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(NAR) VOL. 24 NO. 4 / OCTOBER - DECEMBER 2013

[ DOST ADMINISTRATIVE ORDER NO. 013, S. 2013, December 03, 2013 ]

PRESCRIBING THE IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO. 10535, OTHERWISE KNOWN AS “THE PHILIPPINE STANDARD TIME ACT OF 2013,” TO SET THE PHILIPPINE STANDARD TIME (PHST) IN ALL OFFICIAL SOURCES THROUGHOUT THE COUNTRY, TO PROVIDE FUNDS FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF SYNCHRONIZED TIME DEVICES TO BE DISPLAYED IN KEY PUBLIC PLACES AND TO DECLARE THE FIRST WEEK OF EVERY YEAR AS NATIONAL TIME CONSCIOUSNESS WEEK



Pursuant to Section 10 of Republic Act No. 10535, An Act to Set the Philippine Standard Time (PhST) in All Official Sources Throughout the Country, to Provide Funds for the Installation, Operation and Maintenance of Synchronized Time Devices to be Displayed in Key Public Places and to Declare the First Week of Every Year as National Time Consciousness Week, the Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA), in coordination with the Department of Science and Technology (DOST), the National Telecommunications Commission (NTC), the Department of Transportation and Communications (DOTC), the Department of the Interior and Local Government (DILG), the Department of National Defense (DND), the Department of Health (DOH), the Department of Education (DepEd), the Commission on Higher Education (CHED), and Civil Service Commission (CSC), hereby issue, adopt and promulgate the following Rules and Regulations to implement the aforesaid Act.

RULE I
GENERAL PROVISIONS

SECTION 1. Title – These Rules and Regulations shall be known and cited as the Implementing Rules and Regulations of Republic Act No. 10535, otherwise known as the “Philippine Standard Time (PhST) Act of 2013.”

SECTION 2. Purpose – This Implementing Rules and Regulations, hereinafter called “IRR,” is hereby promulgated to prescribe the manner, procedures and guidelines for the effective implementation of the Philippine Standard Time Act of 2013, to facilitate the compliance therewith and to achieve the objectives thereof.

SECTION 3. Guiding Principles

(a)
The Constitution, Article II, Section 24, provides that:

“Sec. 24. The State recognizes the vital role of communication and information in nation building.”

(b)
Time is a vital component of our social, legal, political, religious, military and economic activities. By synchronizing the official watches and clocks in the country, Filipinos can sing the national anthem at the same time, welcome a new year in unison, blend time sensitive chemical mixtures like medicines and food ingredients and synchronize security locks and other devices, open government services at the appropriate hours; and, run air, land and sea transportation lines on time, trade stocks from around the world from opening to closing of the bell, execute military undertakings with precision, celebrate and pray together during ceremonies or manifestations of any religion.
   
(c)
Developing a culture of punctuality and practicing wise time management will allow us to be exponentially more productive at home, school and the workplace.
   
(d)
By enjoining all government offices to subscribe to the Philippine Standard Time, all citizens would eventually follow suit and observe the same time reference in order to avail of the time-based government services.
   
(e)
Accurate time is also required for Meteorologists that study the weather disturbances. They need accurate timing to obtain data synchronously and automatically over wide geographical areas. Synchronize observations of weather parameters by PAGASA field stations can give the PAGASA forecaster the much needed quantitative data in order to understand the current state of the atmosphere on a given place and using scientific understanding of atmospheric processes to project how the atmosphere will evolve on that place. Thus, the real time collection of high-quality meteorological data is important, for effective use in the provision of weather information, the issuance of timely and accurate forecasts and warnings for the general public, shipping and civil aviation.
   
(f)
The largest body of users of precise and accurate timing techniques is thought to be within the areas of navigation (including position determination) and communication systems (including radio, TV, video, multimedia, telephone, cellular, internet, and others.). TV stations must transmit on the exact frequencies assigned by the National Telecommunication Commission (NTC). They need accurate time-of-day so they can join their networks at the right instant. The Transportation Industry needs accurate time sources to synchronize clocks used in public transportation systems and for vehicle location, dispatching and control. The Railroads, especially the MRT’s and the LRT’s use the time-of-day to set watches and clock systems, so that trains arrive and depart on schedule and lastly, the Aviation/Aerospace Industry needs accurate time interval sources for aircraft traffic control systems and for synchronization of satellite and missile tracking stations.

RULE II
DEFINITION OF TERMS

SECTION 1. Definition of Terms – Whenever used in this Implementing Rules and Regulations (IRR), the following terms shall refer to:

(a)
“ACT” shall refer to Republic Act No. 10535, otherwise known as “The Philippine Standard Time Act of 2013.”
(b)
“Agency of the Government” refers to any of the various units of the Government, including a department, bureau, office, instrumentality, or government-owned or controlled corporation, or a local government or a district unit therein.
(c)
“Calibration and Synchronization” is the act of checking or adjusting by comparison with the standard that ensures the operational accuracy of the time pieces and devices.
(d)
“Coordinated Universal Time” is the official time of the world. UTC 00:00:00 coincide with midnight at the zero meridian in Greenwich, England, and is the basis for all civil timekeeping.
(e)
“Global Positioning System” refers to the accurate time source that features 24 orbiting satellites that carries atomic clocks on board. It is the world’s principal supplier of accurate time both as a time source and time-transfer.
(f)
“Network Time Protocol” is an Internet standard protocol that assures accurate synchronization to the milliseconds of computer clock in a network of computer.
(g)
“Official Time Piece and Device” refers to an instrument, which shall be designated in their respective offices by those covered in this IRR, such as clock or watch that measures, registers, or record time. It shall also refer to any apparatus for measuring, recording and displaying the progress of time reflecting the Philippine Standard Time. Displays include public clocks whether analogue or digital.
(h)
“Philippine Standard Time (PhST)” refers to the national official time in all of the country’s official sources.
(i)
“Television and Radio Stations” refers to the government-owned or private television and radio stations throughout the country.
(j)
“Time Service Unit (TSU)” is the official unit in PAGASA that maintains the national standard of time and frequency; disseminates the precise time and frequency through the use of internet, television and radio broadcast and any other means; extend time and frequency calibration and standardization services to scientific institutions; and, exchanges data on time and frequency with overseas institutions.

RULE III
GUIDELINES ON THE IMPLEMENTATION
OF THE PHILIPPINE STANDARD TIME

SECTION 1. Coverage – This IRR shall be national in scope and shall apply to:

(a)
National government agencies including State Universities and Colleges (SUCs) and Government Owned and Controlled Corporations (GOCCs);
(b)
Local Government Units;
(c)
Government television and radio stations;
(d)
private television and radio stations;
(e)
private corporations/agencies; and,
(f)
People’s organizations, Non-government organizations and Civil Society groups.

SECTION 2. Display of the Philippine Standard Time - All national and local government offices shall be required to display the Philippine Standard Time (PhST) on their official time devices, including but not limited to their respective bundy clocks, displayed clocks, quartz clocks and websites, in accordance with the official time being provided by the PAGASA using its network time protocol. Their official time devices shall be prominently displayed in areas readily accessible to the employees and to the general public.

Likewise, all private television and radio stations and all private corporations/agencies are required to observe the PhST.

SECTION 3. Synchronization of Official Timepieces and Devices - At least once a month, all of these offices, through their Information and Communication Technology Units or its equivalent, shall coordinate with PAGASA, through its Time Service Unit (TSU), to synchronize their official timepieces and devices.

SECTION 4. Procedure in Time Synchronization – To ensure the timely synchronization of official timepieces and devices, as required in Section 3, hereof, the PAGASA, through its TSU, shall issue a step-by-step procedure which shall form part of this IRR.

SECTION 5. Functions of the PAGASA’s Time Service Unit (TSU) - PAGASA, through its Time Services Unit (TSU), being mandated as the official time service agency of the country, shall have the following responsibilities/ functions:

(a)
Operate a reliable and accurate timekeeping system to maintain the national standard of time and frequency which shall be the basis for determining the Philippine Standard Time (PhST);
(b)
Disseminate, the precise time and frequency throughout the country, using any mode of transmission/dissemination, such as, but not limited to, the telephone; the internet, using the Network Time Protocol (NTP) Server System; the television and radio networks;
(c)
Monitor the accuracy of the timekeeping system and the implementation and compliance to this IRR by all concerned agencies, including the television and radio stations nationwide. It shall advice the National Telecommunications Commission (NTC) of its monitoring through a progress or status report indicating thereto whether Television and radio station monitored is compliant or not, which shall be made available every end of month.

In the event that PAGASA monitored any non-compliance of the PhST by a television or radio station, it shall notify in writing and within twenty-four (24) hours from such non-compliance, the television or radio station. The notice, which shall form part of the status report that will be submitted to NTC, shall contain adequate information of the following matters:

  1. The nature of the alleged non-synchronized/non-calibrated time; and
  2. Date and time of the alleged non-compliance.
(d)
Endeavor to install and maintain sufficiently large and prominently displayed synchronized time devices in all their field stations and in key public places;
(e)
Devise an effective schedule for the calibration and synchronization of the time devices to ensure its accuracy in accordance with the Coordinated Universal Time (UTC).
(f)
Determine the appropriate internal timekeeping system and the procurement of internal equipment necessary for the automatic dissemination of time with global positioning system and recommend the necessary specifications for the procurement of time pieces and devices.
(g)
Coordinate with the Department of Science and Technology (DOST) for the effective implementation and performance of these functions.

SECTION 6. Access to the Philippine Standard Time (PhST) by the General Public – The general public can access the PST through any of the following:

(a)
Through the PAGASA Astronomical Observatory, PAGASA Forecasting Center or the PAGASA ICT group;
(b)
Through all DOST Agencies, Regional and Provincial Offices;
(c)
Through all PAGASA Regional and Field Stations;
(d)
Through the internet, use of Network Time Protocol (NTP) Server System located in the PAGASA website;
(e)
Through any of the national and local government offices;
(f)
Through Government and Private Television Stations, and Government and Private Radio Stations;
(g)
Such other reliable means that provide accurate PhST.

Any reliance on information accessed through any or all of the abovementioned means shall be valid and considered as having based on the PhST.

RULE IV
DISPLAY OF THE PHILIPPINE STANDARD TIME IN ALL NATIONAL AND
LOCAL GOVERNMENT OFFICES, GOVERNMENT AND PRIVATE
TELEVISION AND RADIO STATIONS AND ALL PRIVATE CORPORATIONS/
AGENCIES AND OTHER KEY PUBLIC PLACES, SUCH AS, BUT NOT
LIMITED TO, AIRPORTS, SEAPORTS, EXPRESSWAYS AND GOVERNMENT ELECTRONIC BOARDS

SECTION 1. All national and local government offices, government and private television and radio stations and all private corporations/agencies are required to display the PhST and to make it publicly visible in key places through whatever time pieces or devices to their employees, clients and the public at large.

Public places shall mean to include, but not limited to, airports, seaports, expressways, government buildings and offices, government electronic boards and similar establishments.

RULE V
PROCUREMENT OF EQUIPMENT FOR THE AUTOMATIC DISSEMINATION
OF THE PHILIPPINE STANDARD TIME

SECTION 1. Procurement of the Equipment – The procurement of equipment necessary for the automatic dissemination of time to all national and local offices concerned including all government and private television and radio stations, shall be in accordance with the provisions of Republic Act No. 9184, otherwise known as the “Government Procurement Reform Act” and its Implementing Rules and Regulations (IRR). The DOST shall be the procurement overseer of said equipment.

RULE VI
FUNDING SOURCE

SECTION 1. General Appropriations – The amount necessary for the implementation of Republic Act No. 10535 shall be included in the appropriation of the PAGASA under the DOST in the General Appropriations Act. Thereafter, such amount as may be necessary for the upgrading and/or maintenance of the timekeeping system shall be included in the annual budget of the DOST and PAGASA.

RULE VII
ROLE OF THE NATIONAL TELECOMMUNICATIONS COMMISSION

SECTION 1. The National Telecommunications Commission (NTC) shall require the participation of all government and private television and radio stations throughout the country in order to ensure that the synchronization of timekeeping devices can be undertaken even in the most remote parts of the country.

SECTION 2. Jurisdiction of NTC – The NTC shall have jurisdiction:

(a) To enforce or enjoin obedience to the provisions of RA 10535;
(b) To hear and investigate any violation of RA 10535 and issue subpoena ad testificandum and subpoena duces tecum to secure the appearance of witnesses and the production of documents in connection therewith; and
(c) To restrain further violations thereof by writ of injunction or by any other legal process, mandatory or otherwise.

SECTION 3. Violations and Penalties – Owners of the private television and radio stations who shall unjustifiably fail to calibrate and synchronize their time devices with the PST during their broadcast shall, upon hearing and due proceedings, be penalized based on the following schedule of penalties:

First Offense
-
Fine of not less than thirty thousand (Php30,000.00) pesos but not more than fifty thousand (Php50,000.00) pesos


Revocation and cancellation of franchise to operate
Second Offense
-

In determining whether there is a failure to calibrate and synchronize time devices, a tolerable time deviation with the PhST of plus (+) or minus (-) 5 seconds shall be acceptable.

Any government employee or officer, who is principally responsible for the implementation of the law, shall fail to calibrate and synchronize the devices with the PhST shall be administratively liable without prejudice to any civil or criminal liability that may be appropriately imposed.

The fine to be collected as penalty for the violation of the Act shall be deposited in the general fund of the National Treasury.

RULE VIII
PUBLIC EDUCATION AND INFORMATION

SECTION 1. Information Campaign – All national and local government offices, including all schools, public or private, people’s organizations, non-government organizations and civil society groups shall conduct public awareness and continuing information campaign about the value of time and the need to respect the time of others, in order that the people may realize the imperative of synchronizing the official time. In addition, information shall be disseminated through the internet and printed materials such as newspapers, brochures and pamphlets.

Government and private television and radio stations shall also be involved in the information campaign by providing free time slot for advertisement/ information campaign on the value of time.

The dissemination of information and continuing education shall commence within thirty (30) days from the approval of this Implementing Rules and Regulations.

SECTION 2. All government information agencies and media facilities, in coordination with private media shall be required to assist in the discussion of PhST.

RULE IX
THE “NATIONAL TIME CONSCIOUSNESS WEEK”

SECTION 1. Institutionalization of the “National Time Consciousness Week” – The “National Time Consciousness Week” shall be institutionalized and celebrated every first week of January every year.

SECTION 2. PAGASA and the Science and Technology Information Institute (STII) of the DOST, in collaboration with government agencies, shall organize activities for the observance of National Time Consciousness Week. Government agencies through the CSC shall be encouraged to issue the necessary guidelines to all government agencies to follow PhST.

In the celebration for the week, the public are likewise required to participate and cooperate actively in the activities as well as in propagating a culture of punctuality and practicing wise time management.

RULE X
REPEAL AND SEPARABILITY

SECTION 1. Repeal and Separability – All circulars, memoranda, executive orders, rules and regulations or parts thereof which are inconsistent with any provisions of these Rules are hereby repealed, amended or modified accordingly. If any part or provision of these Rules shall be held invalid or unconstitutional, the remaining provisions or parts not affected shall remain in full force and effect.

RULE XI
AMENDATORY CLAUSE

SECTION 1. Amendment – PAGASA, in coordination with the DOST, NTC, DOTC, DILG, DND, DOH, DepEd, CHED, CSC and other concerned agencies, may cause the amendment of this IRR, as the need arises.

RULE XII
EFFECTIVITY

SECTION 1. Effectivity – These Rules shall take effect fifteen (15) days after its publication in the Official Gazette or two newspapers of general circulation in the country.


(SGD) MARIO G. MONTEJO
Secretary
Department of Science and Technology

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