Policy and governing intent
- Section 2 declares the State policy to recognize the vital role of information and communication in nation-building.
- Section 2 requires the provision of strategic, reliable, cost-efficient and citizen-centric ICT infrastructure, systems, and resources for good governance and global competitiveness.
- Section 2 mandates universal access to quality, affordable, reliable and secure ICT services.
- Section 2 promotes emerging ICT development and the convergence of ICT and ICT-enabled facilities.
- Section 2 ensures ICT availability and accessibility in areas not adequately served by the private sector.
- Section 2 fosters an ICT sector policy environment promoting broad market-led development, a level playing field, public-private partnership, strategic alliances with foreign investors, and balanced investments between high-growth and economically-depressed areas.
- Section 2 promotes development of local ICT content, applications, and services, including support for ICT-based start-up enterprises through strategic partnerships.
- Section 2 promotes ICT use for enhancing key public services (education, public health and safety, revenue generation, socio-civic purposes), arts and culture, tourism, and national identity.
- Section 2 requires promotion of digital literacy, ICT expertise, and knowledge-building to enable citizen participation and competition in an evolving ICT age.
- Section 2 directs empowerment of disadvantaged segments (the elderly, persons with disabilities, indigenous and minority groups) through ICT.
- Section 2 recognizes individual rights to privacy and confidentiality of personal information.
- Section 2 mandates security of critical ICT infrastructures, including information assets of government, individuals, and businesses.
- Section 2 provides oversight over agencies governing and regulating the ICT sector and ensures consumer protection and welfare, data privacy and security, competition, and ICT sector growth.
Core definitions established
- “Information and Communications Technology or ICT” means the totality of electronic means to access, create, collect, store, process, receive, transmit, present and disseminate information (Section 3(a)).
- “Convergence” means the interface among various telephony, radio, video, broadcasting and multimedia infrastructure, devices and services enabling users/subscribers to communicate with one another (Section 3(b)).
- “Electronic Government or E-Government” means use of ICT by government and the public to enhance access to and delivery of government services to bring about efficient, responsive, ethical, accountable and transparent government service (Section 3(c)).
- “ICT Sector” includes those providing goods and services primarily intended to fulfill or enable information processing and communication by electronic means; it includes telecommunications and broadcast information operators, ICT equipment manufacturers, multimedia content developers and providers, ICT solution providers, internet service providers, ICT training institutions, software developers, and ICT-ES providers (Section 3(d)).
- “ICT-Enabled Services or ICT-ES Sector” includes those providing services requiring intrinsic use of ICT, including engineering/architectural design, informatics service providers, offshoring and outsourcing providers such as call centers, back office processing, software development, medical or legal transcription, animation, game development, and other services requiring intrinsic use of a networked information infrastructure (Section 3(e)).
- “Chief Information Officer or CIO” means a senior officer in all NGAs (including constitutional offices, SUCs, GOCCs, and GFIs) responsible for development and management of the agency’s ICT systems and applications (Section 3(f)).
DICT creation and mandate
- The Department of Information and Communications Technology is created as the Department (Section 4).
- DICT is the primary policy, planning, coordinating, implementing, and administrative entity of the Executive Branch for planning, developing, and promoting the national ICT development agenda (Section 5).
DICT powers and functions
- Policy and Planning
- DICT formulates, recommends, and implements national policies, plans, programs, and guidelines to promote ICT development and use, considering convergence and emerging technologies (Section 6(I)(a)).
- DICT formulates policies and initiatives (in coordination with Department of Education (DepED), Commission on Higher Education (CHED), and TESDA) to develop and promote ICT in education consistent with national goals and objectives and responsive to human resource needs of the ICT and ICT-ES sectors (Section 6(I)(b)).
- DICT provides an integrated framework to optimize government ICT resources and networks for identification and prioritization of E-Government systems and applications under the E-Government Masterplan and the Philippine Development Plan (PDP) (Section 6(I)(c)).
- Improved Public Access
- DICT prescribes rules and regulations for establishment, operation, and maintenance of ICT infrastructures in unserved and underserved areas, in consultation with LGUs, CSOs, private sector, and the academe (Section 6(II)(d)).
- DICT establishes a free internet service accessible in government offices and public areas using the most cost-effective telecommunications technology through partnership with private service providers as necessary (Section 6(II)(e)).
- Resource-Sharing and Capacity-Building
- DICT harmonizes and coordinates national ICT plans and initiatives to ensure knowledge, information and resource-sharing, database-building, and agency networking linkages among government agencies consistent with E-Government objectives and national objectives (Section 6(III)(f)).
- DICT ensures development and protection of integrated government ICT infrastructures and designs, considering inventories of manpower, plans, programs, software, hardware, and installed systems (Section 6(III)(g)).
- DICT assists and provides technical expertise to government agencies in developing guidelines for enforcement and administration of ICT laws, standards, rules, and regulations (Section 6(III)(h)).
- DICT assesses, reviews, and supports government ICT research and development programs in coordination with DOST and other concerned institutions (Section 6(III)(i)).
- DICT prescribes personnel qualifications and other qualification standards essential to effective development and operation of government ICT infrastructures and systems (Section 6(III)(j)).
- DICT develops programs enhancing career advancement opportunities of ICT workers in government (Section 6(III)(k)).
- DICT assists dissemination of vital information essential to disaster risk reduction through ICT (Section 6(III)(l)).
- DICT represents and negotiates Philippine interest on ICT matters in international bodies, in coordination with Department of Foreign Affairs (DFA) and other institutions (Section 6(III)(m)).
- Consumer Protection and Industry Development
- DICT ensures and protects consumer and business user rights and welfare to privacy, security, and confidentiality in ICT matters, in coordination with concerned agencies, private sector, and relevant international bodies (Section 6(IV)(n)).
- DICT supports promotion of trade and investment opportunities in ICT and ICT-ES sectors in coordination with DTI and other relevant government agencies and the private sector (Section 6(IV)(o)).
- DICT establishes guidelines for public-private partnerships in implementing ICT projects of government agencies (Section 6(IV)(p)).
- DICT promotes strategic partnerships and alliances among local and international ICT, R&D, educational, and training institutions to speed industry growth and enhance competitiveness of Philippine workers, firms, and SMEs in global ICT and ICT-ES markets (Section 6(IV)(q)).
Department organization and leadership
- DICT is headed by a Secretary (Section 7).
- The Department proper consists of the Office of the Secretary and the Offices of the Undersecretaries and Assistant Secretaries (Section 7).
Secretary: appointment and functions
- The Secretary of Information and Communications Technology is appointed by the President subject to confirmation by the Commission on Appointments (Section 8).
- The Secretary provides executive direction and supervision over the entire operations of the Department and its attached agencies (Section 8(a)).
- The Secretary establishes policies and standards for effective, efficient, and economical operation of the Department in accordance with government programs (Section 8(b)).
- The Secretary reviews and approves requests for financial and manpower resources of all operating offices of the Department (Section 8(c)).
- The Secretary designates and appoints officers and employees of the Department (excluding the undersecretaries, assistant secretaries, and regional and assistant regional directors) in accordance with civil service laws, rules, and regulations (Section 8(d)).
- The Secretary exercises disciplinary powers over officers and employees of the Department, including investigating and designating a committee or officer to conduct the investigation, in accordance with law (Section 8(e)).
- The Secretary coordinates with LGUs and other agencies and with public and private interest groups, including NGOs and POs, on Department policies and initiatives (Section 8(f)).
- The Secretary prepares and submits to the President through DBM an estimate of necessary expenditures of the Department during the next fiscal year based on reports and estimates submitted by bureaus and offices (Section 8(g)).
- The Secretary serves as a member of the Government Procurement Policy Board (GPPB) established by Republic Act No. 9184 (Section 8(h)).
- The Secretary advises the President on executive and administrative orders and on formulation of regulatory and legislative proposals pertaining to ICT development (Section 8(i)).
- The Secretary formulates rules and regulations and exercises other powers required to implement the objectives of the Act (Section 8(j)).
- The Secretary performs other tasks provided by law or assigned by the President (Section 8(k)).
Undersecretaries and assistant secretaries
- The Secretary is assisted by three (3) Undersecretaries appointed by the President upon recommendation of the Secretary (Section 9).
- Two (2) of the undersecretaries are career officers (Section 9).
- The Secretary is assisted by four (4) Assistant Secretaries appointed by the President upon recommendation of the Secretary (Section 10).
- Two (2) assistant secretaries are career officers (Section 10).
- At least one (1) assistant secretary is a licensed Professional Electronics Engineer (PECE), or a suitably qualified person under CSC rules and regulations (Section 10).
Qualifications for DICT top officers
- No person may be appointed Secretary, Undersecretary, or Assistant Secretary unless the person is a citizen and resident of the Philippines, of good moral character, with proven integrity, and with at least seven (7) years of competence and expertise in any of: ICT, information technology service management, information security management, cybersecurity, data privacy, e-Commerce, or human capital development in the ICT sector (Section 11).
Regional offices and ICT coordination
- DICT may establish, operate, and maintain regional offices in administrative regions as need arises (Section 12).
- Each regional office is headed by a Regional Director, with possible assistance from one (1) Assistant Regional Director (Section 12).
- Regional Director and Assistant Regional Director are appointed by the President (Section 12).
- Regional offices implement laws, policies, plans, programs, projects, rules, and regulations of the Department (Section 12(a)).
- Regional offices provide efficient and effective service to the people (Section 12(b)).
- Regional offices coordinate with regional offices of other departments and agencies (Section 12(c)).
- Regional offices coordinate with LGUs (Section 12(d)).
- Regional offices perform other functions provided by law or assigned by the Secretary (Section 12(e)).
- DICT facilitates creation of a CIO Council composed of CIOs, with the Secretary as Chairman, to assist implementation of government ICT initiatives (Section 13).
- DICT may create sectoral and industry task forces, technical working groups, advisory bodies, or committees to further its objectives, and may appoint additional private sector representatives (from academe, CSOs, and federations of private industries directly involved in ICT), representatives of other NGAs and LGUs, GOCC representatives, and may tap government IT professionals through working groups (Section 14).
Reorganization: transfer and attachment rules
- The following agencies are abolished, and their powers/functions, applicable funds and appropriations, records, equipment, property, and personnel are transferred to DICT (Section 15(a)):
- Information and Communications Technology Office (ICTO)
- National Computer Center (NCC)
- National Computer Institute (NCI)
- Telecommunications Office (TELOF)
- National Telecommunications Training Institute (NTTT)
- All operating units of the Department of Transportation and Communications (DOTC) with functions and responsibilities dealing with communications
- Units not covered by the Act for transfer remain under DOTC, which is renamed the Department of Transportation (Section 15(a)).
- The following agencies are attached to DICT for policy and program coordination and continue to operate and function according to their charters/laws/orders insofar as not inconsistent with the Act (Section 15(b)):
- National Telecommunications Commission
- National Privacy Commission
- Cybercrime Investigation and Coordination Center (CICC)
- Powers and functions related to cybersecurity are transferred to DICT, including formulation of the National Cybersecurity Plan, establishment of the National Computer Emergency Response Team (CERT), and facilitation of international cooperation on intelligence regarding cybersecurity matters (Section 15(b)(1)).
- The CICC is chaired by the DICT Secretary (Section 15(b)(ii)).
- Reorganization of the Department follows the government reorganization laws under Republic Act No. 6656 (Reorganization Law) (Section 15(c)).
Staffing separation, retirement, and transition
- Employees separated within six (6) months from the Act’s effectivity due to consolidation and/or reorganization receive separation benefits under Executive Order No. 366, s. 2004 (Section 16).
- Employees qualified to retire under existing retirement laws are allowed to retire and receive retirement benefits under applicable laws and issuances (Section 16).
- Subject to DBM approval, DICT determines its organizational structure, creates new divisions or units as necessary, and appoints officers and employees in accordance with civil service rules (Section 17).
- Qualified employees of DICT and its attached agencies are covered by Republic Act No. 3439 (Magna Carta for scientists, engineers, researchers, and other science and technology personnel in government) (Section 18).
- DICT must complete transfer of functions, assets, funds, equipment, properties, transactions, and personnel of affected agencies, and formulate its internal organic structure, staffing pattern, operating system, and revised budget within six (6) months from effectivity (Section 19).
- During the six (6) months transition, existing personnel continue to assume posts in holdover capacities until new appointments are issued (Section 19).
- After abolition of agencies under Section 15(a), DICT in coordination with DBM determines and creates new positions funded at a cost not exceeding the equivalent cost of positions abolished (Section 19).
Funds, IRR, and implementing timelines
- Initial implementation funding is taken from the current fiscal year’s appropriation of ICTO and the appropriations of all agencies absorbed or attached to DICT (Section 20).
- After initial implementation, the Department’s operation and maintenance funding is included in the General Appropriations Act (Section 20).
- The DICT (ICTC), DBM, CSC, and other concerned government agencies must issue necessary rules and regulations within sixty (60) days from effectivity (Section 21).
Separability, repeal, and effectivity rules
- If any provision of the Act is declared unconstitutional or invalid, the remaining provisions remain in full force and effect (Section 22).
- All inconsistent laws, decrees, executive orders, rules and regulations, and other issuances or parts thereof are repealed, amended, or modified accordingly (Section 23).
- The Act takes effect fifteen (15) days after publication in at least two (2) newspapers of general circulation (Section 24).