Title
Creation of Commission on ICT
Law
Executive Order No. 269
Decision Date
Jan 12, 2004
Gloria Macapagal-Arroyo establishes the Commission on Information and Communications Technology to serve as the primary entity for policy-making, coordination, and implementation of national ICT initiatives, aiming to enhance the Philippines' global competitiveness and promote efficient communication infrastructure.
executive order
national development
legal framework

Policy intent and constitutional basis

  • The order implements the constitutional policy that the State shall recognize the vital role of communication and information in nation-building under Section 24, Article II of the 1987 Constitution.
  • The order declares an institutional need to promote, develop, and advance information and communications technology (ICT) for continued economic growth, industry competitiveness, and national development.
  • The order directs that ICT development should be private sector-led, market-based, and government-enabled.
  • The order establishes a transitory measure to immediately create a national body with a more active role in streamlining, managing, coordination, and implementing ICT-related plans and policies.

ICT definition and guiding policies

  • The order defines “Information and Communications Technology (ICT)” as the totality of electronic means to collect, store, process and present information to end-users in support of their activities.
  • ICT includes computer systems, office systems and consumer electronics, and networked information infrastructure, including components such as the telephone system, the Internet, fax machines and computers.
  • The Commission must guide ICT policy with the following principles in Section 2:
    • Provide strategic, reliable and cost-efficient ICT infrastructure, systems, and resources for nation-building and global competitiveness.
    • Promote a policy and legal environment that creates a level playing field, partnerships between the public and private sectors, strategic alliances with foreign investors, balanced investments between high-growth and economically-depressed areas, and broader private sector participation.
    • Foster and accelerate convergence of ICT facilities, including development of networks.
    • Ensure universal access and high-speed connectivity at fair and reasonable cost.
    • Provide information and communication services in areas not adequately served by the private sector.
    • Foster widespread use and application of emerging ICT.
    • Establish a regulatory system ensuring consumer protection and welfare and fostering a healthy competitive environment.
    • Promote development of ICT expertise in human capital so Filipinos can compete in a fast-evolving information and communication age.
    • Ensure growth of the ICT industries.
    • Preserve the rights of individuals to privacy and confidentiality of their personal information.
    • Encourage use of ICT to support arts and culture, history, education, public health and safety, and other socio-civic purposes.

Creation, attachment, and composition

  • A new body called the Commission on Information and Communications Technology (the Commission) is created and is attached to the Office of the President under Section 1.
  • The Commission serves as the primary policy, planning, coordinating, implementing, regulating, and administrative entity of the executive branch of government for integrated and strategic ICT systems and reliable, cost-efficient communication facilities and services under Section 2.
  • The Commission is composed of the National Computer Center, Telecommunications Office (TELOF), and all other operating units currently existing in the Department of Transportation and Communications that directly support communications, including the Telecommunications Policy and Planning Office under Section 3.
  • The National Telecommunications Commission (NTC) and the Philippine Postal Corporation (PPC) are attached to the Commission under Section 3.
  • The Commission is headed by a Chairman with a Cabinet Rank under Section 3 and assisted by the Director-General of the National Computer Center (NCC) and the Chief of the Telecommunications Office (TELOF), who shall concurrently serve as Commissioners.
  • Two additional Commissioners may be added as provided in the Commission’s structure and staffing plan to be determined pursuant to Section 6.

Core powers and Commission mandate

  • The Commission formulates and recommends national policies and guidelines to promote ICT and wider use of the internet and other cyberspace infrastructures and exchanges of universal application, through consultation under Section 4(a).
  • The Commission initiates, harmonizes, and coordinates all ICT plans to ensure consistency with national objectives and goals under Section 4(b).
  • The Commission establishes and administers comprehensive and integrated ICT programs at national, regional, and local levels, taking account of convergence and emerging technologies under Section 4(c).
  • The Commission may call on any agency, corporation, or organization—public or private—whose ICT development programs are integral to participate and assist in preparing and implementing such programs under Section 4(c).
  • The Commission designs, implements, and ensures protection of an integrated government ICT infrastructure development program that coordinates existing plans, programs, proposals, software and hardware inventory, and installed systems and programs under Section 4(d).
  • The Commission provides an integrating framework and oversees identification and prioritization of all e-government systems and applications under the Government Information Systems Plan, and it manages and/or administers the e-Government Fund, which must be institutionalized and included in the proposed annual national budget under Section 4(e).
  • The Commission coordinates with concerned agencies and the generation of resources (governmental and non-governmental, local, national, and international as appropriate) for development, marketing, growth, and competitiveness of the Philippine ICT industry under Section 4(f).
  • The Commission develops and implements, in coordination with concerned government agencies, a comprehensive ICT application capability in the national government and determines personnel qualification and other standards for integrated and effective development and operation of government ICT infrastructure under Section 4(g).
  • The Commission encourages and establishes guidelines for private sector funding of ICT projects for government agencies to fast-track projects with reasonable cost-recovery mechanisms, including Build-Operate-Transfer (BOT) mechanisms under Section 4(h).
  • The Commission, in coordination with the Department of Science and Technology, provides strategic direction to government ICT research and development programs under Section 4(i).
  • The Commission establishes rules and regulations for operation and maintenance of ICT facilities in areas not adequately served by the private sector under Section 4(j).
  • The Commission establishes and prescribes rules and regulations for operation and maintenance of a nationwide postal system including mail processing, delivery services, and money order services under Section 4(k).
  • The Commission administers and enforces all laws, standards, rules, and regulations governing ICT, and in coordination with the Intellectual Property Office (IPO) ensures protection of ICT-related intellectual property rights under Section 4(l).
  • In coordination with concerned agencies, the Commission ensures consumer protection and welfare and protects rights of consumer and business users to privacy, security, and confidentiality under Section 4(m).
  • The Commission harmonizes, synchronizes, and coordinates with appropriate agencies all ICT and e-commerce policies, plans, and programs under Section 4(n).
  • The Commission assists the Department of Trade and Industry in carrying out functions related to promotion of trade and investment opportunities in ICT services under Section 4(o).
  • The Commission promotes strategic partnerships and alliances among local and international ICT firms and institutions, R&D, educational and training institutions, and technology providers, developers, and manufacturers to speed industry growth, in coordination with concerned agencies under Section 4(p).
  • The Commission, in coordination with concerned agencies, plans and/or implements activities to enhance competitiveness of Philippine workers, firms, and small to medium enterprises in the global ICT market under Section 4(q).
  • The Commission, in coordination with the Department of Education, formulates policies and initiatives on IT education and the development, promotion, and application of ICT in education under Section 4(r).
  • The Commission performs other powers and functions as prescribed by laws or necessary, incidental, or proper to its mandate, or as assigned by the President from time to time under Section 4(s).

Agency responsibilities and limits on NTC

  • The Chairman has direct supervision and control over the National Computer Center (NCC), Telecommunications Office (TELOF), and other operating units consolidated under the Office of the Chairman under Section 5.
  • The NCC coordinates e-government initiatives and implementation of government IT plans for better, more efficient, and more transparent service under Section 5(a).
  • The TELOF supports development of an information infrastructure consistent with the strategy and direction set by ITECC under Section 5(b).
  • Other DOTC operating units that directly support communications, including the Telecommunications Policy and Planning Office, are consolidated under the Office of the Chairman under Section 5(c).
  • The Commission aligns its structure with the strategic directions established by ITECC, specifically on e-government, information infrastructure, legal and regulatory environment, human resource and business development under Section 5.
  • The Commission is supported by and coordinates with NTC and PPC as appropriate and consistent with the order under Section 5.
  • The NTC shall not exercise any power that tends to influence or effect a review or modification of the NTC’s quasi-judicial functions under Section 5.

Structure, staffing, evaluation, and rules

  • The Commission must submit for approval to the Office of the President its organizational structure and staffing pattern within sixty (60) days from issuance under Section 6.
  • The Chairman must formulate and enforce a system to measure and evaluate periodically and objectively the Commission’s performance and must submit it annually to the President under Section 7.
  • The Chairman must promulgate and issue implementing rules, regulations, and other issuances within 60 days from the approval of the Executive Order under Section 8.

Funding, transitory transfer, and employee protections

  • Funding for the Commission’s necessary operational expenses is provided, subject to existing accounting and auditing laws and procedures under Section 9.
  • The NCC, TELOF, and other DOTC units directly supporting communications are transferred to the Commission to ensure coordinated ICT implementation under Section 10(a).
  • Regular or permanent employees affected by the Executive Order must not suffer any loss of seniority or rank or decrease in emoluments under Section 10(b).

Repeal and effectivity

  • All presidential acts, letters of instruction, executive orders, rules and regulations, or parts thereof, inconsistent with the Executive Order are repealed, amended, or modified accordingly under Section 11.
  • The Executive Order takes effect immediately under Section 12.

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