'. 
' .. 
SIXTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SENATE 
Senate Bill No. 2319 
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JUL 21 
P2 :33 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
PROMOTING THE DEVELOPMENT AND USE OF FREE I OPEN SOURCE OF 
SOFTWARE (FOSS) IN THE PHILIPPINES, AND FOR OTHER PURPOSES 
EXPLANATORY NOTE 
This bill seeks to promote the development and use of Free and Open-Source 
Software (FOSS) in the Philippines. FOSS is defined as "computer software that 
can be classified as both free software and open source software. That is, 
anyone is freely licensed to use, copy, study and change the software in any way 
and the source code is openly shared so that people are encouraged to 
voluntarily improve the design of the software. This is in contrast to propriety 
software, where the software is under restrictive copyright and the source code is 
usually hidden from the users. The benefits of using FOSS include decreasing 
software costs, increasing security and stability (especially in regard tomalware), 
protecting privacy, and giving users more control over their own hardware. Free, 
open-source operating systems such as Linux and descendents of BSD are 
widely utilized today, powering millions of servers, desktops, smartphones (e.g. 
Android) and other devices. Free software licenses and open-source licenses 
are used by many software packages" [Wikipedia] 
This bill, which mandates the use of FOSS, open standards and open formats in 
all government agencies, and which encourages the use and development of 
FOSS in the private and public sectors, will benefit the Philippines by: (1) 
Promoting the people's right to access public informations; (2) Lowering the 
overall cost of ICT in the public and private sectors by reducing the country's 
dependence on proprietary software and computer applications; (3) Making ICT 
more accessible to a greater number of users; (4) Unlocking the potential and 
encouraging the development of a self reliant, genuinely Filipino IT industry; and, 
(5) Providing greater security for highly sensitive government and private 
information systems. 
This measure was previously filed by Sen. Manny Villar in the 15th Congress In 
view of the foregoing, passage of the bill is earnestly sought. 
Senator 


" 
SIXTEENTH CONGRESS OF THE REPUBliC) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
'14 
JUL 21 
P2 :33 
SENATE 
Senate Bill No. 2319 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
PROMOTING THE DEVELOPMENT AND USE OF FREE I OPEN SOURCE OF 
SOFTWARE (FOSS) IN THE PHILIPPINES, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
1 
SECTION 1. Short Title. - This Act shall be known as the "Free / Open Source 
2 
Software (FOSS) Act of 2014", 
3 
4 
5 
SEC. 2. Declaration of Policy. - In accordance with Section 24 of Article II of the 
6 
Constitution which declares that, "The State recognizes the vital role of 
7 
communication and information in nation building", and recognizing the wide 
8 
discrepancy between the technologies of developing countries and advanced 
9 
countries; 
realizing 
the 
economic 
limitations 
in 
the 
information 
and 
10 
communication technology (ICT) of developing countries, especially on the 
11 
viability of purchasing and implementing expensive software solutions; aware of 
12 
the relatively slow diffusion of technology between the developed and developing 
13 
countries; it is hereby declared the policy of the State to: 
14 
15 
1) Ensure the self-reliance of the State in technology and technology 
16 
capabilities, in accordance with Article XIV, Sec. 10 of the Constitution, by 
17 
ensuring that the State has access to the source codes of its computers' 
18 
softwa re; 
19 
20 
2) Strengthen the public's access to information and government data, in 
21 
accordance with Article III, Section 7 of the Constitution, by mandating the 
22 
use of open standards and formats in government, hence ensuring the 
23 
interoperability of data and government communications; 
24 
25 
3) Promote the preferential use of domestic material and Filipino labor in 
26 
information communications technology, in accordance with Article XII, 
27 
Sec. 12 of the Constitution; 
28 
29 
4) Adopt mechanisms to ensure fiscal discipline in the purchase of software 
30 
without compromising the State's security and the stability and robustness 
31 
of the country's ICT infrastructure, and; 
32 
1 


1 
5) Develop Filipino professionals and scientists in the field of software 
2 
technology and ICT by promoting the use and purchase of free / open 
3 
source software, in accordance with Article XII, Sec. 14 of the 
4 
Constitution. 
5 
6 
7 
SEC. 3. Definition of Terms. - For purposes of this Act, the following terms and 
8 
phrases are so defined: 
9 
10 
(a) Source code - the set of human readable instructions and statements 
1.1 
written by the programmer using a particular programming language, 
12 
including the modules, components of the executable program, and any 
, 
13 
interface definition files and scripts used to compile and install a program; 
14 
15 
(b) Interoperability -
the ability of information systems to operate in 
16 
conjunction with each other encompassing protocols, hardware software, 
17 
application, and data compatibility layers. In particular, it is the ability of 
18 
different types of computers, 
networks, 
operating 
systems, 
and 
19 
applications to work together effectively, without prior communication, in 
20 
order to exchange information in a useful and meaningful manner; 
21 
22 
(c) Open standards -
those standards, protocols, specifications, and any 
23 
other data formats made available to the general public and are 
24 
developed, 
approved 
and 
maintained via 
a public, 
collaborative, 
25 
transparent and consensus-driven process. In addition, open standards 
26 
must meet all of the following criteria: 
27 
28 
1) The adoption and development of the standard includes the 
29 
consideration of and response to inputs by interested parties, and 
30 
occurs on the basis of an open decision-making procedure 
31 
available to all; 
32 
33 
2) The standard has been published and the published document is 
34 
available freely. 
It must be permissible for all to copy, distribute 
35 
and use it without any fee; 
36 
37 
3) The standard is affirmed by an international standards development 
38 
organization (SOO) or, in the absence of such affirmation, at least 
39 
by a government-commissioned SOO; 
40 
41 
4) The 
standard 
is 
vendor neutral 
and 
allows 
for sufficient 
42 
development of a variety of competing interoperable products or 
43 
services, and; 
44 
45 
5) There are no constraints on the re-use of the standard. 
46 
47 
(d) Open Format -
a published specification for storing digital data that is 
48 
based on and employs open standards, and which are irnplementable by 
49 
both proprietary and free-open source software; 
50 
51 
(e) Free-Open Source Software (FOSS) - any software computer program ' 
52 
that meets all of the following criteria: 
53 
54 
1) The source code of the software, including the source code for 
55 
such other parts and components needed to compile and install the 
56 
software shall be readily available and accessible; 
57 
2 


1 
2) The license to use the program does not restrict nor require tees 
2 
such as royalties from anyone to redistribute, in any way, the 
3 
program as part of an aggregate software distribution or solution 
4 
containing other programs from several other sources; 
5 
6 
3) The license must allow modifications and derived works which, as 
7 
specified in Paragraph 4.2 of this Section, must allow for 
8 
redistribution without additional charges; 
9 
10 
4) The license to use must not discriminate against persons nor a 
11 
specific group of persons; 
12 
13 
5) The license of the program shall not be restricted to it being part of 
14 
a particular software distribution, hence, individual components of 
15 
an aggregate solution can be modified and redistributed in 
16 
accordance to Paragraphs 4.2 and 4.3 of this section; 
l7 
18 
6) 6. A software license must not restrict other software from being 
19 
used as part or in cooperation with the FOSS. Hence, the license 
20 
of the open source software can be used in conjunction with 
21 
proprietary software, and; 
22 
23 
7) The license must be technology neutral. No foreseeable/deliberate 
24 
restrictions should be placed regarding the use of the software in 
25 
any platform, or for any purpose. 
26 
27 
(f) FOSS License - any license and/or end-user agreement that ensures free 
28 
access and redistribution of free / open source software, the licenses of 
29 
which are generally approved by an internationally recognized FOSS ' 
30 
advocate body; 
31 
32 
(g) Total Cost of Ownership (TCO) -
covers all the costs involved in a 
33 
technology or business solution, including the initial investment cost and 
34 
maintenance, support, replacement, training and upgrade costs; 
35 
36 
(h) Government - includes the three separate branches of government and all 
37 
departments, bureaus, offices and agencies operating under each 
38 
separate branch of government, including schools and government-owned 
39 
and controlled corporations. 
40 
:41 
42 
SEC. 4. 
Legal Recognition of FOSS. - The government shall recognize the 
43 
validity and legitimacy of FOSS and FOSS licenses, subject to the provisions of 
'44 
existing laws, rules and regUlations. 
45 
46 
47 
SEC. 5. 
Government Rules and Policies on the Use and Adoption of Open 
48 
Standards and FOSS in Government. -
49 
50 
1. Use of Open Standards - The government shall use only leT goods and 
51 
services that comply with open standards except under extraordinary 
52 
circumstances as defined in Section 5.5 of this Act; 
53 
54 
2. Use of Open Formats - All government communication and data intended 
,55 
for public consumption shall be encoded in open standard data format; 
56 
3 


,I 
3. Use of FOSS - The government shall apply only FOSS or FOSS solutions 
2 
in all ICT projects and activities except under extraordinary circumstances 
3 
as defined in Section 5.5 of this Act; 
4 
5 
4. Use of RAND License for Open Standards -
Open standards licensed 
6 
under "Reasonable and Non-Discriminatory" (RAND) terms, and hence 
.7 
are not free but are available for a reasonable fee shall be used only 
8 
under extraordinary circumstances as defined in Section 5.5 of this Act; 
9 
10 
5. Extraordinary Circumstances -
The Commission on Information and 
11 
Communications Technology (CICT), through the Office of FOSS 
12 
Migration created under Section 15 shall determine, through public 
13 
hearing, whether there exists extraordinary circumstances that will exempt 
14 
a government agency or project from Sections 5.1 to 5.4 of this Act. 
15 
Extraordinary circumstances exist when: 
16 
17 
a) There is no reasonably available ICT goods or services supporting 
~8 
open standards and/or FOSS in the field, area or activity that the 
19 
government intends to engage in, or; 
20 
21 
b) A particular government agency or office has an existing, widely-
22 
used and widely implemented proprietary ICT system and there are 
23 
no reasonably available technology using open standards and/or 
24 
FOSS that can be used with the said proprietary system. 
25 
26 
6. Limitations on the Use of Proprietary Standards and Software in 
27 
Government -
Should there exist extraordinary circumstances as 
28 
enumerated in Section 5.5 of this Act, the government may use proprietary 
29 
standards and software subject to the following conditions: 
30 
31 
a) The state shall procure, purchase or acquire only ICT goods and 
32 
services that are interoperable and scalable with open standards; 
33 
34 
b) The state shall procure, purchase or acquire available software that 
35 
offers license most similar to FOSS as defined in Section 3 of this 
36 
Act, and; 
37 
38 
c) Open standards and FOSS will be selected and given preference 
39 
when 
existing systems are to 
be 
retired 
or need 
major 
40 
enhancements. 
41 
42 
'43 
SEC. 6. Adoption of FOSS Policy in Govemment Research and Development. -
44 
All software developed by government must be FOSS and open standards 
45 
compliant except in exigent circumstances where national security may be in \ 
46 
peril, or in such other case where the right to freedom to public information is 
47 
reasonably controlled as provided for by law. In case of exigent circumstances, 
48 
government shall release under a FOSS license for public consumption said 
49 
software, system and ICT goods and services when it is to be retired or replaced. 
50 
51 
52 
SEC. 7. Provision Against Single Vendor Lock-in and Dependence. - Under no 
53 
circumstances shall the government acquire ICT goods and services that are 
54 
restricted for use in a single vendor environment only. 
All prospective ICT 
55 
investments of the government shall comply with open standards. Existing ICT 
56 
systems will be reviewed for open standards compatibility and will be enhanced 
57 
to achieve open standards compatibility when appropriate. 
4 


1 
SEC. 8. Preference in Procurement of ICT Services and Goods. - In case there 
2 
is more than one company that offers FOSS and open standard compliant 
3 
solutions to the government with almost equal total cost of ownership, preference 
4 
shall be given to the Filipino-owned ICT Company. 
5 
.6 
if 
SEC. 9. Promotion of FOSS and Open Standards in Educational Institutions. -
8 
9 
1. The government, through the Commission on Higher Education (CHED), 
10 
Department of Education (DepEd), the National Computer Center (NCC), 
11 
the Department of Science and Technology (DOST) and other appropriate 
12 
agencies shall promote FOSS by providing laboratories, organizing 
13 
competitions, and encouraging research, thesis and dissertations on 
14 
FOSS development and the development of open standards; 
15 
16 
2. Within eight (8) months after this Act takes effect, DepEd, DOST, CHED 
17 
and the Technical Education and Skills Development Authority (TESDA) 
18 
shall spearhead the formulation and implementation of a curriculum for 
19 
training students and teachers on the use and development of FOSS in all 
2.0 
levels of education. They will also formulate in cooperation with the CICT 
21 
and other appropriate agencies, a basic government retraining and 
22 
certification program for existing IT professionals to test their proficiencies 
23 
and skills in implementing FOSS solutions; 
24 
25 
3. Higher educational 
institutions that offer 
professional 
certification 
26 
programs on the use and implementation of proprietary software and 
27 
solutions will be encouraged to offer similar certification programs for 
28 
FOSS and open standard solutions. 
29 
30 
31 
SEC. 10. Promotion of FOSS and Open Standards in the Private Sector. - The 
32 
government shall provide various types of non-fiscal incentives and support to 
33 
private sector entities involved in the use, promotion and development of FOSS 
34 
and open standards. 
35 
36 
37 
SEC. 11. Amending Section 22 of Republic Act 8293, otherwise known as the 
38 
"Intel/ectual Property Code of the Philippines. - Section 22 of RA 8293 otherwise 
39 
known as the Intellectual Property Code of the Philippines is hereby amended to 
40 
read as follows: 
'41 
42 
"X x x 
43 
'44 
"Section 22. Non-Patentable Inventions. The following shall be 
'45 
excluded from patent protection: 
46 
47 
22.1. Discoveries, scientific theories and mathematical methods; 
48 
49 
22.2. Schemes, rules and methods of performing mental acts, 
50 
playing games or doing business, and programs for 
51 
computers; 
52 
53 
22.3. Methods for the treatment of the human or animal body by 
54 
surgery or therapy and diagnostic methods practiced on the 
55 
human or animal body. This provision shall not apply to 
56 
products and composition for use in any of these methods; 
57 
5 


1 
22.4. Plant varieties or animal breeds or essentially biological 
'2 
process for the production of plants or animals. 
This 
'3 
provision shall not apply to microorganisms and non 
4 
biological and microbiological processes. 
5 
6 
Provisions 
under this 
subsection 
shall 
not 
preclude 
:7 
Congress to consider the enactment of a law providing sui 
8 
generis protection of plant varieties and animal breeds and a 
9 
system of community intellectual rights protection; 
1.0 
11 
22.5. Aesthetic creations; [and] 
12 
13 
22.6. COMPUTER PROGRAMS, TECHNIQUES AND METHODS 
14 
IN COMPUTING AND ARRANGING DATA FOR USE IN 
15 
DIGITAL FORMAT, INCLUDING ALGORITHMS; 
16 
17 
22.7. PROTOCOLS, 
SPECIFICATIONS, 
METHODS 
OF 
18 
ARRANGING DATA THAT ARE KNOWN TO FORM PART 
19 
OF 
OPEN 
STANDARDS 
OR 
ARE 
INTEGRAL 
TO 
20 
IMPLEMENTATION OF OPEN STANDARDS, AND; 
21 
22 
22.8. Anything which is contrary to public order or morality." 
23 
24 
25 
SEC. 12. Penalties. - Any act or omission on the part of any public official(s) 
26 
and/or individuals, juridical or otherwise, acting in conspiracy with public officials 
27 
Violating provisions of this Act shall be penalized in accordance with pertinent 
28 
provision(s) of RA 3019, otherwise known as the "Anti-Graft and Corrupt 
29 
Practices Act as Amended', "The Civil Service Law as Amended" or both 
30 
whichever is applicable. 
31 
32 
33 
SEC. 
13. 
Implementation. 
-
The 
Commission 
on 
Information 
and 
34 
Communications Technology (CICT) shall be the main government agency 
35 
tasked to oversee the implementation of this Act. Within six (6) months after this 
36 
Act takes effect, the CICT shall: 
37 
38 
1) Submit to the Office of the President and to Congress an audit of all 
39 
existing government ICT systems, and its recommendations as to system 
40 
migration and changes needed to fulfill the objectives of this Act; 
41 
42 
2) Come up with implementing rules and regulations for this Act which shall 
43 
include as minimum the following: 
44 
;45 
a) Within three (3) years, 90% of govemment IT professionals, and 
'46 
65% of the country's IT professionals must be proficient in the 
47 
implementation of FOSS systems; 
48 
49 
b) Within five (5) years, 75% of all existing govemment systems shall 
50 
be open standards compliant, and all government communication 
51 
and research data intended for public consumption and access 
:52 
shall be in open standard data format; 
53 
54 
c) Within five (5) years, 75% of all existing government systems shall 
55 
employ FOSS. 
To be qualified as compliant to this Act, one 
56 
machine is counted as employing FOSS! when at the minimum, its 
57 
operating system, and the computing programs used to fulfill the 
6 


1 
purpose of the machine (e.g., office suite programs for machines 
2 
intended for office use, or counting programs for counting 
3 
machines) are FOSS. 
4 
5 
d) The effective advocacy, training and development of a FOSS 
,6 
community in the country that will help in the development of FOSS 
7 
programs and in the advocacy of FOSS. 
8 
9 
10 
SEC. 14. Amending Executive Order 269, Promulgating Additional Mandate to 
11 
the CICT. - To successfully implement the provisions of this Act, the mandate of 
12 
CICT shall now include the following: 
13 
14 
1) Catalogue, compile and publish all existing international open standards 
15 
applicable to the Philippines; 
16 
17 
2) Pending applicable international open standards for the Philippines, the 
18 
CICT shall spearhead the development of open standards for the country 
19 
in the process ensuring the participation of Philippine ICT professional 
20 
organizations, non-government organizations and other stakeholders in 
21 
the creation of such; 
22 
23 
3) Ensure the compliance of all government agencies to this Act; and, 
24 
25 
4) Encourage private entities to adopt systerns and solutions compliant with 
26 
open standards. 
27 
28 
29 
SEC. 15. Creating the Office on FOSS Migration. - There shall be created an 
30 
Office on FOSS rnigration to be headed by a known FOSS advocate with at least 
31 
ten years of experience in the field of ICT and FOSS. Such office shall be an 
32 
attached agency of the CICT with its head receiving compensation, benefits, 
33 
privileges and other emoluments equivalent to a Commissioner of the CICT. 
34 
35 
The new office thus created shall have the following mandate, duties, powers 
36 
and responsibilities: 
37 
38 
1) Ensure the efficient, prompt and successful migration of all government 
39 
ICT goods and services to FOSS as mandated in this Act and its IRR; 
40 
41 
2) Determine, upon request of a government agency, if there exists 
42 
extraordinary circumstances enumerated in Section 5.5 of this Act that will 
43 
exempt a particular project or ICT implementation from Sections 5.1 to 5.4 
44 
of this Act; 
45 
46 
3) Review and ensure the compliance of all government agencies to 
47 
pertinent provisions of this Act; 
48 
49 
4) Train and develop human capital for FOSS in the Philippines; 
50 
51 
5) Coordinate with the DOST, National Computer Center (NCC) and other 
52 
government agencies, State Universities and Colleges, for modification, 
53 
customization and development of FOSS for government use; 
54 
55 
6) Aid in the prosecution of public officials and individuals, juridical or 
56 
otherwise, acting in conspiracy with government officials in refUSing to , 
57 
implement provisions of this Act; 
7 


.1 
7) Create its own sub-offices, hire staff including programmers for 
2 
modification, improvement and development of existing FOSS, and seek 
-3 
the services of consultants to aid in its mandate and successful 
4 
implementation of this Act; and, 
5 
6 
8) Disburse funds thereof for its operations . 
.7 
.8 
,9 
SEC. 16. Appropriations. - The sum of Twenty Million pesos (P20,000,000.00) 
1.,0 
shall be allocated for the CICT for the implementation of its new additional 
11 
mandate, and another Fifty Million pesos (P5D,DDD,DOO.OO) for the creation and 
12 
operations of the Office of FOSS Migration for the first year this bill is enacted 
13 
into law. Appropriations for the implementation of this Act for the succeeding 
14 
years shall be included in the General Appropriations Act. 
15 
16 
17 
SEC. 17. Separability Clause. - If any provision of this Act shall at any time be 
18 
found to be unconstitutional or invalid, the remainder thereof not affected by such 
19 
declaration shall remain in full force and effect. 
20 
21 
22 
SEC. 18. Repealing Clause. - All laws, decrees, rules or regulations inconsistent 
23 
with the provisions of this Act are hereby repealed or modified accordingly. 
24 
25 
26 
SEC. 19. Effectivity Clause. - This Act shall take effect after fifteen (15) days 
27 
following its complete publication in two (2) newspapers of general circulation. 
28 
29 
30 
31 
32 
33 
Approved, 
8