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REGISTRATION UNIT
BILLS AND INDEX SERVICE

Quezon City |

17" Congress
First Regular Session

HOUSE BILL No. 2642

Introduced by Representative WES 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 intemet
users representing roughly 30% of our population who are potential or in itself engaged
with the 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 doing 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 bitfis earnestly prayed for,

Representati'
1 District, Valenzyéla City

SENTATIVES


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

17" Congress
First Regular Session

HOUSE BILL NO. _2642

Introduced by Representative WES 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;

f) 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
commerce

h) Fostering the development and expansion of information and
communications services in the world in collaboration with other
countries and international organizations;


i) 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;

j) To extend its services, whenever properly requested in the investigation
of cases of administrative or civil in nature which the Government is
interested;

k) To conduct technical audit and establish a strong and effective
regulatory system on online transaction and e-commerce;

1) 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

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,