FOURTEENTH CONGRESS OF THE REPUBLIC 
) 
7 tiijl_-'j 
n,n . . , 
OF THE PHILIPHPINES 
1 
, ! J ( ' A  
First Regular Session 
1 
Introduced by Senator Loren Legarda 
EXPLANATORY NOTE 
This bill seeks ts reorganize the Department of 
Transportation and 
Communication 
by 
creating 
a 
separate 
Department 
of 
Information 
and 
Communications to address the distinct needs of 
the communications and 
transportation sector. 
Section 24, Article I1 of the 1987 Philippine Constitution declares that the State 
recognizes the vital role of communications and information in nation-buiIding. To 
implement this State policy, a Department of Transportation and Communications was 
creatcd under the Administrative Code of 1Y87 to maintain and expand a viable, 
efficient, safe and dependable transportation and communications systems as effective 
instruments for national recovery and economic progress. 
Due to the divergent issues on transportation and communications, a single 
department should focus on each one to intensify government initiatives and cope up 
with the demands of globalization. 
Under this proposed measure, the Department of 
Information and 
Communications shall be the primary policy, planning, coordinating, implementing, 
regulating and administrakive 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 service. This will ensure that the 
communications and information technology sector of the country be given appropriate 
focus and be included as one of the priorities of the government. 
In view of the foregoing, immediate passage of the bill is earnestly sought. 
Senator 


SJJI -4 ::? ,,, 
FOURTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPHPINES . 
First Regular Session 
) 
S.B. 
SENAT$ 
No.QO 
Introduced by Senator Loren Legarda 
AN ACT 
CREATING THE DEPARTMENT OF INFORMATION AND COMMUNICATIONS 
TECHNOLOGY, DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING 
FUNDS THEREFORE, AND FOR OTHER PURPOSES 
Be it enacted by the senate and the House of Representatives in Congress 
assembled: 
SECTION 1. Short Title- This act shall be know as the "Department of 
Information and Communication Technology Act of 2007." 
SEC. 2. Declaration of Policy - It is hereby declared the policy of the State: 
a. 
To ensure the provision of strategic, reliable and cost-efficient information 
and communication technology 
(ICT) infrastructure, system, and 
resources as instruments for nation-building and global competitiveness; 
"Information and Communication Technology (ICT) is defined as the 
totality of electronic means to collect, store, process and present 
information to end-users in support of their activities. It consists of 
computer system, office system 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, partnership. between the public and the private sectors, strategic alliance 
with foreign investors, balanced investment between high-growth and 
economically-depressed areas, and broader private sector participation in ICT 
computer; 
c. To foster and accelerate development of convergent network of ICT 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; 
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 fat-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 purpose; 
1. To sustain the development of the nationwide system as an integral 
component of overall development of ICT in the country. 
SEC. 3. 
Creation of the Department of Information and Communications 
Technology - There is hereby created the Department of Information and 
Communications Technolou, 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 Communication (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 
service. 
SEC. 5. Powers and Functions -The Department shall perform the following 
functions: 
a. Formulate and recommend national policies and guidelines that will promote 
ICT and the wider use of the internet and other cyberspace infrastructure and 
exchange 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 sector; 
b. Establish and administer comprehensive and integrated programs for ICT at 
the national, regional, and local levels with de 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 ‘participle 
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, talking into account all their 
existing plans, programs, proposals, software and hardware inventory, 
installed system, and programs; 
d. Develop and implement, in coordination with concerned government 
agencies, a comprehensive ICT application capability in the national 
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 
limited to Build-Operate-Transfer (BOT) mechanisms; 


f. Assess, review and provide direction to ICT research and development 
programs of the government in coordination with other institution 
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 assigned by the 
President from time. 
SEC. 6. Composition - The Department of Communication Technology 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 DCT - The Secretary shall be appointed by the 
President, subject to the confirmation by the Commission on Appointments. 
The Secretary shall L v e  the following functions: 
a. 
b. 
C. 
d. 
e. 
f. 
h. 
i. 
Provide executive direction and supervision over the entire operations of the 
Department of Communication Technology (DCT) and its attached asencies; 
Establish policies and standards for the effective, efficient and economical 
operation of DCT, in accordance with the programs of the Government; 
Rationalize delivery systems necessary for the effective attainment of the 
objectives of DCT, in accordance with the programs of the Government; 
Review and approve request for financial and manpower resources of all 
operating office of DCT; 
Designate and appoint all officers and employees of DTC, excluding the 
Undersecretaries, Assistant Secretaries, and Regional and Assistant Regional 
Directors, in accordance with Civil Service laws, rules and regulations; 
Coordinate with local government units, other agencies and public and 
private interest groups, including NGOs and Pos on Department policies and 
initiatives; 
Advise the President on the promulgation of executive and administrative 
orders regulatory and legislative proposals on maters pertaining to ICT 
development; 
~ 
Formulate such rules and regulations and exercise such other powers as may 
be necessary to implement the objectives of this Act; and 
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 szcretary: Provided, that, one (1) of the Undersecretaries shall be a career office 
coming from 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, 
Undersecretaries or Assistant Secretary of the Department unless he 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 assisted by Assistant Regional Director. The Regional Offices shall have, 
within their respective administrative regions, the following functions: 
a. 
b. 
d. 
e. 
C. 
Implement laws, policies, plans, programs, projects, rules and regulations of 
the Department; 
Provide efficient and effective service to the people; 
Coordinate with regional offices of other department, offices, and agencies; 
Coordinate with LGUs; and 
Perform such other functions as may be provided by law or assigned by the 
Secretary. 
SEC. 12. Transfer of~Agencies and Personal. 
a. The following agencies and institutions are hereby absorbed by the 
Department; 
1. the National Computer 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 communication. 
All offices, services, divisions, units and personnel not otherwise 
covered by this 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, 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 insofar as they are inconsistent with this Act: 
1. The National Telecommunications Commission (NTC), and 
2. Philippines 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 process as the 
Department is created. 
SEC. 13. Transfer of agencies and Personnel. 
a. All offices, services, divisions, units and personal of the DOTC with functions 
and responsibilities dealing with communication shall be absorbed by or 
attached to the Department of communication Technology, as the case may 
be. 
b. The National Computer center under the Department of Science and 
Technology is hereby absorbed by the by the Department of Information and 
Communication Technology. 
c. The following agencies are hereby attached to the Department of 
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 (TelOf); 
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 process of the 
Department of Communication Technology. 
SEC. 14. Implement 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 (GII), is hereby transferred to the Department. For this purpose, the 
Department shall continue 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 woFking groups, advisory bodies or 
committees for the furtherance of 
its objectives. Additional private sector 
representatives, such as from 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 professivnals shall 
also be tapped to particular 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 division or units as it may deem necessary, 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 form the service as a 
result of this organization shall, within ninety (90) days therefore receive the retirement 
benefits to which they may be entitled under existing laws, and regulations. 


SEC. 18. Appropriation - The amount needed for the initial implementation of 
this Act shalI be taken form the current year’s appropriation of the DOTC and all 
government agencies herein absorbed by or attached to the Department. Thereafter, the 
amount needed for the operations and maintenance of the Department shall be 
included in the General Appropriations Act. 
SEC. 19. Repealing clause - All laws, decrees, executives 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 nay provision of this Act shall be declared 
unconstitutional or invalid, the other provisions not otherwise affected shall remain in 
full 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,