(NAR) VOL. 15 NOS. 3-4 / JULY - SEPTEMBER 2004
- The provision of strategic, universal, high-speed, reliable, cost-efficient, and equitable access to information and communications technology (ICT) infrastructure, systems, services, and resources as instruments for nation-building and global competitiveness, and for promoting transparency and public accountability in governance shall be ensured;
- A transparent and non-discriminatory policy and legal environment that will promote e-commerce activities, a level playing field, partnerships between the public and the private sector, small and medium ICT enterprises, strategic alliances with foreign investors, balanced investments between high-growth and economically-depressed areas, and broader private sector participation in ICT developments shall be ensured;
- The convergence of ICT resources and services, such as, but not limited to the development of shared ICT networks shall be fostered and accelerated;
- A strong and effective regulatory system that fosters competition and protects intellectual property rights, as well as consumer welfare shall be established;
- The rights of individuals and business users to privacy, security, and confidentiality of their personal information shall be preserved;
- The development of ICT expertise in the country's human capital to enable Filipinos to compete in a fast-evolving information and communications age shall be promoted;
- The growth and global competitiveness of the ICT industries by sustaining a focus on quality and timely awareness of global developments shall be ensured, in coordination with the DTI;
- The use of ICT in support of efforts for the development and promotion of the country's arts and culture, history, education, public health and safety, and other socio-civic purposes shall be encouraged;
- The development of a modern nationwide postal system as an integral component of the overall development of ICT-enabled public services in the country shall be sustained;
- Universal access and high-speed connectivity at fair and reasonable cost shall be ensured;
- The provision of universal access to information and communications services in areas not adequately served by the private sector shall be ensured;
- The widespread use and application of emerging ICT shall be fostered;
- An integrated information database on the ICT sector shall be established and maintained to provide timely facts and data for policy planning and implementation, as well as direct support to the private sector and government agencies; and
- Supporting policies shall be developed to enhance access to capital and other supporting financial infrastructure for the ICT sector.
- Executive Order - refers to Executive Order No. 269 s. 2004, otherwise known as "Creating the Commission on Information and Communications Technology".
- Rules - refers to these Implementing Rules and Regulations.
- CICT - refers to the Commission on Information and Communications Technology.
- Commission - refers to the Chairman and Commissioners of the CICT.
- Information and Communications Technology (ICT) - refers to the totality of electronic means to collect, store, process and present information to end-users in support of their activities. It consists, among others, of computer systems, office systems and consumer electronics, as well as networked information infrastructure, the components of which include the telephone system, the Internet, fax machines and computers.
- ICT Industries - refers to ICT producers, distributors and service providers including but not limited to those engaged in manufacturing, wholesale trade, telecommunications, and other computer-related business activities.
- E-government Fund - refers to a fund set aside by the government for e-government projects that are in consonance with the e-Government agenda and direction of the CICT.
- Universal Access - refers to permitting access to a defined minimum service of specified quality to all users everywhere at an affordable price.
- Convergence - refers to technologies moving together towards a common point and elimination of differences between the provisioning of video, voice and data, using digital and other emerging technologies; the coming together of two or more disparate disciplines or technologies; the ability of different network platforms to carry any kind of service; and the coming together of consumer devices such as, but not limited to, the telephone, television and personal computer.
3.1.1) Supervision and Control Over the CICT. The authority and responsibility for the exercise of the mandate of the CICT and for the discharge of its powers and functions shall be vested in the Chairman, who shall have supervision and control of the CICT. The Chairman shall also have supervision and control over the bureaus, regional offices, coordinating units, and agencies/offices under him, subject to the guidelines prescribed in the Administrative Code.
3.1.2) Supervision and Control Over Transferred Agencies. The Chairman, acting as an official with cabinet rank representing the CICT, shall exercise the following powers over the transferred agencies, subject to the provisions of the Administrative Code:a. Act directly whenever a specific function is entrusted by law or regulation to a subordinate;
b. Direct the performance of duty;
c. Restrain the commission of acts;
d. Review, approve, revise or modify acts and decisions of the Regional officials and other subordinate officials;
e. Determine priorities in the execution of plans and programs;
f. Prescribe standards, guidelines, plans and programs for ICT;
g. Establish the organizational structure and staffing pattern of the CICT and submit the same for approval of the President;
h. Oversee the orderly transfer of assets, personnel and projects to prevent, among others, impairment of valid contracts of the involved agencies to ensure the effective implementation of the provisions of the Executive Order; and
i. Perform such other acts as may be necessary and not otherwise prohibited by law.
3.1.3) Responsibilities Over Attached Agencies. The Chairman shall, in accordance with his power of direct supervision and control over agencies and offices, undertake the following:a. Set policy directions and strategies in the conduct of their activities; and
b. Monitor plans and projects carried out by the attached agencies.
3.1.4) Delegation of Authority. The Chairman shall delegate such authority to the CICT officials as may be necessary for them to implement CICT's plans and programs adequately. The delegation shall be in writing; shall indicate to which officer or class of officers or employees the delegation is made; and shall vest sufficient authority to enable the official to discharge his assigned responsibility.
3.2.1) Advise the President, as the President may direct, in issuing executive orders, regulations, proclamations and other issuances, the promulgation of which is expressly vested by law in the President relative to matters under the jurisdiction of the CICT; 3.2.2) Establish the policies and standards for the operation of the CICT pursuant to the approved programs of government; 3.2.3) Promulgate rules and regulations necessary to carry out CICT's objectives, policies, functions, plans, programs and projects; 3.2.4) Promulgate administrative issuances necessary for the efficient administration of the offices under the Chairman and for proper execution of the laws relative thereto. These issuances shall not prescribe penalties for their violation, except when expressly authorized by law; 3.2.5) Exercise disciplinary powers over officers and employees of the CICT in accordance with law, including their investigation and the designation of a committee or officer to conduct such investigation; 3.2.6) Appoint all officers and employees of the CICT except those whose appointments are vested in the President or in some other appointing authority; Provided, however, that where the CICT is regionalized on a department-wide basis, the Chairman shall appoint employees to positions in the second level in the regional offices as defined in the Administrative Code; 3.2.7) Exercise jurisdiction over all offices and agencies under the CICT as are provided by law, and in accordance with the applicable relationships as specified in Book IV, Chapters 7, 8, and 9 of the Administrative Code; 3.2.8) Formulate and enforce a system of measuring and evaluating periodically and objectively the performance of the CICT and submit the same annually to the President; 3.2.9) Prepare and submit to the President through the Department of Budget and Management an estimate of the necessary expenditures of the CICT during the next fiscal year and succeeding years, on the basis of the reports and estimates submitted by the offices under the CICT; 3.2.10) Be responsible for offices placed directly under the Office of the Chairman as determined by the Commission; and 3.2.11) Perform such other functions as may be provided by law or as may be assigned by the President.
4.2.1) Advise and assist the Chairman in the formulation and implementation of the CICT's objectives and policies;
4.2.2) Coordinate all the operational activities of the focus area/s for which he/she is made responsible to the Chairman; 4.2.3) Assist in guiding government and private investments in the development of ICT, in a more practical, expeditious and orderly manner; 4.2.4) Coordinate the programs and projects of his/her focus area/s and be responsible for its economical, efficient and effective administration; and 4.2.5) Perform such other functions as may be assigned or delegated by the Chairman.
5.3.1) Implement laws, policies, plans, programs, rules and regulations of the CICT in the regions;
5.3.2) Provide economical, efficient and effective service to the people in the area; 5.3.3) Coordinate ICT concerns with the local government units and the regional offices of other departments, bureaus and agencies in the area; 5.3.4) The TelOf Regional Offices shall perform their current functions pending their transition to CICT offices in the regions; and 5.3.5) Perform such other functions as may be delegated by the Chairman.