WHEREAS, there is a proliferation and under-utilization of computers in the national government resulting from the absence of a rational framework for the acquisition and utilization of Electronic Data Processing (EDP) facilities; and which makes imperative the development and implementation of a computer development strategy for the Government;
WHEREAS, the establishment of the necessary environment is a precondition within which a responsive computer development strategy can best be carried out;
WHEREAS, it is sound policy to maintain a self-reliant posture in the field of computer technology through the development of indigenous capabilities in the computer industry;
WHEREAS, to achieve these ends, there is need to provide for the restructuring of the National Computer Center to order that if may effectively formulate policies and standards and coordinate all activities related to computerization in the country;
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order the following as part of the law of the land:
SECTION 1. Declaration of Policy.—It is hereby declared the policy of the Government, in furtherance of national development, to create the appropriate environment for, and rationalize the use and application of, computer technology to attain the following objectives:
SECTION 2. Functions and Powers of the National Computer Center.—The National Computer Center shall remain as an agency under the Office of the President and shall have the following functions and powers:
SECTION 3. National Computer Development Program.—The National Computer Center shall prepare and annually update a Ten-Year National Computer Development Program, hereinafter referred to as the "Program", which shall provide a rational and integrated framework for computerization development activities in the Government. The National Computer Center shall submit the Program for the approval of the NEDA Board.
The Program shall be based on a computer-sharing framework designed to restructure and/or realign existing EDP organizations and prescribe the desired number and capacity of government computer installations in accordance with the guidelines established by the NEDA Board.
Upon approval of the Program by the NEDA Board, all departments, bureaus, agencies and instrumentalities of the government including local government shall implement the same within their respective jurisdictions. The Board shall ensure that the approved Program and implementing policies, regulations and standards are adopted and implemented by the agencies concerned.
SECTION 4. Managing Director.—The Management of the National Computer Center shall be vested in the Managing Director who shall be the chief executive thereof and who shall be appointed by the President of the Philippines with the following powers, functions and duties:
SECTION 5. Personnel.—The National Computer Center shall have such personnel as may be necessary for the performance of its functions and such other personnel as may be assigned or detailed from other agencies of the Government; Provided, That the Managing Director may engage on contractual basis or other arrangements for temporary services and fix the compensation of highly qualified professionals, expert technical advisers or consulting firms; and grant to its personnel or those detailed to the Center honoraria, allowances or overtime pay in such reasonable amount as it may fix subject, however, to the final approval thereof by the Office of Compensation and Position Classification, Budget Commission.
SECTION 6. Donations.—The Center is hereby authorized to receive grants, donations, bequests or gifts, in whatever form and from whatever sources; Provided, That said grants, gifts, bequests or donations shall be administered, obligated and disbursed in accordance with the terms thereof, or in the absence of such terms, in such manner as the interest of the Government be best served; Provided, further, That said grants, gifts, bequests or donations shall be subject only to such limitations as the grantor, giver or donor may impose as accepted by the NCC.
SECTION 7. Reimbursement of Expenses.—The NCC is hereby authorized to receive reimbursement of expenses incurred in providing systems development, software and hardware development and computer services to agencies and instrumentalities of the Government and to charge fees for its educational services; Provided, That the rates or charges for such services shall be fixed by the Board; Provided, further, That the fees and other payments collected by the NCC shall be subject to the provisions of P.D. No. 711 and any excess income shall be utilized by the agency only upon approval of Special Budgets.
SECTION 8. Repealing and Separability Clauses.—The provisions of the Integrated Reorganization Plan, particularly Part IV, Chapter I, Article VII, and all laws, decrees, orders, rules and regulations, policies, programs or parts thereof which are inconsistent with any of the provisions of this Decree are hereby repealed or modified accordingly.
If for any reason any section or provision of this Decree is declared unconstitutional or invalid, the other Section or provisions thereof, which are not affected thereby, shall continue in full force and effect.
SECTION 9. Effectivity.—This Decree shall take effect immediately.
Done in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen hundred and seventy-eight.
(Sgd.) FERDINAND E. MARCOS
President of the Philippines
By the President: (Sgd.) JUAN C. TUVERA Presidential Assistant