Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Nineteenth Congress
First Regular Session

House Bill No. 2902 _

Introduced by Representative JOEY SARTE SALCEDA

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

EXPLANATORY NOTE

The digitalization of government transactions and processes was an essential adaptation
measure during the COVID-19 pandemic. For tax transactions alone, the Bureau of Internal
Revenue reports that from the 1.9 million electronic payment transactions made with the
Bureau in 2015, this number rose to 4.0 million in 2020, representing an increase of 110
percent, Electronic payment transactions in the first ten months of 2021 even grew to 4.6
million, More than 99.5% of tax returns were also filed online during the pandemic.

These trends have been developing at an even more accelerated rate in the private sector
and the general public, even prior to the pandemic. As much as 75% of Filipinos now have
smartphones, which indicates that smartphone-capable services could be highly efficient and
inclusive ways of taking government services closer to the people.

In recognition of our more increasingly digital public reality, this bill mandates the
government to establish an integrated, interconnected, and interoperable Information and
resource sharing and 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 also promotes the digitization of paper-
based and other traditional modes of workflows for a more efficient and transparent public
service.

This bill also encourages government cooperation with the private sector in providing
resources, assets, and services. This measure creates a body corporate to be known as
Philippine Infrastructure Management Corporation charged with ensuring the proper and
efficient operations and management of the country's ICT assets, as well as a training institution
in recognition of the critical role of educating both the public and the government in ICT.

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The bill hopes to accelerate the government's adaptation to the demands of the
globalized, digitalized world and to optimize the efficiencies. particularly in personne] and
transport costs, that digitalized government services could create for the public sector.

In view of the foregoing. the passage of this bill is eamestly sought.

‘SALCEDA

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Nineteenth Congress
First Regular Session

2902

House Bill No.

Introduced by Representative JOEY SARTE SALCEDA

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 of 2022”.

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 hamessing 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 in accordance with its mandate;

(b) Promote use of the internet, intranet, and other information and communications
technologies to provide increased opportunities for citizen participation in government;

(c) 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;

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(e) Promote the use of the internet, intranet, and emerging technologies within and
across government agencies to provide citizen-centric government information and serv

(£) Reduce costs and burdens for businesses and other government entities:

(g) Promote better informed and data-driven decision making by policy makers. taking
into consideration data analyties results:

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

(i) Make the national and local governments more transparent and accountable:

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

(k) Provide enhanced access to government information and services in a manner
consistent with laws regarding protection of personal 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.

SEC. 4. Definition of terms. ~ As used in this Act, the following terms are defined as
follows:

(a) “E-Governance” 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:

(b) “Workflow” refers to the sequence of industrial. administrative, or other processes
through which a piece of work passes from initiation to completion;

(c) “Intranet” refers to a secure and private enterprise network that shares data or
application resources via Internet Protocol; and

(d) “Imemet” refers to a secure and public enterprise network that shares data or
application resources via Internet Protocol.

(©) “ICT assets” refers 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 IT-related programs and delivery of ICT services.

(0 “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.

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Chapter 1
ROLE OF THE GOVERNMENT

SEC. 5. Responsibilities of the heads of governmem agencies. ~ The head of each
agency, office, and Instrumentality of the national and local government shall be responsible
for:

(a) 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 Department of Information and Communications Technology:

(b) Complying with the standards and protocols for cybersecurity, resiliency. privacy.
and confidentiality, which shall also be promulgated by the Department of Information and
Communications Technology:

(c) Ensuring that the information technology standards promulgated by the Department
of Information and Communications Technology are communicated promptly and effectively
to all relevant officials within their agency; and

(d) Supporting the efforts of the national and local government to develop, maintain,
and promote an integrated Internet-based system of delivering Federal Government
information and services to the public.

To these ends:

(a) Agencies shall develop performance measures that demonstrate how electronic
government enables progress toward agency objectives. strategic goals, and statutory
mandates:

(b) In measuring performance. agencies shall 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:

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

(d) As appropriate, agencies shall work collectively in linking their performance goals
to key groups and shall use information technology in delivering government information and
services to those groups.

SEC. 6. Role of the Department of Information and Communications Technology
(DICT), ~ The Department of Information and Communications Technology (DICT) shall. in
addition to its mandates and functions under Republic Act No. 10844:

(a) 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;

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(b) 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:

(c) 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:

(@) Assess, initiate, review and support ICT research and development programs of the
government; and

(e) Prescribe, in accordance with applicable civil service laws and rules. the creation of
ICT-related government positions and corresponding compensation rates aligned with the
personnel needs of a digitized 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 to act 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 IT 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 be
responsible for the following:

(a) Adopting a national policy and process that would facilitate the entry and adoption
of technologies consistent with the goals of this Act:

(b) Ensuring the quality, security. reliability. and interoperability of all ICT
infrastructure and services in accordance with international or industrial standards,
specifications, and best practices:

(c) Tapping into the private sector and entering 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:

(c) 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, 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

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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
shall ensure that courses, multimodal training. and certifications to develop this human
resource are regularly offered,

SEC. 9. Inclusivity. — In accordance with the provisions of this Act on the Philippine
CitizenConnect Program, when promulgating policies and implementing programs regarding
the provision of government information and services over the intemet 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

Internal Government Network

SEC. 10. 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 IGN shall also act as the
government's primary and focal information management too! and communications network.

SEC. 11. 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. 12. 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.

Internal Records Management Information System
SEC. 13. 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.

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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.

Internal Email and Communications Nerwork

SEC. 14. 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
use and operation of such email networks shall be accessible, safe, interactive, interconnected,
and interoperable.

Migration, digitization, and automation of paper-based workflows

SEC. 15. Migration, digitization, and automation of paper-based workflows, — All
paper-based government and bureaucratic workflows involving intemal 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.

Chapter 3
THE PHILIPPINE INFORMATION DATABASE

SEC. 16. The Philippine Individual Information Database and Civil Registration
‘System. — The government 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 the database shall include 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:
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. 17. Access to and use of the database. ~ The database shall be accessible, through
digital platforms such as intranet and internet, to all agencies, offices, and instrumentalities of
the government for purposes consistent with legitimate and valid public purposes, subject to
the Data Privacy Act (Republic Act 10173).

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

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

SEC. 18, Integration with the Philippine Identification System. ~ The current Philippine
Identification System, including its existing and planned mechanisms for collecting. storing.
and accessing data and information, shall be fully integrated with the database, in accordance
with existing laws, rules, and regulations.

SEC. 19. 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.

SEC. 20. Creation of data exchange protocols, ~ The DICT shall establish a data
exchange protocol between and among agencies and the private sector which shal] ensure
legitimacy of access to data, security of information, and compliance with applicable domestic
and international laws on data privacy

Chapter 4
THE PUBLIC SERVICE DIRECTORY

SEC. 21. 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.

SEC. 22. Access 10 and use of the directory. ~ The directory shall be 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.

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Chapter 5
THE GOVERNMENT E-PORTALS.

The Online Public Service Portals

SEC. 23. Establishment of an online public service portal for individuals and
businesses. — In accordance with the policy of the government to maintain and promote an
integrated intemet-based system of providing the public with access to government information
and services, the government. through the DICT, shall establish. maintain, and continuously
update a portal which shall serve as a 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 a 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. 24, Access 10 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. 25. Government frontline services through the portal. ~ All government agencies.
offices. and instrumentalities which provide frontline services. as defined under Republic Act
No. 9485, as amended. shall establish and maintain measures to ensure that such services are
accessible and capable of delivery to the public 22 through the portal.

Alll 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. 26. Access to frontline services. ~ The following shall be adopted by all
government offices and agencies covered in the immediately preceding paragraph:

(a) 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.

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The receiving officer or employee shall perform a preliminary assessment of the request
s0 as to promote a more expeditious action on requests.

(b) 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 the 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,

(c) 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.

(d) 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.

(e) 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 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.

(1) Identification of public employees. ~ All employees transacting with the public shall
be provided 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.

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The Government Online Payment System

SEC. 27. 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 may engage the services of and Interconnect with public and private
payment systems and facilities. in accordance with applicable laws and rules.

The Citizens’ Concerns Portal

SEC. 28. 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/or 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. 29. 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. 30. 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. 31. 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:

(1) Telephone;

(2) Short Message Service(SMS)or text message service;
(3) Electronic mail (email):

(4) Social media: or

(5) 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

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days In which work is suspended for whatever reason, for which purpose the Center may
establish effective measures and hire the necessary personnel.

(©) Process flow. ~ A citizen's concer 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 shal] 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 goverment 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. 32. 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. 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 concems received through the communications
channels of the Center.

Chapter 6
THE PHILIPPINE CITIZENCONNECT PROGRAM

SEC. 33. The Philippine CitizenConnect Program. ~ The government shall establish
program. to be known as the “Philippine CitizenConnect.” 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. 34. 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. 35. Provision and maintenance of internet-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. 36. Staffing requiremem 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,

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Chapter 7
THE GOVERNMENT WEBSITES AND E-BULLETIN BOARDS

SEC. 37. The Government E-Bulletin Board. - The government and all its agencies,
offices, and instrumentalities, including local governments. shail each 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. 38. 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 therefore, 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. 39. 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; and

(b) It shall Include direct and easily identifiable links to the relevant and applicable
portals for the delivery of public services

Chapter 8
SECURITY AND PRIVACY

SEC. 40, Data and information security. ~ All resources. information, or data stored on
or transmitted through the IGN and all networks Interconnected to and Interoperable with it,
the Philippine Information 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 of the information and communication technology assets.

Access to and use of the resources. information, and data on the IGN shall be limited
to the government and its duly authorized officers and agents. in accordance with all relevant
Jaws, 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 IGN and all networks interconnected to and interoperable with

Page (12


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. 41. Responsibility of the national and local government. — All agencies, by or on
behalf of the agency: and information systems used or operated by Information and
Communications Technology: 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.

(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 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:

(a) Complying with the requirements of pertinent laws on information security and
privacy, related policies, procedures, standards, and guidelines. Including information security
standards promulgated by the Department of Information and Communications Technology:
and information security standards and guidelines for national security systems issued in
accordance with law and as directed by the President; and

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

Chapter 9
PARTICIPATION OF THE PRIVATE SECTOR

C. 42. 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. 43. 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

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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 Die shall be for a period of $0 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. 44. Powers and functions. ~ To carry out its main purpose and in accordance with
applicable laws and rules, the PIMC shall have. in addition to any and all powers granted to a
corporation under the general corporation code. the following functions and powers:

(a) 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:

(b) Manage ICT assets of the DICT:

(c) Prescribe, repeal, and alter its own by-laws:

(d) Determine its operating policies, and to issue such rules and regulations as may be
necessary to achieve its main purpose:

(c) Adopt, alter and use a corporate seal:

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

(g) Sue and be sued, enter into contracts. and borrow money from both local and foreign
sources: provided. that such Joans shall be incurred only upon favorable recommendation of
the DICT and approval by the President of the Philippines:

(h) 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

(i) 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. 45. 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:

(a) The Secretary of the Department of Information and Communications Technology.
as the ex officio Chairman and Chief Executive Officer:

(b) The Undersecretary of the Department of Information and Communications
‘Technology. as the ex officio Executive Vice Chairman:

(c) The Commissioner of the National Telecommunications Commission, or his/her
duly designated undersecretary, as ex officio member:

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(d) The Undersecretary of the Department of Budget and Management. or his/her duly
designated undersecretary. as ex officio member;

(e) One (1) representative from the private sector from the Information Technology and
Business Process Outsourcing Industry:

(f) One (1) representative from the private sector from the Telecommunications
Industry: and

(g) 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 years of age, possessed of demonstrated administrative
skill 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, the GCG, and the
Department of Interior and Local Government.

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 of the Bank specifically reserved to be done by the 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 below that of manager level. appoint
the personnel of the Corporation, remove. suspend or otherwise discipline them for cause. and
prescribe their duties 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 shall serve for a term of seven years.

‘The Chairman and the members of the Board shall act as the heads of such operating
departments as may be set up by the Board. The Chairman 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 shifis in designations pursuant thereto.
The compensation of the Chairman and the members of the Board of Trustees shall be in
accordance with applicable laws and rules on compensation in the civil service.

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

SEC. 46, Authorized capital stock. ~ The PIMC shail have an authorized capital stock
of Five Billion 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.

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

SEC. 47. Personnel and 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 but shall not fall under the Salary Standardization Law. The
Board of Trustees shall recommend to the Civil Service Commission 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. 48. Legal Counsel. - The Secretary of Justice shall be the 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 shall be fixed by the Board
of Trustees and paid by the PIMC.

SEC. 49, Removal of members. ~ The President of the Philippines may, at any time.
remove the Chairman or any member of the Board appointed by him for. in addition to any and
all recognized causes for termination under applicable civil service Jaws 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.

The Chairman or member may. In any of the above cases. be civilly liable for any
damage that may have been suffered by the corporation.

SEC. 50. Timeline of organization of the PIMC. ~ The PIMC shall be instituted and
organized within one (1) year from effectivity of this Act.

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Chapter 11
THE ICT ACADEMY

SEC. 51. Establishmem of the ICT Academy and its purposes. ~ The DICT shall
establish and develop rules and policies for the operations of an ICT 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 skilis 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;

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

() 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

(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. 52. Satellite units. ~ The ICT 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. 53. 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. 54. 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,

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and maintenance needs of the Academy, as well as the proper administration of its programs
and. generally, 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 impaire:
Donations received shall be used only for the purposes for which they were donated.

SEC. 55. Partnerships. ~ The Academy may form partnerships with different
educational institutions and private entities for purposes of achieving the goals ofthe Academy
Partnerships may be in the form of resource sharing, module and training development. faculty
exchange, standards development, training collaboration, and other similar forms. All
partnerships to be entered into by the Academy shall 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. 56. 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 the purpose 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 ina maximum of five (5) years
from effectivity of this Act.

SEC. 57. 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. 58. Appropriations and funding. ~ The amount necessary to cover the initial
implementation of this Act at 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 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 concemed.

SEC. 59, Jmplementing rules and regulations, — The Department of Information and

Communications Technology. in coordination with relevant offices. agencies. and
instrumentalities of the national and local government, shall promulgate the necessary rules

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and regulations to properly and efficiently implement this Act within ninety (90) days from the
effectivity of this Act.

SEC. 60. Separability clause. ~ If any 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. 61. Repealing clause. — All provisions of laws, presidential decrees, letters of
instruction and other presidential issuances which are incompatible or inconsistent with the
provisions of this Act are hereby deemed repealed, amended or modified accordingly.

SEC. 62. Effectivity. — This Act shall take effect fifteen days (15) after its publication
in two (2) newspapers of general circulation.

Approved,

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