H. No. 6198
S. No. 2686
S. No. 2686
Republic of the
Philippines
Congress of the Philippines
Metro Manila
Congress of the Philippines
Metro Manila
Sixteenth Congress
Third Regular Session
Begun and held in Metro
Manila, on Monday, the twenty-seventh day of July, two thousand fifteen.
[REPUBLIC ACT NO. 10844]
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 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 2015”.
SEC. 2. Declaration
of Policy. – It is hereby declared the policy of the State:
(a) To recognize the
vital role of information and communication in nation-building;
(b) To ensure the
provision of strategic, reliable, cost-efficient and. citizen-centric
information and communications technology (ICT) infrastructure, systems and
resources as instruments of good governance and global competitiveness;
(c) To ensure universal
access to quality, affordable, reliable and secure I'd services;
(d) To promote the
development and widespread use of emerging ICT and foster and accelerate the
convergence of ICT and ICT-enabled facilities;
(e) To ensure the
availability and accessibility of ICT services in areas not adequately served
by the private sector
(f) To foster an ICT
sector policy environment that will promote a broad market-led development of
the ICT and ICT-enabled services (1CT-ES) sectors, a level playing field,
partnership between the public and private sectors, strategic alliance with
foreign investors and balanced investments between high-growth and
economically-depressed areas;
(g) To promote and assist
the development of local ICT content, applications and services which may
include support for ICT-based start-up enterprises through strategic partnerships;
(h) To promote the use of
ICT for the enhancement of key public services, such as education, public
health and safety, revenue generation, and socio-civic purposes;
(i) To encourage the use
of ICT for the development and promotion of the country’s arts and culture,
tourism and national identity;
(j) To promote digital
literacy, ICT expertise, and knowledge-building among citizens to enable them
to participate and compete in an evolving ICT age;
(k) To empower, through
the use of ICT, the disadvantaged segments of the population, including the
elderly, persons with disabilities and indigenous and minority groups;
(l) To ensure the rights
of individuals to privacy and confidentiality of their personal information;
(m) To ensure the
security of critical ICT infrastructures including information assets of the
government, individuals and businesses; and
(n) To provide oversight
over agencies governing and regulating the ICT sector and ensure consumer
protection and welfare, data privacy and security, foster competition and the
growth of the ICT sector.
SEC. 3. Definition
of Terms. – As used in this Act the following terms are defined as
follows:
(a) Information
and Communications Technology or ICT shall mean the
totality of electronic means to access, create, collect, store, process,
receive, transmit, present and disseminate information;
(b) Convergence shall
mean the interface between and among various telephony, radio, video,
broadcasting and multimedia infrastructure, devices and services, enabling
users or subscribers thereof to communicate with one another;
(c) Electronic
Government or E-Government shall mean the use of ICT
by the government and the public to enhance the access to and delivery of
government services to bring about efficient, responsive, ethical, accountable
and transparent government service;
(d) ICT Sector shall
mean those engaged in providing goods and services primarily intended to
fulfill or enable the function of information processing and communication by
electronic means. The ICT sector includes telecommunications and broadcast
information operators, ICT equipment manufacturers, multimedia content
developers and providers, ICT solution providers, internet service providers,
ICT training institutions, software developers and ICT-ES providers;
(e) ICT-Enabled
Services or ICT-ES Sector shall mean those engaged in
providing services that require the intrinsic use of Id’s including engineering
or architectural design, informatics service providers, offshoring and
outsourcing service providers such as call centers, back office processing,
software development, medical or legal transcription, animation, game
development, and other services that require the intrinsic use of a networked
information infrastructure; and
(f) Chief
Information Officer or CIO shall mean a senior
officer in all national government agencies (NGAs), including constitutional
offices, state universities and colleges (SUCs), government-owned and
-controlled corporations (GOCCs), and government financial institutions (GFIs)
responsible for the development and management of the agency’s ICT systems and
applications.
SEC. 4. Creation
of the Department of Information and Communications Technology (DICT). –
There is hereby created the Department of Information and Communications Technology7, hereinafter referred to as the Department.
SEC. 5. Mandate. –
The Department shall be the primary policy, planning, coordinating,
implementing, and administrative entity of the Executive Branch of the
government that will plan, develop, and promote the national ICT development
agenda
SEC. 6. Powers
and Functions. – The Department shall exercise the following powers
and functions:
I. Policy and Planning
(a) Formulate, recommend
and implement national policies, plans, programs and guidelines that will
promote the development and use of ICT with due consideration to the advantages
of convergence and emerging technologies;
(b) Formulate policies
and initiatives, in coordination with the Department of Education (DepED). the
Commission on Higher Education (CHED), and the Technical Education and Skills
Development Authority (TESDA), to develop and promote ICT in education
consistent with the national goals and objectives, and responsive to the human
resource needs of the ICT and ICT-ES sectors;
(c) Provide an integrated
framework in order to optimize all government ICT resources and networks for
the identification and prioritization of all E-Government systems and
applications as provided for m the E-Government Masterplan and the Philippine
Development Plan (PDP);
II. Improved Public
Access
(d) Prescribe rules and
regulations for the establishment, operation and maintenance of ICT
infrastructures in unserved and underserved areas, in consultation with the
local government units (LGUs), civil society organizations (CSOs). private
sector, and the academe;
(e) Establish a free
internet service that can be accessed in government offices and public areas
using the most cost-effective telecommunications technology, through
partnership with private service providers as may be necessary;
III. Resource-Sharing and
Capacity-Building
(f) Harmonize and
coordinate all national ICT plans and initiatives to ensure knowledge,
information and resource-sharing, database-building and agency networking
linkages among government agencies, consistent with E-Government objectives in
particular, and national objectives in general;
(g) Ensure the
development and protection of integrated government ICT infrastructures and
designs, taking into consideration the inventory of existing manpower, plans,
programs, software, hardware, and installed systems;
(h) Assist and provide
technical expertise to government agencies in the development of guidelines in
the enforcement and administration of laws, standards, rules, and regulations
governing ICT;
(i) Assess, review and
support ICT research and development programs of the government in coordination
with the Department of Science and Technology (DOST) and other institutions
concerned;
(j) Prescribe the
personnel qualifications and other qualification standards essential to the
effective development and operation of government ICT infrastructures and
systems;
(k) Develop programs that
would enhance the career advancement opportunities of ICT workers in
government;
(l) Assist in the dissemination
of vital information essential to disaster risk reduction through the use of
ICT:
(m) Represent and
negotiate for Philippine interest on matters pertaining to ICT in international
bodies, in coordination with the Department of Foreign Affairs (DFA) and other
institutions concerned;
IV. Consumer Protection
and Industry Development
(n) Ensure and protect
the rights and welfare of consumers and business users to privacy, security and
confidentiality in matters relating to ICT, in coordination with agencies
concerned, the private sector and relevant international bodies;
(o) Support the promotion
of trade and investment opportunities in the ICT and ICT-ES sectors, in
coordination with the Department of Trade and Industry (DTI) and other relevant
government agencies and the private sector;
(p) Establish guidelines
for public-private partnerships in the implementation of ICT projects for
government agencies; and
(q) Promote strategic
partnerships and alliances between and among local and international ICT, research
and development, educational and training institutions, to speed up industry
growth and enhance competitiveness of Philippine workers, firms, and small and
medium enterprises in the global markets for ICT and ICT-ES.
SEC. 7. 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.
SEC. 8. Secretary
of Information and Communications Technology. – The Secretary shall be
appointed by the President, subject to 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) Review and approve
requests for financial and manpower resources of all operating offices of the
Department;
(d) Designate and appoint
officers and employees of the Department, excluding the undersecretaries,
assistant secretaries, and regional and assistant regional directors, in
accordance with the civil service laws, rules and regulations;
(e) Exercise disciplinary
powers over officers and employees of the Department in accordance with law,
including their investigation and the designation of a committee or officer to
conduct such investigation;
(f) Coordinate with
IX5Us. other agencies and public and private interest groups, including
nongovernment organizations (NGOs) and people’s organizations (POs) on
Department policies and initiatives;
(g) Prepare and submit to
the President through the Department of Budget and Management (DBM) an estimate
of the necessary expenditures of the Department during the next fiscal year, on
the basis of the reports and estimates submitted by bureaus and offices under
him/her;
(h) Serve as a member of
the Government Procurement Policy Board (GPPB) as established by Republic Act
No. 9184;
(i) Advise the President
on the promulgation of executive and administrative orders and formulation of
regulatory and. legislative proposals on matters pertaining to ICT development;
(j) Formulate such rules
and regulations and exercise such other powers as may be required to implement
the objectives of this Act: and
(k) Perform such other
tasks as may be provided by law or assigned by the President.
SEC. 9. Undersecretaries.
– The Secretary shall be assisted by three (3) undersecretaries, who
shall be appointed by the President upon the recommendation of the
Secretary: Provided, That two (2) of the undersecretaries
shall be career officers.
SEC.10. Assistant Secretaries. –
The Secretary shall be assisted by four (4) assistant secretaries who shall be
appointed by the President upon the recommendation of the Secretary: Provided, That
two (2) of the assistant secretaries shall be career officers: Provided,
further,That at least one (1) of the assistant secretaries shall be a licensed
Professional Electronics Engineer (PECE), or any suitably qualified person in
accordance with Civil Service Commission (CSC) rules and regulations.
SEC.11. Qualifications. –
No person shall be appointed Secretary, Undersecretary, or Assistant Secretary
of the Department unless he or she is a citizen and resident of the
Philippines, of good moral character, of proven integrity and with at least
seven (7) years of competence and expertise in any of the following:
information and communications technology, information technology service
management, information security management, cybersecurity, data privacy.
e-Commerce, or human capital development in the ICT sector.
SEC. 12. Regional
Offices – The Department may establish, operate, and maintain a regional
office in the different administrative regions of the country as the need
arises. Each regional office shall be headed by a Regional Director, who may be
assisted by one (1) Assistant Regional Director. The Regional Director and
Assistant Regional Director shall be appointed by the President. 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 the
LGUs; and
(e) Perform such other
functions as may be provided by law or assigned by the Secretary.
SEC. 13. Chief
Information Officer (CIO) Council. – The Department shall
facilitate the creation of the CIO Council, which shall consist of CIOs, with
the Secretary serving as the Chairman, to assist the Department in the
implementation of government ICT initiatives.
SEC. 14. 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, CSOs, and federation of private industries directly
involved in ICT, as well as representatives of other NGAs. LGUs and GOCCs may
be appointed to these working groups. Government IT professionals may also be
tapped to partake in the work of the Department through, these working groups.
SEC. 15. Transfer
of Agencies and Personnel. –
(a) The following
agencies are hereby abolished, and their powers and functions, applicable funds
and appropriations, records, equipment, property, and personnel transferred to
the Department:
(1) Information and
Communications Technology Office (ICTO);
(2) National Computer
Center (NCC);
(3) National Computer
Institute (NCI);
(4) Telecommunications
Office (TELOF);
(5) National
Telecommunications Training Institute (NTTT); and
(6) All operating units
of the Department of Transportation and Communications (DOTC) with functions
and responsibilities dealing with communications.
All offices, services,
divisions, units and personnel not otherwise covered by this Act for transfer
to the Department shall be retained under the DOTC which is hereby renamed the
Department of Transportation.
(b) The following
agencies are hereby attached, to the Department for policy and program
coordination, and shall continue to operate and function in accordance with the
charters, laws or orders creating them, insofar as they are not inconsistent
with this Act:
(1) National
Telecommunications Commission;
(2) National Privacy
Commission; and
(3) Cybercrime
Investigation and Coordination Center (CICC)
(i) All powers and
functions related to cybersecurity including, but not limited to the
formulation of the National Cybersecurity Plan, establishment of the National
Computer Emergency Response Team (CERT), and the facilitation of international
cooperation on intelligence regarding cybersecurity matters are transferred to
the Department; and
(ii) The CICC shall be
chaired by the DICT Secretary.
(c) The laws and rules on
government reorganization as provided for in Republic Act No. 6656, otherwise
known as the Reorganization Law, shall govern the reorganization process of the
Department.
SEC. 16. Separation
and Retirement from Service. – Employees who are separated from
service within six (6) months from the effectivity of this Act as a result of
the consolidation and/or reorganization under the provisions of this Act shall
receive separation benefits to which they may he entitled under Executive Order
No. 366, s. 2004: Provided, That those who are qualified to
retire under existing retirement laws shall be allowed to retire and receive
retirement benefits to which they may be entitled under applicable laws and
issuances.
SEC. 17. Structure
and Staffing Pattern. – Subject to the approval of the DBM, the
Department shall determine its organizational structure and create new
divisions or units as it may deem necessary, and shall appoint officers and
employees of the Department in accordance with the civil service law, rules,
and regulations.
SEC. 18. Magna
Carta. – Qualified employees of the Department and its attached
agencies shall be covered by Republic Act No. 3439, which provides a magna
carta for scientists, engineers, researchers and other science and technology
personnel in tie government.
SEC. 19. Transition
Period. – The transfer of functions, assets, funds, equipment,
properties, transactions, and personnel of the affected agencies, and the
formulation of the internal organic structure, staffing pattern, operating
system, and revised budget of tin Department, shall be completed within six (6)
months from the effectivity of this Act, during which time, the existing
personnel shall continue to assume their posts in holdover capacities until new
appointments are issued: Provided, That after the abolition of
tie agencies as specified in Section 15(a) of this Act, the Department, in
coordination with the DBM, shall determine and create new positions, the
funding requirements of which shall not exceed the equivalent cost of positions
abolished.
SEC 20. Appropriation,. –
The amount needed for the initial implementation of this Act shall be taken
from the current fiscal year’s appropriation of the ICTO and all agencies
herein absorbed. by or attached to the Department. Thereafter, the amount
needed for the operation and maintenance of the Department shall be included in
the General Appropriations Act
SEC 21. Implementing
Rules and Regulations. – The ICTC, the DBM, the CSC, and other
government agencies concerned shall issue within sixty (60) days from the
effectivity of this Act. the necessary rules and regulations for the effective
implementation of this Act.
SEC. 22. 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.
SEC. 23. 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.
SEC. 24. Effectivtiy. –
This Act shall take effect fifteen (15; days after its publication in at least
two (2) newspapers of general circulation.
Approved: MAY 23 2016.