Republic of the Philippines
Congress of the Philippines
Metro ManilaEleventh Congress
Republic Act No. 8747 June 01, 1999
AN ACT REQUIRING DISCLOSURE OF YEAR 2000 STATEMENTS AND READINESS OF COMPUTER BASED SYSTEMS, PRODUCTS, AND SERVICES, PROVIDING FUNDS THEREFORE AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled::
Section 1. Title. - This Act shall be known as "Philippine Year 2000 Disclosure and Readiness Act".
Section 2. Coverage. - All computer-based systems, products, services and products with embedded systems shall be covered by this Act.
Section 3. Declaration of State Policies. - In meeting the challenges posed by the millennium bug, the State recognizes the vital importance of science and technology in providing a stable environment for the national development agenda. It likewise recognizes the need to protect the public from the effects of Y2K problem. The State needs to attain Y2K readiness to protect the national interest and safeguard the state of well being of the Filipino nation.
Section 4. Definitions...
Details
Amends
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Amended by
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Republic Acts
AN ACT REQUIRING DISCLOSURE OF YEAR 2000 STATEMENTS AND READINESS OF COMPUTER- BASED SYSTEMS AND PRODUCTS
Republic Act No. 8747
Summary of Republic Act No. 8747 (Philippine Year 2000 Disclosure and Readiness Act)
Title and Coverage (Sections 1-2):
- This law is known as the "Philippine Year 2000 Disclosure and Readiness Act".
- It covers all computer-based systems, products, services, and products with embedded systems.
State Policies and Definitions (Sections 3-4):
- The State recognizes the importance of science and technology in providing a stable environment for national development and the need to protect the public from the effects of the Y2K problem. (Section 3)
- Definitions of key terms such as "Y2K bug", "Y2K compliant systems and products", "Y2K ready", "embedded systems", "life-threatening", "Year 2000 processing", "Maker", "Year 2000 Statement", "Year 2000 readiness disclosure", "Year 2000 remediation product or service", "mission-critical", and "Y2K solution provider". (Section 4)
Disclosure of Year 2000 Statement (Sections 5-6):
- Government entities, private corporations, partnerships, associations, and individuals engaged in mission-critical activities are required to disclose a Year 2000 statement, including their contingency plans, to the Presidential Commission on Year 2000 Compliance and private entities they transact with. (Section 5)
- Non-disclosure of a Year 2000 statement creates a disputable presumption that their systems and products are not Y2K ready. (Section 6)
Protection for Year 2000 Statement Disclosure (Section 7):
- A Year 2000 statement made in good faith shall not be admissible as evidence against the Maker to prove its accuracy or truth in any action brought by another party. (Section 7)
Liabilities (Section 8):
- Manufacturers, distributors, producers, vendors, dealers, entities covered in Section 4(l), and Makers shall be liable for damages for any malfunctioning or defects of their systems and products if not Y2K ready, in accordance with existing laws. (Section 8)
Implementing Agency and Y2K Remediation (Sections 9-10):
- The Presidential Commission on Year 2000 Compliance shall enforce the provisions of this Act and promulgate the necessary implementing rules and regulations within fifteen (15) days from its effectivity. (Section 9)
- Government agencies may undertake Y2K remediation activities utilizing Y2K solution providers from the private or public sector, including the Technology Livelihood Resource Center (TLRC), through a canvass process to determine the most advantageous solution. (Section 10)
Contingency Planning (Section 11):
- The National Security Council, as the lead agency, shall formulate a National Y2K Contingency Plan in collaboration with the Presidential Commission on Year 2000 Compliance, Department of Science and Technology (DOST), National Computer Center (NCC), National Disaster Coordinating Council (NDCC), and Technology and Livelihood Resource Center (TLRC). (Section 11)
- Government agencies shall submit their own contingency plans to the National Security Council, outlining steps to be taken in case of disruptions due to the millennium bug. (Section 11)
Non-compliance and Appropriations (Sections 12-14):
- Heads of government agencies who fail to comply with the provisions of this Act shall be charged administratively, without prejudice to civil or criminal cases. (Section 12)
- Funds necessary to implement this Act shall be charged against the Contingent Fund, and government agencies may realign funds from existing appropriations and savings for Y2K remediation activities and related activities. (Section 13)
- Implementing and concerned agencies shall submit reports on budgetary adjustments made for Y2K readiness activities. (Section 14)
Congressional Oversight and Repealing/Separability/Effectivity Clauses (Sections 15-18):
- A Congressional Oversight Committee on the Y2K bug is created to review and assess the disclosure and state of Y2K readiness and the implementation of this Act. (Section 15)
- All laws, decrees, executive orders, rules and regulations inconsistent with this Act are repealed or modified accordingly. (Section 16)
- If any provision of this Act is declared invalid or unconstitutional, the remainder shall not be affected. (Section 17)
- This Act shall take effect immediately upon publication in a newspaper of general circulation. (Section 18)
Title and Coverage (Sections 1-2):
- This law is known as the "Philippine Year 2000 Disclosure and Readiness Act".
- It covers all computer-based systems, products, services, and products with embedded systems.
State Policies and Definitions (Sections 3-4):
- The State recognizes the importance of science and technology in providing a stable environment for national development and the need to protect the public from the effects of the Y2K problem. (Section 3)
- Definitions of key terms such as "Y2K bug", "Y2K compliant systems and products", "Y2K ready", "embedded systems", "life-threatening", "Year 2000 processing", "Maker", "Year 2000 Statement", "Year 2000 readiness disclosure", "Year 2000 remediation product or service", "mission-critical", and "Y2K solution provider". (Section 4)
Disclosure of Year 2000 Statement (Sections 5-6):
- Government entities, private corporations, partnerships, associations, and individuals engaged in mission-critical activities are required to disclose a Year 2000 statement, including their contingency plans, to the Presidential Commission on Year 2000 Compliance and private entities they transact with. (Section 5)
- Non-disclosure of a Year 2000 statement creates a disputable presumption that their systems and products are not Y2K ready. (Section 6)
Protection for Year 2000 Statement Disclosure (Section 7):
- A Year 2000 statement made in good faith shall not be admissible as evidence against the Maker to prove its accuracy or truth in any action brought by another party. (Section 7)
Liabilities (Section 8):
- Manufacturers, distributors, producers, vendors, dealers, entities covered in Section 4(l), and Makers shall be liable for damages for any malfunctioning or defects of their systems and products if not Y2K ready, in accordance with existing laws. (Section 8)
Implementing Agency and Y2K Remediation (Sections 9-10):
- The Presidential Commission on Year 2000 Compliance shall enforce the provisions of this Act and promulgate the necessary implementing rules and regulations within fifteen (15) days from its effectivity. (Section 9)
- Government agencies may undertake Y2K remediation activities utilizing Y2K solution providers from the private or public sector, including the Technology Livelihood Resource Center (TLRC), through a canvass process to determine the most advantageous solution. (Section 10)
Contingency Planning (Section 11):
- The National Security Council, as the lead agency, shall formulate a National Y2K Contingency Plan in collaboration with the Presidential Commission on Year 2000 Compliance, Department of Science and Technology (DOST), National Computer Center (NCC), National Disaster Coordinating Council (NDCC), and Technology and Livelihood Resource Center (TLRC). (Section 11)
- Government agencies shall submit their own contingency plans to the National Security Council, outlining steps to be taken in case of disruptions due to the millennium bug. (Section 11)
Non-compliance and Appropriations (Sections 12-14):
- Heads of government agencies who fail to comply with the provisions of this Act shall be charged administratively, without prejudice to civil or criminal cases. (Section 12)
- Funds necessary to implement this Act shall be charged against the Contingent Fund, and government agencies may realign funds from existing appropriations and savings for Y2K remediation activities and related activities. (Section 13)
- Implementing and concerned agencies shall submit reports on budgetary adjustments made for Y2K readiness activities. (Section 14)
Congressional Oversight and Repealing/Separability/Effectivity Clauses (Sections 15-18):
- A Congressional Oversight Committee on the Y2K bug is created to review and assess the disclosure and state of Y2K readiness and the implementation of this Act. (Section 15)
- All laws, decrees, executive orders, rules and regulations inconsistent with this Act are repealed or modified accordingly. (Section 16)
- If any provision of this Act is declared invalid or unconstitutional, the remainder shall not be affected. (Section 17)
- This Act shall take effect immediately upon publication in a newspaper of general circulation. (Section 18)