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MALACAÑANG
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
EXECUTIVE ORDER NO. 269
CREATING THE COMMISSION ON INFORMATION AND COMMUNICATIONS TECHNOLOGY
WHEREAS, Section 24, Article ll
(Declaration of Principles and State Policies) of the 1987 Constitution states that,
"The State shall recognize the vital role of communication and information in
nation-building.""
WHEREAS, an enabling legal, policy and
institutional environment to develop, promote and advance information and communications
technology (ICT) is a prerequisite for the continued growth of the Philippine economy, the
competitiveness of local industries and firms, and the achievement of national development
goals;
WHEREAS, the government recognizes
that the development of ICT will have a higher chance of success and sustainability it is
private sector-led, market-based and government-enabled;
WHEREAS, the Information Technology
and Electronic Commerce Council (ITECC), created pursuant to Executive Order No. 264 dated
July 12, 2000 and amended planning and policy advisory body on development, promotion and
application of national ICT and e-commerce initiatives;
WHEREAS, the creation of Department of
Information and Communications Technology (DICT) which will more effectively coordinate
and implement national ICT programs, projects and other related initiatives is a priority
of government, endorsed by ITECC, supported by the private sector and presently under
consideration in Congress;
WHEREAS, as a transitory measure, the
formation of a national body that is not merely advisory in nature, and which will have a
more active role in streamlining, managing, coordination, and implementing the various
ICT-related plans and policies of government, will immediately address the urgent need to
harmonize and make the country’s approach to ICT development more coherent and
efficient;
WHEREAS, to be effective and
efficient, such a national body, headed by a Cabinet ranked official, must be equipped
with strong and clearly defined powers, appropriate manpower and resources;
WHEREAS, the creation of such an
empowered national body is broadly supported by the private sector, which is keen to work
closely with government to encourage ICT-related business and investment, enhance the
skills of the country’s workforce, pursue, meaningful legal and regulatory reform,
continue to enhance the nation’s information infrastructure, and promote
e-governance, consistent with Philippine goals to compete in the global ICT market
WHEREAS, Section 31, Chapter 10, Title
lll of the 1987 Administrative Code provides the President with continuing authority to
reorganize the bureaucracy;
NOW, THEREFORE, I, GLORIA
MACAPAGAL-ARROYO, President of the Philippines, by virtue of the power vested upon me
by law, do hereby order:
Section 1. Creation. A new body to be
known as the Commission on Information and Communications Technology, hereinafter
referred to as the Commission, is hereby created, and attached to the Office of the
President
Section 2. Mandate. The Commission
shall be the primary policy, planning, coordinating, implementing, regulating, and
administrative entity of the executive branch of Government that will promote, develop,
and regulate integrated and strategic ICT systems and reliable and cost-efficient
communication facilities and services. In fulfilling its mandate, the Commission shall be
guided by the following policies:
- To ensure the provision of strategic, reliable and
cost-efficient information and communications technology (ICT) infrastructure, systems,
and resources as instruments for nation-building and global competitiveness;
"Information and Communications Technology" (ICT)
is defined as the totality of electronic means to collect, store, process and present
information to end-users in support of their activities. It consists, among others, of
computer systems, office systems and consumer electronics, as well as networked
information infrastructure, the components of which include the telephone system, the
Internet, fax machines and computers.
- To ensure a policy and legal environment that will promote a
level playing field, partnerships between the public and the private sectors, strategic
alliances with foreign investors, balanced investments between high-growth and
economically-depressed areas, and broader private sector participation in ICT development.
- To foster and accelerate convergence of ICT facilities such as
but not limited to the development of networks;
- To ensure universal access and high-speed connectivity at fair
and reasonable cost;
- To ensure the provision of information and communication
services in areas not adequately served by the private sector;
- To foster the widespread use and application of emerging ICT;
- To establish a strong and effective regulatory system that
will ensure consumer protection and welfare and foster a healthy competitive environment;
- 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;
- To ensure the growth of the ICT industries;
- To preserve the rights of individuals to privacy and
confidentiality of their personal information;
- To encourage the use of ICT in support of efforts for the
development and promotion of the country’s arts and culture, history, education,
public health and safety, and other socio-civic purposes;
Section 3. Composition. The Commission
shall be composed of the National Computer Center, Telecommunications Office (TELOF), and
all other operating units currently existing in the Department of Transportation and
Communications, which directly support Communications, including the Telecommunications
Policy and Planning Office. The National Telecommunications Commission and the Philippine
Postal Corporation shall be attached to the Commission.
The Commission shall be headed by a Chairman
with a Cabinet Rank. He shall be assisted by the Director-General of the National Computer
Center (NCC), and the Chief of the Telecommunications Office (TELOF) who, in addition to
their current responsibilities, shall concurrency serve as Commissioners, and shall
perform such functions as may be assigned by the Chairman. In addition, he shall be
assisted by two additional Commissioners as may be provided in the structure and staffing
plan to be determined pursuant to Section 6 hereof.
Section 4. Composition. Powers and
Functions. To carry out its mandate, the Commission shall exercise the following
powers and functions:
- Formulate and recommend national policies and guidelines that
will promote 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
educational and training sectors;
- Initiate, harmonize and coordinate all ICT plans to ensure
their consistency with national objectives and goals;
- Establish and administer comprehensive and integrated programs
for ICT at the national, regional and local levels with due consideration to advances n
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;
- Design, implement, and ensure the protection of an integrated
government information and communications infrastructure development program that will
coordinate all existing plans, programs, proposals, software and hardware inventory, and
the installed systems and programs;
- Provide an integrating framework and oversee the
identification and prioritization of all e-government systems and applications as provided
for in the Government Information Systems Plan; manage and/or administer the e-Government
Fund, which shall be institutionalized and included in the proposed annual national
budget;
- Coordinate with concerned agencies, the generation of
resources, both governmental and non-governmental, local, national and international, as
may be appropriate in and for the development, marketing, growth and competitiveness of
the Philippine ICT Industry;
- Develop and implement, in coordination with concerned
government agencies, a comprehensive ICT 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 communication
infrastructure;
- Encourage and establish guidelines for private sector funding
of ICT projects for government agencies in order to fast-track said projects which provide
reasonable cost-recovery mechanisms for the private sector, including but not limited to
Build-Operate-Transfer (BOT) mechanisms;
- In coordination with the Department of Science and Technology,
provide strategic direction to government research and development programs in ICT;
- Establish and prescribe rules and regulations for the
operation and maintenance of ICT facilities in areas not adequately served by the private
sector, in consultation with private business sector, civil society, and other private and
public entities, such as educational and training sectors;
- Establish and prescribe rules and regulations for the
operation and maintenance of a nationwide postal system that shall include mail
processing, delivery services, and money order services;
- Administer and enforce all laws, standards, rules, and
regulations governing ICT, and in coordination with the Intellectual Property Office (IPO)
ensure the protection of ICT-related intellectual property rights;
- In coordination with concerned agencies, ensure consumer
protection and welfare, and protect the rights of consumer and business users to privacy,
security and confidentiality;
- Harmonize, synchronize and coordinate with appropriate
agencies all ICT and e-commerce policies, plans and programs;
- Assist the Department of Trade and Industry in carrying out
its functions related to the promotion of trade and investment opportunities in ICT
Services;
- In coordination with concerned agencies, promote strategic
partnership and alliances among 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.
- In coordination with concerned agencies, plan and/or implement
such activities as maybe appropriate and/or necessary to enhance the competitiveness of
Philippine workers, firms, and small to medium enterprises in the global ICT market.
- In coordination with Department of Education, formulate
policies and initiatives with respect to IT education and the development, promotion and
application of ICT in education.
- Perform such other powers and functions as may be prescribed
by laws or as may be necessary, incidental or proper to its mandate or as may be assigned
from time to time by the President.
Section 5. Agency Responsibilities. To
carry out its mandate and objectives, the Commission shall be complemented by the
appropriate agencies and/or offices of government. The Chairman is hereby given direct
supervision and control over the following agencies and offices:
- The National Computer Center (NCC) shall coordinate
all-e-government initiatives and the implementation of government IT plans to facilitate
better, more efficient, and more transparent service.
- The Telecommunications Office (TELOF) shall support the
development of an information infrastructure with the strategy and direction set by ITECC.
- Other operating units currently existing in the Department of
Transportation and Communications, which directly support Communications, including the
Telecommunications Policy and Planning Office, shall be consolidated under the Office of
the Chairman.
The Commission shall align its structure to
be consistent with the strategic directions established by ITECC, specifically
e-government, information infrastructure, legal and regulatory environment, human resource
and business development.
The Commission shall also be supported by and
coordinate with the National Telecommunications Commission (NTC), and the Philippine
Postal Corporation (PPC), as may be appropriate for and consistent with this Order. The
NTC shall not exercise any power, which will tend to influence or effect a review or an
modification of the NTC’s quasi-judicial functions.
Section 6. Structure and Pattern. The
Commission shall submit for approval to the Office of the President the organizational
structure and staffing pattern of the Commission within sixty (60) days from the issuance
of this Executive Order.
Section 7. Periodic Performance
Evaluation. The Chairman is hereby required to formulate and enforce a system of
measuring and evaluating periodically and objectively the performance of the Commission
and to submit the same annually to the President.
Section 8. Implementing Rules and
Regulations. The Chairman shall promulgate and issue such rules, regulations and other
issuances within 60 days from the approval of this Executive Order as may be necessary to
ensure the effective implementation of the provisions of this Executive Order.
Section 9. Funding. To carry out the provisions of this
Order, funds for the necessary expenses for the operations of the Commission, subject to
existing accounting and auditing laws, and procedures.
Section 10. Transitory Provisions. In accomplishing
the provisions herein prescribed, the following transitory provisions shall be complied
with:
- The NCC, TELOF and other units currently existing in DOTC,
which directly support Communications, are hereby transferred to the Commission to ensure
an effective and coordinated implementation of ICT policies, programs and projects.
- All regular or permanent employees who shall be affected by
this executive order shall not suffer my loss of seniority or rank or decrease in
emoluments.
Section 11. Repealing Clause. All presidential acts,
letters of instruction, executive orders, rules and regulations, or parts thereof, which
are inconsistent with the provisions of this Executive Order, are hereby repealed, amended
or modified accordingly.
Section 12. Effectivity. This Order shall take effect
immediately.
DONE in the City of Manila, this 12th day of January,
in the year of our Lord Two Thousand and Four.
(Original Signed)
GLORIA MACAPAGAL ARROYO
President
Republic of the Philippines
By the President:
(Original Signed)
ALBERTO G. ROMULO
Executive Secretary
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