SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S. N o. ----"8'"'-*~ JUl&_ 
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Introduced by Senator Antonio "SONNY" F. Trillanes IV 
Explanatory Note 
The Philippines has a significant advantage among other Asian countries in lCT - an English 
speaking, highly educated, easily trainable, and skilled workforce with a growing track record of 
successful lCT work; a basic policy environment that is right for business; government 
commitment at the highest levels, with strong private sector support in thc pursuit of a common 
lCT agenda; and rising entrepreneurial abilities suitable for a globalizing economy. With its rich 
human resources and strategic location in Asia and the Pacific, the Philippines has the potential 
to fully benefit from an ICT-driven development strategy. 
It is therefore necessary for the government to build the country's lCT infrastructure, the so 
called national information superhighway, to help facilitate the storage of massive amounts of 
data and to provide a faster and free flow of infonnation within the Philippines and the rest of the 
world. 
Section 24, Article II of the 1987 Philippine Constitution declares that the State recognizes the 
vital role of communications and information in nation-building. To implement this State policy, 
a Department of Transportation and Communications was created under the Administrative Code 
of 1987 to maintain and expand a viable, efficient, safe and dependable transportation and 
communications systems as effective instruments for national recovery and economic progress. 
However, due to the divergent issues on transportation and communications, a single department 
should focus on each one to intensify government initiatives and cope up with the demands of 
globalization. 
This bill therefore seeks to create the Department of Infonnatiol1 and Communications 
Technology as the primary policy, planning, coordinating, implementing, regulating and 
administrative entity of the executive branch of the Government that will promote, develop, and 
regulate integrated and strategic lnfonnation and Communication Technology systems and 
reliable and cost-efficient communication facilities and service. 
The measure hopes to ensure that the communications and technology sector shall be given 
priori ty in the government. It also hopes to provide the proper environment needed in order to 
strengthen this sector and propel the country's edge in ICT. 
,In view of the foregoing, immediate passage of this bill is ea estly soug t. 
Senator 
1 


SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
) 
SENATE 
Introduced by Senator Antonio "SONNY" F. Trillanes IV 
AN ACT 
CREATING THE DEPARTMENT OF INFORMATION AND COMMUNICATIONS 
TECHNOLOGY, DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING 
FUNDS THEREFORE, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
1 
SECTION 1. Short Title. - This Act shall be known as "Department of Information and 
2 
Communications Technology Act of 2013 ". 
3 
4 
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State: 
5 
a. To ensure the provision of a strategic, reliable, cost-efficient and citizen centric 
6 
·infonnation and communications technology (.lCT) infrastructure, systems and resources as 
7 
instruments of nation-building and global competitiveness; 
8 
b. To foster a policy environment that will promote a broader market-led development of 
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the ICT and ICT-enabled services sectors, a level playing field, partnership between the public 
10 
and private sectors, strategic alliance with foreign investors and balanced investments between 
11 
high-growth and economically-depressed areas; 
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c. To foster and accelerate the convergence ofICT facilities; 
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d. To ensure universal access and high-speed connectivity at fair and reasonable costs; 
14 
e. To ensure the availability and accessibility of information and communications 
15 
services in areas not adequately served by the private sector; 
16 
f. To promote the widespread use and development of emerging ICT; 
17 
g. To promote and assist the deVelopment oflocal ICT content, applications and services; 
18 
h. To establish a strong and effective regulatory system that will ensure consumer 
19 
protection and welfare and foster a healthy competitive environment; 
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i. To promote the development of rCT expertise in the country's human capital to enable 
2 
Filipinos to compete in a fast-evolving information and communications age; 
3 
j. To ensure the growth ofthe rCT and rCT-enabled services sectors; 
4 
k. To preserve the rights of individuals to privacy and confidentiality of their personal 
5 
information; 
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1. To encourage the use ofICT for the development and promotion of the country's arts 
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and culture, history, education, public health and safety, and otiler socio-civic purposes; 
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m. To sustain the development of the national postal system as an integral component of 
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the overall development ofICT in the country; 
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n. To ensure the security of rCT infrastructures and assets of individuals and businesses 
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stored therein; 
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o. To empower, through the use of ICT, the disadvantaged segments of the population, 
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including persons with disabilities, such as the physically, emotionally or mentally challenged, 
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and; 
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p. To assist in disaster risk reduction management thru rCT in warning people of disasters 
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thru proper dissemination of information. 
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SEC. 3. Definition of Terms. -
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19 
a) 
"Information and Communications Technology" or rCT shall mean the totality of 
20 
electronic means to collect, store, process and present information to end-users in support of their 
21 
activities and services. It consists of computer systems, office systems and consumer electronics, 
22 
as well as networked information infrastructure, the components of which include telephone, 
23 
cable, wireless and satellite systems, the Internet, fax machines and computers; 
24 
b) 
"Electronic Government" or "E-Government" shall mean the application of rCT 
25 
in government processes to bring about efficient, responsive, ethical, accountable and transparent 
26 
government service; 
27 
c) 
"ICT Sector" shall mean telecommunications operators, rCT equipment 
28 
manufacturers, content providers, ICT solution providers, rnternet service providers, rCT training 
29 
institntions, software developers and lCT-enabled service providers; 
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d) 
"ICT-Enabled Services Sector" shall mean offshoring and outsourcing service 
2 
providers, including call centers, back office processing, software development, medical or legal 
3 
transcription, animation, game development, engineering or architectural design, and other 
4 
services that require the intrinsic use of a networked information infrastlUcture and' 
, 
, 
5 
e) 
"Chief Information Officer" or "ClO" shall mean the title given to the board 
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level head of rCT in an organization responsible for the development and maintenance of the 
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organization's ICT systems and applications. 
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SEC. 4. Creation of the Department of Information and Communications Technology. 
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- There is hereby created the Department of Infonnation and Communications Technology, 
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hereinafter referred to as the Department, which shall carry out the above-declared policy and 
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assume the communications-related powers and functions of the Department of Transportation 
13 
and Communications (DOTC). 
14 
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SEC. 5. Mandate. - The Department shall be the primary policy, planning, coordinating, 
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implementing, regulating and administrative entity of the executive branch of the Government 
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that will plan, promote and help develop the country's ICT sector. 
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19 
SEC. 6. Powers and Functions. - The Department shall exercise the following powers 
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and functions: 
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a) 
Formulate, recommend and implement national policies, plans, programs and 
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guidelines for the ICT and ICT -enabled services sectors that will promote wider use and 
23 
development of ICT and provide increased and convenient access by the citizens to the same; 
24 
b) 
Initiate, harmonize and coordinate all ICT plans and initiatives of government 
25 
agencies to ensure overall consistency and harnlony with e-government objectives in particular, 
26 
and national objectives in general; 
27 
c) 
Represent and negotiate for Philippine interest on matters peltaining to ICT in 
28 
international bodies; 
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d) 
Develop and maintain national ICT development plans and establish and 
2 
administer comprehensive and integrated programs for ICT with due consideration to advances 
3 
on convergence and other emerging teclmologies; and for this purpose, may invite any agency, 
4 
corporation or organization, whether public or private, whose development programs in ICT are 
5 
an integral part thereof, to participate and assist in the preparation and implementation of sucb 
6 
programs; 
7 
e) 
Promote knowledge, information and resource sharing, database building and 
8 
agency networking linkages an10ng various government agencies; 
9 
f) 
Ensure the development and protection of an integrated government information 
10 
and conmmnications infrastructure lmd coordinate all relevant govenm1ent entities, taking into 
11 
consideration the inventory of existing manpower, plans, programs, proposals, software and 
12 
hardware, and the installed systems and programs; 
13 
g) 
Provide an integrated framework 111 order to optimize all government ICT < 
14 
resources and networks and the identification and prioritization of all e-government systems and 
15 
applications as provided for in the Govemment Information Systems Plan (GISI') and the 
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Medium Term Philippine Development Plan (MTPDP); 
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h) 
Coordinate and support the generation and acquisition of necessary resources as 
18 
may be appropriate for the development, marketing, growth and competitiveness of the 
19 
Philippine ICT and leT -enabled services sectors; 
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i) 
Develop, implement and improve, in coordination with concerned government 
21 
agencies and industry associations, tl1e government's rCT capabilities and determine the 
22 
personnel qualifications and other standards essential to the effective development and operation 
23 
of govemment information and communications infrastructure; 
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j) 
Encourage and establish guidelines for the use of public-private partnerships in 
25 
the implementation of ICT projects for government agencies in order to fast-track said projects 
26 
and provide reasonable retum-on-investment for the private sector, including but not limited to 
27 
Build-Operate-Transfer (BOT) mechanisms; 
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k) 
Assess, review and support lCT research and development programs of the 
2 
government in coordination with the Department of Science and Technology and other 
3 
institutions concerned; 
4 
1) 
Establish and prescribe rules and regulations for the establishment, operation and 
5 
maintenance of lCT infrastructure in unserved and underserved areas, in consultation with the 
6 
private sector, local government units CLOUs) and the academe; 
7 
m) 
Provide policy-direction and guidance in lCT-related aspects for the operation and 
8 
maintenance of a nationwide postal system that shall include mail processing, delivery services, 
9 
and money remittances and payment services; 
10 
n) 
Assist and provide technical expertise in the development of guidelines to the 
11 
Intellectual Property Office (IPO) in the enforcement and administration of laws, standards, 
12 
rules, and regulations governing leT; 
13 
0) 
In coordination with concerned agencies, the private sector and relevant 
14 
international bodies, ensure consumer protection and welfare, and protect the rights of consumer 
15 
and business users to privacy, security and confidentiality; 
16 
p) 
Harmonize, synchronize and coordinate with appropriate agencies al1 lCT and e-
17 
commerce policies, plans and programs; 
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q) 
Coordinate with the Department of Trade and Industry in the promotion of trade 
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"and investment opportunities and protection of investor interests in the lCT and lCT-enabled 
20 
services sectors; 
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r) 
In coordination with concerned agencies, promote strategic partnership and 
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alliances among and between local and international lCT firms and institutions, research and 
23 
development, educational and training institutions, research and development, educational and 
24 
training institutions, and technology providers, developers and manufacturers, to speed up 
25 
industry growth and enhance global competitiveness; 
26 
s) 
In coordination with concerned agencies, plan and implement such activities as 
27 
may be appropriate to enhance the competitiveness of Philippine workers, firms, and smal1 and 
28 
medium enterprises in the global markets for lCT and ICT -enabled services; 
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t) 
In coordination with concerned agencies, establish and recommend the adoption 
2 
of qualification standards and enhance the career opportunities of reT workers in government; 
3 
u) 
In coordination with the Department of Education, Commission on Higher 
4 
Education, and Technical Education and Skills Development Authority, fonnulate policies and 
5 
initiatives to promote lCT and lCT -enabled services education and the development, promotion 
6 
and application of lCT in education in a mal11ler that is consistent with the national goals and 
7 
objectives, and responsive to the human resource needs of the lCT and lCT-enabled services 
8 
sectors; 
9 
v) 
Facilitate the creation of the ChiefInfOlmation Officer (CrO) Council, which shall 
10 
consist of cros of national government agencies (NOAs) with at least the rank of Assistant 
11 
Secretary, with the Secretary serving as the Chairman, to assist the Department in implementing 
12 
e-government initiatives, and; 
13 
w) 
Administer the E-Government Fund as specified in Section 15 and, in 
14 
coordination with the Department of Budget and Management, establish guidelines for the 
15 
disbursement and management of the E-Government Fund, including the monitoling and 
16 
evaluation system ofprojects funded under the said fund. 
17 
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SEC. 7. Composition. -
The Department of InfOlmation and Communications 
19 
Technology shall be headed by a Secretary. The Department proper shall be composed of the 
20 
Office of the Secretary, the offices of the Undersecretaries and the Assistant Secretaries. 
~ 
21 
22 
SEC. 8. Secretary of Information and Communications Technology. - The Secretary 
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shall be appointed by the President, subject to confirmation by the Commission on 
24 
Appointments. 
25 
The Secretary shall have the following functions: 
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a) Provide executive direction and supervision over the entire operations of the 
27 
Department and its attached agencies; 
28 
b) Establish policies and standards for the effective, efficient and economical operation 
29 
of the Department, in accordance with the programs of government; 
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1 
c) Rationalize delivery systems necessary for the effective attainment of the objectives 
2 
of the Department, in accordance with the programs of Government; 
3 
d) Review and approve request for financial and manpower resources of all operating 
4 
offices of the Department; 
5 
e) Designate and appoint officers and employees of the Department, excluding the 
6 
Undersecretaries, Assistant Secretaries, and Regional and Assistant Regional 
7 
Directors, in accordance with the Civil Service laws, rules and regulations; 
8 
f) Coordinate with LGUs, other agencies and public and private interest groups, 
9 
including non-government organizations (NGOs) and people's organizations (POs) 
10 
on Department policies and initiatives; 
11 
g) Advice the President on the promulgation of executive and administrative orders and 
12 
regulatory and legislative proposals on matters pertaining to ICT development; 
13 
h) Serve as a member of the Govermnent Procurement Policy Board as established by 
14 
Republic Act No. 9184; 
15 
i) Serve as the Chainnan of the Board of the Philippine Postal Corporation 111 
16 
accordance with Republic Act No. 7354 and the Corporation Law; 
17 
j) Fonnulate such rules and regulations and exercise such other powers as may be 
18 
required to implement the objectives of this Act, and; 
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~ 
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k) Perform such other tasks as may be provided by law or assigned by the President 
20 
from time to time. 
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SEC. 9. Undersecretaries. - The Secretary shall be assisted by three (3) undersecretaries, 
23 
who shall be appointed by the President upon the recommendation of the Secretary; Provided, 
24 
That one (I) of the undersecretaries shall be a career officer coming from ranks of existing 
25 
goverrunent infonnation and communications agencies and offices or qualified ICT professionals 
26 
in the private sector. 
27 
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1 
SEC. 10. Assistant Secretaries. - The Secretary shall be assisted by three (3) assistant 
2 
secretaries who shall be career officers appointed by the President upon the recommendation of 
3 
the Secretary. 
4 
5 
SEC. 11. Qualifications. - No person shall be appointed Secretary, Undersecretary, or 
6 
Assistant Secretary of the Department unless he is a citizen and resident of the Philippines, of 
7 
good moral character, and of proven integtity. 
8 
9 
SEC. 12. Regional Offices. - The Department shall be authorized to establish, operate, 
10 
and maintain Regional Office in each of the administrative regions of the country as the need 
11 
arises. The regional office shall be headed by a Regional Director, who may be assigned by one 
12 
(l) Assistant Regional Director. The Regional Offices shall have, within their respective 
13 
administrative regions, the following functions: 
14 
a. Implement laws, policies, plans, programs, projects, rules and regulations of the 
15 
Department; 
16 
b. Provide efficient and effective service to the people; 
17 
c. Coordinate with regional offices of other departments, offices, and agencies; 
18 
d. Coordinate with LGUs, and; 
19 
e. Perform such other functions as may be provided by law or assigned by the 
20 
Secretary. 
21 
22 
SEC. 13. Transfer of Agencies and Personnel. -
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a. The following agencies are hereby abolished, and their powers and functions, 
24 
applicable funds and appropriations, records, equipment, property, and persOimel transferred 
25 
to the Department: 
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I. All operating units currently existing in the Information and Communications 
27 
Technology Office (ICTO); 
28 
2. National Computer Center (NCC); 
29 
3. Telecommunications Office (TELOF); 
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2 
3 
4 
5 
6 
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4. All operating units of the Department of Transportation and Communications 
(DOTC) with functions and responsibilities dealing with communications. 
All offices, services, divisions, units and personnel not otherwise covered by 
this Act for transfer to the Department shall be retained under the DOTC, which is 
hereby renamed the Department of Transportation. 
8 
b. The following agencies are hereby attached to the Department for policy and 
9 
program coordination, and shall continue to operate and function in accordance with the 
10 
charters, laws or orders creating them, insofar as they are not inconsistent with this Act: 
11 
1. National Telecommunications Commission, and; 
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2. Philippine Postal Corporation. 
13 
14 
c. The laws and tules on government reorganization as provided for in Republic Act 
15 
No. 6656, otherwise known as the Reorganization Law, shall govem the reorganization 
16 
process of the Department. 
17 
18 
SEC. 14. Postal Regulatory Authority. - The exclusive power and authority to regnlate 
19 
the postal delivery services industry, as provided for under Presidential Decree No. 240 and 
20 
Republic Act No. 7354, is hereby transferred to the Department. 
21 
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SEC. 15. E-Government Fund. -
There shall be an E-Government Fund to be 
23 
administered by the Department, which is a special account in the General Fund, created 
24 
specifically to find cross-agency and citizen-centric government rCT projects. The Fund shall be 
25 
used to suppoli and co-finance projects that enable the govemment to expand its ability to 
26 
conduct activities electronically and provide frontline services through the development and 
27 
implementation of innovative uses of the Internet or ollieI' emerging technologies. However, 
28 
internal IT systems meant to support the agencies' IT operations shall be charged against the 
29 
agencies' own budgetary allocation. 
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SEC. 16. Implementation of the RPWeb. - In consonance with the objectives of 
2 
Administrative Order No. 332 and Republic Act No. 8792, the primary responsibility over the 
3 
implementation of the RPWeb or the electronic online network of the government which shan 
4 
serve as initial platform of the Government Information Infrstmcture (GIl), is hereby transferred 
5 
to the Department. For this pnrpose, the Department shall continue utilization of all funds, 
6 
monies, interests, and propeliies outstanding and accming from the RPWeb. 
7 
8 
SEC. 17. Sectoral and Industry Task Forces. - The Department may create sectoral and 
9 
industry task forces, technical working groups, advisory bodies or committees for the furtherance 
10 
of its objectives. Additional private sector representatives, such as from academe and federation 
11 
of private industries directly involved in ICT, as well as other NGAs, LGUs and government-
12 
owned and -controlled corporations (GOCCs), may be appointed to these working groups. 
13 
Government IT professionals may also be tapped to partake in the work of the Department 
14 
through these working groups. 
15 
16 
SEC. 18. Structure and .Staffing Pattern. -
The Department shall determine its 
17 
organizational structure and create new divisions or units as it may deem necessary, and shan 
18 
appoint officers and employees of the Department in accordance with the Civil Service law, 
19 
rules, and regulations. 
20 
21 
SEC. 19. Magna Carta. - Employees of the Department shall be covered by Republic 
22 
Act No. 8439, which provides a magna carta for scientists, engineers, researchers and other 
23 
science and technology personnel in the government. 
24 
25 
SEC. 20. Separation from Service. - Employees separated from the service as a result of 
26 
this reorganization shall, within ninety (90) days therefrom, receive the separation and retirement 
27 
benefits to which they may be entitled under Executive Order No. 366: Provided, That such 
28 
separation pay and retirement benefits shall have priority of payment out of the savings of the 
29 
Depmiment or agency. 
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1 
SEC. 21. Appropriation, - The amount needed for the initial implementation of this Act 
2 
shall be taken from the current fiscal year's appropriation of the former CICT through the Office 
3 
of the President and all agencies herein absorbed by or attached to the Department. Thereafter, 
4 
the amount needed for the operation and maintenance of the Department shall be included in the 
5 
General Appropriations Act: Provided, That for the next fiscal year, the amount shall be One 
6 
billion two hundred million pesos (P 1 ,200,000,000.00). 
7 
8 
SEC. 22. - Repealing Clause. - All laws, decrees, executive orders, rules and regulations 
9 
and other issuances or parts thereof which are inconsistent with this Act are hereby repealed, 
10 
amended or modified accordingly. 
11 
12 
SEC. 23. Separability Clause. -
If any provision of this Act shall be declared 
13 
unconstitutional or invalid, the other provisions not otherwise affected shall remain in full force 
14 
and effect. 
15 
16 
SEC. 24. Effectivity Clause. - This Act shall take effect fifteen (15) days from its 
17 
publication in at least two (2) papers of general circulation. 
Approved, 
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