shall have the following services:

(a)    Administrative and Legal Affairs;

(b)   Finance and Comptrollership;

(c)    Planning and Project Development; and

(d)   Management Information Services and Project Management.

Section 12. Regional Offices. The Department shall have Regional Office in each of the administrative regions in the country. The Regional Offices shall essentially be line in character and shall be responsible for the delivery of all front line services of the Department. Each Regional Office shall be headed by a Regional Director who shall be assisted by an Assistant Regional Director. The Regional Offices shall have, within their respective administrative regions, the following functions:

(a)    Implement laws, policies, plans, programs, projects, rules, and regulations of the Department;

(b)   Provide efficient and effective service to the people;

(c)    Coordinate with regional offices of other departments, offices, and agencies;

(d)   Coordinate with local government units; and

(e)    Perform such other functions as may be provided by law or assigned by the Secretary.

Section 13. Transfer of Agencies and Personnel.

(a)    The following agencies and institutions are hereby absorbed by the Department of Information and Communications Technology:

1.      The National Computer Center under the Office of the President;

2.      All offices, services, divisions, units, and personnel of the DOTC with functions and responsibilities dealing with communications.

All offices, services, divisions, units, and personnel dealing with transportation shall be transferred to the new Department of Transportation (DOT).

The foregoing transfer of powers and functions shall include all applicable funds and appropriations, records, equipment, property, and personnel as may be necessary.

(b)   The following agencies are hereby attached to the Department for supervision and policy and program coordination and integration, and shall continue to operate and function in accordance with their charters, laws or orders creating them, and such other functions and responsibilities as it shall be mandated to regulate information and communications technology in accordance with law and insofar as they a re not inconsistent with this Act:

1.      Municipal Telephone Project Office;

2.      The National Telecommunications Commission; and,

3.      Philippine Postal Corporation.

The Department shall not exercise any power which will tend to influence or effect a review or a modification of the quasi-judicial functions of the National Telecommunications Commission (NTC).

(c)    The law and rules on government reorganization as provided for in Republic Act No. 6656, otherwise known as the Reorganization Law, shall govern the reorganization process as the Department is created.

Section 14. Implementation of the RPWeb. In consonance with the objectives of Administrative Order No. 332 and Republic Act No. 8792, the primary responsibility over the implementation of the RPWeb or the Electronic On-Line Network of the Government which shall serve as initial platform of the Government Information Infrastructure (GII), is hereby transferred to the Department. For this purpose, the Department shall continue the utilization of all funds, monies, interests, reflows, and properties outstanding and accruing from the RPWeb.

Section 15. Sectoral and Industry Task Forces. The Department may create sectoral and industry task forces, technical working groups, advisory bodies or committees, for the furtherance of its objectives. Additional private sector representatives, such as from the academe and federation of private industries recently involved in ICT, as well as other National Government Agencies (NGAs), LGUs, and GOCCs, may be appointed to these working groups. Government IT professionals shall also be tapped to participate in the work of the Department through these working groups.

Section 16. Structure and Staffing Pattern. The Department shall determine its organizational structure and create new divisions or units deemed necessary, and shall appoint officers and employees of the Department in accordance with Civil Service law, rules, and regulations.

Section 17. Separation from Service. Employees separated from the service as a result of this reorganization shall, within ninety (90) days therefrom, receive the retirement benefits to which they may be entitled under existing laws, rules, and regulations.

Section 18. Appropriation. The amount needed for the initial implementation of this Act shall be taken from the current year’s appropriations of the DOTC  and all government agencies herein absorbed by or attached to the Department. Thereafter, the amount needed for the operations and maintenance of the Department shall be included in the General Appropriations Act.

Section 19. Repealing Clause. All laws, decrees, executive orders, rules and regulations and other issuances or parts thereof which are inconsistent with this Act are hereby repealed, amended or modified accordingly.

Section 20. Separability Clause. If any provision of this Act shall be declared unconstitutional or invalid, the other provisions not otherwise affected shall remain in full force and effect.

Section 21. Effectivity Clause. This Act shall take effect after fifteen (15) days from its publication in at least two (2) papers of general circulation.

Approved.