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Department of Information and Communications Technology

SUMMARY OF REPORT

Maliglig, Abbygale D.

I. Introduction
1.1 History
1.1.1 Predecessor
1.1.2 Restructuring
1.1.3 Initial Efforts
1.2 Secretaries of DICT
1.2.1 Department Executive
1.3 Agencies
1.4 Mission
1.5 Vision

Escalona, Sheela Mae P.

II. About DICT


2.1 Mandate, Power and Functions
2.1.1 Mandate
2.1.2 Power and Functions
2.2 Republic Act No. 10844
2.3 Transparency
2.3.1 Transparency Seal
2.3.1.1 Symbolism
2.3.2 Program and Projects

Valleser, Frances Mae M.

III. RESOURCES

3.1 Resources
3.2 Republic Acts
3.3 EXECUTIVE ORDER
3.4 ADMINISTRATIVE ORDER
3.5 House Bills

Magnaye, Krystle Mae B.

IV. Policies and Standards


4.1 Issued Policies and Standards
4.2 Office Orders
Department of Information and Communications Technology

Maliglig, Abbygale D. ECE – 5201

I. INTRODUCTION

The Department of Information and Communications Technology (DICT) or in


Filipino: Kagawaran ng Teknolohiyang Pang-Impormasyon at Komunikasyon is
the executive department of the Philippine government responsible for the planning,
development and promotion of the country's information and communications
technology (ICT) agenda in support of national development.

1.1 HISTORY

1.1.1 Predecessor
The Commission on Information and Communications Technology, a preceding
agency, was created on January 12, 2004, by virtue of Executive Order No. 269, signed
by President Gloria Macapagal-Arroyo, as a transitory measure to the creation of a
Department of Information and Communications Technology (DICT). The CICT was
composed of the National Computer Center (NCC), the Telecommunications Office
(TELOF), and all other operating units of the Department of Transportation and
Communications (DOTC) dealing with communications. The National Telecommunications
Commission (NTC) and the Philippine Postal Corporation (PhilPost) were also attached to
the CICT for policy coordination. The CICT took over the functions of the Information
Technology and Electronic Commerce Council (ITECC), which was subsequently abolished
through Executive Order No. 334 on July 20, 2004.

1.1.2 Restructuring
o Executive Order No. 454, signed on August 16, 2005, transferred the NTC back to
the DOTC. According to EO 454, the transfer "will streamline bureaucracy operations."
o Executive Order No. 603, signed on February 17, 2007, transferred the TELOF and all
other operating units of the CICT dealing with communications back to the DOTC.
According to EO 603, the transfer "is necessitated by the present demands of national
development and concomitant development projects as it will streamline bureaucracy
operations and effectively promote fast, efficient and reliable networks of communication
system and services."
o Executive Order No. 648, signed on August 6, 2007 but published only on December 24,
2008, transferred the NTC back to the CICT.
o Executive Order No. 780, signed on January 29, 2009, transferred the TELOF and all
other operating units of the DOTC dealing with communications back to the CICT,
thereby returning the CICT to its original composition.
Department of Information and Communications Technology

1.1.3 Initial efforts


Several bills in the Philippine Congress have been filed creating a Department of
Information and Communications Technology (DICT), which would transform the CICT
into an executive department. In the House of Representatives, a consolidated bill, House
Bill No. 4300, was approved on third and final reading on August 5, 2008 and transmitted
to the Senate on August 11, 2008.
In the Senate, a consolidated bill, Senate Bill No. 2546, was approved by the Senate
Committee on Science and Technology on August 19, 2008, but had not made it past
second reading by the time Congress adjourned session on February 5, 2010, which
means the bill is as good as dead. It will have to be refiled in both the House of
Representatives and the Senate in the next Congress. With the failure of Congress to pass
the DICT Bill, the legal basis of the CICT remains an executive order, which means the
next President can abolish the CICT.
Executive Order No. 47 was signed by President Aquino III in June 23, 2011. The
order states that: "Reorganizing, renaming and transferring the Commission on
Information and Communications Technology and its attached agencies to the
Department of Science and Technology, directing the implementation thereof and for
other purposes." Furthermore, "the positions of Chairman and Commissioners of the
CICT are hereby abolished." The BPO stakeholders were surprised with the order and
unhappy with the change.

1.2 SECRETARIES OF DICT

# Name Term Began Term Ended President

1 Rodolfo A. Salalima June 30, 2016 September 22, 2017

Rodrigo
OIC Eliseo M. Rio, Jr. October 12, 2017 Present Duterte

2 Gregorio B. November 20, TBA


Honasan II 2018 (nominated)

1.2.1 Department Executive - Usec. Eliseo M. Rio, Jr., Acting Secretary

Rio was appointed as Undersecretary for Special Concerns of the Department of


Information and Communications Technology and was sworn in on September 13, 2016. As
Undersecretary for Special Concerns, he was in charge of the formulation of policies, planning,
and programming of Cybersecurity and Emergency Communications and the implementation of
strategic programs and projects, and regional operations. He also held various supervisory roles
in agencies like the Cybercrime Investigation Coordination Center, the National Privacy
Commission, and the COMELEC Advisory Council (CAC), as well as overseeing duties
regarding the participation of the DICT in the activities of the National Disaster Risk Reduction
Department of Information and Communications Technology

and Management Council. On October 10, 2017, following the resignation of Rodolfo
Salalima as DICT Secretary, he was appointed officer-in-charge of the department upon the
instructions of President Duterte. Rio was then elevated to acting Secretary of the department on
May 8, 2018. He took his oath of office at the Sandiganbayan on May 11. Plans and programs of
the DICT under his leadership were the implementation of policies to increase internet speed
while keeping costs low, improvement of e-governance to reduce queues and lines at government
offices, programs such as the Technology for Education, Employment, Entrepreneurs, and
Economic Development (Tech4ED) and the development of a high-speed information highway
involving Bases Conversion and Development Authority (BCDA) and Facebook.

1.3 AGENCIES
The functions of the following government agencies have been transferred to the DICT:

o Information and Communications Technology Office (ICTO)


o National Computer Center (NCC)
o National Computer Institute (NCI)
o Telecommunications Office (TELOF)
o National Telecommunications Training Institute (NTTI)
o All operating units of the DOTC with functions and responsibilities dealing with
communications

As per the Department of Information and Communications Act of 2015 (RA


10844), the following agencies are hereby attached to the Department for policy and program
coordination, and shall continue to operate and function in accordance with the charters, laws
or orders creating them, insofar as they are not inconsistent with this Act:

1. National Telecommunications Commission (NTC)


2. National Privacy Commission (NPC)
3. Cybercrime Investigation and Coordination Center (CICC)

All powers and functions related to cybersecurity including, but not limited to, the
formulation of the National Cybersecurity Plan, establishment of the National Computer
Emergency Response Team (CERT), and the facilitation of international cooperation on
intelligence regarding cybersecurity matters are transferred to the Department; and
ii. The CICC shall be chaired by the DICT Secretary.
The laws and rules on government reorganization as provided for in the Republic Act No.
6656, otherwise known as the Reorganization Law, shall govern the reorganization process
of the Department.

1.4 MISSION

“DICT of the people and for the people.”

The Department of Information and Communications Technology commits to:

o Provide every Filipino access to vital ICT info structure and services
Department of Information and Communications Technology

o Ensure sustainable growth of Philippine ICT-enabled industries resulting to creation of


more jobs
o Establish a One Digitized Government, One Nation
o Support the administration in fully achieving its goals
o Be the enabler, innovator, achiever and leader in pushing the country’s development and
transition towards a world-class digital economy

1.5 VISION

“An innovative, safe and happy nation that thrives through and is enabled by
Information and Communications Technology.”

DICT aspires for the Philippines to develop and flourish through innovation and
constant development of ICT in the pursuit of a progressive, safe, secured, contented and
happy Filipino nation.

Core Values

D – Dignity
I – Integrity
C – Competency and Compassion
T – Transparency

Escalona, Sheela Mae P. ECE – 5201

II. ABOUT DICT DEPARTMENT OF INFORMATION AND COMMUNICATIONS


TECHNOLOGY

2.1 MANDATE, POWERS AND FUNCTIONS

2.1.1 Mandate

SEC. 5. Mandate. The Department of Information and Communications Technology (DICT)


shall be the primary policy, planning, coordinating, implementing, and administrative entity of
the Executive Branch of the government that will plan, develop, and promote the national ICT
development agenda. (RA 10844)

2.1.2 Powers and Functions

SEC. 6. Powers and Functions. – The Department shall exercise the following powers and
functions:

2.1.2.1 Policy and Planning


Department of Information and Communications Technology

(a) Formulate, recommend and implement national policies, plans, programs and guidelines that
will promote the development and use of ICT with due consideration to the advantages of
convergence and emerging technologies;

(b) Formulate policies and initiatives, in coordination with the Department of Education
(DepED), the Commission on Higher Education (CHED), and the Technical Education and
Skills Development Authority (TESDA), to develop and promote ICT in education consistent
with the national goals and objectives, and responsive to the human resource needs of the ICT
and ICT-enabled services (ICT-ES) sectors;

(c) Provide an integrated framework in order to optimize all government ICT resources and
networks for the identification and prioritization of all E-Government systems and applications
as provided for the E-Government Masterplan and the Philippine Development Plan (PDP);

2.1.2.2 Improved Public Access

(d) Prescribe rules and regulations for the establishment, operation and maintenance of ICT
infrastructures in unserved and underserved areas, in consultation with the local government
units (LGUs), civil society organizations (CSOs), private sector, and the academe;

(e) Establish a free internet service that can be accessed in government offices and public areas
using the most cost-effective telecommunications technology, through partnership with private
service providers as may be necessary;

2.1.2.3 Resource-sharing and Capacity Building

(f) 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;

(g) 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;

(h) 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;

(i) Assess, review and support ICT research and development programs of the government in
coordination with the Department of Science and Technology (DOST) and other institutions
concerned;

(j) Prescribe the personnel qualifications and other qualification standards essential to the
effective development and operation of government ICT infrastructures and systems;

(k) Develop programs that would enhance the career advancement opportunities of ICT workers
in government;
Department of Information and Communications Technology

(l) Assist in the dissemination of vital information essential to disaster risk reduction through the
use of ICT;

(m) Represent and negotiate for Philippine interest on matters pertaining to ICT in international
bodies, in coordination with the Department of Foreign Affairs (DFA) and other institutions
concerned;

2.1.2.4Consumer Protection and Industry Development

(n) Ensure and protect the rights and welfare of consumers and business users to privacy,
security and confidentiality in matters relating to ICT, in coordination with agencies concerned,
the private sector and relevant international bodies;

(o) Support the promotion of trade and investment opportunities in the ICT and ICT-ES sectors,
in coordination with the Department of Trade and Industry (DTI_ and other relevant government
agencies and the private sector;

(p) Establish guidelines for public-private partnerships in the implementation of ICT projects for
government agencies;

(q) Promote strategic partnerships and alliances between and among local and international ICT ,
research and development, educational and training institutions to speed up industry growth and
enhance competitiveness of Philippine workers, firms, and small and medium enterprises in the
global markets for ICT and ICT-ES;

2.1.2.5 Cybersecurity Policy and Program Coordination

(r) To formulate a national cybersecurity plan consisting of robust and coherent strategies that
would minimize national security risks in order to promote a peaceful, secure, open and
cooperative ICT environment;

(s) To extend immediate assistance for the suppression of real-time commission of cybercrime
offenses and cyber-attacks against critical infrastructures and/or affecting national security
through a computer emergency response team (CERT);

(t) To provide pro-active government countermeasures to address and anticipate all domestic and
transnational incidents affecting the Philippine cyberspace and any cybersecurity threats to the
country;

(u) To enhance the public-private partnership in the field of information sharing involving cyber-
attacks, threats and vulnerabilities, and to coordinate in the preparation of appropriate and
effective measures to prevent and suppress cybercrime as provided in R.A. No. 10175

(v) To monitor cybercrime cases being handled by participating law and prosecution agencies,
and to facilitate international cooperation on intelligence, investigations, training and capacity
building related to cybercrime prevention, suppression, and prosecution;
Department of Information and Communications Technology

(w) To coordinate the support participation of the business sector, local government units and
nongovernment organizations in cybercrime prevention programs and other related projects;

(x) To recommend the enactment of appropriate laws, issuances, measures and policies;

(y) To call upon any government agency to render assistance in the accomplishment of the
Department’s mandated tasks and functions;

(z) To perform all other matters related to cybercrime prevention and suppression including
capacity building and such other functions and duties as may be necessary for the proper
implementation of R.A. No. 10175;

2.1.2.6 Countryside Development

(aa) Formulate policies in consultation with local government units and other local stakeholders
and line agencies for the implementation of responsive, relevant and comprehensive ICT-related
strategies to improve the competitiveness of provincial locations for ICT and ICT-ES industry in
order to develop balanced investments between high-growth and economically-depressed areas
and to promote the development and widespread use of ICT;

(bb) Develop plans and programs in coordination with LGUs and other local stakeholders and
line agencies to ensure that universal access to ICT services and infrastructure are effectively
utilized to generate investments and opportunities in the rural area or areas unserved by private
sector;

(cc) Assist, guide and support ICT-related activities and initiatives for countryside economic
development; and

(dd) Promote and assist LGUs and local stakeholders in developing specialized ICT-enabled
investments areas by providing technical and industry-calibrated assistance in the use of ICT for
the enhancement of key public services, development and promotion of local arts and culture,
tourism, digital literacy, and talent development.

2.2 REPUBLIC ACT NO. 10844

Republic Act No. 10844, otherwise known as the “Department of Information and
Communications Technology Act of 2015”, which was signed into law on 23 May 2016.

In accordance to the law, the Department of Information and Communications


Technology (DICT) shall be the primary policy, planning, coordinating, implementing, and
administrative entity of the Executive Branch of the government that will plan, develop, and
promote the national ICT development agenda.

Apart from this, the DICT is expected to spearhead the following endeavors:

 Nation building Through ICT


 Safeguarding of Information
 Advancement of ICT in the Philippines

Aligning with the current administration’s ICT Agenda, the DICT will prioritize the following:
Department of Information and Communications Technology

 Development of a National Broadband Plan to accelerate the deployment of fiber optic


cables and wireless technologies to improve internet speed
 Provision of Wi-Fi access at no charge in selected public places including parks, plazas,
public libraries, schools, government hospitals, train stations, airports, and seaports
 Development of a National ICT Portal

2.3 TRANSPARENCY

2.3.1 Transparency Seal

Sec. 93. Transparency Seal. To enhance transparency and enforce accountability, all national
government agencies shall maintain a transparency seal on their official websites. The
transparency seal shall contain the following information:

(i) the agency’s mandates and functions, names of its officials with their position and
designation, and contact information;

(ii) annual reports, as required under National Budget Circular Nos. 507 and 507-A dated
January 31, 2007 and June 12, 2007, respectively, for the last three (3) years;

(iii) their respective approved budgets and corresponding targets immediately upon approval of
this Act;

(iv) major programs and projects categorized in accordance with the five key results areas under
E.O. No. 43, s. 2011;

(v) the program/projects beneficiaries as identified in the applicable special provisions;

(vi) status of implementation and program/project evaluation and/or assessment reports; and

(vii) annual procurement plan, contracts awarded and the name of


contractors/suppliers/consultants.

The respective heads of the agencies shall be responsible for ensuring compliance with this
section.

A Transparency Seal, prominently displayed on the main page of the website of a particular
government agency, is a certificate that it has complied with the requirements of Section 93. This
Seal links to a page within the agency’s website which contains an index of downloadable items
of each of the above-mentioned documents.
Department of Information and Communications Technology

2.3.1.1 Symbolism

A pearl buried inside a tightly-shut shell is practically worthless. Government information is a


pearl, meant to be shared with the public in order to maximize its inherent value.

The Transparency Seal, depicted by a pearl shining out of an open shell, is a symbol of a policy
shift towards openness in access to government information. On the one hand, it hopes to inspire
Filipinos in the civil service to be more open to citizen engagement; on the other, to invite the
Filipino citizenry to exercise their right to participate in governance.

This initiative is envisioned as a step in the right direction towards solidifying the position of the
Philippines as the Pearl of the Orient – a shining example for democratic virtue in the region.

2.3.2 Programs and Projects

2.3.2.1 ICT Ecosystem Development

The Philippines’ ICT Ecosystem is a vibrant one. However, the 2013 edition of Measuring the
Information Society (MIS) annual report from ITU places the Philippines at 98 (2012 and 2011)
out of 157 countries and 7th among the ASEAN countries. Key policy issues are given attention,
including mitigating security related threats that may potentially undo the gains already
achieved.
This program aims to have an integrated perspective of markets, networks, services, applications
and content in determining governance, legal and regulatory frameworks.

Major Target:

 Development of plans and policies relative to the implementation and adoption of


infrastructure, systems, and applications and other related framework.

2.3.2.2 National Connectivity

Connectivity is globally recognized as a growth driver. According to a World Bank study, every
10 percent increase i n broadband penetration results in a 1.27 percent increase in a developing
nation’s Gross Domestic Product (GDP). However, many areas of the country and many
Filipinos are still unconnected in one way of another. The program addresses this challenge.

Major Target:

 Established TV White Space (TVWS) base stations in 21,000 sites of Elementary, High
School, and Rural Health Units in 4th to 6th class municipalities by 2016
 Improve the delivery of government services to underserved communities

2.3.2.3 e-Filipino
Department of Information and Communications Technology

As part of the United Nation’s Millennium Development Goal of bringing ICT access to all, the
DOST-ICTO harnesses the use of the ICT to achieve growth and development of communities in
the Philippines by developing Community eCenters (CeCs). These centers adhere to the ICT
needs of different people, offering alternative learning and skills training to each community. It
also aims to prepare the special needs sector through gaining employment to impact sourcing and
ITpreneurship.

Major Target:

 1, 000 new Tech4ED Centers established


 10, 000 new Tech4ED Centers established in barangays through a Franchise Model
utilizing PPP
 one entrepreneur created per center

2.3.2.4 e-Government Harmonization

e-Government (eGov) is key in supporting the MDP and the President’s Social Contract.
Currently, the Philippines ranks 95th in the global eGovernment rankings. This program aims to
improve our position to 50 or higher by addressing key issues such as interoperability and
efficiency through both policy innovations and strategic infrastructure interventions.

Major Target:

 50th or better in global eGov ranking


 Improve in the delivery of government services to underserved communities

2.3.2.5 e-Civil Servants

The ICT Office is mandated to administer and manage ICT Competency-based Training
Programs in collaboration with public and private training institutions and Subject Matter
Experts (SME’s). Courses cover three tracks: e-Government Management, Application
Development, and Technology Solutions. This program also aims to develop the digital
competencies of the public service employees.

2.3.2.6 Next Wave Cities

As the Philippine IT- BPM Industry continues to expand the development of the more host
locations in the Philippines, these NWCs will become a crucial element in enabling and
supporting industry growth. Rich sources of untapped talent, these locations provide good
options for the IT-BPM operations beyond more established hubs and Centers of Excellence in
Metro Manila, Metro Cebu, Metro Clark and Bacolod City.

Major Target:

 141, 000 new employees by end of 2015


 Additional 3 NWCs (IT-BPM hubs outside MM) established per year

2.3.2.7 ICT Enabled Startup


Department of Information and Communications Technology

This is a new initiative which promotes the spirit of entrepreneurship and leverages the use of
ICT to affect change and provide solutions for problems in the different industries and society at
large by supporting the creation of technology startups.
The ICT Office aims to be the government lead in strengthening the local technology startup
community towards a unified goal: to be globally recognized as an active startup hub in Asia and
the world, and effectively mobilize its key resources and players to create and nurture home-
grown and foreign startups alike.

Major Target:

 Total of 50 ICT-Enabled Start-ups with an annual revenue of Php 10 Million each by the
end of 2016

2.3.2.8 Stepping-up the Value Chain

Stepping-Up the Value Chain Program is a long-term strategy that strengthens the country’s
global positioning in targeted high-growth segments of the IT-BPM industry, including
healthcare information management outsourcing; finance, accounting and insurance outsourcing;
HR outsourcing; Multilingual BPO; IT Outsourcing; Creative Process Outsourcing; Engineering
Outsourcing.

Major Target:

 Industry capacity/ capability building through the provision of industry trainings,


seminars, workshops & Rural Impact Sourcing

Valleser, Frances Mae M. ECE-5201

III. RESOURCES

3.1 National Cybersecurity Plan 2022

In view of cybersecurity, the DICT is mandated to “ensure the rights of individuals to


privacy and confidentiality of their personal information; ensure the security of critical ICT
infrastructures including information assets of the government, individuals and businesses; and
provide oversight over agencies governing and regulating the ICT sector and ensure consumer
protection and welfare, data privacy and security, foster competition and the growth of the ICT
sector.” One of the priority areas that the Department has to immediately institute is the
formulation of the National Cybersecurity Plan to address the urgency to protect the nation's
Critical Info structures, Government Networks both Public and Military, Small Medium
Enterprises to Large Businesses, Corporations and its supply chains and every Filipino using the
internet.
The primary goals of this Plan are as follows: (1) assuring the continuous operation of
our nation’s critical info structures, public and military networks (2) implementing cyber
resiliency measures to enhance our ability to respond to threats before, during and after attacks,
Department of Information and Communications Technology

(3) effective coordination with law enforcement agencies and (4) a cybersecurity educated
society.
3.2 DICT ties up with Project BASS to monitor performance of TELCOS

Pursuant to its mandate of protecting the rights and welfare of consumers and business
users in matters relating to ICT, the Department of Information and Communications
Technology (DICT) inked a partnership with Project Bass, a non-profit project that monitors
telco companies’ performance, in hopes of encouraging them to improve their services.

To start off the partnership, DICT Acting Secretary Eliseo Rio, Jr. signed a Memorandum
of Understanding (MoU) with Project Bass’ developer Wilson Chua on 18 July 2018 at the DICT
Seminar Room.

Project BASS or Bandwidth and Signal Statistics provides a free mobile app that
measures the bandwidth provided by telco companies and internet service providers through
crowdsourcing data from the app users. Any app user regardless of time and location can submit
its gathered data to Project BASS for consolidation. The integrated data will be published at the
DICT website through a widget to be developed by the Department.

Through BASS, the DICT can now determine the internet service experience per
municipality. “The key question here is: What is the bandwidth experience in each municipality?
We have that data and now DICT has access to that same data. They can now drill down to any
municipality in the country,” said Wilson Chua.

Project BASS is a non-profit advocacy project that started in 2017 that aims to improve
the quality of internet connection in the Philippines through developing a free mobile app that
will monitor the bandwidth provided by the telco companies and other internet service providers.

3.1.3 The Philippine Framework for the Digital Terrestrial Television Broadcasting
Migration Plan

Following a series of focus group discussions and stakeholders’ consultations, the


Department of Information and Communications Technology (DICT) releases the Framework
for the Digital Terrestrial Television Broadcasting Migration Plan.

Launched during the Ceremonial Digital Switch On (DSO) at the Digital TV Summit
2017, the plan enjoins broadcasters, manufacturers, content producers, including tele viewers, in
a comprehensive nationwide implementation strategy for the expedient migration from analog to
digital broadcasting come the Analog Switch Off (ASO) target at the end of 2023.

The migration is seen to contribute growth in Philippine broadcasting and related


industries, as well as in Bringing New Dimensions to the Broadcasting Experience of Filipinos.

3.2 Republic Acts

3.2.1 REPUBLIC ACT NO. 8792


Department of Information and Communications Technology

AN ACT PROVIDING FOR THE RECOGNITION AND USE OF ELECTRONIC


COMMERCIAL AND NON-COMMERCIAL TRANSACTIONS, PENALTIES
FOR UNLAWFUL USE THEREOF, AND OTHER PURPOSES

PART I
Short Title and Declaration of Policy

SECTION 1. Short Title. — This Act shall be known and cited as the “Electronic Commerce
Act.”

SECTION 2(2). Declaration of Policy. — The State recognizes the vital role of information and
communications technology (ICT) in nation-building; the need to create an information-friendly
environment which supports and ensures the availability, diversity and affordability of ICT
products and services; the primary responsibility of the private sector in contributing investments
and services in ICT; the need to develop, with appropriate training programs and institutional
policy changes, human resources for the information age, a labor force skilled in the use of ICT
and a population capable of operating and utilizing electronic appliances and computers; its
obligation to facilitate the transfer and promotion of technology; to ensure network security,
connectivity and neutrality of technology for the national benefit; and the need to marshal,
organize and deploy national information infrastructures, comprising in both communications
network and strategic information services, including their interconnection to the global
information networks, with the necessary and appropriate legal, financial, diplomatic and
technical framework, systems and facilities.

PART II

Electronic Commerce in General

CHAPTER I – General Provisions

SECTION 3(3). Objective. — This Act aims to facilitate domestic and international dealings,
transactions, arrangements, agreements, contracts and exchanges and storage of information
through the utilization of electronic, optical and similar medium, mode, instrumentality and
technology to recognize the authenticity and reliability of electronic data messages or electronic
documents related to such activities and to promote the universal use of electronic transactions in
the government and by the general public.

SECTION 4(4). Sphere of Application. — This Act shall apply to any kind of electronic data
message and electronic document used in the context of commercial and non-commercial
activities to include domestic and international dealings, transactions, arrangements, agreements,
contracts and exchanges and storage of information.

CHAPTER II – Legal Recognition of Electronic Data Messages and Electronic Documents

SECTION 6(6). Legal Recognition of Electronic Data Message. — Information shall not be
denied validity or enforceability solely on the ground that it is in the form of an electronic data
message purporting to give rise to such legal effect, or that it is merely incorporated by reference
in that electronic data message.
Department of Information and Communications Technology

SECTION 7(7). Legal Recognition of Electronic Documents. — Electronic documents shall have
the legal effect, validity or enforceability as any other document or legal writing, and —

CHAPTER III - Communication of Electronic Data Messages or Electronic Documents

SECTION 16(16). Formation and Validity of Electronic Contracts. — (1) Except as otherwise
agreed by the parties, an offer, the acceptance of an offer and such other elements required under
existing laws for the formation of contracts may be expressed in, demonstrated and proved by
means of electronic data messages or electronic documents and no contract shall be denied
validity or enforceability on the sole ground that it is in the form of an electronic data message or
electronic document, or that any or all of the elements required under existing laws for the
formation of the contracts is expressed, demonstrated and proved by means of electronic data
messages or electronic documents.

(2) Electronic transactions made through networking among banks, or linkages thereof with
other entities or networks, and vice versa, shall be deemed consummated upon the actual
dispensing of cash or the debit of one account and the corresponding credit to another, whether
such transaction is initiated by the depositor or by an authorized collecting party: Provided, That
the obligation of one bank, entity, or person similarly situated to another arising therefrom shall -

PART III

Electronic Commerce in Carriage of Goods

SECTION 26(25). Transport Documents. — (1) Subject to paragraph (3), where the law requires
that any action referred to in Section 25 be carried out in writing or by using a paper document,
that requirement is met if the action is carried out by using one or more electronic data messages
or electronic documents.

(2) Paragraph (1) applies whether the requirement therein is in the form of an obligation or
whether the law simply provides consequences for failing either to carry out the action in writing
or to use a paper document.

(3) If a right is to be granted to, or an obligation is to be acquired by, one person and no other
person, and if the law requires that, in order to effect this, the right or obligation must be
conveyed to that person by the transfer, or use of, a paper document, that requirement is met if
the right or obligation is conveyed by using one or more electronic data messages or electronic
documents: Provided, That a reliable method is used to render such electronic data messages or
electronic documents unique.

(4) For the purposes of paragraph (3), the standard of reliability required shall be assessed in the
light of the purpose for which the right or obligation was conveyed and in the light of all the
circumstances, including any relevant agreement.

(5) Where one or more electronic data messages or electronic documents are used to effect any
action in subparagraphs (f) and (g) of Section 25, no paper document used to effect any such
action is valid unless the use of electronic data message or electronic document has been
terminated and replaced by the use of paper documents. A paper document issued in these
Department of Information and Communications Technology

circumstances shall contain a statement of such termination. The replacement of electronic data
messages or electronic documents by paper documents shall not affect the rights or obligations of
the parties involved.

(6) If a rule of law is compulsorily applicable to a contract of carriage of goods which is in, or is
evidenced by, a paper document, that rule shall not be inapplicable to such a contract of carriage
of goods which is evidenced by one or more electronic data messages or electronic documents by
reason of the fact that the contract is evidenced by such electronic data message or electronic
documents instead of by a paper document.

PART IV

Electronic Transactions in Government

SECTION 29(28). Authority of the Department of Trade and Industry and Participating
Entities. — The Department of Trade and Industry (DTI) shall direct and supervise the
promotion and development of electronic commerce in the country with relevant government
agencies, without prejudice to the provisions of Republic Act 7653 (Charter of Bangko Sentral
ng Pilipinas) and Republic Act No. 337, (General Banking Act) as amended.

Among others, the DTI is empowered to promulgate rules and regulations, as well as provide
quality standards or issue certifications, as the case may be, and perform such other functions as
may be necessary for the implementation of this Act in the area of electronic commerce to
include, but not limited to, the installation of an online public information and quality and price
monitoring system for goods and services aimed in protecting the interests of the consuming
public availing of the advantages of this Act.

PART V

Final Provisions

SECTION 31(30). Lawful Access. — Access to an electronic file, or an electronic signature of an


electronic data message or electronic document shall only be authorized and enforced in favor of
the individual or entity having a legal right to the possession or the use of the plaintext,
electronic signature or file and solely for the authorized purposes. The electronic key for identity
or integrity shall not be made available to any person or party without the consent of the
individual or entity in lawful possession of that electronic key.

3.2.2 Republic Act 9995

ANTI-PHOTO AND VIDEO VOYEURISM ACT OF 2009


AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND VIDEO
VOYEURISM, PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES
Department of Information and Communications Technology

Be it enacted by the Senate and House of Representative of the Philippines in Congress


assembled:

Section 1. Short Title. - This Act shall be known as the "Anti-Photo and Video Voyeurism Act of
2009".

Section 2. Declaration of Policy. - The State values the dignity and privacy of every human
person and guarantees full respect for human rights. Toward this end, the State shall penalize

3.2.3 Republic Act No. 10173

APPROVED: 15 AUGUST 2012

AN ACT PROTECTING INDIVIDUAL PERSONAL INFORMATION IN INFORMATION


AND COMMUNICATIONS SYSTEMS IN THE GOVERNMENT AND THE PRIVATE
SECTOR, CREATING FOR THIS PURPOSE A NATIONAL PRIVACY COMMISSION,
AND FOR OTHER PURPOSES
Be it enacted, by the Senate and House of Representatives of the Philippines in Congress
assembled:

CHAPTER I
GENERAL PROVISIONS

SECTION 1. Short Title - This Act shall be known as the “Data Privacy Act of 2012”.

SEC. 2. Declaration of Policy. - It is the policy of the State to protect the fundamental human
right of privacy, of communication while ensuring free flow of information to promote
innovation and growth. The State recognizes the vital role of information and communications
technology in nation-building and its inherent obligation to ensure that personal information in
information and communications systems in the government and in the private sector are secured
and protected.

CHAPTER II
THE NATIONAL PRIVACY COMMISSION

SEC. 8. Confidentiality. - The Commission shall ensure at all times the confidentiality of any
personal information that comes to its knowledge and possession.

CHAPTER III
PROCESSING OF PERSONAL INFORMATION

SEC. 11. General Data Privacy Principles. - The processing of personal information shall be
allowed, subject to compliance with the requirements of this Act and other laws allowing
disclosure of information to the public and adherence to the principles of transparency, legitimate
purpose and proportionality.
Department of Information and Communications Technology

Personal information must be:

a. Collected for specified and legitimate purposes determined and declared before, or as
soon as reasonably practicable after collection, and later processed in a way compatible
with such declared, specified and legitimate purposes only;

b. Processed fairly and lawfully;

c. Accurate, relevant and, where necessary for purposes for which it is to be used the
processing of personal information, kept up to date; inaccurate or incomplete data must
be rectified, supplemented, destroyed or their further processing restricted;

d. Adequate and not excessive in relation to the purposes for which they are collected and
processed;

e. Retained only for as long as necessary for the fulfillment of the purposes for which the
data was obtained or for the establishment, exercise or defense of legal claims, or for
legitimate business purposes, or as provided by law; and

f. Kept in a form which permits identification of data subjects for no longer than is
necessary for the purposes for which the data were collected and processed: Provided,
That personal information collected for other purposes may lie processed for historical,
statistical or scientific purposes, and in cases laid down in law may be stored for longer
periods: Provided, further, That adequate safeguards are guaranteed by said laws
authorizing their processing.

The personal information controller must ensure implementation of personal information


processing principles set out herein.

CHAPTER IV
RIGHTS OF THE DATA SUBJECT

SEC. 17. Transmissibility of Rights of the Data Subject. - The lawful heirs and assigns of the
data subject may invoke the rights of the data subject for, which he or she is an heir or assignee
at any time after the death of the data subject or when the data subject is incapacitated or
incapable of exercising the rights as enumerated in the immediately preceding section.

CHAPTER V
SECURITY OF PERSONAL INFORMATION

SEC. 20. Security of Personal Information. - (a) The personal information controller must
implement reasonable and appropriate organizational, physical and technical measures intended
for the protection of personal information against any accidental or unlawful destruction,
alteration and disclosure, as well as against any other unlawful processing.

b. The personal information controller shall implement reasonable and appropriate measures
to protect personal information against natural dangers such as accidental loss or
destruction, and human dangers such as unlawful access, fraudulent misuse, unlawful
destruction, alteration and contamination.
Department of Information and Communications Technology

c. The determination of the appropriate level of security under this section must take into
account the nature of the personal information to be protected, the risks represented by
the processing, the size of the organization and complexity of its operations, current data
privacy best practices and the cost of security implementation. Subject to guidelines as
the Commission may issue from time to time, the measures implemented must include:

1. Safeguards to protect its computer network against accidental, unlawful or


unauthorized usage or interference with or hindering of their functioning or
availability;

2. A security policy with respect to the processing of personal information;

3. A process for identifying and accessing reasonably foreseeable vulnerabilities in


its computer networks, and for taking preventive, corrective and mitigating action
against security incidents that can lead to a security breach; and

4. Regular monitoring for security breaches and a process for taking preventive,
corrective and mitigating action against security incidents that can lead to a
security breach.

d. The personal information controller must further ensure that third parties processing
personal information on its behalf shall implement the security measures required by this
provision.

e. The employees, agents or representatives of a personal information controller who are


involved in the processing of personal information shall operate and hold personal
information under strict confidentiality if the personal information are not intended for
public disclosure. This obligation shall continue even after leaving the public service,
transfer to another position or upon termination of employment or contractual relations.

f. The personal information controller shall promptly notify the Commission and affected
data subjects when sensitive personal information or other information that may, under
the circumstances, be used to enable identity fraud are reasonably believed to have been
acquired by an unauthorized person, and the personal information controller or the
Commission believes that such unauthorized acquisition is likely to give rise to a real risk
of serious harm to any affected data subject. The notification shall at least describe the
nature of the breach, the sensitive personal information possibly involved, and the
measures taken by the entity to address the breach. Notification may be delayed only to
the extent necessary to determine the scope of the breach, to prevent further disclosures,
or to restore reasonable integrity to the information and communications system.

1. In evaluating if notification is unwarranted, the Commission may take into


account compliance by the personal information controller with this section and
existence of good faith in the acquisition of personal information.

2. The Commission may exempt a personal information controller from notification


where, in its reasonable judgment, such notification would not be in the public
interest or in the interests of the affected data subjects.
Department of Information and Communications Technology

3. The Commission may authorize postponement of notification where it may hinder


the progress of a criminal investigation related to a serious breach.

CHAPTER VI
ACCOUNTABILITY FOR TRANSFER OF PERSONAL INFORMATION

SEC. 21. Principle of Accountability. - Each personal information controller is responsible for
personal information under its control or custody, including information that have been
transferred to a third party for processing, whether domestically or internationally, subject to
cross-border arrangement and cooperation.

a. The personal information controller is accountable for complying with the requirements
of this Act and shall use contractual or other reasonable means to provide a comparable
level of protection while the information are being processed by a third party.

b. The personal information controller shall designate an individual or individuals who are
accountable for the organization’s compliance with this Act. The identity of the
individual(s) so designated shall be made known to any data subject upon request.

CHAPTER VII
SECURITY OF SENSITIVE PERSONAL INFORMATION IN GOVERNMENT

SEC. 22. Responsibility of Heads of Agencies. - All sensitive personal information maintained
by the government, its agencies and instrumentalities shall be secured, as far as practicable, with
the use of the most appropriate standard recognized by the information and communications
technology industry, and as recommended by the Commission. The head of each government
agency or instrumentality shall be responsible for complying with the security requirements
mentioned herein while the Commission shall monitor the compliance and may recommend the
necessary action in order to satisfy the minimum standards.

CHAPTER VIII
PENALTIES

SEC. 25. Unauthorized Processing of Personal Information and Sensitive Personal


Information. - (a) The unauthorized processing of personal information shall be penalized by
imprisonment ranging from one (1) year to three (3) years and a fine of not less than Five
hundred thousand pesos (Php500,000.00) but not more than Two million pesos
(Php2,000,000.00) shall be imposed on persons who process personal information without the
consent of the data subject, or without being authorized under this Act or any existing law.

b. The unauthorized processing of personal sensitive information shall be penalized by


imprisonment ranging from three (3) years to six (6) years and a fine of not less than Five
hundred thousand pesos (Php500,000.00) but not more than Four million pesos
(Php4,000,000.00) shall be imposed on persons who process personal information
without the consent of the data subject, or without being authorized under this Act or any

c. CHAPTER IX
MISCELLANEOUS PROVISIONS
Department of Information and Communications Technology

SEC. 38. Interpretation. - Any doubt in the interpretation of any provision of this Act shall be
liberally interpreted in a manner mindful of the rights and interests of the individual about whom
personal information is processed.

SEC. 39. Implementing Rules and Regulations (IRR). - Within ninety (90) days from the
effectivity of this Act, the Commission shall promulgate the rules and regulations to effectively
implement the provisions of this Act.

3.2.4 Republic Act No. 10175

RULES AND REGULATIONS IMPLEMENTING


REPUBLIC ACT NO. 10175, OTHERWISE KNOWN AS THE
“CYBERCRIME PREVENTION ACT OF 2012”

Pursuant to the authority of the Department of Justice, Department of Interior and Local
Government, and Department of Science and Technology under Republic Act No. 10175,
otherwise known as the “Cybercrime Prevention Act of 2012”, the following rules and
regulations are hereby promulgated to implement the provisions of said Act:

RULE 1
PRELIMINARY PROVISIONS

Section 1. Title. – These Rules shall be referred to as the Implementing Rules and Regulations of
Republic Act No. 10175, or the “Cybercrime Prevention Act of 2012”.

Section 2. Declaration of Policy. – The State recognizes the vital role of information and
communications industries, such as content production, telecommunications, broadcasting,
electronic commerce and data processing, in the State’s overall social and economic
development.

The State also recognizes the importance of providing an environment conducive to the
development, acceleration, and rational application and exploitation of information and
communications technology to attain free, easy, and intelligible access to exchange and/or
delivery of information; and the need to protect and safeguard the integrity of computer,
computer and communications systems, networks and databases, and the confidentiality,
integrity, and availability of information and data stored therein from all forms of misuse, abuse
and illegal access by making punishable under the law such conduct or conducts.

The State shall adopt sufficient powers to effectively prevent and combat such offenses by
facilitating their detection, investigation and prosecution at both the domestic and international
levels, and by providing arrangements for fast and reliable international cooperation.

RULE 2
PUNISHABLE ACTS AND PENALTIES

Cybercrimes
Department of Information and Communications Technology

Section 4. Cybercrime Offenses. – The following acts constitute the offense of core cybercrime
punishable under the Act:

A. Offenses against the confidentiality, integrity and availability of computer data and
systems shall be punished with imprisonment of prision mayor or a fine of at least Two Hundred
Thousand Pesos (P200,000.00) up to a maximum amount commensurate to the damage incurred,
or both, except with respect to number 5 herein:

1. Illegal Access – The access to the whole or any part of a computer system without right.
2. Illegal Interception – The interception made by technical means and without right, of
any non-public transmission of computer data to, from, or within a computer system,
including electromagnetic emissions from a computer system carrying such computer
data: Provided, however, That it shall not be unlawful for an officer, employee, or agent
of a service provider, whose facilities are used in the transmission of communications, to
intercept, disclose or use that communication in the normal course of employment, while
engaged in any activity that is necessary to the rendition of service or to the protection of
the rights or property of the service provider, except that the latter shall not utilize service
observing or random monitoring other than for purposes of mechanical or service control
quality checks.
3. Data Interference – The intentional or reckless alteration, damaging, deletion or
deterioration of computer data, electronic document or electronic data message, without
right, including the introduction or transmission of viruses.
4. System Interference – The intentional alteration, or reckless hindering or interference
with the functioning of a computer or computer network by inputting, transmitting,
damaging, deleting, deteriorating, altering or suppressing computer data or program,
electronic document or electronic data message, without right or authority, including the
introduction or transmission of viruses.
5. Misuse of Devices, which shall be punished with imprisonment of prision mayor, or a
fine of not more than Five Hundred Thousand Pesos (P500,000.00), or both, is committed
through any of the following acts:

a. The use, production, sale, procurement, importation, distribution or otherwise making


available, intentionally and without right, of any of the following:

i. A device, including a computer program, designed or adapted primarily for the purpose of
committing any of the offenses under this rules; or

ii. A computer password, access code, or similar data by which the whole or any part of a
computer system is capable of being accessed with the intent that it be used for the purpose of
committing any of the offenses under this rules.

b. The possession of an item referred to in subparagraphs 5(a)(i) or (ii) above, with the intent to
use said devices for the purpose of committing any of the offenses under this section.

Provided, That no criminal liability shall attach when the use, production, sale, procurement,
importation, distribution, otherwise making available, or possession of computer devices or data
referred to in this section is for the authorized testing of a computer system.
Department of Information and Communications Technology

If any of the punishable acts enumerated in Section 4(A) is committed against critical
infrastructure, the penalty of reclusion temporal, or a fine of at least Five Hundred Thousand
Pesos (P500,000.00) up to maximum amount commensurate to the damage incurred, or both
shall be imposed.

RULE 3
ENFORCEMENT AND IMPLEMENTATION

Section 9. Law Enforcement Authorities. – The National Bureau of Investigation (NBI) and the
Philippine National Police (PNP) shall be responsible for the efficient and effective law
enforcement of the provisions of the Act. The NBI and the PNP shall organize a cybercrime
division or unit to be manned by Special Investigators to exclusively handle cases involving
violations of the Act.

The NBI shall create a cybercrime division to be headed by at least a Head Agent. The PNP shall
create an anti-cybercrime unit headed by at least a Police Director.

The DOJ – Office of Cybercrime (OOC) created under the Act shall coordinate the efforts of the
NBI and the PNP in enforcing the provisions of the Act.

RULE 4
JURISDICTION

Section 21. Jurisdiction. – The Regional Trial Court shall have jurisdiction over any violation of
the provisions of the Act, including any violation committed by a Filipino national regardless of
the place of commission. Jurisdiction shall lie if any of the elements was committed within the
Philippines, or committed with the use of any computer system that is wholly or partly situated
in the country, or when by such commission any damage is caused to a natural or juridical person
who, at the time the offense was committed, was in the Philippines.

RULE 6
COMPETENT AUTHORITIES

Section 26. Cybercrime Investigation and Coordinating Center; Composition. – The inter-
agency body known as the Cybercrime Investigation and Coordinating Center (CICC), under the
administrative supervision of the Office of the President, established for policy coordination
among concerned agencies and for the formulation and enforcement of the national cyber
security plan, is headed by the Executive Director of the Information and Communications
Technology Office under the Department of Science and Technology (ICTO-DOST) as
Chairperson; the Director of the NBI as Vice-Chairperson; and the Chief of the PNP, the Head of
the DOJ Office of Cybercrime, and one (1) representative each from the private sector, non-
governmental organizations, and the academe as members.

The CICC members shall be constituted as an Executive Committee and shall be supported by
Secretariats, specifically for Cybercrime, Administration, and Cybersecurity. The Secretariats
shall be manned from existing personnel or representatives of the participating agencies of the
CICC.
Department of Information and Communications Technology

The CICC may enlist the assistance of any other agency of the government including
government-owned and -controlled corporations, and the following:

a. Bureau of Immigration;
b. Philippine Drug Enforcement Agency;
c. Bureau of Customs;
d. National Prosecution Service;
e. Anti-Money Laundering Council;
f. Securities and Exchange Commission;
g. National Telecommunications Commission; and
h. Such other offices, agencies and/or units, as may be necessary.

The DOJ Office of Cybercrime shall serve as the Cybercrime Operations Center of the CICC and
shall submit periodic reports to the CICC.

Participation and representation in the secretariat and/or operations center does not require
physical presence, but may be done through electronic modes such as email, audio-visual
conference calls, and the like.

RULE 7
DUTIES OF SERVICE PROVIDERS

Section 30. Duties of a Service Provider. – The following are the duties of a service provider:

a. Preserve the integrity of traffic data and subscriber information for a minimum period of
six (6) months from the date of the transaction;
b. Preserve the integrity of content data for six (6) months from the date of receipt of the
order from law enforcement or competent authorities requiring its preservation;
c. Preserve the integrity of computer data for an extended period of six (6) months from the
date of receipt of the order from law enforcement or competent authorities requiring
extension on its preservation;
d. Preserve the integrity of computer data until the final termination of the case and/or as
ordered by the Court, as the case may be, upon receipt of a copy of the transmittal
document to the Office of the Prosecutor;
e. Ensure the confidentiality of the preservation orders and its compliance;
f. Collect or record by technical or electronic means, and/or cooperate and assist law
enforcement or competent authorities in the collection or recording of computer data that
are associated with specified communications transmitted by means of a computer
system, in relation to Section 13 hereof;
g. Disclose or submit subscriber’s information, traffic data or relevant data in his/its
possession or control to law enforcement or competent authorities within seventy-two
(72) hours after receipt of order and/or copy of the court warrant;
h. Report to the DOJ – Office of Cybercrime compliance with the provisions of Chapter IV
of the Act, and Rules 7 and 8 hereof;
i. Immediately and completely destroy the computer data subject of a preservation and
examination after the expiration of the period provided in Sections 13 and 15 of the Act;
and
j. Perform such other duties as may be necessary and proper to carry into effect the
provisions of the Act.
Department of Information and Communications Technology

3.2.5 Republic Act No. 10844

AN ACT CREATING THE DEPARTMENT OF INFORMATION AND COMMUNICATIONS


TECHNOLOGY, DEFINING ITS POWERS AND FUNCTIONS APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES

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


assembled:

SECTION 1. Short. Title. – This Act shall be known as the “Department of Information And
Communications Technology Act of 2015”.

SEC. 2. Declaration of Policy. – It is hereby declared the policy of the State:

(a) To recognize the vital role of information and communication in nation-building;

(b) To ensure the provision of £ strategic, reliable, cost-efficient and. citizen-centric information
and communications technology (ICT) infrastructure, systems and resources as instruments of
good governance and global competitiveness;

(c) To ensure universal access to quality, affordable, reliable and secure Id’ services;

(d) To promote the development and widespread use of emerging ICT and foster and accelerate
the convergence of ICT and ICT-enabled facilities;

(e) To ensure the availability and accessibility of ICT services in areas not adequately served by
the private sector

(f) To foster an ICT sector policy environment that will promote a broad market-led development
of the ICT and ICT-enabled services (1CT-ES) sectors, a level playing field, partnership between
the public and private sectors, strategic alliance with foreign investors and balanced investments
between high-growth and economically-depressed areas;

(g) To promote and assist the development of local ICT content, applications and services which
may include support for ICT-based start-up enterprises through strategic partnerships;

(h) To promote the use of ICT for the enhancement of key public services, such as education,
public health and safety, revenue generation, and socio-civic purposes;

(i) To encourage the use of ICT for the development and promotion of the country’s arts and
culture, tourism and national identity;

(j) To promote digital literacy, ICT expertise, and knowledge-building among citizens to enable
them to participate and compete in an evolving ICT age:

(k) To empower, through the use of ICT, the disadvantaged segments of the population,
including the elderly, persons with disabilities and indigenous and minority groups;

(l) To ensure the rights of individuals to privacy and confidentiality of their personal
information;
Department of Information and Communications Technology

(m) To ensure the security of critical ICT infrastructures including information assets of the
government, individuals and businesses; and

(n) To provide oversight over agencies governing and regulating the ICT sector and ensure
consumer protection and welfare, data privacy and security, foster competition and the growth of
the ICT sector.

SEC. 3. Definition of Terms. – As used in this Act the following terms are defined as follows:

(a) Information and Communications Technology or ICT shall mean the totality of electronic
means to access, create, collect, store, process, receive, transmit, present and disseminate
information:

(b) Convergence shall mean the interface between and among various telephony, radio, video,
broadcasting and multimedia infrastructure, devices and services, enabling users or subscribers
thereof to communicate with one another;

(c) Electronic Government or E-Government shall mean the use of ICT 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:

(d) ICT Sector shall mean those engaged in providing goods and services primarily intended to
fulfill or enable the function of information processing and communication by electronic means.
The ICT sector includes telecommunications and broadcast information operators, ICT
equipment manufacturers, multimedia content developers and providers, ICT solution providers,
internet service providers, ICT training institutions, software developers and ICT-ES providers;

(e) ICT-Enabled Services or ICT-ES Sector shall mean those engaged in providing services that
require the intrinsic use of Id’s including engineering or architectural design, informatics service
providers, offshoring and outsourcing service providers such as call centers, back office
processing, software development, medical or legal transcription, animation, game development,
and other services that require the intrinsic use of a networked information infrastructure; and

(f) Chief Information Officer or CIO shall mean a senior officer in all national government
agencies (NGAs), including constitutional offices, state universities and colleges (SUCs),
government-owned and -controlled corporations (GOCCs), and government financial institutions
(GFIs) responsible for the development and management of the agency’s ICT systems and
applications.

SEC. 4. Creation of the Department of Information and Communications Technology (DICT). –


There is hereby created the Department of Information and Communications Technology7,
hereinafter referred to as the Department.

SEC. 7. Composition. – The Department shall be headed by a Secretary. The Department proper
shall be composed of the Office of the Secretary, the Offices of the Undersecretaries and the
assistant secretaries.

SEC. 8. Secretary of Information and Communications Technology. – The Secretary shall be


appointed by the President, subject to confirmation by the Commission on Appointments. The
Secretary shall have the following functions:
Department of Information and Communications Technology

(a) Provide executive direction and supervision over the entire operations of the Department and
its attached agencies,

(b) Establish policies and standards for the effective, efficient and economical operation of the
Department, in accordance with the programs of government;

(c) Review and approve requests for financial and manpower resources of all operating
offices of the Department:

(d) Designate and appoint officers and employees of the Department, excluding the
undersecretaries, assistant secretaries, and regional and assistant regional directors, in accordance
with the civil service laws, rules and regulations;

(e) Exercise disciplinary powers over officers and employees of the Department in accordance
with law, including their investigation and the designation of a committee or officer to conduct
such investigation:

(f) Coordinate with IX5Us. other agencies and public and private interest groups, including
nongovernment organizations (NGOs) and people’s organizations (POs) on Department policies
and initiatives;

(g) Prepare and submit to the President through the Department of Budget and Management
(DBM) an estimate of the necessary expenditures of the Department during the next fiscal year,
on the basis of the reports and estimates submitted by bureaus and offices under him/her;

(h) Serve as a member of the Government Procurement Policy Board (GPPB) as established by
Republic Act No. 9184;

(i) Advise the President on the promulgation of executive and administrative orders and
formulation of regulatory and. legislative proposals on matters pertaining to ICT development;

(j) Formulate such rules and regulations and exercise such other powers as may be required to
implement the objectives of this Act: and

(k) Perform such other tasks as may be provided by law or assigned by the President.

SEC. 9. Undersecretaries. – The Secretary shall be assisted by three (3) undersecretaries, who
shall be appointed by the President upon the recommendation of the Secretary: Provided, That
two (2) of the undersecretaries shall be career officers.

SEC.10. Assistant Secretaries. – The Secretary shall be assisted by four (4) assistant secretaries
who shall be appointed by the President upon the recommendation of the
Secretary: Provided, That two (2) of the assistant secretaries shall be career officers: Provided,
further, That at least one (1) of the assistant secretaries shall be a licensed Professional
Electronics Engineer (PECE), or any suitably qualified person in accordance with Civil Service
Commission (CSC) rules and regulations.

SEC.11. Qualifications. – No person shall be appointed Secretary, Undersecretary, or Assistant


Secretary of the Department unless he or she is a citizen and resident of the Philippines, of good
moral character, of proven integrity and with at least seven (7) years of competence and expertise
Department of Information and Communications Technology

in any of the following: information and communications technology, information technology


service management, information security management, cybersecurity, data privacy. e-
Commerce, or human capital development in the ICT sector.

SEC. 12. Regional Offices – The Department may establish, operate, and maintain a regional
office in the different administrative regions of the country as the need arises. Each regional
office shall be headed by a Regional Director, who may be assisted by one (1) Assistant
Regional Director. The Regional Director and Assistant Regional Director shall be appointed by
the President. The regional offices shall have, within their respective administrative regions, the
following functions:

(a) Implement laws, policies, plans, programs, projects, rules and regulations of the Department:

(b) Provide efficient and effective service to the people:

(c) Coordinate with regional offices of other departments, offices, and agencies;

(d) Coordinate with the LG Us; and

(e) Perform such other functions as may be provided by law or assigned by the Secretary.

SEC. 13. Chief Information Officer (CIO) Council. – The Department shall facilitate the creation
of the CIO Council, which shall consist of CIOs, with the Secretary serving as the Chairman, to
assist the Department in the implementation of government ICT initiatives.

SEC. 14. Sectoral and Industry Task Forces. – The Department may create sectoral and industry
task forces, technical working groups, advisory bodies or committees for the furtherance of its
objectives. Additional private sector representatives, such as from the academe, CSOs, and
federation of private industries directly involved in ICT, as well as representatives of other
NGAs. LGUs and GOCCs may be appointed to these working groups. Government IT
professionals may also be tapped to partake in the work of the Department through, these
working groups.

SEC. 15. Transfer of Agencies and Personnel. –

(a) The following agencies are hereby abolished, and their powers and functions, applicable
funds and appropriations, records, equipment, property, and personnel transferred to the
Department:

(1) Information and Communications Technology Office (ICTO);

(2) National Computer Center (NCC);

(3) National Computer Institute (NCI);

(4) Telecommunications Office (TELOF):

(5) National Telecommunications Training Institute (NTTT); and


Department of Information and Communications Technology

(6) 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.

(b) The following agencies are hereby attached, to the Department for policy and program
coordination, and shall continue to operate and function in accordance with the charters, laws or
orders creating them, insofar as they are not inconsistent with this Act:

(1) National Telecommunications Commission;

(2) National Privacy Commission; and

(3) Cybercrime Investigation and Coordination Center (CICC)

(i) All powers and functions related to cybersecurity including, but not limited to the formulation
of the National Cybersecurity Plan, establishment of the National Computer Emergency
Response Team (CERT), and the facilitation of international cooperation on intelligence
regarding cybersecurity matters are transferred to the Department; and

(ii) The CICC shall be chaired by the DICT Secretary.

(c) The laws and rules on government reorganization as provided for in Republic Act No. 6656,
otherwise known as the Reorganization Law, shall govern the reorganization process of the
Department.

SEC. 16. Separation and Retirement from Service. – Employees who are separated from service
within six (6) months from the effectivity of this Act as a result of the consolidation and/or
reorganization under the provisions of this Act shall receive separation benefits to which they
may he entitled under Executive Order No. 366, s. 2004: Provided, That those who are qualified
to retire under existing retirement laws shall be allowed to retire and receive retirement benefits
to which they may be entitled under applicable laws and issuances.

SEC. 17. Structure and Staffing Pattern. – Subject to the approval of the DBM, the Department
shall determine its organizational structure and create new divisions or units as it may deem
necessary, and shall appoint officers and employees of the Department in accordance with the
civil service law, rules, and regulations.

SEC. 18. Magna Carta. – Qualified employees of the Department and its attached agencies shall
be covered by Republic Act No. 3439, which provides a magna carta for scientists, engineers,
researchers and other science and technology personnel in tie government.

SEC. 19. Transition Period. – The transfer of functions, assets, funds, equipment, properties,
transactions, and personnel of the affected agencies, and the formulation of the internal organic
structure, staffing pattern, operating system, and revised budget of tin Department, shall be
completed within six (6) months from the effectivity of this Act, during which time, the existing
personnel shall continue to assume their posts in holdover capacities until new appointments are
issued: Provided, That after the abolition of tie agencies as specified in Section 15(a) of this Act,
Department of Information and Communications Technology

the Department, in coordination with the DBM, shall determine and create new positions, the
funding requirements of which shall not exceed the equivalent cost of positions abolished.

SEC 20. Appropriation,. – The amount needed for the initial implementation of this Act shall be
taken from the current fiscal year’s appropriation of the ICTO and all agencies herein absorbed.
by or attached to the Department. Thereafter, the amount needed for the operation and
maintenance of the Department shall be included in the General Appropriations Act

SEC 21. Implementing Rules and Regulations. – The ICTC, the DBM, the CSC, and other
government agencies concerned shall issue within sixty (60) days from the effectivity of this Act.
the necessary rules and regulations for the effective implementation of this Act.

SEC. 22. Separability Clause. – If any provision of this Act shall be declared unconstitutional or
invalid, the other provisions not otherwise affected shall remain in full force and effect.

SEC. 23. Repealing Clause. – All laws, decrees, executive orders, rules and regulations and other
issuances or parts thereof which are inconsistent with this Act are hereby repealed, amended or
modified accordingly.

SEC. 24. Effectivtiy. – This Act shall take effect fifteen (15; days after its publication in at least
two (2) newspapers of general circulation.

3.3 EXECUTIVE ORDER

3.3.1 Executive Order No. 14

REVERTING THE CLARK INTERNATIONAL AIRPORT CORPORATION AS A


SUBSIDIARY OF THE BASES CONVERSION AND DEVELOPMENT AUTHORITY, AND
MAINTAINING THE POLICY SUPERVISION AND OPERATIONAL CONTROL OF THE
DEPARTMENT OF TRANSPORTATION OVER THE CLARK INTERNATIONAL
AIRPORT

3.3.2 Executive Order No. 47

REORGANIZING, RENAMING AND TRANSFERRING THE COMMISSION ON


INFORMATION AND COMMUNICATIONS TECHNOLOGY AND ITS ATTACHED
AGENCIES TO THE DEPARTMENT OF SCIENCE AND TECHNOLOGY, DIRECTING
THE IMPLEMENTATION THEREOF AND FOR OTHER PURPOSES

3.3.3 Executive Order No. 893

PROMOTING THE DEPLOYMENT AND USE OF INTERNET PROTOCOL VERSION 6


(IPV6)

3.4 ADMINISTRATIVE ORDER


Department of Information and Communications Technology

3.4.1 Administrative Order No. 39

MANDATING GOVERNMENT AGENCIES TO MIGRATE TO THE GOVERNMENT WEB


HOSTING SERVICE (GWHS) OF THE DEPARTMENT OF SCIENCE AND
TECHNOLOGY-INFORMATION AND COMMUNICATIONS TECHNOLOGY OFFICE

3.5 House Bills

o House Bill No. 4115 – Data Privacy Act of 2011


o House Bill No. 4667 – DICT Act of 2011
o House Bill no. 5808 – Cybercrime Prevention Act of 2011
o Senate Bill No. 2796 – Cybercrime Prevention Act of 2011
o Senate Bill No. 2965 – Data Privacy
o Senate Bill No.50 – Department of ICT Act of 2010”

Magnaye, Krystle Mae B. ECE – 5201

II. POLICIES AND STANDARDS

2.1 Philippine National Public Key Infrastructure (PNPKI) Certificate Policy Version
2.0
A CP is a set of rules that defines the applicability of a certificate to a particular
community and/or class of application with common security requirements. For example,
a particular CP may define the applicability of a type of certificate to the authentication
of parties engaging in business-to-business transactions for the trading of goods or
services within a given price range.
This Certificate Policy (hereafter referred as CP) applies to Certification
Authorities issuing: (1) general purpose certificate, which can be used for all government
and private transactions; and (2) specific purpose certificate, which can only be used for a
specific transaction, issued by a Government Certification Authority (GovCA) or private
Accredited Certification Authority (ACA).
This CP applies to certificates issued under the certification scheme for digital
signatures as mandated by Executive Order No. 810, series of 2009 (EO810, s2009). This
CP is applicable to GovCA and ACA.
This CP is consistent with Request for Comments 3647 (RFC3647) of the Internet
Engineering Task Force (IETF) Internet X.509 version 3 Public Key Infrastructure
Certificate Policy and Certification Practices Framework.
The Certification Practice Statement (CPS) describes the manner in which the
policy statements need to be executed. The CPS usually contains information regarding
specific procedures that should be followed in compliance with the certificate policy.
Department of Information and Communications Technology

For purposes of this policy, SSL certificates are considered general purpose
certificates.

2.2 Memorandum Circular No. 2015-001, Series of 2015 – April 27, 2015
o Subject: Rules and Regulations on Migrating to the Government Web Hosting
Service (GWHS) of the Department of Science and Technology’s Information and
Communications Technology Office (ICT office)
3. Purpose
This Memorandum Circular is being issued to prescribe the rules and regulations
on:
3.1 Migrating to the web hosting service of the DOST-ICT Office.
3.2 Delineating the responsibilities of agencies covered with respect to GWHS.
3.3 Compliance with technical guidelines issued as part of this Memorandum
Circular
3.4 Schedule and order of priority for migration to GWHS.

2.3 Memorandum Circular No. 2015-002, Series of 2015 – April 27, 2015
o Subject: Prescribing The GovMail Service Guidelines For Philippine Government
Agencies
Section 1. General Policy Statement
The GovMail is provided to government employees and officials to assist in the
operation of the government and deliver effective and efficient service to the general
public.

Section 2. Purpose
The purpose of this policy guidelines are as follow:
1. To create a policy guideline that defines the proper use of the GovMail Service;
2. To promote awareness of the benefits of a paperless communication system; and
3. To provide the basis for appropriate disciplinary action on the prohibited use of
the GovMail Service.

2.4 Memorandum Circular No. 2015-002, Series of 2015 – April 27, 2015
o Subject: Prescribing The Philippine Government’s Cloud First Policy
SECTION 2. PURPOSE
This Department Circular is being issued to prescribe the Philippine government policy
on reducing the cost (acquisition and operation) of government ICT by eliminating the
duplication of hardwares and systems, fragmentation of databases and the use of cloud
computing technology to reduce costs, increase employee productivity and develop
excellent citizen online services.

III. OFFICE ORDER

3.1 Implementing Rules and Regulations of the Philippine Business Databank (PBD)
o WHEREAS, under paragraph 1 of Section 14 of Republic Act No. 9485 as amended
by Republic 10 Act No. 11032, the Department of Information and Communications
Technology (DICT), in coordination with the concerned agencies, shall establish,
manage and maintain a Philippine Business Databank (PBD) which shall provide
concerned national government agencies (NGAs) and local government units
(LGUs) access to data and information of registered business entities for the purposes
Department of Information and Communications Technology

of verifying the validity, existence of and other relevant information pertaining to


business entities; and
o WHEREAS, under paragraph 2 of the same Section, the DICT, in consultation with
the Department of Trade and Industry (DTI), Securities and Exchange Commission
(SEC), Cooperative Development Authority (CDA), National Privacy Commission
(NPC), Department of Interior and Local Government (DILG), Local Government
Units (LGUs), and other concerned agencies shall issue the Implementing Rules

3.2 Department Order No. 005, Series of 2018


o Guidelines Establishing A Standard Review And Compliance Procedure For the
Submission Of Statement Of Assets. Liabilities And Network (SALN)
o WHEREAS, Section 10 of Republic Act No. 6713, otherwise known as the Code of
Conduct and Ethical Standards for Public Officials and Employees and CSC
Resolutions Nos. 1300455 and 1500088 require the establishment and conduct of an
agency review and compliance procedure for the submission of Statement of Assets,
Liabilities and Network (SALN);

3.3 Rules And Regulations On The Selection Of A New Major Player In The Public
Telecommunication Market
SEC. 2. Qualifications Of The Participants For The Selection Of The New Major Player
(NMP)
In addition to those provided for in Sec. 1.10, every Participant shall possess the
following qualifications: Draft Memorandum Circular on New Major Player
2.1 Legal Qualifications
Holder of a Congressional Franchise that is not a Related Party to any Dominant
Telecommunications Player and has no Participant’s Outstanding Liabilities.
2.2 Financial Capability
a. In case of a Participant under Sec. 1.10(a), has a paid capital of at least Ten Billion
Pesos, Philippine currency (₱10.0B) as indicated in its latest audited financial
statements; or
b. In case of a Participant under Sec. 1.10(b), the aggregate paid capital of its
members should at least be Ten Billion Pesos, Philippine Currency (₱10.0B) as
indicated in their respective latest audited financial statements.
2.3 Technical Capability
The Participant under Sec. 1.10(a) or one of its members under Sec. 1.10 (b) shall
have experience in the provisioning, delivery and operations of telecommunications
services for the last ten (10) years on a national scale

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