E REPRESEN

fe)
fv _E-Filed
Republic of the Philippines fg RECEIVED
HOUSE OF REPRESENTATIVES ||
‘Quezon City

NINETEENTH CONGRESS
First Regular Session

TIME 5:57pm

House Bit xo.4776

Introduced by REP. REX GATCHALIAN

AN ACT
INSTITUTIONALIZING THE TRANSITION OF THE GOVERNMENT TO
E-GOVERNANCE IN THE DIGITAL AGE, APPROPRIATING FUNDS THEREFOR,
AND FOR OTHER PURPOSES

EXPLANATORY NOTE

‘Time and again, the media has highlighted one of the most infamous symbols
of government service in the Philippines, long lines. Traditionally, virtually any form
of government service - whether to obtain documents, submit application for permit,
or attend an appointment - would require Filipinos to wait in stretching queues.
Despite innovations in technology, the public sector has been left behind in terms of
transitioning to digital platforms to render their duties and obligations.

The COVID-19 pandemic only exacerbated the existing problems in the
delivery of government services in the country. Due to the pressing need to practice
social or physical distancing, government agencies, financial institutions, and other
public offices have been forced to operate at a limited capacity on the ground, if not
shut down entirely. Since people cannot physically queue in government offices for
services and most government personnel cannot physically report to work, the flow
of government services has been unprecedentedly impaired.

The shift to digital platforms has been a long time coming. The pandemic only
expedited the need for its execution, The policies in the “new normal” must be
responsive to the needs of the populace and allow them to truly feel a sense of
normalcy, rather than burden them with inevitable but avoidable restrictions.
Digitalization of services is evidently the most efficient solution to gap the delivery of

DATE September 13,2022 5),
*

A



government services. It is high time to enact a law that will require all government
agencies to transition to digital platforms.

‘This bill seeks to recognize the vital role of communication and information in
nation-building and the necessity of harnessing the power of information and
communications technology in pursuit of national development and progress. This
bill further seeks to establish an integrated, interconnected, and interoperable
information and resource sharing communications network spanning the entirety of
the national and local government, an internal records management information
system, an information database, and digital portals for the delivery of public
services, It likewise pushes for the digitization of paper-based and other traditional
modes of workflows for a more efficient and transparent public service. Moreover,
this bill encourages government cooperation with the private sector in providing
resources, assets, and services.

In view of the foregoing, approval of this bill is earnestly sought.

sentative
1A District, Valenzuela City


Republic of the Philippines
HOUSE OF REPRESENTA’

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL No. 4776

Introduced by REP. REX GATCHALIAN

AN ACT
INSTITUTIONALIZING THE TRANSITION OF THE GOVERNMENT TO E-
GOVERNANCE IN THE DIGITAL AGE, APPROPRIATING FUNDS THEREFOR,
AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the “E-Governance Act.”

SEC. 2. Declaration of Policy and Purposes. ~ It is hereby declared the policy
of the State to recognize the vital role of communication and information in nation-
building and the necessity of harnessing the power of information and
communications technology in pursuit of national development and progress. The
State hereby adopts a policy to create, foster, and sustain a digitally empowered and
integrated government that provides responsive and transparent online citizen-
centered services for a globally competitive Filipino nation.

In pursuit of this policy, this Act shall have the following purposes:

(A) Provide effective leadership of government efforts to develop and
promote electronic government services and processes by providing
guidance to the Department of Information and Communications
Technology (DICT) in accordance with its mandate;

(B) Promote the use of the Internet, Intranet, and other information and
communications technologies to provide increased opportunities for
citizen participation in government;


weawaunswune

BHYEYRHEBRBRBSRRRBRRLESRET REGRESS

(c)

{E)

(a)

(H)

1)

Promote inter-agency collaboration in providing electronic government
services, where this collaboration would improve the service to citizens
by integrating related functions, and in the use of internal electronic
government processes, where this collaboration would improve the
efficiency and effectiveness of the processes;

Improve the ability of the government to achieve agency missions and
program performance goals;

Promote the use of the Internet, Intranct, and emerging technologies
within and across government agencies to provide citizen-centric
government information and services;

Reduce costs and burdens for businesses and other government
entities;

Promote better informed and data-driven decision making by policy
makers, taking into consideration data analytics results;

Promote access to high quality government information and services
across multiple channels;

Make the national and local governments transparent and accountable;

‘Transform agency operations by utilizing, where appropriate, best
practices from public and private sector organizations, both local and
international; and

Provide enhanced and secured access to government information and
services in a manner consistent with laws regarding protection of data
privacy, national security, records retention, access for persons with
disabilities, and other relevant laws.

SEC. 3. Coverage. - This Act shall apply to all government offices and
agencies including local government units and government-owned or -controlled
corporations.


1
b
3
4
5
6
7
8
3

BURERHRBRBESRRERBSRSSESRREGRES

SEC. 4. Definition of Terms. ~ As used in this Act:

(A)

B)

{(c)

(D)

()

(G)

Application Programming Interfaces (APIs) refers to functions that allow
connection or interaction between applications, programs, software
components, systems, hardware, and micro-services of different
persons or organizations, which may be utilized to enable efficient and
widespread delivery of government services.

E-Govemance refers to use of information and communications
technology by the government and the public to enhance the access to
and delivery of government services to bring about efficient, responsive,
ethical, accountable and transparent government service.

ICT Assets refer to any data, device, equipment, infrastructure, system,
or component thereof, or property, owned or possessed by the DICT in
accordance with its mandate, utilized to ensure or support the proper
and efficient operation and implementation of ICT-related programs
and delivery of ICT services.

ICT Plan refers to the sum or set of goals, measures, strategies, agenda,
and programs for the implementation of ICT programs and projects and
the use of information and communications technology, including
digital platforms, to deliver public services or otherwise perform
governmental functions.

Information Security Standards (ISS} refers to generally acceptable
security standards which aim to protect and secure the confidentiality,
integrity, availability, authenticity, and non-repudiation of information.

Internet refers to a public enterprise network that shares data or
application resources via Internet Protocol (IP).

Intranet refers to a private enterprise network that shares data or
application resources via IP.


wrwranewne

BRREKRHEBRBRBSRRERRERS EES REETRES

(H)

Workflow refers to the sequence of industrial, administrative, or other
processes through which a piece of work passes from initiation to
completion.

(CHAPTER 1
ROLE OF THE GOVERNMENT

SEC. 5. Responsibilities of the Heads of Government Agencies. ~ The head of
each agency, office, and instrumentality of the national and local government shall
be responsible for:

{A)

®)

(ce)

()

&)

Complying with the requirements of this Act, including related
standards for all ICT infrastructure, systems, equipment, designs, and
all other technology, which shall be promulgated by the DICT;

Complying with the standards and protocols for cybersecurity,
resiliency, privacy, and confidentiality, which shall also be promulgated
by the DICT;

Ensuring that the information technology standards promulgated by
the DICT are communicated promptly and effectively to all relevant
officials within their agency;

Supporting the efforts of the national and local government to develop,
maintain, and promote an integrated Internet-based system of
delivering government information and services to the public; and

In consultation with the DICT, establishing and implementing the
information security policy and standards within their organization, in
consideration of their respective technology needs and risks.

To these ends:
Agencies shall develop performance measures that demonstrate how

electronic government enables progress toward agency objectives,
strategic goals, and statutory mandates;


corsa H rune

Sense aor es

BEE

2
23
24
25
26
27
28
29

31
32

33

35

{c)

(D)

‘Agencies shall, in measuring performance, rely on existing data
collections to the extent practicable. Areas of performance
measurement that agencies should include customer service; agency
productivity; and adoption of innovative information technology,
including the appropriate use of commercial best practices;

Agencies shall link their performance goals, as appropriate, to key
groups, including citizens, businesses, and other governments;

Agencies shall, as appropriate, work collectively in linking their
performance goals to key groups and shall use information technology
in delivering government information and services to those groups; and

Agencies shall ensure that all information systems strategic plan
(ISSPs) and information and communications technology (ICT) plans
are updated annually and considered in their budget preparation
activities.

SEC.6. Role of the Department of Information and Communications
Technology ~The DICT shall, in addition to its mandates and functions:

(F)

(Gg)

Harmonize and coordinate all national ICT plans and initiatives to
ensure knowledge, information and resource-sharing, database-
building, and agency networking linkages among government agencies,
consistent with E-Government objectives in particular, and national
objectives in general;

Ensure the development and protection of integrated government ICT
infrastructures and designs, taking into consideration the inventory of
existing manpower, plans, programs, software, hardware, and installed
systems;

Assist and provide technical expertise to government agencies in the
development of guidelines in the enforcement and administration of
laws, standards, rules, and regulations governing ICT;


weevaneune

Serer ores

RBESSRBEE

uy
Sm

Ss #288 &

ye
so

‘Assess, initiate, review and support ICT research and development
programs of the government; and

Prescribe, in accordance with applicable civil service laws and rules,
the creation of data protection and other ICT-related government
positions and the corresponding compensation rates aligned with the
personnel needs of a digitalized government, as well as the
qualifications, standards, duties, and functions essential to the
effective development and operation of government ICT infrastructures
and systems.

SEC. 7. DICT as the Primary Implementing Body. - The DICT shall be the
primary implementing body and principal administrator of this Act. All ICT projects
in the Philippines shall be done in accordance with the National ICT Development
Agenda. For this purpose, the DICT shall establish measures to implement policies
under this Act and ensure that all ICT projects in the Philippines, whether national
or local are harmonized with the overall ICT plans and in compliance with applicable
standards. Accordingly, the DICT shall:

(A)

(B)

(c)

(D)

Adopt a national policy and process that would facilitate the entry and
adoption of technologies consistent with the goals of this Act;

Support and supervise the government agencies in ensuring the
quality, security, reliability, and interoperability of their respective ICT
infrastructure and services in accordance with international or
industrial standards, specifications, and best practices;

‘Tap the private sector and enter into partnerships and joint ventures
in accordance with the goals of this Act;

Mandate and supervise the adoption of policies and processes to ensure
the implementation of this Act;


Boevauewne

SRRRRRRERRARBEESRREGEE

31
32
33
34
35

(E) Mandate and supervise the interconnection or interoperability of ICT
infrastructure, systems, and facilities when necessary to achieve the
goals of this Act; and

(F) Regulate and supervise the operations of ICT infrastructure, systems,
and facilities, and in the exercise of such functions, in accordance with
applicable laws and rules, charge reasonable administrative and
operational fees as may be necessary.

SEC. 8. The DICT-Project Management Office. - Within one year from the
effectivity of this Act, the DICT shall establish a government-wide Project
Management Office (PMO), which shall cater to and address to the portfolio, program,
and project management needs of government agencies, with the end goal of ensuring
that ICT projects across the government are managed with efficiency and agility
following international best practices and standards, to deliver successful projects,
with the goal of delivering lasting benefits and value through new or enhanced ICT
services.

‘The DICT shall provide guidelines on the operation of the PMO and as to the
qualifications of personnel under the PMO, who shall, at the minimum obtain
internationally-recognized certifications and a required number of units on Project
Management, Program Management, IT Service Management ITIL, The Open Group
Enterprise Architecture, Risk Management, and other similar fields or
specializations. For this purpose, the ICT Academy created under this Act shall
ensure that courses, multimodal training, and certifications to develop this human
resource are regularly offered.

SEC. 9. Chief Information Officer. - The appointed Chief Information Officer
(CIO) in every government agency is mandated to ensure that ICT systems are
properly secured and compliant with standards imposed by relevant laws, rules and
regulations, including, among others, the Data Privacy Act and other policies issued
by the DICT.

SEC. 10. inclusivity. - In accordance with the provisions of this Act on the
Philippine Citizen Connect Program, when promulgating policies and implementing
programs regarding the provision of government information and services over the


eo ana wne

PRERERHBRBRBYRRREHBRERSSEGRRESRES

internet and other platforms or channels, agency heads shall consider the impact on
persons without access to such platforms or channels, and shall, to the extent
practicable, ensure that the availability of government information and services has
not been or will not be diminished for individuals and entities who lack access to the
internet; and pursue alternate modes of delivery that make government information
and services more accessible to individuals who do not own computers or lack access:
to the internet or other platforms and channels,

CHAPTER 2
‘THE INTEGRATED GOVERNMENT NETWORK

SEC. 11. Establishment of the Integrated Government Network. - The DICT
shall establish an integrated, interconnected, and interoperable internal government
network, to be known as the “Integrated Government Network” (IGN), which shall act
as the primary means for the sharing and communication of resources, information,
and data through and on digital and electronic platforms across all of the
government. The DICT, subject to relevant laws, rules and regulations, may use
either or both public and private funds in the construction and establishment of IGN
as it may deem financially prudent. The IGN shall also act as the government's
primary and focal information management tool and communications network.

SEC. 12. Scope and Coverage of the IGN. - The IGN shall cover all branches,
agencies, instrumentalities, and offices of the national and local government,
including government-owned and controlled corporations.

SEC. 13. Interconnectivity and interoperability of the IGN to Existing
Government Networks. ~ All internal networks already established and maintained
by any government agency, office, or instrumentality, including local governments,
shall upon the effectivity of this Act, enact measures to establish interconnection to
and interoperability with the IGN.

SEC. 14, Internal Records Management Information System. —The government
shall establish, maintain, and support a records management system for the
systematic, efficient, and cost-effective management of all government and public
documents and records. All paper-based documents and records shall be digitized,
migrated to, and managed through this system.


wowan awn

BRRSHRESRBRBNSRRREBSRBSESHRREEEES

Further, the government shall establish a framework to allow efficient
interoperability among agencies, offices, and instrumentalities of the national and
local government when using electronic signatures, including processing of digital
signatures.

SEC. 15. Internal Email Network. - The government shall establish and
maintain an internal email and communications network, to be known as “GovMail,”
for internal and intra-government communications, information dissemination and
sharing, coordination, feedback, and other similar and related purposes. It shall be
structured in a manner that ensures that the usc and operation of such email
network shall be accessible, safe, interactive, interconnected, and interoperable.
GovMail may be established using public or private funds, as the government may
deem financially prudent and subject to relevant laws, rules, and regulations.

SEC. 16. Migration, Digitization, and Automation of Paper-Based Workflows. ~
All paper-based government and bureaucratic workflows involving internal
communications, information dissemination and sharing, coordination, feedback,
and other similar and related purposes shall be migrated, digitized, and, as far as
practicable, automated.

Notwithstanding the provisions of this Act, communication, information
dissemination and sharing, coordination, and feedback which deals with critical and
sensitive information as may be determined by the head of the agency shall be
allowed to be conducted through traditional and non-digital means as may be
deemed appropriate for the purpose by the head of the agency.

Respective government agencies and units shall take the lead and be
responsible for the implementation of this section, with the support and supervision
of the DICT. To enhance interagency and government interoperability, all information
systems developed by the government must support secure and interoperable
Application Programming Interface (API) Capabilities.

CHAPTER 3
‘THE PHILIPPINE INFORMATION DATABASES


wean an naune

BREBRYSRRENRRRENESESHRREERES

SEC. 17. The Philippine Individual Information Database and Civil Registration
‘System. ~The government shall strengthen the existing databases, It shall establish,
maintain, and support an individual information database which shall act as a
national repository and directory of information and data on citizens of the
Philippines, whether residing in the Philippines or not, and foreign nationals who
enters the Philippines through legal channels.

Information and data to be stored on these databases including names,
addresses, whether permanent or temporary, national identification numbers, dates
and places of birth, citizenship, civil status, biometric data and information, and
other associated information shall be secured with reasonable and appropriate
safeguards for data protection and information security: Provided, That the
acquisition and storage of data and information on the database shall not in any way
violate any applicable domestic and international laws and rules on privacy of data
and information.

SEC. 18. Access to and Use of the Database. - The databases shall be
accessible, through secure digital platforms to all appropriate agencies, offices, and
instrumentalities of the government for purposes consistent with legitimate and valid
public purposes, subject to the provisions of the Data Privacy Act (Republic Act
10173): Provided, That access and use of the information in the databases shall be
limited to the performance of a public function or the provision of a public service
pursuant to the agencies’ respective mandates. Provided further, That the individual
whose personal data will be accessed has been notified and has provided prior
consent or authorization in relation to the transaction with the pertinent government
agency requiring access and use to personal data contained in a separate database.

All government agencies, offices, and instrumentalities with access to the
database shall maintain a record of all the instances when, where, and how such
agency, office, or instrumentality, or its duly authorized representatives, had
accessed any information or data stored on the database and the purposes of such

access, including the identity of the actual person or persons gaining access to the
said database.

Notwithstanding the provisions of this Act, access to and use of the resources,
information, and data on the database shall be in accordance with all relevant


BeooarwvS]weawne

domestic and international laws, rules, and regulations on data and information
privacy and the pertinent rules on confidentiality of government information.

SEC. 19. Integration with the Philippine Identification System. — The Philippine
Identification System generated tokens, including any existing and planned
mechanisms for tokenization or other privacy preserving mechanisms shall be fully
integrated with the database, in accordance with existing laws, rules, and
regulations.

SEC. 20. Automatic and Real-Time Updating of Information. ~The government
shall establish and maintain measures to ensure that information stored on the
database shall automatically and in real time be updated across the entire
government network, regardless of when and where the change in such data or
information was first made or submitted, with the end view that an update made at
any access point in the government network shall automatically be reflected and
accessible across all access points in real time: Provided, That the individual whose
information is updated in real-time shall be notified and informed of the details of
the update in real-time; Provided further, That should there be an error in the update,
simple and convenient mechanisms should be available to the individual to submit
fa request for correction which shall be acted upon without undue delay: Provided
finally, That should an erroneous update be done with malice, bad faith, or intent to
cause any harm to the individual whose information was updated, the person
causing such erroncous update shall be subject to criminal liability in accordance
with the provisions of the applicable and relevant penal laws.

SEC. 21. Single Source of Truth. - In order to have access to the most updated
data, the government shall establish and maintain measures to ensure that the
parent government agency responsible for a set of data shall own, maintain, and
protect the data while giving access via APIs to other agencies.

SEC. 22. Creation of Data Exchange Protocols. — The DICT shail establish a
data exchange protocol between and among agencies and private sector which shall
ensure legitimacy of access to data, security of information, and compliance with
applicable domestic and international laws on data privacy.


wav Aanre wn

SREEBRHYBRBESRREBRSRBEESRAEERES

‘THE PUBLIC SERVICE DIRECTORY

SEC. 23. The Public Service Directory. - The government shall establish,
maintain, and support a directory, to be known as the “Philippine Public Service
Directory,” of all civil and public officials and servants throughout the country,
including names, titles, telephone and facsimile numbers, departmental names,
office locations, and e-mail addresses, Any changes to the information stored on and
accessed through the directory shall be reflected in real time.

‘The directory shall also have a separate database aspect that houses public
sector API details such as endpoints, information on getting, credentials maintainers,
and others, The database shall also be adaptive to show only the available APIs
depending on the defined access rights. Public APIs such as Metro Manila
Development Authority traffic update, Ninoy Aquino International Airport flight
schedules, LGU garbage collection schedule and the likes can be seen by all users
including unauthenticated users. Others are visible to only those with appropriate
permissions.

SEC. 24. Access to and Use of the Directory. - The directory shall be
accessible, through digital platforms such as intranet and internet, to all citizens of
the Philippines and foreign nationals who have entered the Philippines through
legitimate channels for legitimate and valid purposes consistent with civil service
rules and the right of the public to information.

Notwithstanding the provisions of this Act, access to and use of the resources,
information, and data on the directory shall be in accordance with all relevant laws,
rules, and regulations on data and information privacy and the pertinent rules on
confidentiality of government information

CHAPTER 5
‘THE GOVERNMENT E-PORTALS

SEC. 25. Establishment of Online Public Service Portal for Individuals and
Business. ~ In accordance with the policy of the government to maintain and promote
an integrated internet-based system of providing the public with access to
government information and services, the government, through the DICT, shall


weownaune une

BPYERESHBRBRESRREBRESSRYRRESRES

establish, maintain, and continuously update a portal which shall serve as &
helpdesk where citizens can request for information and assistance on government
frontline services, service procedures, and report commendations, appreciation,
complaints, and feedback.

‘The online portal shall also serve as centralized contact point where all
communications from the public through such portal may be routed, logged,
responded to, and ultimately distributed to the different government agencies for
proper handling and resolution, and follow through if necessary.

SEC, 26. Access to and Use of the Online Public Service Portal. ~ The portal
shall be accessible, through digital platforms such as the intranet and internet, to
citizens of the Philippines, foreign nationals who have entered the Philippines
through legitimate channels, and businesses organized and existing or operating
under the laws and rules of the Philippines for purposes consistent with the efficient
delivery of public services.

Notwithstanding the provisions of this Act, access to and use of the resources,
information, and data through the portal shall be in accordance with all relevant
laws, rules, and regulations on data and information privacy and the pertinent rules
on confidentiality of government information.

SEC. 27. Government Frontline Services Through the Portal. — All government
agencies, offices, and instrumentalities which provide frontline services, as defined
under Republic Act No. 9485 or the “Anti-Red Tape Act of 2007", as amended, shall
establish and maintain measures to ensure that such services are accessible and
capable of delivery to the public through the portal.

All offices and agencies which provide frontline services are hereby mandated
to regularly undertake time and motion studies, undergo evaluation and
improvement of their transaction systems and procedures and re-engineer the same
if deemed necessary to maximize the use of the portal for efficiency and transparency.

SEC. 28. Access to Frontline Services, ~ The following shall be adopted by all
government offices and agencies covered in the immediately preceding paragraph:

13


weovauawne

y v Pee ee ee Be
BRREBRBRBSRHERRSEERESB

geeesees

Re

(B)

Acceptance of applications and request. - All officers or employees shall
accept written applications, requests, and/or documents being
submitted by clients of the office or agencies through the portal.

‘The responsible officer or employee shall acknowledge receipt of such
application and/or request by writing or printing clearly thereon,
through the portal, his/her name, the unit where he/she is connected
with, and the time and date of receipt.

The receiving officer or employee shall perform a preliminary
assessment of the request so as to promote a more expeditious action
on requests.

Action of offices. - All applications and/or requests submitted through
the portal shall be acted upon by the assigned officer or employee
during the period stated in the Citizen's Charter which shall not be
longer than five working days in the case of simple transactions and
ten (10) working days in the case of complex transactions from the date
the request or application was received. Depending on the nature of the
frontline services requested or the mandate of the office or agency
under unusual circumstances, the maximum time prescribed above
may be extended. For the extension due to nature of frontline services
or the mandate of the office or agency concerned the period for the
delivery of frontline services shall be indicated in the Citizen's Charter.
‘The office or agency concerned shall notify the requesting party in
writing of the reason for the extension and the final date of release for
the extension and the final date of release of the frontline service/s
requested,

No application or request shall be returned to the client without
appropriate action. In case an application or request is disapproved,
the officer or employee who rendered the decision shall send a formal
notice to the client within five working days from the receipt of the
request and/or application, stating therein the reason for the
disapproval including a list of specific requirement/s which the client
failed to submit.

14


woawrans wn

8 yo x Pee ee eee eB
NRREBRRBSSELCRREEHES

£ee kes

ve
ae

©

(D)

Denial of request for access to government service. - Any denial of
request for access to government service shall be fully explained in
writing and through the portal, stating the name of the person making
the denial and the grounds upon which such denial is based. Any
denial of request is deemed to have been made with the permission or
clearance from the highest authority having jurisdiction over the
government office or agency concerned.

‘Access to progression of frontline service requests through the online
portal. - All offices, agencies, and instrumentalities shall make
accessible through the portal the progress of all frontline service
requests in real time.

Adoption of working schedules to serve clients through the online portal.
— Heads of offices and agencies which render frontline services shall
adopt appropriate working schedules to ensure that all clients have
requested for public services through the portal are attended to and
served even during lunch break and after regular working hours, in
accordance with pertinent civil service rules.

Identification of public employees. ~ All employees transacting with the
public shall be with an official identification card which should be
publicly accessible through the online portal.

Government agencies, offices, and instrumentalities mandated under this Act

to provide and deliver public services through the portal shall not in any way require
the person requesting for such public service to physically go and report to the
physical office of such agency, office, or instrumentality where the purpose of such
physical presence may be reasonably accomplished through the online portal.

SEC. 29. The Government Online Payment System. ~ In conjunction with the

online portals for the delivery of public services, the government shall establish an
internet-based electronic payment system and facility to enable citizens and
businesses to remit payments through digital platforms to the government agencies
to which such payments are due. For this purpose, the government, in accordance

15


woven wn

BRRENRBRYERNSRSBSESRREBHRES

with applicable laws and rules, may engage the services of and interconnect with
public and private payment systems and facilities, including the National Retail
Payment System of the Bangko Sentral ng Pilipinas, among others.

SEC. 30. The Citizens’ Concerns Center. - There is hereby established a
Citizens’ Concerns Center, which shall serve as a mechanism where citizens may
report their complaints, grievances, and concerns on acts of red tape, as defined
under Republic Act No. 9485 and other relevant laws, and corruption or misconduct
on the part of any government agency, government-owned or controlled corporation,
government financial institution, and other instrumentalities of the government or
any of its officers, officials, or employees.

‘The Center shall be under the direction and supervision of the Office of the
Cabinet Secretary, in coordination with the DILG and representatives from the local
government units.

SEC. 31. Integration with Existing Public Feedback Mechanisms. ~ All existing
public feedback mechanisms for similar purposes established and /or maintained by
agencies, offices, and instrumentalities, and local government units, shall be fully
integrated with the Center. For this purpose and in accordance with the objectives
of this Act, the Center may enter into such arrangements as are necessary for the
interconnection, interoperability, and integration of the public feedback
mechanisms.

SEC. 32. Integration with the Internal Government Network and Database. ~
‘The Center, including its sub-operations units, and its operations shall be fully
integrated with the internal government network and database for real time updating
of data and information.

SEC. 33. Minimum Operating Standards, - The Center, including its sub-
operational units, shall have the following minimum operating standards:

(A) Communications channels. - The Center shall provide communications
channels which include but are not limited to the following:

i) Telephone;


Boovwnn awn

888

31
32
33

35

(i) Short message service (SMS) or text message service;

(i) Electronic mail (email);

a) ‘Social media; or

(v) Other emerging communications media which can reasonably be
used to fulfill the purposes of the Center.

(B) Operating hours. - The Center shall operate, through any of its
communications channels, twenty-four (24) hours a day, seven (7) days
‘a week, including national holidays and days in which work is
suspended for whatever reason, for which purpose the Center may
establish effective measures and hire the necessary personnel;

(C) Process flow. - A citizen’s concern received through any of the
communications channels shall immediately be encoded onto the
Philippine Information Database and referred, directly or indirectly, in
real time, to the concerned agency, office, or instrumentality for
appropriate action through the internal government network. The
complainant shall be given advice or feedback on the status of the
concern until its resolution;

(D) Period to take action, ~ A citizen's concern lodged and received through
any of the communication channels shall have a concrete and specific
action within seventy-two (72) hours from receipt by the proper
government agency or instrumentality. For purposes of this provision,
the period provided shall exclude such time outside the normal office
hours of the agency or office concerned,

SEC. 34. Cooperation of Government Agencies and Local Government Units, -
To ensure that the public is served efficiently and expeditiously in accordance with
the objectives of this Act, all national government agencies, offices, and
instrumentalities, government-owned and controlled corporations (GOCCs},
government financial institutions, as well as the local government units, are enjoined
to cooperate and coordinate with the Office of the Cabinet Secretary and each other
to ensure prompt action on the concerns received through the communications
channels of the Center.


eoeawanewne

n
2

14
15
16
7

19

2

24
25
26
27
28
29
30
31
32
33

35
36

(CHAPTER 6
THE PHILIPPINE CITIZEN CONNECT PROGRAM

SEC. 35. The Philippine Citizen Connect Program. — The government shall
establish a program, to be known as the “Philippine Citizen Connect,” to assist and
help the public to who does not have access to, or need help with using computers,
the internet, and other analogous means to transact with and request the delivery of
public services from the government in their localities.

SEC. 36. Free Access to the Internet for the Public. - Pursuant to Republic Act
No, 10929 or the “Free Internet Access in Public Places Act,” the government, through
the DICT, shall establish a program that will provide free access to internet service
in public places, with particular focus on unserved or underserved areas, throughout
the country, to enable access to the online portals, promote knowledge-building
among citizens, and enable them to participate and compete in the evolving
information and communication age.

SEC. 37. Provision and Maintenance of Intemet-Capable Devices in All
Barangay Centers. - All barangay centers in the country shall provide and maintain
internet-capable devices such as but not limited to computers and tablets for the
purpose of enabling efficient and timely access to government services.

SEC. 38. Staffing Requirement for internet Access. ~ All barangay centers shall
ensure that there will be government staff present to help the public access the
government portal and perform online transactions with government agencies,
offices, and instrumentalities.

CHAPTER 7
‘THE GOVERNMENT WEBSITES AND E-BULLETIN BOARDS

SEC. 39. The Government E-Bulletin Board. - The government and all its
agencies, offices, and instrumentelities, including local governments, shall cach
establish and maintain a website and an e-bulletin board for the purposes of
information sharing and dissemination, which shall be structured and maintained
to ensure accessibility and security.


SEC. 40. Information Dissemination Through the Website and Board. — All
government offices, agencies, and instrumentalities which are mandated by the laws
or rules to publish or otherwise disseminate notices, documents, or other
information intended for public consumption and information shall, in addition to
the traditional modes therefor, publish such notices, documents, or other
information on the website and e-bulletin board.

Notwithstanding the provisions of this Act and other relevant laws, publication
of notices, documents, or any other information on the website and e-bulletin board
shall be construed as sufficient notice to the public for purposes of compliance with
laws and rules requiring publication; provided, that such website or e-bulletin board
is accessible at such point in time where accessibility is claimed, For purposes of
this provision, the start of publication shall be the date on which the notice,
document, or information was first uploaded and made accessible to the public.

SEC. 41. Minimum Standards for Government Websites and Information
Portals. - The following shall be the minimum standards for government websites
and information portals:

(A) It shall include direct and easily identifiable links to (i) description of
the mission, statutory authority, and the organizational structure of
the agency; and (ii) commonly asked questions and the corresponding
answers, and other common matters of public concern;

(B) _ It shall include direct and easily identifiable links to the relevant and
applicable portals for the delivery of public services; and

(C} It shall include the ability to provide public access to this information
via an API,

‘CHAPTER 8
SECURITY AND PRIVACY

SEC. 42. Data and Information Security. — All resources, information, or data

stored on or transmitted through the government information systems and all
networks interconnected to and interoperable with it, the Philippine Information

19


Beavaneune

RE

Ro

15
16
ord
18
19
20
2
2
23
24
2s
26
27

8

Ete
32
33

35
36

Database, the Public Service Directory, the portals, and websites shall be kept secure
and free from interference or unauthorized access that can hamper or otherwise
compromise the integrity and availability of the information and communication
technology assets.

Access to and use of the resources, information, and data on the government
information systems shall be limited to the government and its duly authorized
officers and agents, in accordance with all relevant laws, rules, and regulations on
data and information privacy and the pertinent rules on confidentiality of government
information.

Any person who shall knowingly commit an act which results to the
compromise of the security and integrity of the government information systems and
all networks interconnected to and interoperable with it to the detriment of the
government and the public shall incur criminal liability in accordance with the
provisions of applicable and/or relevant penal laws.

SEC. 43. Responsibility of the National and Local Government. - All agencies,
offices, and instrumentalities of the national and local government under this Act
shall be responsible for:

(A) Providing information security protections commensurate with the risk
and magnitude of the harm resulting from unauthorized access, use,
disclosure, disruption, modification, or destruction of information
collected or maintained by or on behalf of the agency; and information
systems used or operated by an agency or by a contractor of an agency
or other organization on behalf of an agency;

(B) Determining the levels of information security appropriate to protect
such information and information systems and implementing the same;

(C) Periodically testing and evaluating information security controls and
techniques to ensure that they are effectively implemented;

(D) Complying with the requirements of pertinent laws on information
security and privacy, related policies, procedures, standards, and


wor anne wn

n
2
123
14
15
16
nv
18
19
20
2
2
23
24
25
26
27

8

31
32
33
34
as

guidelines, including information security standards promulgated by
the DICT; and information security standards and guidelines for
national security systems issued in accordance with law and as
directed by the President; and

(©) Ensuring that information security management processes are
integrated with agency strategic and operational planning processes.

CHAPTER 9
PARTICIPATION OF THE PRIVATE SECTOR

SEC. 44. Government Cooperation with the Private Sector. ~ Nothing in this
Act shall prevent the government, both national and local, from entering into
contracts, agreements, or partnerships with the private sector to provide various
resources, assets, and services in order to comply or enhance compliance with the
provisions of this Act.

Any and all contracts or agreements with the private sector in the context of
this Act shall be subject to the laws and rules on public accountability and
transparency and good governance.

CHAPTER 10
THE PHILIPPINE INFOSTRUCTURE MANAGEMENT CORPORATION

SEC. 45. The Philippine Infostructure Management Corporation. - For the
purpose of ensuring proper and efficient operations and management of the ICT
assets of the DICT, and a faster implementation of infrastructure programs related
to connectivity, data center and cloud infrastructure, there is hereby established a
body corporate to be known as Philippine Infostructure Management Corporation
(PIMC), which shall be an attached agency to the DICT. The legal existence of the
PIMC shall be for a period of 50 years from the date of the approval of this Act. The

PIMC shall be subject to the rules and regulations as the DICT may impose from time
to time.

SEC. 46. Powers and Functions. - To carry out its main purpose and in
accordance with applicable laws and rules and in addition to the powers granted to

21


1
2
3
4
5
6
7
8
9

10
tt
2
2B
“
15
16
W7
18
19
20
a
2
23
24
3
26
27
28
29
30
ety
32
33
34
35
36

a corporation under the general corporation code, the PIMC shall have the following
functions and powers:

(a)

{(c)

(D)

{E)

F)

()

(H)

Plan and implement infrastructure programs such as but not limited
to the National Broadband Plan, Free WiFi for All, and expansion of the
National Government Data Centers and Government Cloud;

Manage ICT assets of the DICT;
Prescribe, repeal, and alter its own by-laws;

Determine its operating policies, and to issue such rules and
regulations as may be necessary to achieve its main purpose;

Adopt, alter and use a corporate seal;

Acquire and own real and personal property, and to sell, mortgage or
otherwise dispose of the same;

Sue and be sued, enter into contracts, and borrow money from both
local and foreign sources; provided, that such loans shall be incurred
only upon favorable recommendation of the DICT and approval by the
President of the Philippines;

Hold, own, purchase, acquire, sell or otherwise invest, or reinvest in
stocks, bonds or other securities capable of giving the PIMC a
reasonably assured income sufficient to support its activities; and

Provide ICT counseling and technical services to government and
private entities; provided, that for this purpose, the PIMC may contract
the services of private consultants.

SEC. 47. Board of Trustees. — The corporate powers and functions of the
PIMC shall be vested in and exercised by a Board of Trustees that shall be composed
of the following:

22


(A) The Secretary of the DICT, as Ex-Officio Chairperson and Chief
Executive Officer;

{B) The Secretary of the Department of Budget and Management, or his
duly designated as Ex-Officio Executive Vice Chairperson; and

(C) As Ex-Officio Members:

fi) The Commissioner of the National Telecommunications
Commission, or a duly designated Deputy Commissioner;

(i) ‘The Commissioner of the National Privacy Commission or a duly
designated Deputy Privacy Commissioner;

(iii) One (1) representative from the information technology and
business process outsourcing industry;

(iv) One (1) representative from the telecommunications industry;
and

w One (1) representative from the local government units.

The representatives from the private sector and the local government units
shall be appointed by the President. The representatives from the private sector shall
be appointed only upon a favorable recommendation from the DICT and the
Government Commission on GOCCs. The representatives from the private sector
shall be persons of accepted integrity, probity, and intellect, at least thirty-five (35)
years of age, possessed of demonstrated administrative skills and ability in the field
of ICT, and with a minimum of ten (10) years of professional experience in the field
of ICT. The representative from the local government units shall be appointed only
upon a favorable recommendation from the DICT, and the DILG.

‘The Chief Executive Officer of the Corporation shall execute and administer
the policies and resolutions approved by the Board of Trustees, prepare its agenda,
and direct and supervise the operations and management of the Corporation. He
shall have direct control and supervision of the business of the PIMC in all matters
which are not by this Act or by the by-laws specifically reserved to be done by the

23


Board of Trustees. He shall, subject to the approval of the Board in case of approval
of appointments to managerial positions and above, and the confirmation of the
Board in appointments to below that of manager level, appoint the personnel of the
Corporation, remove, suspend or otherwise discipline them for cause, and prescribe
their dutics and qualifications, in accordance with existing civil service laws, rules
and regulations, to the end that only competent and qualified personnel may be
employed.

All members of the Board shalll serve for a term of seven years.

‘The Chairperson and the members of the Board shall act as the heads of such
operating departments as may be set up by the Board. The Chairperson shall have
authority, exercisable at his discretion, to determine from time to time the
organizational divisions to be headed by each member serving full time and to make
the corresponding shifts in designations pursuant thereto. The compensation of the
Chairperson and the members of the Board of Trustees shall be in accordance with
applicable laws and rules on compensation in the civil service.

The Chairperson of the Board shall be assisted by an Executive Vice-
Chairperson and one or more Vice-Chairperson who shall be chosen and may be
removed by the Board of Trustees. The salaries of the Vice-Chaipersons shalll be fixed
by the Board of Trustees with the approval of the President of the Philippines.

SEC. 48. Authorized Capital Stock. - The PIMC shall have an authorized
capital stock of Five billion Philippine pesos (PHP 5,000,000,000,00), divided into five
million (5,000,000) shares of common stock with a par value of One thousand
Philippine pesos (PHP 1,000.00) per share, which shall be fully subscribed by the
government.

Of the total capital subscribed by the government, One billion Philippine pesos
(PHP 1,000,000,000.00) shall be paid by the Government within one year from the
effectivity of this Act, and One Billion Philippine pesos (PHP 1,000,000,000.00) every
year thereafter for four (4) years for which purpose the amount of One Billion
Philippine pesos (PHP 1,000,000,000.00) is hereby appropriated upon the effectivity
of this Act, and One Billion Philippine Pesos (PHP 1,000,000,000.00) every year for

24


omranwewone

1
2

4
1s
16
7
18
19

2
22
23
24
25
26
27
28
29

31
32
33

35

the next four (4) years thereafter, out of the funds in the National Treasury not
otherwise appropriated for the purpose.

SEC. 49. Personnel; Cost of Administration. — The Board of Trustees shall
provide for an organization and staff of officers and employees necessary to carry out
the functions of the PIMC, fix their compensation, and appoint and remove such
officers and employees for cause. The PIMC officers and employees shall be subject
to the rules and regulations issued by the Civil Service Commission (CSC) but shall
not fall under the Salary Standardization Law. The Board of Trustees shall
recommend to the CSC rules and regulations for the recruitment, appointment,
compensation, administration, conduct, promotion and removal of all PIMC officers
and employees under a strict merit system and prepare and conduct examinations
under the supervision of said Commission.

The administrative expenses of the PIMC during any single fiscal year shall
not in any case exceed five percent (5%) of its total assets.

SEC. 50. Legal Counsel. — The Secretary of Justice shall be ex-officio legal
adviser of the PIMC. Any provision of law to the contrary notwithstanding, the PIMC
shall have its own Legal Department, the chief and members of which shall be
appointed by the Board of Trustees. The composition, budget and operating expenses
of the Office of the Legal Counsel and the salaries and traveling expenses of its
officers and employees shail be fixed by the Board of Trustees and paid by the PIMC.

SEC. 51. Removal of Members. — The President of the Philippines may, at any
time, remove the Chairperson or any member of the Board appointed by him for, in
addition to any and all recognized causes for termination under applicable civil
service laws and rules, any of the following causes:

(A) Mismanagement, grave abuse of discretion, infidelity in the conduct of
fiduciary relations, or gross neglect in the performance of duties;

{B) Dishonesty, corruption, or any act involving moral turpitude;

(C) Any act or performance tending to prejudice or impair the substantial
rights of the government and the corporation's stockholders.

25


weranewene

»
8

SURESH YERRBBERRRRBRREBEESSEREGKE

‘The Chairperson or member may, in any of the above cases, be civilly liable
for any damage that may have been suffered by the corporation.

SEC. 52. Timeline of Organization of the PIMC. — The PIMC shall be instituted
and organized within one (1) year from effectivity of this Act.

CHAPTER 11
‘THE ICT ACADEMY

SEC. 53. Establishment of the ICT Academy and its Purposes. ~The DICT shall
establish and develop rules and policies for the operations of an ICT Academy, herein
after referred to as the Academy, that shall have the following purposes:

(A) To foster and support the strategic goals of the national ICT
development agenda through data collection and globally competitive
ICT skills development programs and for other purposes;

(B) To promote the education and training of citizens in ICT skills, for
purposes of enhancing the nation’s labor capacity in relation to the
most relevant and updated data on local and international skills supply
and demand;

(C) To promote the development of globally competitive skills and drive an
inclusive economic growth;

(D) To promote, foster, and nurture the right of all citizens to quality
education in ICT;

(E) To lead the country in setting standards in the development of ICT
curriculum and training;

(F) Create and foster partnerships with different persons, entities, and
institutions for purposes of developing and updating the Academy's
resources, its ICT curriculum, modules, pedagogical approaches; and


weearvranewne

n
2
3
4
15
16
7
18
19
20
2
2
23
24
2s
26
27
28

31
32
33

35

(G) To regularly assess the state of the country in terms of comparative ICT
skills and performance, and suggest responsive policies to address
concerns.

SEC, 54. Satellite Units. -The Academy shall have satellite units in particular
regions, provinces or municipalities in the country if, upon determination of the
DICT, in coordination with the Commission on Higher Education and the Technical
Education and Skills Development Authority, it is found to be necessary to ensure
broader access to quality ICT trainings and skills development, and to further
enhance the Academy's capability to attain its purposes.

SEC. 55. Access and Admission. -- The Academy shall be accessible to all
citizens regardless of skill, age, gender, religious belief, economic status, ethnicity,
physical disability, political opinion or affiliation.

‘The DICT shall institute an admissions process to ensure that citizens shall
have equal access to ICT education and that the broadest base of the citizenry shall
have ICT education.

SEC. 56. Finances, -The Academy's operations shall be financially supported
by a budget from the DICT, reasonable fees and dues collected, as well as through
donations, in accordance with applicable laws and rules.

All income collected by the Academy shall be retained and disbursed for the
for the benefit of the students, faculty, trainers, and advisers, to serve the
acquisition, construction, and maintenance needs of the Academy, as well as the
proper administration of its programs and, gencrally, the attainment of the purposes
of the Academy; provided, that such retention and disbursement shall be subjected
to applicable laws and rules on government audit and accountability.

Donations and fees collected shall be held in a fund, to be administered in
trust by a Committee created by the DICT for such purpose. The fund shall in no

case be impaired. Donations received shall be used only for the purposes for which
they were donated.

27


waraneune

BRERYESRBRBNVRREBNSSSSSEYSRESEERES

SEC. 57. Partnerships. - The Academy may form partnerships with different
educational institutions and private entities for purposes of achieving the goals of
the Academy. Partnerships may be in the form of resource sharing, module and
training development, faculty exchange, standards development, trainings
collaboration, and other similar forms. All partnerships to be entered into by the
Academy shalll be in accordance with the law, approved by the DICT Secretary, and
shall not require the disbursement of any funds by the Academy or the government.

‘CHAPTER 12
MISCELLANEOUS PROVISIONS

SEC. 58. Transitory Provisions. - In accordance with the objectives of this Act,
the DICT, in coordination with relevant government agencies and instrumentalities,
as well as private stakeholders and civic organizations, shall study, formulate, and
implement a master plan for the transition of the government and its provision of
services in the digital age.

For purposes of this Act, until such time that the government shall have
completed the transition in accordance with the objectives of this Act, all government
activities covered under this Act shall be conducted in the manner provided for under
existing laws and rules,

‘The government shall complete the transition in a maximum of five (5) years
from effectivity of this Act.

SEC. 59. Regular Status Reports, - All agencies, offices, and instrumentalities
of the national and local governments covered under this Act shall submit to the
Congress, the President, and to the DICT, an annual report on the status of
implementation of this Act. These reports shall likewise be made publicly available
on and through the e-portals.

SEC. 60. Appropriations and Funding. - The amount necessary to cover the
initial implementation of this Act in the national government level shall be charged
against the current year’s appropriation of the national government agency, office,
or instrumentality concerned. Thereafter, such sums as may be needed for its

28


worvane wn

n
2
3
at
15
16
7
18
19
20
a
2
23
24

continued implementation shall be included in the annual General Appropriations
Act.

‘The amount necessary to implement this Act in the local government level
shall be charged against the funds of the local government unit concerned.

SEC. 61. Implementing Rules and Regulations, — Within ninety (90) days from
the effectivity of this Act, the DICT, in coordination with relevant offices, agencies,
and instrumentalities of the national and local government, shall promulgate the
necessary rules and regulations to properly and efficiently implement the provisions
of this Act.

SEC. 62. Separability Clause. ~ If any part or provision of this Act shall be
declared invalid or unconstitutional, such declaration shall not affect the validity of
the remaining provisions of this Act.

SEC. 63. Repealing Clause. - All laws, presidential decrees, letters of
instruction and other presidential issuances which are incompatible or inconsistent

with the provisions of this Act are hereby amended or repealed accordingly.

SEC. 64. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,