QuestionsQuestions (CICT)
The IRR provides that the CICT shall promote macroeconomic and sector-specific policies consistent with competition, standardization, liberalization, empowerment, and constitutional principles—especially data protection, information/infrastructure security, and related objectives. It emphasizes universal, high-speed, reliable, equitable access; transparent non-discriminatory legal environment; convergence; strong regulatory system; privacy/security for users; ICT expertise development; integrated ICT database; and supportive access to capital, among others.
Universal Access is defined as permitting access to a defined minimum service of specified quality to all users everywhere at an affordable price. It is central because several policy points mandate universal access and high-speed connectivity at fair and reasonable cost, including access in areas not adequately served by the private sector.
CICT is headed by a Chairman with Cabinet rank. Commissioners consist of the Director-General of the National Computer Center (NCC) and the Chief of DOTC’s Telecommunications Office (TELOF), who concurrently serve as Commissioners, plus two additional Commissioners appointed by the President upon recommendation by the Chairman. Transferred agencies include NCC, TELOF, and related DOTC communications units, consolidated under CICT. Attached agencies are NTC and the Philippine Postal Corporation (PPC).
CICT provides policy guidelines to NTC, but the IRR expressly states that CICT shall not exercise any power tending to influence or effect a review or modification of NTC’s quasi-judicial function.
Examples include: (1) formulating and implementing national ICT/e-internet policies and guidelines; (2) harmonizing and coordinating ICT and e-commerce policies with other agencies; (3) establishing comprehensive integrated ICT programs considering convergence and emerging tech; (4) overseeing identification/prioritization of e-government systems and administering the e-Government Fund; (5) administering/enforcing ICT laws, standards, rules, and protecting ICT-related intellectual property rights; (6) conducting systems audit including vulnerability assessments and security monitoring; (7) establishing rules for ICT facilities in underserved areas.
The e-Government Fund is a government fund set aside for e-government projects aligned with the e-Government agenda and direction of the CICT. The IRR states it is to be institutionalized and included in the annual national budget of government, and that CICT shall manage/administrate it and promulgate guidelines and selection criteria for review and approval of projects funded.
The Chairman has supervision and control over transferred agencies, subject to the Administrative Code. Powers include: acting directly for functions entrusted by law/regulation; directing performance of duty; restraining commission of acts; reviewing/approving/revising/modifying actions of regional/subordinate officials; setting priorities; prescribing standards/guidelines; establishing organizational structure and staffing pattern; overseeing orderly transfer of assets/personnel/projects; and other necessary acts not prohibited by law.
Delegation must be in writing, must indicate which officer or class of officers/employees receives the delegation, and must vest sufficient authority to enable the delegatee to discharge the assigned responsibilities.
The IRR lists, among others: advising the President on issuances under CICT jurisdiction; establishing policies/standards for operation pursuant to approved government programs; promulgating rules and regulations to carry out objectives/functions/plans/projects; promulgating administrative issuances (generally not prescribing penalties unless authorized by law); exercising disciplinary powers; appointing most CICT officers/employees (with appointments vested in President/other authority excluded); preparing budget estimates for CICT; and performing other functions provided by law/assigned by the President.
Each Commissioner is assigned specific focus areas determined and delegated by the Chairman, including those embodied in the ITECC strategic roadmap: (a) e-government, (b) information infrastructure, (c) business development, (d) human resources development, and (e) legal and regulatory environment—plus other necessary areas such as R&D and internal management.
Transferred agencies/units continue their current functions and perform additional responsibilities assigned by CICT. In the regions, subject to the Chairman’s review power, CICT offices implement laws/policies/plans/projects in their areas; provide service to people; coordinate ICT concerns with LGUs and regional offices of other agencies; TelOf regional offices perform current functions pending transition; and perform other delegated functions.
CICT may seek assistance/support of other agencies and the private sector for preparation and implementation of ICT initiatives. In policy formulation, it may solicit and take into account private sector views through the ITECC (or an advisory body formed after its abolition). Regional councils and RITECCs must coordinate their ICT plans/projects with CICT.
The transfer includes personnel, appropriations, funds, records, equipment, facilities, supplies, books of account, choses in action, rights, and all other assets.
All regular/permanent employees affected by EO 269 shall not suffer any loss of seniority in rank or decrease in emoluments.
Pending full organization, concerned DOTC offices and staff and other affected agencies continue performing their usual functions/duties/responsibilities and provide the support requirements to the CICT.
All liabilities incurred prior to the appointment of the CICT Chairman are the responsibility of the heads of the transferred agencies/units. However, the Chairman is not precluded from taking responsibility over programs/projects and contracts entered into prior to his appointment.