EXECUTIVE ORDER NO. 341
EXECUTIVE ORDER NO. 341 - CREATING
THE PRESIDENTIAL FACT-FINDING COMMISSION ON GOVERNMENT INFORMATION
TECHNOLOGY PROJECTS
WHEREAS, the investigation of the
TOPWEB (The Office of the President Web) controversy has been concluded
with the submission of the Investigation Committee’s final report;
WHEREAS, notwithstanding the conclusion of the TOPWEB investigation,
the information technology (IT) industry has been clamoring for a wider
and deeper probe into the integrity of other government IT projects;
WHEREAS, there has arisen a clear need not only to respond to such
clamor but also to conduct a survey of the government IT landscape with
a view to the formulation of policies and guidelines that will govern
future projects;
WHEREAS, the government has become the country’s biggest customer of
computer systems, supplies and services.
NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the
Philippines, by virtue of the powers vested in me by law, do hereby
order:
Section 1. The Presidential Commission. — There is
hereby created a Presidential Fact Finding Commission on Government
Information Technology Projects, hereinafter referred to as the
Commission. The Commission shall immediately begin its work after its
constitution and shall accomplish its objectives within three (3)
months, after which, unless extended by the President, it shall be
dissolved.
Sec. 2. Composition. — The Commission whose
members shall be appointed by the President shall be composed of a
Chairman and four (4) members two of whom shall come from the IT
private sector.
Sec. 3. Functions. — The Commission shall have the
following objectives:
3.1.
Review and, if necessary, investigate the bidding rules, procedures,
conduct and other circumstances of large-scale government IT projects;
“large-scale” for this purpose refers to projects costing at least One
Million Pesos (P1,000,000) and shall cover, but not be limited to,
those of the Department of Foreign Affairs (DFA), National Police
Commission (NAPOLCOM), Bangko Sentral ng Pilipinas (BSP), Land
Transportation Office (LTO), Government Service Insurance System (GSIS)
and the Technical Education and Skills Development Authority (TESDA);
3.2. Determine
if any irregularities have been committed in any of these and identify
instances calling for the filing of administrative, civil and criminal
charges against government personnel and private individuals, as the
case may be;
3.3. Formulate
policies and guidelines to cover future government IT projects;
3.4. Draw up
recommendations, including proposed legislation if necessary, for the
improvement of existing regulations governing public IT projects, and
3.5. Submit
monthly periodic reports and one final comprehensive report to the
President.
Sec. 4. Powers and Functions. — The Commission, in
the attainment of its objectives and in the discharge of its functions,
is hereby empowered to:
4.1.
Call on any department, instrumentality or agency of the government for
assistance and cooperation;
4.2. In
accordance with existing laws, regulations and procedures, issue
compulsory processes to private individuals, groups or organizations as
well as government officials;
4.3. Through
appropriate diplomatic channels and with due regard to diplomatic
considerations, request for the cooperation of foreign governments; and
4.4.
Promulgate its internal rules and procedures to govern its mandate.
Sec. 5. Secretariat. — The Commission shall be
assisted by a Secretariat which shall provide administrative and office
support to the Commission to be composed of persons appointed by the
Chairman.
Sec. 6. Technical Panel. — There is hereby
constituted a Technical Panel composed of recognized and responsible
experts to be appointed by the Chairman in the fields of information
technology, finance, law and other relevant fields to provide technical
assistance and advice to the Commission. The Commission, may also seek
the full-or part-time detail of government personnel to it.
Sec. 7. Office. — In coordination with agencies of
the Philippine Government, including government-owned or controlled
corporations, the Commission shall be provided with appropriate and
adequate office space.
Sec. 8. Funding. — The expenses of the Commission,
including the honoraria of its members and personnel, shall be charged
to the President’s Contingent Fund. An initial funding of Five Hundred
Thousand Pesos (P500,000) is hereby released therefrom.
Sec. 9. Effectivity. — This Executive Order shall
take effect immediately.
DONE in the City of Manila,
this 5th day of June, in the year of Our Lord, nineteen hundred and
ninety-six.
chanrobles virtual law library
Back to Main
chan
robles virtual law library
Since 19.07.98.