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House OKs bill creating dep’t of ICT

MANILA, Philippines – The House of Representatives has approved on second reading a bill creating the Department of Information and Communications Technology (DICT) that shall be the primary government entity to plan, promote and help develop the ICT sector.

House Bill 4667 or the proposed “Department of Information and Communications Technology Act of 2011” aims to integrate the management of the ICT functions of the government, which is currently handled by the Department of Transportation and Communications (DOTC), to ensure reliable and cost efficient communications facilities and other multi-media infrastructure and services in the country.

The bill was endorsed for plenary approval by the House committees on government reorganization chaired by Zamboanga del Norte Rep. Cesar Jalosjos; information and communications technology chaired by Taguig City Rep. Sigfrido Tinga; and on appropriations chaired by Cavite Rep. Joseph Emilio Abaya.

It consolidated similar ICT measures filed by Reps. Roilo Golez (Parañaque City), Luis Villafuerte (Camarines Sur), Juan Edgardo Angara (Aurora), Winnie Castelo (Quezon City), Marcelino Teodoro (Marikina City), and Ben Evardone (Eastern Samar).

Evardone and Castelo in separate interviews said ICT functions has been effectively taken away from the DOTC since the National Telecommunications Commission (NTC) is now under the Office of the President, while the Commission on Information and Communications Technology (CICT) is under the Department of Science and Technology.

The measure cites the policy of the State to promote the utilization of ICT as “a vital tool for nation-building and economic growth that is government-enabled, private sector-led, citizen-centric and market based.”

The government shall prioritize the effective coordination and implementation of its national and local ICT and ICT-enabled services, programs, projects and other related initiatives and revitalize all relevant governmental institutions to achieve a streamlined and efficient structure that is responsive and attuned to national goals and objectives, according to the bill.

The department shall be headed by a secretary to be appointed by the President, subject to the confirmation of the Commission on Appointments. The President shall also appoint four undersecretaries and four assistant secretaries.

The bill also provides for the creation of a Council of Chief of Information Officers composed of 11 members with fixed terms in office, with the secretary of the DICT as chair. The council shall serve as coordinating body to assist the secretary in establishing policies, standards, rules and guidelines for the provision and other ICT e-governance initiatives.

The DICT’s powers and functions shall include, among others: formulate, recommend, and implement national policies and guidelines in the ICT sector that will promote wider use and development of ICT and its applications, such as e-commerce, in coordination with the Department of Trade and Industry; represent and negotiate for Philippine interests on matters pertaining to ICT in international bodies; design, implement, and ensure the protection of an integrated government information and communications infrastructure development program that will coordinate all relevant government entities, taking into consideration the inventory of existing and projected manpower, plans, programs, proposals, software and hardware, and the installed systems and programs; and administer and enforce all laws, standards, rules and regulations governing ICT.

There shall be an e-government fund to be appropriated annually under the General Appropriations Act, to be administered by the DICT, specifically to fund cross-agency government ICT projects which shall be used to support and co-finance projects that enable the government to expand its ability to conduct activities electronically and provide frontline services through the development and implementation of innovative uses of the Internet or other emerging technologies. The fund shall not be used to cover personal services expenditures.

On the transfer of agencies and personnel, the bill provides that the following agencies shall hereby be abolished, and their powers and functions, applicable funds and appropriations, records, equipment, property, and personnel transferred to the DICT: All operating units currently existing in the Commission on Information and Communications Technology (CICT); National Computer Center (NCC); and Telecommunications Office (TELOF).

All offices, services, divisions, units and personnel not otherwise covered by the measure for transfer or absorption into the new DICT shall continue to perform their transportation-related functions and therefore, shall be retained under the DOTC, which shall hereby be renamed the Department of Transportation.

The NTC and the Philippine Postal Corporation shall hereby be attached to the DICT for policy and program coordination, and shall continue to operate and function in accordance with the charters, laws or orders creating them, insofar as they are not inconsistent with the bill.

The DICT shall not exercise any power which will have the effect of modifying the exercise by the NTC of its quasi-judicial function.

The laws and rules on government reorganization as provided for in Republic Act 6656, otherwise known as the Reorganization Law, shall be transferred to the DICT, the bill stated.

The exclusive power and authority to regulate the postal delivery services industry, as provided for under P.D. 240 and Republic Act 7354, shall be transferred to the DICT.

The DICT shall determine its organizational structure and create new divisions or units as it may deem necessary, subject to the approval of the Department of Budget and Management, and shall appoint officers and employees of the department in accordance with the Civil Service Law, rules and regulations.

Employees of the DICT shall be covered by Republic Act No. 8439, which provides for a magna carta for scientists, engineers, researchers and other science and technology personnel in the government.

Those employees separated from the service as a result of the reorganization shall, within 90 days therefrom, receive the retirement benefits to which they may be entitled to under existing laws, rules and regulations.

Incumbents whose positions are not included in the new position structure and staffing pattern of the DICT, or who are not re-appointed, shall be deemed separated from the service, whether permanent, temporary, contractual or casual employees, and shall, within 90 days therefrom, receive the retirement benefits to which they may be entitled to under existing laws, rules and regulations.

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By: Paolo Romero
Source: The Philippine Star, October 28, 2011
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