FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
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) 
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SENATE 
S. NO. .178 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
Article II, Section 24, of the 1987 Philippine Constitution declares that the State recognizes the 
vital role of communications and information in nation-building. Thus, the Department of 
Transportation and Communications was created under the Administrative Code of 1987. The 
DOTC aims to provide the country with efficient, effective and secured transportation and 
communication systems that are globally competitive, compliant with international standards and 
responsive to the changing times. It recognizes the role of a reliable transformation and 
communications system as effective instruments for national recovery and economic progress. 
However, given the varying needs in the fields of transportation and communication, as well as 
the recent advancements made in the field of Information and Communications Technology, 
separate departments should be made to focus on each one ofthe fields to strengthen government 
initiatives and cope up with the demands of globalization as well as to promote Information and 
Communications Technology in recognition of the vital role that ICT plays in today's society. 
The best way to promote ICT in our country is to create an agency, a department that shall 
promote and champion ICT, a department that shall provide the needed focus as well as physical 
and human resource infrastructure to help develop the ICT industry. Thus, this bill seeks to 
create the Department ofInformation and Communications Technology (DICT) to establish and 
enhance the global competitiveness of our country. 
Under this proposed measure, the DICT shall primarily be the policy-making, planning, 
coordinating, implementing, regulating, and administrative entity of the government that will 
plan, promote and aid the development of the Philippines' Information and Communications 
Technology (lCT) sector. It shall also draw together communications-related offices dispersed 
among the Office of the President and the Department of Transportation and Communication 
(DOTC) under one department. 
In view of the foregoing, immediate passage of this biII is earnestly sought. 
=i~~ 
~ONNY" 
F. TRILLANES IV 
Senator 


FIFTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
. [} 
,lUI. -6 ,l\ 8 ::27 
_________________ 
S_.N_O_. ____ '_7_8 ____________ R_.E_C~_~i'_~_.O_~. 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
AN ACT 
CREATING THE DEPARTMENT OF INFORMATION AND COMMUNICATIONS 
TECHNOLOGY, DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING 
FUNDS THEREFOR, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and HOllse of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. Short Title. - This Act shall be known as the "Department of Information 
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and Communications Technology Act of 2010." 
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SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State: 
a. 
To ensure the provision of a strategic, reliable, cost-efficient and citizen-centric 
information and communications technology (ICT) infrastructure, systems and 
resources as instruments of nation-building and global competitiveness; 
b. 
To foster a policy environment that will promote a broader market-led development 
of the ICT and ICT -enabled services sectors, a level playing field, partnership 
between the public and the private sectors, strategic alliance with foreign 
investors and balanced investments between high-growth and economically-
depressed areas; 
c. 
To foster and accelerate the convergence ofICT facilities; 
d. 
To ensure universal access and high-speed connectivity at fair and reasonable costs; 
e. 
To ensure the availability and accessibility of information and communications 
services in areas not adequately served by the private sector; 
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f 
To promote the widespread use and development of emerging ICT; 
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g. 
To promote and assist the development of local ICT content, applications and 
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services; 
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h. 
To establish a strong and effective regulatory system that will ensure consumer 
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protection and welfare and foster a healthy competitive environment; 
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l. 
To promote the development of ICT expertise in the country's human capital to 
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enable Filipinos to compete in a fast-evolving information and communications 
age: 


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To ensure the growth of the lCT and ICT-enabled services sectors; 
k. 
To preserve the rights of individuals to privacy and confidentiality of their personal 
information; 
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To encourage the use of rCT for the development and promotion of the country's 
arts and culture, history, education, public health and safety, and other socio-civic 
purposes; 
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To sustain the development of the national postal system as an integral component 
ofthe overall development ofICT in the country; 
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To ensure the security ofICT infrastructures and assets of individuals and businesses 
stored therein; 
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To empower, through the use ofICT, the disadvantaged segments of the population, 
including persons with disabilities, such as the physically, emotionally or 
mentally challenged. 
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SEC. 3. Definition of Terms. -
As used in this Act, the following terms are defined as 
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follows: 
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a. "Information and Communications Technology" or "ICT" shall mean the totality of 
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electronic means to collect, store, process and present information to end-users in 
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support of their activities and services. It consists of computer systems, office systems 
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and consumer electronics. as well as networked information infrastructure, the 
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components of which include telephone, cable, wireless and satellite systems, the 
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Internet, fax machines and computers; 
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b. "Electronic Government" or "E-Government" shall mean the application of ICT in 
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government processes to bring about efficient, responsive, ethical, accountable and 
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transparent government service; 
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c. "ICT 
Sector" 
shall 
mean 
telecommunications 
operators, 
ICT 
equipment 
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manufacturers, ICT solution providers, Internet service providers, ICT training 
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institutions, software developers and ICT -enabled service providers; 
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d. "ICT-Enahled Services Sector" shaH mean offshoring and outsourcing service 
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providers, including cal1 centers, back office processing, software development, 
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medical or legal transcription, animation, game development, engineering or 
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architectural design, and other services that require the intrinsic use of a networked 
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information infrastructure; 
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e. "ChiefInformation Officer" or CIO" shall mean the title given to the hoard level head 
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of ICT in an organization responsible for the development and maintenance of the 
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organization's ICT systems and applications. 
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SEC. 4. Creation of the Department of Information and Communications Technology. 
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There is hereby created the Department of Information and Communications Technology, 
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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 
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and Communications (DOTC). 
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SEC. 5. Mandate. - The. Department shall be the primary policy, planning, coordinating, 
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implementing, regulating and administrative entity of the executive branch of the Government 
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that will plan, promote and help develop the country's ICT sector. 
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SEC. 6. Powers and Functions. - The Department shall exercise the following powers 
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and functions: 
lOa. Formulate, recommend and implement national policies, plans, programs and 
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guidelines for the ICT and ICT -enabled services sectors that will promote wider use 
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and development ofICT and provide increased and convenient access by the citizens 
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to the same; 
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b. Initiate, harmonize and coordinate all ICT plans and initiatives of government 
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agencies to ensure overall consistency and harmony with e-government objectives in 
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particular, and national objectives in general; 
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c. Represent and negotiate for Philippine interest on matters pertruning to ICT III 
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international bodies; 
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d. Develop and maintain national ICT development plans and establish and administer 
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comprehensive and integrated programs for 1 CT with due consideration 10 advances 
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on convergence and other emerging technologies; and for this purpose, may invite 
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any agency, corporation or organization, whether public or private, whose 
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development programs in ICT are an integral part thereof, to participate and assist in 
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the preparation and implementation of such programs; 
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e. Promote knowledge, information and resource sharing, database building and agency 
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networking linkages among various government agencies; 
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Ensure the development and protection of an integrated government information and 
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communications infrastructure and coordinate all relevant government entities, taking 
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into consideration the inventory of existing manpower, plans, programs, proposals, 
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software and hardware, and the installed systems and programs; 
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g. Provide an integrated framework in order to optimize all government ICT resources 
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and networks and the identification and prioritization of all e-government systems 
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and applications as provided for in the Government Information Systems Plan (GISP) 
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and the Medium Term Philippine Development Plan (MTPDP); 
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h. Coordinate and support the generation and acquisition of necessary resources as may 
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be appropriate for the development. Marketing, growth and competitiveness of the 
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Philippine rCT and ICT -enabled services sectors; 
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l. 
Develop, implement and improve, in coordination with concerned government 
agencies and industry associations. the government's ICT capabilities and determine 


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the personnel qualifications and other standards essential to the effective development 
and operation of government information and communications infrastructure; 
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Encourage and establish guidelines for the use of public-private partnerships in the 
implementation of rCT projects for government agencies in order to fast-track said 
projects and provide reasonable return-on-investment for the private sector, including 
but not limited to Build-Operate-Transfer (BOT) mechanisms; 
k. Assess, review and support rCT research and development programs of the 
government in coordination with the Department of Science and Technology and 
other institutions concerned; 
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Establish and prescribe rules and regulations for the establishment, operation and 
maintenance of ICT infrastructure in unserved and underserved areas, in consultation 
with the private sector, local government units (LGUs) and the academe; 
m. Provide policy-direction and guidance in ICT -related aspects for the operation and 
maintenance of a nationwide postal system that shall include mail processing, 
delivery services, and money remittance and payment services; 
n. Assist and provide technical expertise in the development of guidelines to the 
Intellectual Property Office (IPO) in the enforcement and administration of laws, 
standards, rules, and regulations governing ICT; 
o. In coordination with concerned agencies, the private sector and relevant international 
bodies, ensure consumer protection and welfare, and protect the rights of consumer 
and business users to privacy, security and confidentiality; 
p. Harmonize, synchronize and coordinate with appropriate agencies all ICT and e-
commerce policies, plans and programs; 
q. Coordinate with the Department of Trade and Industry in the promotion of trade and 
investment opportunities and protection of' investor interests in the ICT and ICT-
enabled services sectors; 
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In coordination with concerned agencies, promote strategic partnership and alliances 
among and between local and international rCT firms and institutions, research and 
development, educational and training institutions, and technology providers, 
developers and manufacturer, to speed up industry growth and enhance global 
competitiveness; 
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In coordination with concerned agencies, plan and implement such activities as may 
be appropriate to enhance the competitiveness of Philippine workers, firms, and small 
and medium enterprises in the global markets for lCT and lCT -enabled services; 
t. 
In coordination with concerned agencies, establish and recommend the adoption or 
qualification standards and enhance the career opportunities of ICT workers in 
government; 
u. In coordination with the Department of Education, Commission on Higher Education 
and Technical Education and Skills Development Authority, formulate policies and 
initiatives to promote ICT and ICT -enabled services education and the development, 


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promotion and application ofICT in education in a manner that is consistent with the 
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national goals and objectives and responsive to the human resource needs of the ICT 
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and 1 CT -enabled services sectors; 
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v. Facilitate the creation of the Chief Information Officer (CIO) Council, which shall 
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consist of CIOs of national government agencies (NGAs) with at least the rank of 
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Assistant Secretary, with the Secretary serving as the Chairman, to assist the 
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Department in implementing e-government initiatives; 
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w. Administer the E-Government Fund as specified in Section 15 and, in coordination 
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with the Department of Budget and Management, establish guidelines for the 
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disbursement and management of the E-Government Fund, including the monitoring 
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and evaluation system of projects funded under the said fund. 
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SEC. 7. Composition. -
The Department of Information and Communications 
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Technology shall be headed by a Secretary. The Department proper shall be composed of the 
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Office the Secretary, the offices of the Undersecretaries and the Assistant Secretaries. 
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SEC. 8. Secretary of Information and Communications Technology. - The Secretary 
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shall be appointed by the President, subject to confirmation by the Commission on 
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Appointments. 
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The Secretary shall have the following functions: 
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a. Provide executive direction and supervision over the entire operations of the 
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Department and its attached agencies; 
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b. Establish policies and standards for the effective, efficient and economical operation of 
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the Department, in accordance with the programs of the Government; 
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c. Rationalize delivery systems necessary for the effective attainment of the objectives of 
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the Department in accordance with the programs of the Government; 
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d. Review and approve request Tor financial and manpower resources of all operating 
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offices of the Department; 
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e Designate and appoint officers and employees of the Department, excluding the 
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Undersecretaries. Assistant Secretaries, and Regional and Assistant Regional Directors, in 
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accordance with the Civil Set-vice laws, rules and regulations; 
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f Coordinate with LGUs, other agencies and public and private interests groups, 
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including non-government organizations (NGOs) and people's organizations (POs) on 
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Department policies and initiatives; 
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g. Advice the President on the promulgation of executive and administrative orders and 
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regulatory and legislative proposals on matters pertaining to ICT development: 
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h. Serve as a member of the Government Procurement Policy Board as established by 
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Republic Act No. 9184; 
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i. Serve as the Chairman of the Board of the Philippine Postal Corporation in accordance 
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with Republic Act No. 7354 and the Corporation Law; 


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j. Formulate such rules and regulations and exercise such other powers as may be 
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required to implement the objectives of this Act; 
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k. Perform such other tasks as may be provided by Law or assigned by the President from 
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time to time. 
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SEC. 9. Under.~ecretaries. - The Secretary shall be assisted by three (3) Undersecretaries, 
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who shall be appointed by the President upon the recommendation of the Secretary: provided 
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that one (l) of the Undersecretaries shall be a career officer coming from ranks of existing 
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government information and communications agencies and offices or qualified ICT professionals 
lOin the private sector. 
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SEC. 10. Assistant Secretaries. - The Secretary shall be assisted by three (3) Assistant 
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Secretaries who shall be career officers appointed by the President upon the recommendation of 
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the Secretary. 
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SEC.II. Qualifications. - No person shall be appointed Secretary, Undersecretary or 
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Assistant Secretary of the Department unless he is a citizen and resident of the Philippines of 
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good moral character, and of proven integrity. 
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SEC. 12. Regional Offices. - The Department shall be authorized to establish, operate, 
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and maintain Regional Office in each of the administrative regions of the country as the need 
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arises. The regional office shall be headed by a Regional Director, who may he assisted by one 
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(1) Assistant Regional Director. The Regional Offices shall have, within their respective 
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administrative regions, the following functions: 
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a. Implement laws, policies, plans, programs, projects, rules and regulations of the 
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Department; 
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b. Provide efficient and effective service to the people; 
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c. Coordinate with regional offices of other departments, offices, and agencies; 
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d. Coordinate with LGUs; 
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e. Perform such other functions as may be provided by law or assigned by the Secretary. 
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SEC. 13. Transfer of Agencies and Personnel-
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a. The following agencies are hereby abolished, and their powers and functions, 
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applicable funds and appropriations, records, equipment, property, and personnel transferred to 
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the Department: 
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1. All operating units currently existing In the Commission on Information and 
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Communications Technology (CICT); 
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2. National Computer Center (NCC); 
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3. Telecommunications Office (TELOF); 


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4. All operating units of the Department of Transportation and Communications 
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(DOTC) with functions and responsibilities dealing with communications. 
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All offices, services, divisions, units and personnel not otherwise covered by this Act for 
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transfer to the Department shall be retained under the DOTC, which is hereby renamed the 
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Department of Transportation. 
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b. The following agencies are hereby attached to the Department for policy and program 
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coordination, and shall continue to operate and function in accordance with the charters, laws or 
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orders creating them, insofar as they are not inconsistent with this Act: 
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l. National Telecommunications Commission; 
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2. Philippine Postal Corporation. 
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c. The laws and rules on government reorganization as provided for in Republic Act No. 
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6656, otherwise known as the Reorganization Law, shall govern the reorganization process of 
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the Department. 
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SEC. 14. Postal Regulatory Authority. - The exclusive power and authority to regulate 
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the postal delivery services industry, as provided for under Presidential Decree No. 240 and 
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Republic Act No. 7354, is hereby transferred to the Department. 
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SEC. 15. E-Gol'ernment Fuml - There shall be an E-Government Fund to be 
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administered by the Department, which is a Special Account in the General Fund, created 
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specifically to fund cross-agency and citizen-centric government lCT projects. The Fund shall be 
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used to support and co-finance projects that enable the government to expand its ability to 
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conduct activities electronically and provide frontline services through the development and 
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implementation of innovative uses of the Internet or other emerging technologies. However, 
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internal IT systems meant to support the agencies' IT operations shall be charges against the 
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agencies' own budgetary allocation. 
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SEC. 16. Implementation of the RPWeb. - In consonance with the objectives of 
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Administrative Order No. 332 and Republic Act No. 8792, the primary responsibility over the 
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implementation of the RPWeb or the electronic online network of the government which shall 
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serve as initial platform of the Government Information Infrastructure (GU) is hereby transferred 
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to the Department. For this purpose, the Department shall continue utilization of all funds, 
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monies, interests and properties outstanding and accruing from the RP Web. 
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SEC. 17. Sectoral ami Industry Task Forces. - The Department may create sectoral and 
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industry task forces, technical working groups, advisory bodies or committees for the furtherance 
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of its objectives. Additional private sector representatives such as from the academe and 
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federation of private industries directly involved in lCT as well as other NGAs, LGUs and 
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government owned and controlled corporations (GOCCs), may be appointed to these working 


groups. Government IT professionals may also be tapped to partake III the work of the 
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Department through these working groups. 
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SEC. 18. Structure and Staffing Pattern. - The Department shall determine its 
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organizational structure and create new divisions or units as it may deem necessary, and shall 
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appoint officers and employees of the Department in accordance with the Civil Service Law, 
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rules, and regulations. 
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SEC, 19. Magna (arta - Employees of the Department shall he covered by Republic 
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Act 8430, which provides a magna carta for scientists, engineers, researchers and other science 
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and technology personnel in the government. 
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SEc'20. Separation from Service. - Employees separated from the service as a result of 
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this reorganization shall, within ninety (90) days therefrom, receive the separation and retirement 
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benefits to which they may be entitled under Executive Order No. 366. Provided that such 
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separation pay and retirement benefits shall have priority of payment out of the savings of the 
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department or agency. 
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SEC.21. Appropriation. - The amount needed for the initial implementation of this Act 
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shall he taken from the current fiscal year's appropriation of the CICT through the Office of the 
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President and all agencies herein absorbed by or attached to the Department. Thereafter, the 
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amount needed for the operation and maintenance of the Department shall be included in the 
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General Appropriations Act, provided that for the next fiscal year, the amount shall be One 
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Billion Two Hundred Million Pesos (PI ,200,000,000.00). 
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SEC.22. Repealing Clause. - All laws, decrees, executive orders, rules and regulations 
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and other issuances or parts thereof which are inconsistent with this Act are hereby repealed, 
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amended or modified accordingly. 
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SEC.23. Separability Clause. - If any provision of this Act shall be declared 
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unconstitutional or invalid, the other provisions not otherwise affected shaH remain in full force 
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and effect. 
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SEC, 24. Effectivity Claase. - This Act shall take effect fifteen (15) days from its 
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publication in at least two (2) papers of general circulation. 
Approved,