FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
,·S. No. 1 0 4 0 
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Introduced by Senator Manuel "Lito" M. Lapid 
EXPLANATORY NOTE 
The information and communications technology (ICT) is a vital tool in the 
development of an electronic society. Being connected digitally provides us with easy 
access and fast links, thus, making the use of ICT highly essential in our economic 
growth, educational advancement, awareness enhancement, market facilitation and 
public participation. 
The passage of Republic Act No. 8792, otherwise known as the "E-Commerce 
Act", has liberalized the country from the confinements of the traditional way of 
transacting business and effecting. communications. However, due to the dispersed 
attention of different agencies towards implementing its mandate, the country has 
lagged behind other Asian neighbors in terms of linking itself internally. Hence, it is but 
necessary to fortify the government's commitment to making the advantages of the ICT 
available to the Filipino people. 
Issues on infrastructure, regulations, convergence, security, digital, divide, 
interoperability of laws, among othElrs, must be focused on by a single department to 
intensify government initiatives to catch up with the rest of the wired world. Hence, the 
creation of a separate key department that will focus exclusively on the promotion of 
communication and information technology is deemed vital. 
This bill seeks to transform and integrate the existing Department of 
Transportation and Communications, National Computer Center and other ICT functions 
of other key agencies into two separate departments, namely: the Department of 
Information and Communications Technology (DICT) which shall be the primary agency 
in charge of the promotion and development of integrated and strategic information and 
communications 
technology 
(ICT) 
systems 
and 
reliable 
and 
cost-efficient 
communications facilities and services, and the Department of Transportation which will 
concentrate on government programs and projects related to transportation. 
This proposed integration of 'functions is in fact putting in place a systematic 
direction in our government bureaucracy rather than establishing an unnecessary 
addition to the existing ones. 
In view.of the foregoing, the passage of this measure is earnestly sought. 
c;:>'<?C .) 
MANUEL "LITO" M. LAPib 
Senator 


, ",', 
~ ';. 
FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
) 
) 
) 
First Regular Session 
SENATE 
S. No. 1040 
Introduced by Senator Manuel "Lito" M. Lapid 
, 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 Communicatio,ns Technology Act of 2010." 
State: 
SEC. 2. 
Declaration of: Policy. - It is hereby declared the policy of the 
a, 
To ensure the provision of strategic, reliable and cost-efficient information 
and communications technology (lCT) infrastructure, systems, and 
resources as instruments for nation-building and global competitiveness; 
"Information and Communication Technology (leT) is defined as the 
totality of electronic means to coliect, store, process and present 
information to end-users in support of their activities. It consists 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 government 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 leT computer; 
c. 
To foster and accelerate development of convergent networks of leT 
facilities; 
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; 
1 


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; 
I. 
To sustain the development of the nationwide system as an integral 
component of the overall development of ICT in the country. 
SEC. 3. 
Creation 
of 
the 
Department 
of 
Information 
and 
Communications Technology (DICT). - There is hereby created the Department of 
Information and Communications Technology, 
hereinafter referred to as the 
Department, which shall carry out the above-declared policy and assume the 
communications-related powers and functions of the Department of Transportation and 
Communications (DOTC). 
SEC. 4. 
Mandate - The Department shall be the primary policy, planning, 
coordinating, implementing, regulating and administrative entity of the executive branch 
of the Government that will promote" develop, and regulate integrated and strategic ICT 
systems and reliable and cost-efficient communication facilities and services. 
SEC. 5. 
following functions: 
Powers and Functions. - The Department shall perform the 
a. 
Formulate and recommend national policies and guidelines that will 
promote ICT and the wider use of the internet and other cyberspace 
infrastructure 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. 
Establish and administer comprehensive and integrated programs for ICT 
at the national, regional, and local levels with due consideration to 
advancement in 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; 
c. 
Design, implement, and ensure the protection of an integrated government 
information and communications infrastructure development program that 
will coordinate all existing government entities, taking into account all their 
existing plans, programs, proposals, software and hardware inventory, 
installed systems, and programs; 
d. 
Develop and implement, in coordination with concerned government 
agencies, a comprehensive ICT application capability in the national 
2 


government and determine the personnel qualification and other 
standards essential to the integrated and effective development and 
operation of government information and communications infrastructure; 
e. 
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 limite<;t to Build-Operate-Transfer (BOT) mechanisms; 
f. 
Assess, review and provide direction to ICT research and development 
program of the government in coordination with other institutions 
concerned; 
g. 
Establish and prescribe rules and regulations for the establishment, 
operation and maintenance of ICT facilities in areas not adequately served 
by the private sector, in consultation with the private business sector, civil 
society, and other private and public entities, such as educational and 
training sectors; 
h. 
Formulate such rules and regulations and exercise such other powers as 
may be necessary to implement the objectives of this Act; and 
i. 
Perform such other tasks as may be provided by law or assigned by the 
President from time to time. 
SEC. 6. 
Composition. 
The 
Department 
of 
Information 
and 
Communication Technology (DICT) 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. 7. 
The Secretary of the DICT - The Secretary shall be appointed by 
the President, subject to the confirmation by the Commission on Appointments (CA). 
The Secretary shall have the following functions: 
a. 
Provide executive direction and supervision over the entire operations of 
the Department of Information and Communications Technology (DICT) 
and its attached agencies; 
b. 
Establish policies and standards for the effective, efficient and economical 
operation of DICT, in accordance with the programs of the Government; 
c. 
Rationalize delivery systems necessary for the effective attainment of the 
objectives of DICT, in accordance with the programs of the Government; 
d. 
Review and approve requests for financial and manpower resources of all 
operating offices of DIGT; 
e. 
Designate and appoint all officers and employees of DICT, excluding the 
Undersecretaries, Assistant Secretaries, and Regional and Assistant 
Regional Directors, in accordance with Civil Service laws, rules and 
regulations; 
f. 
Coordinate with local government units, other agencies, and public and 
private interest groups, including NGOs and POs on Department policies 
and initiatives; 
3 


g. 
Advise the President on the promulgation of executive and administrative 
orders and regulatory ,and legislative proposals on matters pertaining to 
ICT development; 
h. 
Formulate such rules and regulations and exercise such other powers as 
may be necessary to ilT)plement the objectives of this Act; and 
I. 
Perform such other tasks as may be provided by law or assigned by the 
President from time to time. 
SEC. 8. 
The 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 one (1) of the Undersecretaries shall 
be a career officer coming form the ranks of existing government information and 
communications agencies and offices or qualified IT and ICT professionals in the private 
sector. 
SEC. 9. 
Assistant Secretaries. - The Secretary shall be assisted by three 
(3) Assistant Secretaries who shall be career officers appointed by the President upon 
the recommendation of the Secretary. 
SEC. 10. 
Qualifications. -
No person shall be appointed Secretary, 
Undersecretary or Assistant Secretary of the Department unless he/she is a citizen and 
resident of the Philippines, of good moral character, and of proven integrity. 
SEC. 11. 
Regional Offices. - The Department shall have a Regional Office 
in each of the administrative regions in the country. The Regional Offices shall 
essentially be line in character and shall be responsible for the delivery of all front line 
services of the Department. 
. 
Each Regional Office shall be headed by a Regional Director who shall be 
assisted by Assistant Regional Director. 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 LGUs; and 
e. 
Perform such other functions as may be provided by law or assigned by 
the Secretary. 
SEC. 12. 
Transfer of AgenCies and Personnel.-
a. 
The following agencies and institutions are hereby absorbed by the 
Department: 
1. 
The National C'omputer Center under the Department of Science 
and Technology and 
2. 
All offices, services, diviSion, units, and personnel of the DOTC with 
functions and responsibilities dealing with communications. 
4 


All offices, services, divisions, units and personnel not otherwise 
covered by thi.s Act for transfer or absorption into the new 
Department shall continue to perform their transportation-related 
functions and therefore, shall be retained under the Department of 
Transportation and Communications which is hereby renamed the 
Department of Transportation. 
The foregoing transfer of powers and functions shall include all 
applicable funds and appropriations, records, equipment, property, 
and personnel as may be necessary. 
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 Charters, laws or orders creating them, and with such 
other functions and responsibilities as it shall be mandated to regulated 
ICT in accordance with law and insofar as they are inconsistent with this 
Act: 
. 
1. 
The National Telecommunications Commission (NTC), and 
2. 
Philippine Postal Corporation 
The Department shall not exercise any power which will tend to influence 
or effect a review or a modification of the quasi-judicial functions of the 
NTC. 
c. 
The law and rules on government reorganization as provided for in 
Republic Act No. 6656, otherwise known as the Reorganization Law, shall 
govern the reorganization process as the Department is created. 
SEC. 13. 
Transfer of Agencies and Personne/.-
a. 
All offices, services, diviSions, units and personnel of the DOCT with 
functions and responsibilities dealing with communications shall be 
absorbed by or attached to the Department of Information and 
Communications Technology (DICT), as the case may be. 
b. 
The National Computer Center under the Department of Science and 
Technology is hereby absorbed by the Department of Information and 
Communication Technology. 
c. 
The following agencies are hereby attached to the Department of 
Information and Communications Technology for supervision and policy 
and program coordination and integration, and shall continue to operate 
and function in accordance with their characters, laws or orders creating 
them, insofar as they are not inconsistent with this Act: 
1. 
National Telecommunications Commission; 
2. 
Philippine Postal Corporation; 
3. 
Telecommunications Office; 
4. 
Municipal Telephone Project Office. 
d. 
The law and rules on government reorganizations as provided for in 
Republic Act No. 6656; otherwise known as the Reorganization Law, shall 
govern the reorganization process of the Department of Information and 
Communications Tech\1ology . 
5 


SEC. 14. 
Implementation of the RPWeb. -
In consonance with the 
objectives of Administrative Order No. 332 and Republic Act No. 8792, the primary 
responsibility over the implementation of the RPWeb or the electronic online network of 
the government which shall serve as initial platform of the government information 
infrastructure (Gil), is hereby transferred to the Department. For this purpose, the 
Department shall continue the utilization of all funds, monies, interests, and properties 
outstanding and accruing from the RPWeb. 
SEC. 15. 
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 and federation of private industries directly 
involved in ICT, as well as other National Government Agencies (NGAs), LGUs, and 
GOCCs, may be appointed to these .working groups. Government IT professionals shall 
also be tapped to partiCipate in the work of the Department through these working 
groups. 
SEC. 16. 
Structure and Staffing Pattern. - The Department shall determine 
its organization 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. 17. 
Separation from Service. - Employees separated from the service 
as a result of this reorganization shall, within ninety (90) days therefrom, receive the 
retirement benefits to which they may be entitled under existing laws, rules, and 
regulations. 
SEC. 18. 
Appropriation. ~ The amount needed for the initial implementation 
of this Act shall be taken from the current year's.appropriations of the DOCT and all 
government agencies herein absorbed by or attached to the Department. Thereafter, 
the amount needed for the operatiQns and maintenance of the Department shall be 
included in the General Appropriations Act. 
SEC. 19. 
Repealing (Jla«.se. - 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. 20. 
Separability Clause. - If Cjny provision of this Act shall be declared 
unconstitutional or invalid, the other provisions not otherwise affected shall remain in full 
force and effect. 
SEC. 21. 
Effectivity Clause. - This Act shall take effect after fifteen (15) 
days from its publication in at least two (2) papers ·of general circulation. 
Approved, 
6