Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

House BILL No? 336

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT STRENGTHENING THE DIGITAL TRANSFORMATION CAPACITY OF
ALL LOCAL GOVERNMENT UNITS, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 7160 OTHERWISE KNOWN AS THE LOCAL
GOVERNMENT CODE OF 1991 AND FOR OTHER PURPOSES

The COVID-19 pandemic paved the move towards digitized government transactions
to reduce contact and prevent further contagion. Digital transformation through the use
of ICT, to stay functional in the midst of the health crisis, has now become a public
sector imperative.

Through digital technologies, people can easily access government service through
various government portals, transact via e-services. This is most welcome even after
COVID-19 ceases to be a public health emergency. Digital transformation of
government transaction can improve the quality of service delivery, improve the
efficiency of public institutions, reach large numbers of people, promote transparency
and accountability, facilitate electronic interaction and participation, and even mitigate
corruption.

LGUs can take advantage of this being at the forefront of service delivery. This bill
proposes the mandatory appointment of an Information and Communications
Technology Officer (ICTO) who will act as the over-all officer in charge for ICT
concerns of the municipality, city or province, including the development, adoption,
deployment, improvement and maintenance of ICT technologies, platforms and
systems.

In view of the foregoing, the approval of this bill is most earnestly sought.

‘ll a

LUIS RAYMUN AY” F. VILLAFUERTE, JR.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
Second Regular Session

HOUSE BILL No, 8336

Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR.

AN ACT STRENGTHENING THE DIGITAL TRANSFORMATION CAPACITY OF
ALL LOCAL GOVERNMENT UNITS, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 7160 OTHERWISE KNOWN AS THE LOCAL
GOVERNMENT CODE OF 1991 AND FOR OTHER PURPOSES:

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 "Local Information and
Communications Technology Officer Act."

SEC. 2. Declaration of Policy. - It is hereby declared a policy of the State to develop,
hamess, and integrate information and communication technology across all levels of
local government units in the country to ensure transparent, accountable, efficient and
participatory governance. Pursuant to this policy, the State shall provide for a local
government position that will be responsible and accountable for the implementation
of digital transformation in the local government units.

SEC. 3. Definition of Terms. - As used in this Act:

a) Digitization - refers to the technical conversion of physical, analog originals to digital
copies by means of electronic devices;

b) Digitalization - refers to the adoption of digital technologies to upgrade business
processes and models in order to create better ways of providing service and obtaining
greater benefits;

c) Digital Transformation - refers to cultural, organizational and operational change of
an organization, industry or ecosystem through a smart integration of digital
technologies, processes and competencies across all levels and functions in a staged
and strategic way;

d) Digital skills - refer to a range of skills, encompassing a combination of behaviors,
expertise, know-how, work habits, character traits, dispositions, and critical


understanding on the use of digital devices, communication applications, and
networks to access and manage information;

e) Digital services - refer to public or private services that can be delivered through
digital communication, such as Internet, mobile phone network that might include
delivery of digital information, data or content or transactional services;

f) Digital technology - refers to any product or service that can be used to create, view,
distribute, modify, store, retrieve, transmit, and receive information electronically in a
digital form such as personal computers and devices like desktop, laptop, netbook,
tablet computer, smart phones, games consoles, media players, e-book readers, as
well as digital television, robots, personal assistant smart devices, and smart boards;

4g) Digital tools- refer to technologies used for a given purpose or for carrying out a
particular function of information processing, communication, content creation, safety
or problem solving.

h) E-readiness (electronic readiness) - refers to a measure of the degree to which a
country is prepared to partake in electronic activities and, thus, benefit from ICT in
education.

i) Innovation - refers to the creation of new ideas using new or existing technologies
that results in the development of new or improved products, processes, or services,
which are then spread or transferred across the market.

SEC. 4. Section 443 (a) of Republic Act No. 7160, otherwise known as the Local
Government Code of 1991, hereinafter referred to as the "Code", is hereby amended
28 to read as follows:

"Sec. 443. Officials of the Municipal Government.

(a) There shall be in each municipality a municipal mayor, a municipal vice-mayor,
sangguniang bayan members, a secretary to the sangguniang bayan, a municipal
treasurer, a municipal assessor, a municipal accountant, a municipal budget officer, a
municipal planning and development coordinator, a municipal engineer/building
Official, a municipal health officer and a municipal civil registrar [:]. A MUNICIPAL
INFORMATION AND COMMUNICATIONS TECHNOLOGY OFFICER (ICTO)
SHALL ALSO BE APPOINTED: PROVIDED, THAT THE MUNICIPALITY HAS THE
OPTION TO APPOINT AN ICTO OR MERGE SUCH POSITION TO AN EXISTING
POSITION OR OFFICIAL IN A RELATED OFFICE, UNIT OR DEPARTMENT IN THE
MUNICIPAL GOVERNMENT: PROVIDED, FURTHER, THAT IF THE
MUNICIPALITY SHALL APPOINT AN ICTO, THE MUNICIPALITY HAS THE
OPTION TO SET THE RANK, REMUNERATION AND OTHER EMOLUMENTS OF
THE MUNICIPAL ICTO SUBJECT TO EXISTING LAWS, RULES AND
REGULATIONS.

"(b) XXX

"(c) XXX

"(d) XXX

"(e) XXX


SEC. 5. Section 454 (a) of the Code is hereby amended to read as follows: "Sec. 454.
Officials of the City Government.

(b)There shall be in each city a mayor, a vice-mayor, sangguniang panlungsod
members, a secretary to the sangguniang panlungsod, a city treasurer, a city
assessor, a city accountant, a city budget officer, a city planning and development
coordinator, a city engineer, a city health officer, a city civil registrar, a city
administrator, a city legal officer, a city veterinarian, a city social welfare and
development officer, and a city general services officer [;]. A CITY ICTO SHALL ALSO
BE APPOINTED: PROVIDED, THATTHE CITY HAS THE OPTION TO APPOINT AN
ICTO OR MERGE SUCH POSITION TO AN EXISTING POSITION OR OFFICIAL IN
A RELATED OFFICE, UNIT OR DEPARTMENT IN THE CITY GOVERNMENT:
PROVIDED, FURTHER, THAT IF THE CITY SHALL APPOINT AN ICTO, THE CITY
HAS THE OPTION TO SET THE RANK, REMUNERATION AND OTHER
EMOLUMENTS OF THE CITY ICTO SUBJECT TO EXISTING LAWS, RULES AND
REGULATIONS.

*(b) XXX

"(c) XXX

"(d) XXX

"(e) XXX

SEC. 6. Section 463 (a) of the Code is hereby amended to read as follows: "Sec. 463.
Officials of the Provincial Government (c) There shall be in each province a governor,
a vice-governor, members of the sangguniang panlalawigan, a secretary to the
ssangguniang panlalawigan, a provincial treasurer, a provincial assessor, a provincial
accountant, a provincial engineer, a provincial budget officer, a provincial planning and
development coordinator, a provincial legal officer, a provincial administrator, a
provincial health officer, a provincial social welfare and development officer, a
provincial general services officer, a provincial agriculturist, and a provincial
veterinarian, [;]. A PROVINCIAL ICTO SHALL ALSO BE APPOINTED: PROVIDED,
THAT THE PROVINCE HAS THE OPTION TO APPOINT AN ICTO OR MERGE
SUCH POSITION TO AN EXISTING POSITION OR OFFICIAL IN A RELATED
OFFICE, UNIT OR DEPARTMENT IN THE PROVINCIAL GOVERNMENT:
PROVIDED, FURTHER, THAT IF THE PROVINCE SHALL APPOINT AN ICTO, THE
PROVINCE HAS THE OPTION TO SET THE RANK, REMUNERATION AND
OTHER EMOLUMENTS OF THE PROVINCIAL iCTO SUBJECT TO EXISTING
LAWS, RULES AND REGULATIONS.

"(b) XXX

™(c) XXX

"(d) XXX

™(e) XXX

SEC. 7. A new Section 491-A shall be inserted after Section 491 of the Code to read
as follows:

ARTICLE XX!
THE LOCAL INFORMATION AND COMMUNICATIONS TECHNOLOGY OFFICER

SECTION 491-A. QUALIFICATIONS, POWERS, AND DUTIES. - (A) NO PERSON
SHALL BE APPOINTED AS INFORMATION AND COMMUNICATIONS
TECHNOLOGY OFFICER UNLESS HE OR SHE IS A CITIZEN OF THE


PHILIPPINES, A RESIDENT OF THE LOCAL GOVERNMENT UNIT CONCERNED,
OF GOOD MORAL CHARACTER, A HOLDER OF A COLLEGE DEGREE ON
INFORMATION AND COMMUNICATIONS TECHNOLOGY, COMPUTER SCIENCE,
COMPUTER ENGINEERING, DATA SCIENCE, ELECTRONICS AND
COMMUNICATIONS ENGINEERING OR OTHER COURSES DIRECTLY
RELEVANT TO ANY OF THE AFOREMENTIONED COURSES FROM A
RECOGNIZED COLLEGE OR UNIVERSITY, AND A FIRST GRADE CIVIL SERVICE
ELIGIBLE OR ITS EQUIVALENT. HE OR SHE MUST HAVE ACQUIRED
EXPERIENCE IN INFORMATION AND COMMUNICATIONS TECHNOLOGY AND
RELATED EXPERIENCES FOR AT LEAST FIVE (5) YEARS IN THE CASE OF THE
PROVINCE OR CITY, OR AT LEAST THREE (3) YEARS IN THE CASE OF THE
MUNICIPALITY.

THE APPOINTMENT OF AN INFORMATION AND COMMUNICATIONS
TECHNOLOGY OFFICER SHALL BE MANDATORY FOR THE PROVINCIAL, CITY
AND MUNICIPAL GOVERNMENTS.

(B) THE INFORMATION AND COMMUNICATIONS TECHNOLOGY OFFICER
SHALL:

(1) FORMULATE MEASURES FOR THE CONSIDERATION OF THE SANGGUNIAN
AND PROVIDE TECHNICAL ASSISTANCE AND SUPPORT TO THE LOCAL CHIEF
EXECUTIVE, IN CARRYING OUT MEASURES TO ENSURE THE DIGITIZATION OF
PUBLIC DOCUMENTS, DIGITALIZATION OF GOVERNMENT PROCESS AND
OVERALL DIGITAL TRANSFORMATION OF GOVERNMENT

(2) DEVELOP PLANS AND STRATEGIES AND UPON APPROVAL THEREOF BY
THE LOCAL CHIEF EXECUTIVE IMPLEMENT THE SAME, PARTICULARLY THOSE
WHICH HAVE TO DO WITH DEVELOPING, HARNESSING, INTEGRATING AND
UTILIZING INFORMATION AND COMMUNICATIONS TECHNOLOGY FOR THE
DIGITAL TRANSFORMATION OF GOVERNMENT AND RELEVANT PURPOSES;

(3) IN ADDITION TO THE FOREGOING DUTIES AND FUNCTIONS, THE
INFORMATION AND COMMUNICATIONS TECHNOLOGY OFFICER SHALL:

(i) TAKE CUSTODY OF AND BE ACCOUNTABLE FOR ALL PROPERTIES, REAL
OR PERSONAL, OWNED BY THE LOCAL GOVERNMENT UNIT AND THOSE
GRANTED TO IT IN THE FORM OF DONATION, REPARATION, ASSISTANCE AND.
COUNTERPART OF JOINT PROJECTS;

(ii) WITH THE APPROVAL OF THE LOCAL CHIEF EXECUTIVE, ASSIGN
RESOURCES TO LOCAL OFFICIALS OR OTHER PUBLIC OFFICIALS, WHO BY
LAW, ARE ENTITLED TO SUCH SPACES;

(iii) RECOMMEND TO THE LOCAL CHIEF EXECUTIVE, THE REASONABLE
PURCHASE, LEASE OR RENTAL RATES OF DIGITAL EQUIPMENT FOR THE
IMPLEMENTATION OF DIGITAL TRANSFORMATION;


(iv) DEVELOP, MAINTAIN AND SUPERVISE ALL OTHER INFORMATION AND
COMMUNICATIONS TECHNOLOGY PROGRAMS AND SERVICES OF THE LOCAL
GOVERNMENT;

(v) COLLATE AND DISSEMINATE INFORMATION REGARDING INFORMATION
AND COMMUNICATIONS TECHNOLOGY PROGRAMS AND SERVICES OF THE
LOCAL GOVERNMENT TO THE PUBLIC,

(vi) PERFORM DATABASE AND RECORD MANAGEMENT WITH RESPECT TO
RECORDS OF OFFICES AND DEPARTMENTS OF THE LOCAL GOVERNMENT
UNIT; AND

(vii) PERFORM ALL OTHER FUNCTIONS PERTAINING INFORMATION AND
COMMUNICATIONS TECHNOLOGY PROGRAMS AND SERVICES OF THE LOCAL
GOVERNMENT AND ENFORCE POLICIES IN RELATION THERETO;

(4) BE IN THE FRONTLINE OF INFORMATION AND COMMUNICATIONS
TECHNOLOGY PROGRAMS AND SERVICES OF THE LOCAL GOVERNMENT IN
PARTNERSHIP WITH PRIVATE SECTOR;

(5) DEVELOP, IMPLEMENT, AND EVALUATE ALL PROGRAMS AIMED AT
ENSURING THAT ALL PERSONNEL UNDER HIS OR HER SUPERVISION
INCLUDING HIMSELF OR HERSELF ARE CONSTANTLY TRAINED OR EXPOSED
TO KNOWLEDGE IN INFORMATION AND COMMUNICATION TECHNOLOGY AND
OTHER RELEVANT AREAS;

(6) RECOMMEND TO THE SANGGUNIAN AND ADVISE THE LOCAL CHIEF
EXECUTIVE, ON ALL OTHER MATTERS RELATIVE TO INFORMATION AND
COMMUNICATIONS TECHNOLOGY; AND

(C) EXERCISE SUCH OTHER POWERS AND PERFORM SUCH OTHER DUTIES
AND FUNCTIONS AS MAY BE PRESCRIBED BY LAW OR ORDINANCE."

SEC. 8. Separability Clause. — If any part or provision of this Act shall be declared as
unconstitutional or invalid, the other parts or provisions hereof which are not affected
thereby shall continue to be in full force and effect.

SEC. 9. Repealing Clause. — All laws, executive orders, presidential decrees, rules
and regulations or parts thereof which are in conflict or inconsistent with the provisions
of this Act are hereby repealed, amended or modified accordingly.

SEC. 10. Effectivity. — This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in a newspaper of general circulation.

Approved,