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SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session' 
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SENATE 
S.No. 2144 
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FEB 26 All :27 
Introduced by SENATOR TEOFISTO 'TG" GUINGONA III 
AN ACT 
CREATING THE DEPARTMENT OF INFORMATION AND 
COMMUNICATIONS TECHNOLOGY, DEFINING ITS POWERS AND 
FUNCTIONS, APPROPRIATING FUNDS THEREFORE, 
AND FOR OTHER PURPOSES 
EXPLANATORY NOTE 
This bill seeks to reorganize the Department of Transportation and Communication by 
creating a Department of Information and Communications Technology (DICT) that is a 
separate and distinct entity from the department that would handle the transportation sector. 
Section 24, Article II of the 1987 .Philippine Constitution declares that "The State 
recogoizes the vital role of communications and information in nation-building." It is 
imperative upon the state, therefore to establish a department that would exclusively focus on 
issues relating information and communications technology (lCT). The need to have such a 
depmtment is highlighted by our globalized environment, where the internet, the biggest 
innovation of modern times, has allowed us to connect with one another instantly and beyond 
borders. 
Under this proposed measure, the Department of Information and Communications 
shall be the primary policy, planning, coordinating, implementing, regulating and 
administrative entity of the executive branch of the Government that will promote, develop, 
and regolate integrated and strategic ICT systems and reliable and cost-efficient 
communication facilities and services. 
In view of the foregoing, immediate passage of the bill is 
Senator 


• 
SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S. No. 2144 
iJl'llat p 
(Ii}Hl;r llf Hp~ .:!'l'rrrbf~ 
·14 
FEB 26 All:27 
Introduced by SENATOR TEOFISTO "TG" GUINGONA III 
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 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 of2014." 
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SEC. 2. Declaration of Policy. It is hereby declared the policy of the State: 
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a. To ensure the provision of a strategic, reliable, cost-efficient and citizen-centric 
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information and communications technology (lCT) infrastructure, systems and 
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resources as instruments of nation-building and global competitiveness; 
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b. To foster a policy environment that will promote. a broader market-led development 
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of the ICT and ICT -enabled services sectors, a level playing field, partnership 
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between the public and the private sectors, strategic alliance with foreign investors 
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and balanced investments between high-growth and economically-depressed areas; 
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c. To foster and accelerate the convergence of ICT facilities; 
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d. To ensure universal access and high-speed connectivity at fair and reasonable costs; 


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e. To ensure the availability and accessibility of information and communications 
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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 an!i 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 
protection and welfare and foster a healthy competitive enviromnent; 
i. To promote the development of ICT expertise in the country's human capital to 
enable Filipinos to compete in a fast evolving information and communications age; 
j. To ensure the growth of the ICT and ICT-enabled services sectors; 
k. To preserve the rights of individuals to privacy and confidentiality of their personal 
information; 
1. To encourage the use of ICT for the development and promotion of the country's 
arts and culture, history, education, public health and safety, and other socio-civic 
purposes; 
m. To sust~in the development of the national postal system as an integral component 
of the overall development ofICT in the country; 
n. To ensure the security of ICT infrastructures and assets of individuals and 
businesses stored therein; 
o. To empower, through the use of ICT, the disadvantaged segments of the 
population, including persons with disabilities, such as the physically, emotionally or 
mentally challenged. 
SEC. 3. Definition of Terms. As used in this Act, the following terms are defined as 
follows: 
a. "Information and Communications Technology" or "ICT" shall mean the totality of 
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 
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 
Internet, fax machines and computers; 
b. "Electronic Government" or "E-Government" shall mean the application of ICT in 
government processes to bring about efficient, responsive, ethical, accountable and 
transparent government service; 
c. "ICT Sector" shall mean telecommunications operators, ICT equipment 
manufacturers, ICT solution providers, Internet service providers, ICT training 
institution~, softwar" developers and ICT -enabled service providers; 
d. "ICT-Enabled Services Sector" shall mean offshoring and outsourcing service 
providers, including call centers, back office processing, software development, 
medical or legal transcription, animation, game development, engineering or 
architectural design, and other services that require the intrinsic use of a networked 
information infrastructure; 
e. "Chief Information Officer" of "CIO" shall mean the title given to the board level 
head of ICT in an organization responsible for the development and maintenance of 
the organization responsible for the development and maintenance of the 
organization's ICT systems and applications. 
SEC. 4. Creation of the Department of Information and Communications Technology. 
There is hereby' created the Department of Inform'ation and Communications Technology, 
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 Communications. (DOTC). 
SEC. 5. Mandate. The Department shall be the primary policy, planning, 
coordinating, implementing, regulating and administrative entity of the executive branch of 
the Government that will plan, promote and help develop the country's ICT sector. 
SEC. 6. Powers and Functions. The Department shall exercise the following powers 
and functions: 
a. Formulate, recommend and implemerit national policies, plans, programs and 
guidelines for the ICT and ICT -enabled services sectors that will promote wider use 


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and development of ICT and provide increased and convenient access by the citizens 
to the same; 
b. Initiate, harmonize and coordinate all ICT plans and initiatives of government 
agencies to ensure overall consistency and harmony with e-government objectives in 
particular, and national objectives in general; 
c. Represent and negotiate for Philippine interest in matters pertaining to ICT in 
international bodies; 
d. Develop and maintain national ICT development plans and establish and administer 
comprehensive and integrated programs for ICT with due consideration to advances 
on convergence and other emerging technologies; and for this purpose, may invite any 
agency, corporation or organization, whether public or private, whose deVelopment 
programs in ICT are an integral. part thereof, to participate and assist in the 
preparation and implementation of such programs; 
e. Promote knowledge, information and resource sharing, database building and 
agency networking linkages among various government agencies; 
f. Ensure the development and protection of an integrated government information 
and communications infrastructure and coordinate all relevant government entities, 
taking into consideration the inventory ·of existing manpower, plans, programs, 
proposals, software and hardware, and the installed systems and programs; 
g. Provide an integrated framework in order to optimize all government ICT resources 
and networks and the identification and prioritization of all e-government systems and 
applications as provided for in the Government Information Systems Plan (GISP) and 
the Medium Term Philippine Development Plan (MTPDP); 
h. Coordinate and support the generation and acquisition of necessary resources as 
may be appropriate for the development, marketing, growth and competitiveness of 
the Philippine ICT and ICT -enabled services sectors; 
i. Develop, implement and improve, in coordination with concerned government 
agencies and industry associations, the government's leT capabilities and determine 
the personnel qualifications and other standards essential to the effective development 
and operation of government information and communications and infrastructure; 


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j. Encourage and establish guidelines for the use of public-private partnerships in the 
implementation of ICT 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 ICT research and development programs of the 
government in coordination with the Department of Science and Technology and 
other institutions concerned; 
I. Establish and prescribe rules and regula~ions for the establishment, operation and 
maintenance of ICT infrastructure in unserved and underserved areas, in consultation 
with the private sector, local government units (LOUs) and the academe; 
m. Provide policy-direction and guidance in ICT -related aspects for the operation and 
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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; 
r. In coordination with concerned agencies, promote strategic partnership and 
alliances among and between local and international ICT firms and institutions, 
research and development, educational and training institutions, and technology 
providers, developers and manufacturers, to speed up industry growth and enhance 
global competitiveness; 


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s. In coordination with concerned agencies, plan and implement such activities as may 
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be appropriate to enhance the competitiveness of Philippine workers, firms, and small 
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and medium enterprises in the global markets for ICT and ICT -enabled services; 
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t. In coordination with concerned agencies, establish and recommend the adoption of 
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qualification standards and enhance the career opportunities of ICT workers in 
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government; 
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u. In coordination with the Department of Education, Commission on Higher 
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Education and Technical Education and Skills Development Authority, formulate 
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policies and initiatives to promote ICT and ICT -enabled services education and the 
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development, promotion and application of ICT in education in a manner that is 
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consistent with the national goals and objectives, and responsive to the human 
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resource needs ofthe ICT and ICT -enabled services; 
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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 of the Secretary, the offices ofthe 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 the Department, in accordance with the programs of Government; 
c. Rationalize delivery systems necessary for the effective attainment of the objectives 
of the Department, in accordance with the programs of the Government; 
d. Review and approve request for fip-ancial and manpower resources of all operating 
offices ofthe Department; 
e. Designate and appoint officers and employees of the Department, excluding the 
Undersecretaries, Assistant Secretaries, and Regional and Assistant Regional 
Directors, in accordance with the Civil Service laws, rules and regulations; 
f. Coordinate with LGUs, other agencies and public and private interests groups, 
including non-government organizations (NGOs) and people's organizations (Pos) on 
Department policies and initiatives; 
g. Advice the President on the promulgation of executive and administrative orders 
and regulatory and legislative proposals on matters pertaining to ICT development; 
h. Serve as a member of the Government Procurement Policy Board as established by 
Republic Act No. 9184; 
i. Serve as the Chairman of the Board of the Philippine Postal Corporation in 
accordance with Republic Act No. 7354 and the Corporation Law; 
j. Formulate such rules and regulations and exercise such other powers as may be 
required to implement the objectives of this Act; 
k. Perform such other tasks as may be provided by Law or assigned by the President 
from time to time. 
SEC. 9. Undersecretaries. 
The Secretary shall be assisted by three (3) 
Undersecretaries, who shall be appointed by the President upon the recommendation of the 
Secretary: provided that one (1) of the Undersecretaries shall be a career officer coming from 
ranks of existing government information and communications agencies and officers or 
qualified ICT professionals in 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 
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of the Secretary. 
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SEC. 11. 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 shaH 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 shaH be headed by a Regional Director, who may be assisted by 
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one· (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 
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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, 
applicable funds and appropriations, records, equipment, property, and personnel 
transferred to the Department: 
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All 
operating units 
currently existing 
III the Information and 
Communications Technology Office (lCTO); 
2. National Computer Center (NCC); 
3. Telecommunications Office (TELOF); and 


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operating units of the Department of Transportation and 
Communications (DOTC) with functions and responsibilities dealing with 
communications. 
All offices, services, divisions, units and personnel not otherwise covered by 
this Act for transfer to the Department shall be retained under the DOTC, which is 
hereby renamed the Department ofTransport~tion. 
b. The following agencies are hereby attached to the Department for policy and 
pl'Ogram coordination, and shall continue to operate and function in accordance with 
the characters, laws or orders creating them, insofar as they are not inconsistent with 
this Act: 
I. National Telecommunications Commission; 
2. Philippine Postal Corporation. 
c. The laws and rules on govermnent reorganization as provided for in Republic Act 
No. 6656, otherwise known as the Reorganization Law, shall govern the 
reorganization process of the Department. 
SEC. 14. Postal Regulatory Authority. The exclusive power and authority to regulate 
the postal delivery services industry, as provided for under Presidential Decree No. 240 and 
Republic Act No. 7354, is hereby transferred to the Department. 
SEC. 15. E-Government Fund. There shall be an E-Govermnent Fund to be 
administered by the Department, which is a Special Account in the General Fund, created 
specifically to fund cross-agency and citizen-centric govermnent ICT projects. The Fund 
shall be used to support' and co-finance projects that enable the government to expand its 
ability to conduct activities electronically and provide frontline services through the 
development and implementation of innovative uses of the Internet or other emerging 
technologies. However, internal IT systems meant to support the agencies' IT operations shall 
be charged against the agencies' own budgetary allocations. 
SEC. 16. Implementation of the RPWeb. In consonance with the objectives of 
Administrative QrderNo. 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 (GIl), is hereby 


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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. 17. Sectoral and Industry Task Forces. The Department may create sectoral and 
industry task forces, technical working 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 rCT, as well as other NGAs, LGUs 
and government owned and controlled corporations (GOCCs), may be appointed to these 
working groups. Government IT professionals may also be tapped to partake in the work of 
the l)epartment through these working groups. 
SEC. 18. Structure and Staffing Pattern. The Department shall detennine its 
organizational structure and create new divisions or units as it may deem necessary, and shall 
appoint officers and employees of the Department in accordance with the Civil Service Law, 
rules, and regulations. 
SEC. 19. Magna Carta. Employees of the Department shall be covered by Republic 
Act 8439, which provides a magna carta for scientists, engineers, researchers and other 
science and technology personnel in the government. 
SEC. 20. Separation from Service. Employees separated from the service as a result 
of this reorganization shall, within ninety (90) days therefrom, receive the separation and 
retirement benefits to which they may be entitled under Executive Order No. 366. Provided 
that such separation pay and retirement benefits shall have priority of payment out of the 
savings of the department or agency. 
SEC. 21. Appropriation. The amount needed for the initial implementation of this Act 
shall be taken: from the currerit fiscal year's appropriation of the Infonnation and 
Communications Technology Office (lCTO) through the Office of the Presidency and all 
agencies herein absorbed by or attached to the Department. Thereafter, the amount needed for 
the operation and maintenance of the Department shall be included in the General 
Appropriations Act, provided that for the next fiscal year, the amount shall be One Billion 
Two Hundred Million Pesos (Pl,200,OOO,000.00) 
SEC. 22. Repealing Clause. All laws, decrees, executive orders, rules and regulations 
and other issuances or parts thereof which are inconsistent with this Act are hereby repealed, 
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 shall remain in full 
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force and effect. 
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SEC. 24. Effectivity Clause. This Act shall take effect fifteen (15) days from its 
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publication in at least two (2) papers of general circulation. 
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Approved,