Implementing Rules for EO No. 269 Creating CICT

Policy framework and guiding objectives

The CICT must promote macroeconomic and sector-specific policies that adhere to the principles of competition, standardization, liberalization, and empowerment, including data protection, information and infrastructure security, and other constitutional principles fostering an e-enabled information society.
The CICT must ensure strategic, universal, high-speed, reliable, cost-efficient, and equitable access to ICT infrastructure, systems, services, and resources for nation-building, global competitiveness, and transparency and public accountability in governance.
The CICT must ensure a transparent and non-discriminatory policy and legal environment to promote e-commerce activities, create a level playing field, encourage partnerships between public and private sectors, support small and medium ICT enterprises, develop strategic alliances with foreign investors, balance investments between high-growth and economically-depressed areas, and broaden private sector participation in ICT development.
The CICT must foster and accelerate the convergence of ICT resources and services, including shared ICT networks.
The CICT must establish a strong and effective regulatory system that fosters competition, protects intellectual property rights, and protects consumer welfare.
The CICT must preserve the rights of individuals and business users to privacy, security, and confidentiality of personal information.
The CICT must promote development of ICT expertise in the country’s human capital to enable Filipinos to compete in a fast-evolving information and communications age.
The CICT must ensure growth and global competitiveness of the ICT industries through timely awareness of global developments, in coordination with the Department of Trade and Industry (DTI).
The CICT must encourage use of ICT to support arts and culture, history, education, public health and safety, and other socio-civic purposes.
The CICT must sustain development of a modern nationwide postal system as an integral component of ICT-enabled public services.
The CICT must ensure universal access and high-speed connectivity at fair and reasonable cost, including universal access to information and communications services in areas not adequately served by the private sector.
The CICT must foster widespread use and application of emerging ICT.
The CICT must establish and maintain an integrated information database on the ICT sector to provide timely facts and data for policy planning and implementation and direct support to the private sector and government agencies.
The CICT must develop supporting policies that enhance access to capital and other supporting financial infrastructure for the ICT sector.

Definitions for implementation

“Executive Order” refers to Executive Order No. 269 s. 2004, titled “Creating the Commission on Information and Communications Technology.”
“Rules” refers to these Implementing Rules and Regulations.
“CICT” refers to the Commission on Information and Communications Technology.
“Commission” refers to the Chairman and Commissioners of the CICT.
“Information and Communications Technology (ICT)” refers to the totality of electronic means to collect, store, process and present information to end-users in support of their activities, consisting among others of computer systems, office systems and consumer electronics, and networked information infrastructure including telephone system, Internet, fax machines, and computers.
“ICT Industries” refers to ICT producers, distributors and service providers, including those engaged in manufacturing, wholesale trade, telecommunications, and other computer-related business activities.
“E-government Fund” refers to a fund set aside by the government for e-government projects consonant with the e-Government agenda and the CICT direction.
“Universal Access” refers to permitting access to a defined minimum service of specified quality to all users everywhere at an affordable price.
“Convergence” refers to technologies moving together toward a common point and elimination of differences between provisioning of video, voice and data using digital and other emerging technologies; the coming together of disciplines or technologies; the ability of different network platforms to carry any kind of service; and the coming together of consumer devices such as telephone, television and personal computer.

Commission structure and membership

The CICT is headed by a Chairman with Cabinet Rank (Section 1.1).
The Chairman is assisted by the Director-General of the National Computer Center (NCC) and the Chief of the DOTC Telecommunications Office (TELOF), who concurrently serve as CICT Commissioners, plus two (2) additional Commissioners (Section 1.2).
Commissioners are appointed by the President upon recommendation by the Chairman (Section 1.2).
Transferred agencies include the NCC, DOTC TELOF, and all other operating units in the Department of Transportation and Communications (DOTC) directly supporting communications, which form the CICT (Section 1.3).
The Telecommunications Policy and Planning Office of the DOTC is consolidated under the Office of the Chairman (Section 1.3).
The National Telecommunications Commission (NTC) and the Philippine Postal Corporation (PPC) are attached agencies to the CICT (Section 1.4).

Powers and functions of the CICT

The CICT is the primary policy, planning, coordinating, implementing, regulating, and administering entity for ICT of the Executive Branch (Section 2).
The CICT formulates and implements national policies and guidelines promoting ICT and wider use of the internet and other cyberspace infrastructures and exchanges of universal application, in consultation with the business sector, civil society organizations, and other private and public entities such as educational and training institutions (Section 2.1).
The CICT harmonizes, synchronizes, and coordinates with appropriate agencies all ICT and e-commerce policies, plans and programs consistent with national policies and goals (Section 2.2).
The CICT establishes, administers, and implements comprehensive and integrated ICT programs with due consideration to advances in convergence and other emerging technologies, and may call on any agency, corporation or organization (public or private) whose ICT development programs are integral to participate and assist in preparation and implementation (Section 2.3).
The CICT designs, implements, and ensures protection of an integrated and coordinated government information and communications infrastructure development program, considering existing plans, programs, proposals, software and hardware inventory, and installed systems and programs of government agencies (Section 2.4).
The CICT provides an integrating framework for identifying and prioritizing e-government systems and applications under the Government Information Systems Plan, and manages and/or administers the e-Government Fund which is institutionalized and included in the proposed annual national budget (Section 2.5).
The CICT promulgates guidelines and selection criteria for review and approval of projects funded under the e-Government Fund (Section 2.5).
The CICT coordinates to generate governmental and non-governmental local, national, and international resources for development, marketing, growth and competitiveness of the Philippine ICT industry (Section 2.6).
The CICT develops and implements, in coordination with concerned government agencies, comprehensive ICT application capability in government and determines personnel qualifications and other standards essential to the integrated and effective development and operation of a government information and communications infrastructure, pursuant to Civil Service Commission rules and regulations (Section 2.7).
The CICT encourages and establishes guidelines for private sector funding of ICT projects of government agencies to fast-track projects with reasonable cost-recovery mechanisms, including Build-Operate-Transfer (BOT) mechanisms (Section 2.8).
The CICT coordinates with DOST and other concerned public and private entities for formulation of strategic directions in government ICT research and development programs (Section 2.9).
The CICT establishes and prescribes rules and regulations for establishment, operation and maintenance of ICT facilities in areas not adequately served by the private sector, in consultation with business, civil society, and other private and public entities such as educational and training institutions (Section 2.10).
In coordination with the Philippine Postal Corporation (PPC), the CICT establishes and prescribes rules and regulations for operation and maintenance of a nationwide postal system including mail processing, delivery services, and money order services (Section 2.11).
The CICT administers and enforces all laws, standards, rules, and regulations governing ICT and ensures protection of ICT-related intellectual property rights in coordination with the Intellectual Property Office (IPO) and law enforcement agencies (Section 2.12).
In coordination with concerned agencies, the CICT ensures consumer protection and welfare and protects rights of consumer and business users to privacy, security and confidentiality; it conducts systems audit activities including vulnerability assessments and security monitoring of government and business ICT infrastructures in government and public service enterprises; it coordinates with law enforcement agencies to ensure security and confidentiality of information, information systems and networks (Section 2.13).
The CICT assists the DTI in carrying out functions related to promotion of trade and investment opportunities in ICT services and ICT-enabled services (Section 2.14).
The CICT promotes strategic partnerships and alliances among and between local and international ICT firms and institutions, R&D, educational and training institutions, and technology providers, developers and manufacturers to speed industry growth (Section 2.15).
The CICT plans and/or implements activities to enhance competitiveness of Philippine workers, firms, and small and medium enterprises in the global ICT market, in coordination with concerned agencies (Section 2.16).
The CICT harmonizes, reconciles, and ensures ICT plans and programs of government agencies and their implementation are consistent with national ICT objectives and goals (Section 2.17).
In coordination with the Department of Education, the CICT formulates policies and initiatives regarding IT education and promotion and application of ICT in education, and coordinates with CHED, TESDA, and other agencies to effect improvements in ICT education in tertiary and technical-vocational schools (Section 2.18).
In coordination with the National Telecommunications Commission, the CICT is responsible for implementation of Section 6(a) to (d) of Republic Act 7925 in accordance with the policies enunciated in that Act (Section 2.19).
In coordination with relevant agencies, the CICT performs other functions provided in laws enacted relating to communications and is responsible for implementation of such laws as appropriate (Section 2.20).
The CICT establishes multi-stakeholders committees, work groups and/or task forces to afford participation of the private sector and the academe in effective implementation of Executive Order 269 s. 2004 when appropriate (Section 2.21).
The CICT represents and/or coordinates with appropriate government agencies for proper representation in international ICT meetings and, when appropriate, authorizes other qualified persons to represent the country (Section 2.22).
The CICT reorganizes transferred agencies and initiates promotions and transfers of personnel from one region/unit to another (Section 2.23).
The CICT performs other powers and functions as may be prescribed by law or necessary, incidental or proper to its mandate or as assigned from time to time by the President (Section 2.24).

Chairman and commissioners’ operational controls

The Chairman has supervision and control over the mandate, powers, and functions of the CICT, including supervision and control over bureaus, regional offices, coordinating units, and agencies/offices under him subject to the Administrative Code (Section 3.1.1).
The Chairman exercises supervision and control over transferred agencies as an official with cabinet rank, subject to the Administrative Code, including authority to:
- act directly when a specific function is entrusted to a subordinate;
- direct performance of duty;
- restrain commission of acts;
- review, approve, revise or modify acts and decisions of regional and other subordinate officials;
- determine priorities in execution of plans and programs;
- prescribe standards, guidelines, plans and programs for ICT;
- establish organizational structure and staffing pattern of the CICT and submit for approval of the President;
- oversee orderly transfer of assets, personnel and projects to prevent impairment of valid contracts and ensure effective implementation of Executive Order 269; and
- perform other necessary acts not prohibited by law (Section 3.1.2).
The Chairman sets policy directions and strategies for attached agencies’ activities and monitors their plans and projects (Section 3.1.3).
The NTC receives policy guidelines from the Commission, and the Commission must not exercise any power that tends to influence or effect a review or modification of the NTC’s quasi-judicial function (Section 3.1.3).
The Commission must not exercise power in violation of the charter of the Philippine Postal Corporation (Section 3.1.3).
The Chairman delegates authority to CICT officials only through written delegation, indicating the officer or class of officers/employees, and delegations must vest sufficient authority to discharge assigned responsibility (Section 3.1.4).
The Chairman advises the President on executive issuances vested by law in the President relative to matters under CICT jurisdiction, establishes policies and standards for operation pursuant to approved programs, and promulgates necessary rules and regulations to carry out CICT objectives (Section 3.2.1–3.2.3).
The Chairman promulgates administrative issuances necessary for efficient administration and proper execution of laws relative thereto, and such issuances must not prescribe penalties for violation except when expressly authorized by law (Section 3.2.4).
The Chairman exercises disciplinary powers over CICT officers and employees in accordance with law, including investigation and designation of a committee or officer to conduct investigation (Section 3.2.5).
The Chairman appoints all CICT officers and employees except those whose appointments are vested in the President or another appointing authority, and in a regionalized department-wide arrangement, the Chairman appoints employees to positions in the second level in regional offices as defined in the Administrative Code (Section 3.2.6).
The Chairman exercises jurisdiction over offices and agencies under the CICT as provided by law consistent with the Administrative Code relationships in Book IV, Chapters 7, 8, and 9 (Section 3.2.7).
The Chairman formulates and enforces a system for periodically and objectively measuring and evaluating CICT performance and submits it annually to the President (Section 3.2.8).
The Chairman prepares and submits to the President through the Department of Budget and Management an estimate of CICT expenditures for the next fiscal year and succeeding years based on office reports and estimates (Section 3.2.9).
The Chairman is responsible for offices placed directly under the Office of the Chairman as determined by the Commission (Section 3.2.10).
The Chairman performs other functions provided by law or assigned by the President (Section 3.2.11).
Each Commissioner is assigned specific focus areas consisting of functional units 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 areas necessary such as research and development and internal management (Section 4.1).
Each Commissioner advises and assists the Chairman, coordinates operational activities of the focus area(s), guides government and private investments for practical and orderly ICT development, coordinates programs/projects for economical, efficient and effective administration, and performs other delegated functions (Section 4.2.1–4.2.5).

Transfer, continuity, records, and assets

The transfer to the CICT of transferred agencies/units includes their personnel, appropriations, funds, records, equipment, facilities, supplies, books of account, choses in action, rights, and all other assets (Chapter IV, Section 1).
Existing programs and projects of transferred agencies/units are transferred to the CICT, and the Chairman oversees orderly transfer to prevent impairment of valid contracts and ensure effective implementation of Executive Order 269 (Chapter IV, Section 2).
Regular or permanent employees affected by Executive Order 269 s. 2004 retain seniority in rank and do not suffer decrease in emoluments (Chapter IV, Section 3).

Transitory implementation measures

Pending full organization of the CICT, concerned DOTC offices and staff and all other affected agencies continue their usual functions, duties and responsibilities and provide support requirements to the CICT (Chapter V, Section 1.1).
The CICT, DOTC, and DOST set guidelines for the effective transfer of agencies/units under their supervision and control to the CICT (Chapter V, Section 1.2).
The CICT with the heads of transferred agencies/units discusses and sets guidelines for effective transfer of personnel, appropriations, funds, records, equipment, facilities, supplies, books of account, choses in action, rights, and all other assets (Chapter V, Section 1.2).
The CICT establishes a rationalized organizational structure and staffing pattern considering reengineered functions of the transferred agencies (Chapter V, Section 1.3).
The heads of transferred agencies/units inventory all documents, assets, and liabilities for which they are responsible before formally turning them over to the CICT (Chapter V, Section 1.4).
Liabilities incurred prior to appointment of the CICT Chairman are the responsibility of the heads of transferred agencies/units, while the Chairman is not precluded from taking responsibility over programs and projects and contracts entered into prior to his appointment (Chapter V, Section 1.4).
The Department of Budget and Management assists in facilitating financial resource requirements of the CICT to carry out these Rules (Chapter V, Section 1.5).

Separability and general effect

If any part or provision of the IRR is declared unconstitutional or invalid, the remaining provisions continue in full force and effect (Chapter V, Section 2).
The IRR takes effect immediately (Chapter V, Section 3).