100 OG. No.

10, 1413 (March 8, 2004)

[ EXECUTIVE ORDER NO. 269, January 12, 2004 ]

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:

a. 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.
b. 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.
c. To foster and accelerate convergence of ICT facilities
such as but not limited to the development of networks;
d. To ensure
universal access and high-speed connectivity at fair and reasonable cost;
e.
To ensure the provision of information and communication services in areas
not adequately served by the private sector;
f. To foster the widespread use
and application of emerging ICT;
g. To establish a strong and effective
regulatory system that will ensure consumer protection and welfare and
foster a healthy competitive environment;
h. 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;
i. To ensure the
growth of the ICT industries;
j. To preserve the rights of individuals to
privacy and confidentiality of their personal information;
k. 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:

a. 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;
b.
Initiate, harmonize and coordinate all ICT plans to ensure their consistency
with national objectives and goals;
c. Establish and administer
comprehensive and integrated programs for ICT at the national, regional and
local levels with due consideration to advances 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;
d. 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;
e. 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;
f.
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;
g. 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;
h. 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;
i. In coordination with the Department of Science and
Technology, provide strategic direction to government research and
 development programs in ICT;
j. 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;
k. 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;
l. 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;
m. In coordination with concerned agencies, ensure consumer protection
and welfare, and protect the rights of consumer and business users to
privacy, security and confidentiality;
n. Harmonize, synchronize and
coordinate with appropriate agencies all ICT and e-commerce policies, plans
and programs;
o. Assist the Department of Trade and Industry in carrying
out its functions related to the promotion of trade and investment
opportunities in ICT Services;
p. 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.
q. 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.
r. 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.
s. 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:

a. 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.
b. The
Telecommunications Office (TELOF) shall support the development of an
information infrastructure with the strategy and direction set by ITECC.
c.
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:

a. 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.
b. 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.

(SGD.) GLORIA MACAPAGAL-ARROYO

President of the Philippines
By the President:

(SGD.) ALBERTO G. ROMULO

Executive Secretary

Source: Supreme Court E-Library

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