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Executive Orders

Creating the Commission on Information and Communications Technology

Executive Order No. 269

MALACAÑANG
Manila

BY THE PRESIDENT OF THE PHILIPPINES


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...

Summary of Executive Order No. 269

Creation of the Commission on Information and Communications Technology (Commission)
• Section 1: Creates the Commission on Information and Communications Technology, attached to the Office of the President.

Mandate and Policies of the Commission
• Section 2: The Commission is the primary policy, planning, coordinating, implementing, regulating, and administrative entity for ICT systems, communication facilities, and services.
• Policies include:
- Ensuring strategic, reliable, and cost-efficient ICT infrastructure, systems, and resources (Section 2a)
- Promoting a level playing field, public-private partnerships, foreign investments, and private sector participation in ICT development (Section 2b)
- Fostering convergence of ICT facilities (Section 2c)
- Ensuring universal access and high-speed connectivity at fair and reasonable cost (Section 2d)
- Providing ICT services in underserved areas (Section 2e)
- Promoting the use of emerging ICT (Section 2f)
- Establishing a strong regulatory system for consumer protection and competition (Section 2g)
- Developing ICT expertise in the country's human capital (Section 2h)
- Ensuring the growth of ICT industries (Section 2i)
- Preserving individual privacy and confidentiality (Section 2j)
- Encouraging the use of ICT for arts, culture, education, public health and safety, and other socio-civic purposes (Section 2k)

Composition of the Commission
• Section 3: The Commission is composed of the National Computer Center, Telecommunications Office (TELOF), and other DOTC units supporting communications.
• The National Telecommunications Commission and the Philippine Postal Corporation are attached to the Commission.
• The Commission is headed by a Cabinet-ranked Chairman, assisted by the Director-General of NCC, Chief of TELOF (as Commissioners), and two additional Commissioners.

Powers and Functions of the Commission
• Section 4: The Commission has the following powers and functions:
- Formulating and recommending national ICT policies and guidelines (Section 4a)
- Initiating, harmonizing, and coordinating all ICT plans (Section 4b)
- Establishing and administering comprehensive and integrated ICT programs at all levels (Section 4c)
- Designing, implementing, and protecting an integrated government ICT infrastructure program (Section 4d)
- Providing an integrating framework and overseeing e-government systems and applications, and managing the e-Government Fund (Section 4e)
- Coordinating the generation of resources for the development and growth of the Philippine ICT industry (Section 4f)
- Developing and implementing ICT application capability in the national government (Section 4g)
- Encouraging and establishing guidelines for private sector funding of government ICT projects (Section 4h)
- Providing strategic direction to government ICT research and development programs (Section 4i)
- Establishing rules and regulations for ICT facilities in underserved areas (Section 4j)
- Establishing rules and regulations for the nationwide postal system (Section 4k)
- Administering and enforcing ICT laws, standards, rules, and regulations, and ensuring the protection of ICT-related intellectual property rights (Section 4l)
- Ensuring consumer protection, welfare, and privacy rights (Section 4m)
- Harmonizing, synchronizing, and coordinating all ICT and e-commerce policies, plans, and programs (Section 4n)
- Assisting the Department of Trade and Industry in promoting trade and investment opportunities in ICT services (Section 4o)
- Promoting strategic partnerships and alliances among local and international ICT firms, institutions, and technology providers (Section 4p)
- Planning and implementing activities to enhance the competitiveness of Philippine workers, firms, and SMEs in the global ICT market (Section 4q)
- Formulating policies and initiatives for IT education and the application of ICT in education (Section 4r)
- Performing other powers and functions as prescribed by laws or assigned by the President (Section 4s)

Agency Responsibilities
• Section 5: The Commission is complemented by appropriate agencies and offices of government:
- The National Computer Center (NCC) coordinates all e-government initiatives and the implementation of government IT plans (Section 5a).
- The Telecommunications Office (TELOF) supports the development of an information infrastructure (Section 5b).
- Other DOTC units supporting communications are consolidated under the Office of the Chairman (Section 5c).
- The Commission is supported by and coordinates with the National Telecommunications Commission (NTC) and the Philippine Postal Corporation (PPC) (Section 5).

Structure and Pattern
• Section 6: The Commission shall submit its organizational structure and staffing pattern to the Office of the President within 60 days.

Performance Evaluation
• Section 7: The Chairman shall formulate and enforce a system of measuring and evaluating the Commission's performance periodically and objectively, and submit it annually to the President.

Implementing Rules and Regulations
• Section 8: The Chairman shall promulgate and issue necessary rules, regulations, and other issuances within 60 days from the approval of this Executive Order.

Funding
• Section 9: Funds for the necessary expenses for the operations of the Commission are subject to existing accounting and auditing laws and procedures.

Transitory Provisions
• Section 10: The NCC, TELOF, and other DOTC units supporting communications are transferred to the Commission.
• Affected regular or permanent employees shall not suffer any loss of seniority, rank, or decrease in emoluments.

Repealing Clause
• Section 11: All presidential acts, executive orders, rules and regulations, or parts thereof, which are inconsistent with this Executive Order, are hereby repealed, amended, or modified accordingly.

Effectivity
• Section 12: This Order shall take effect immediately.

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