Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" Congress
First Regular Session

3878

HOUSE BILL NO..

Introduced by Representative WESLIE T. GATCHALIAN

EXPLANATORY NOTE

To facilitate domestic and international dealings, transactions through
the use of electronic, optical and other similar mediums, Congress enacted
into law R.A. 8792, otherwise known as the Electronic Commerce Act of 2000.

R.A. 8792 recognized the role of information and communication
technology in commercial trade and in nation building. As such, the E-
Commerce Office of the Department of Trade and Industry was created with
the aim of directly supervising the promotion and development of electronic
commerce in the country.

To date, as revealed in a Nielsen survey, we have at least 33.6 million
internet users, representing roughly 30% of our population who are potential
or in itself engaged with online trading. The e-commerce and internet sector
has therefore evolved rapidly since its early development, and the government
should take active interest and harness the opportunities offered by this
emerging technologies.

It is in this light that this bill is filed seeking to establish a Bureau of E-
Commerce attach to the Department of Trade and Industry that will address
the burgeoning multifarious activities of the e-commerce industry and in so
Positioning our country as an attractive and safe destination for e-commerce.


The E-Commerce Bureau will be a high level office compared to the E-
Commerce Office of the Department of Trade and Industry and shall be the
primary policy, planning, coordinating, implementing and regulating office in
order to promote the e-commerce industry in the country. It will also focus and
work full time on e-commerce development and _ international
competitiveness, conduct of continuing research, maintain statistical data,
investigation on administrative complaints between stake holders, and to
monitor and evaluate the e-commerce policies and programs.

Foregoing Considered, approval of this bill is earnestly prayed for.

T. GATCHAVIAN
Representative
Alay Buhay Paftylist



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

16" Congress
First Regular Session

3878
HOUSE BILL NO.

Introduced by Representative WESLIE T. GATCHALIAN

AN ACT
CREATING E-COMMERCE BUREAU, PROVIDING FUNDS
THEREFOR, AND FOR OTHER PURPOSES

Section 1. CREATION OF E-COMMERCE BUREAU - The E-Commerce Bureau,
is hereby created attach to the Department of Trade and Industry.

Section 2. FUNCTIONS - The E-Commerce Office shall perform the following
functions:

a) To formulate and/or coordinate the formulation of policies and
guidelines in support of e-commerce;

b) To formulate and implement plans and programs for further
development, implementation and international competitiveness of e-
commerce;

c) To promote and maintain fair and efficient market conduct and effective
competition between persons engaged in commercial activities
connected with e-commerce;

d) To promote the universal use of electronic transaction in the
government and general public.


e) Conduct continuing research and development in partnership with the

academe towards improving the quality of e-commerce;

Compile and maintain statistical data and information on e-commerce

industry;

g) To conduct administrative investigation upon complaint from any
consumer for violation of commercial transaction involving electronic

f)

commerce

Fostering the development and expansion of information and

communications services in the world in collaboration with other

countries and international organizations;

To give technical aid to all prosecuting and law-enforcement officers and

entities of the Government as well as the courts that may request its

services;

To extend its services, whenever properly requested in the investigation

of cases of administrative or civil in nature which the Government is

interested;

To conduct technical audit and establish a strong and effective

regulatory system on online transaction and e-commerce;

|) To monitor and evaluate the implementation of e-commerce policies,
plans and programs; and

m)To perform such other related functions as the Secretary of Trade and
Industry may assign from time to time.

h)

k)

Section 2. ORGANIZATION - The E-Commerce Bureau shall be headed by a
Director who shall be appointed by the President who shall submit for approval to
the Office of the President the organizational structure and staffing pattern of the
Bureau within sixty (60) days from approval of this act: Provided, that the present
personnel of the E-Commerce Office of the Department of Trade and Industry
shall be transferred to, and form the nucleus of the new Bureau.

Section 3, APPOINTMENTS - Appointments to positions in the E-
Commerce Bureau shall be made only according to merit and fitness to be
determined as far as practicable by competitive mental and physical examination


and with adequate instruction and training skills on Information Technology.
Promotions shall be made with due regard to seniority and past record of
efficiency.

Section 4. APPROPRIATION - The amount necessary for the initial
implementation of this Act shall be charged against the current fiscal year's
appropriations under the budget of the Department of Trade and Industry.
Thereafter, such sums as may be necessary for the continued implementation of
this act shall be included in the Annual General Appropriations Act.

Section 5. IMPLMENTING RULES AND REGULATIONS - Within ninety (90)
days from the approval of this Act, the Department of Trade and Industry and the
E-Commerce Bureau shall adopt and issue the rules and regulations for the
effective implementation of this Act.

Section 6. EFFECTIVITY - This Act shall take effect upon its publication in at
least two (2) national newspapers of general circulation.

Approved,