SIXTEENTH CONGRESS OF THE REPUBLIC 
of THE PHILIPPINES 
Second Regular Session 
SENATE 
S.No. 
2811 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
'15 
JUN -8 P4 :19 
PROVIDING ACCESS TO INDIGENOUS CULTURAL 
COMMUNITIES/INDIGENOUS PEOPLES TO VARIOUS INFORMATION AND 
COMMUNICATIONS TECHNOLOGY 
EXPLANATORY NOTE 
United Nations Development Program (UNDP) cites the importance of linking the 
indigenous sector with the information highway. Further, UNDP Deputy Resident 
Representative Ms. Ricarda Rieger states that "providing the indigenous sector with 
access to information and communication technology will give them more chances to 
empower themselves and will eventually strengthen indigenous people's governance 
initiatives. " 
A report of the G-8's Digital Opportunity Task Force concludes that information 
and communication technology or ICT, when wisely applied, offers enormous 
opportunities to narrow social and economic inequalities and support sustainable local 
wealth creation. The inequality in the access to ICT is referred to as the "digital divide" 
defined by the Organization for Economic Cooperation and Development as the gap that 
exists in the opportunities to access advanced information and communication 
technologies between geographic areas or by individuals at different socio-economic 
levels. 
The bill seeks to provide Indigenous Cultural Communities/Indigenous Peoples 
(lCC/IP) access to ICT. It also seeks to direct the National Commission on Indigenous 


, , 
Peoples, in coordination with the National Telecommunications Commission and the 
National Computer Center under the Department of Science and Technology, to 
formulate plans and programs on ICT for ICC/IP. 1 
~~~)~ 
MIRIAM DEFI~~BOR SANTI/GO 
~ 
1 This bill was originally filed during the Fourteenth Congress, First Regular Session. 
2 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S. No. 2811 
) 
) 
) 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
'15 
JUN -8 P4 :19 
HE(,EIVEIl HY: ___ ~~ 
PROVIDING ACCESS TO INDIGENOUS CULTURAL 
COMMUNITIES/INDIGENOUS PEOPLES TO VARIOUS INFORMATION AND 
COMMUNICATIONS TECHNOLOGY 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the "Indigenous Peoples 
2 
Connectivity Act." 
3 
SECTION 2. Declaration of Policy. - It is the declared policy of the State to 
4 
recognize and promote the rights of indigenous cultural communities within the 
5 
framework of national unity and development; and to recognize the vital role of 
6 
communication and information in nation-building. 
7 
SECTION 3. Purposes. - The purposes of this Act are to-
8 
(A) Promote affordable and universal access among ICCIIP to telecommunications 
9 
and information technology in their localized area; 
10 
(B) Encourage and promote indigenous economic development, self-sufficiency, 
11 
and strong indigenous governments; 
12 
(C) Enhance the health ofICC/IP through the availability and use oftelemedicine 
13 
and telehealth; 


(D) Improve the quality of kindergarten, primary, secondary, postsecondary, and 
2 
job-related training of ICC/IP, through enhanced and sustained information technology 
3 
infrastructure; and 
4 
(E) Assist in the retention and preservation of native languages and cultural 
5 
traditions. 
6 
SECTION 4. Definition a/Terms. - For purposes of this Act, the following terms 
7 
mean-
8 
(A) "Block Grant" refers to a grant provided under Section 6. 
9 
(B) "Chairperson" refers to the Chairperson of the National Commission on 
10 
Indigenous Peoples (NCIP). 
II 
(C) "Commission" refers to the NCIP created under Republic Act No. 8571 or the 
12 
"Indigenous Peoples Rights Act." 
13 
(D) "Council" refers to the Indigenous Peoples Connectivity Coordinating 
14 
Council, which formulates plans and programs in the implementation of the provisions of 
IS 
this Act. 
16 
(E) "Eligible Activity" refers to an activity carried out to -
17 
(1) acquire or lease real property (including licensed spectrum, water rights, 
18 
dark fiber, exchanges, and other related interests) to provide telecommunications 
19 
services, facilities, and improvements; 
20 
(2) acquire, construct, reconstruct, or install communications facilities, 
21 
sites, improvements (including design features), or utilities; 
22 
(3) retain any real property acquired under this Act for ICC/IP 
23 
communications purposes; 
24 
(4) carry out activities necessary to: (a) develop a comprehensive 
25 
telecommunications development plan; and (b) develop a policy, planning and 
26 
management capacity so that an eligible entity can more rationally and effectively 
2 


1 
(i) determine the needs of the entity; 
2 
(ii) set long-term and short-term goals; 
3 
(iii) devise programs and activities to meet the goals of the entity, 
4 
including, if appropriate, telehealth, 
5 
(iv) evaluate the progress of the programs and activities in meeting 
6 
the goals of the entity; and 
7 
(v) carry out management, coordination, and monitoring of activities 
8 
necessary for effective planning implementation. 
9 
(5) pay reasonable administrative costs and carrying charges related to the 
10 
planning and execution of telecommunications development activities, including 
11 
the provision of information and resources about the planning and execution of the 
12 
activities to residents of areas in which telecommunications development activities 
13 
are to be concentrated; 
14 
(6) 
increase the 
capacity 
of an 
eligible 
entity 
to 
carry 
out 
15 
telecommunications regulations and related regulatory matters; 
16 
(7) provide assistance to institutions of higher education (including 
17 
indigenous colleges and universities) that have a demonstrated capacity to carry 
18 
out eligible activities; 
19 
(8) enable an eligible entity to facilitate telecommunications development 
20 
by - (a) providing technical assistance, advice, and business support services 
21 
(including services for developing business plans, securing funding, and 
22 
conducting marketing); and (b) providing general support (including peer support 
23 
programs and mentoring programs) to ICCIIP in developing telecommunications 
24 
projects. 
3 


1 
(9) ,evaluate eligible activities to ascertain and promote effective 
2 
telecommuqications and information technology development practices and 
, 
3 
usages among ICClP; or 
, 
4 
(10) ! provide research, analysis, data collection, data organization, and 
5 
dissemination of information relevant to telecommunications and infonnation 
6 
technology to ICC/IP for the purpose of promoting effective telecommunications 
i 
7 
and information technology development practices and usages among them. 
i 
8 
(F) "Eligibl~ Entity" - refers to an organization of indigenous peoples, indigenous 
I 
9 
cultural communities, private or public institution of higher education acting under an 
, 
, 
10 
agreement with th~ ICC/IP. 
i 
11 
(G) "Indigenous Cultural Communities/ Indigenous Peoples (ICCIP)" - as defined 
12 
in the Indigenous Peoples Rights Act of 1997, refers to a group ofpeopJe or homogenous 
13 
societies identified by self-ascription and ascription by others, who have continuously 
14 
lived as organized community on communally bounded and defined territory, and who 
15 
have, under claims of ownership since time immemorial, occupied, possessed customs, 
16 
tradition and other distinctive cultural traits, or who have, through resistance to political, 
17 
social and cultural inroads of colonization, non-indigenous religions and culture, became 
18 
historically differentiated from the majority of Filipinos. ICCs/IPs shall likewise include 
19 
peoples who are regarded as indigenous on account of their descent from the populations 
20 
which inhabited the country at the time of conquest or colonization, or at the time of 
21 
inroads of non-indigenous religions and cultures, or the establishment of present state 
22 
boundaries, who retain some or all of their own social, economic, cultural and political 
23 
institutions, but who may have been displaced from their traditional domains or who may 
24 
have resettled outside their ancestral domains. 
25 
(H) "Information Technology" - refers to any equipment or interconnected system 
26 
or subsystem of equipment that is used in the automatic acquisition, storage, analysis, 
4 


evaluation, 
manipulation, 
management, 
movement, 
control, 
display, 
switching, 
2 
interchange, transmission, or reception of data or information. It includes computers, 
3 
ancillary equipment (including imaging peripherals, input, output, and storage devices 
4 
necessary for security and surveillance), peripheral equipment designed to be controlled 
5 
by the central processing unit of a computer, software, firmware and similar procedures, 
6 
services (including support services), and related resources. 
7 
(I) "NCC" - refers to the National Computer Center under the Department of 
8 
Science and Technology. 
9 
(J) "NTC" - refers to the National Telecommunications Commission. 
1 0 
(K) "Technical Assistance" - refers to the facilitation of skills and knowledge in 
11 
planning, developing, assessing, and administering eligible activities. 
12 
(L) "Training and Technical Assistance Grant" - refers to a grant provided under 
13 
Section7. 
14 
(M) "Telehealth" -
refers to the use of electronic information and 
15 
telecommunications technologies to support long-distance clinical health care, patient and 
16 
professional health-related education, public health, and health administration. 
17 
SECTION 5. Indigenous Peoples Connectivity Coordinating Council. -
A 
18 
Coordinating Council shall be established to formulate plans and programs in connection 
19 
with the implementation of the provisions of this Act. This Council shall be composed of 
20 
the following officials or their representatives: Chairperson of the NC1P, the 
21 
Commissioner of the NTC and the Director of the NCC. The Council shall be supported 
22 
by a Secretariat. 
5 


· , 
1 
SECTION 6. Block Grant Program. -
2 
(A) Establishment. 
-
There is 
established within the NTC a Rural 
3 
Telecommunications Block Grant Program to provide grants on a competitive basis to 
4 
eligible entities to carry out activities under Section 4(E). 
5 
(B) Block Grants. - The Commissioner may provide a block grant to an eligible 
6 
entity that submits a block grant application to the NTC for approval. 
7 
(C) Eligible Activities. - A grant under this Section may only be used for an 
8 
eligible activity. 
9 
(D) Regulations. - Not later than one hundred eighty (180) days after the date of 
10 
enactment of this Act, the Commissioner shall promulgate regulations establishing 
11 
specific criteria for the competition conducted to select eligible entities to receive grants 
12 
under this Section for each fiscal year. 
13 
SECTION 7. Training and Technical Assistance Grants. -
14 
(A) Notification and Criteria - The Council shall provide notice of the availability 
15 
of training and technical assistance grants and publish criteria for selecting recipients. 
16 
(B) Grants. - The NCC and NTG may provide training and technical assistance 
17 
grants to eligible entities with a demonstrated capacity to carry out eligible activities. 
18 
(C) Use of Funds. - A training and technical assistance grant shall be used to 
19 
(I) develop a training program to facilitate local use and maintenance of 
20 
new telecommunications technologies; 
21 
(2) develop and implement 
22 
23 
24 
25 
26 
(a) 
telecommunications and information technology work study 
programs; 
(b) post-secondary telecommunications and information technology-
related education, development, planning and management programs; and 
(c) a training program for telecommunications employees; 
6 


2 
3 
4 
5 
(3) provide assistance to students who 
(a) participate in telecommunications or information technology 
work study programs; 
(b) are enrolled in a full-time graduate or undergraduate program in 
telecommunications-related 
education, 
development, 
planning, 
or 
6 
management. 
7 
(D) Treatment. - A training and technical assistance grant to an entity shall be in 
8 
addition to any block grant provided to the entity. 
9 
(E) Provision o/Technical Assistance by the Commission. - The Commission may 
10 
provide technical assistance, directly or through contracts, to - (1) eligible entities; and 
11 
(2) persons or entities that assist ICC/IP organizations. 
12 
SECTION 8. Compliance. -
13 
(A) Audit by the Commission on Audit (CGA). -
14 
(I) In General. - The COA may audit any financial transaction involving 
15 
grant funds carried out by a block grant recipient or training and technical 
16 
assistance grant recipient. 
17 
(2) Scope 0/ Authority. - In conducting an audit under paragraph (I), the 
18 
COA shall have access to all books, accounts, records, reports, files, papers, 
19 
things, or property belonging to or in use by the grant recipient that relate to the 
20 
financial transaction and are necessary to facilitate the audit. 
21 
(B) Environmental Protection and Indigenous Peoples Rights. -
22 
(1) In General. - After consultation with rural communities, the Council 
23 
may promulgate regulations to - (a) ensure that the policies of the Indigenous 
24 
Peoples Rights Act of 1997 and other laws further the purposes of that Act (as 
25 
specified by the regulations), are most effectively implemented in connection with 
7 


1 
the expenditure of funds under this Act; and (b) assure the public of undiminished 
2 
protection of the environment. 
3 
(2) Substitute Measures. - The Council may provide for the release of 
4 
funds under this Act for eligible activities to grant recipients that assume all of the 
5 
responsibilities for environmental review, decision-making, and related action. 
6 
SECTION 9. Remedies for Non-Compliance. - If the Council finds, on the record 
7 
after opportunity for an agency hearing, that a block grant recipient or training and 
8 
technical assistance grant recipient has failed to comply substantially with any provision 
9 
of this Act, the Council, until satisfied that there is no longer a failure to comply, shall -
10 
(1) terminate payments to the grant recipient; 
11 
(2) reduce payments to the grant recipient by an amount equal to the 
12 
amount of payments that were not expended in accordance with this Act; 
13 
(3) limit the availability of payments under this Act to programs, projects, 
14 
or activities not affected by the failure to comply; or 
15 
(4) refer the matter to the Solicitor General with a recommendation that the 
16 
Solicitor General bring an appropriate civil action. 
17 
SECTION 10. Reporting Requirements. -
18 
(A) Annual Report to Congress. - Not later than one hundred eighty (180) days 
19 
after the end of each fiscal year in which assistance under this Act is provided, the 
20 
Council shall submit to Congress a report that includes -
21 
(1) a description of the progress made in accomplishing the objectives of 
22 
this Act; 
23 
(2) a summary of the use of funds under this Act during the preceding fiscal 
24 
year; and 
8 


(3) an evaluation of the status of telephone, internet, and personal computer 
2 
penetration rates, by type of technology, among ICCIIP. 
3 
(B) Reports to the Council. - The Council may require grant recipients under this 
4 
Act to submit reports and other information. 
5 
SECTION 11. Consultation. - The Council shall consult with other government 
6 
agencies 
administering 
grant 
programs 
relating 
to 
the 
development 
of 
7 
telecommunications capacities or infrastructure. 
8 
SECTION 12. Appropriations. - To carry out the provisions of this Act, such 
9 
sums as may be necessary are hereby authorized to be appropriated from the National 
10 
Treasury. 
11 
SECTION 13. Separability Clause. - If any provision of this Act is held invalid or 
12 
unconstitutional, the same shall not affect the validity and effectivity of the other 
13 
provisions hereof. 
14 
SECTION 14. Repealing Clause. - All laws, decrees, orders, and issuances, or 
15 
portions thereof, which are inconsistent with the provisions of this Act, are hereby 
16 
repealed, amended or modified accordingly. 
17 
SECTION 15. Effectivity Clause. - This Act shall take effect fifteen (15) days 
18 
after its publication in the Official Gazette or in two (2) newspapers of general 
19 
circulation. 
Approved, 
Irapt4June2015 
9