EXECUTIVE ORDER NO. 14
EXECUTIVE ORDER NO. 14 -
ESTABLISHING THE PRESIDENTIAL COMMISSION ON YEAR 2000 COMPLIANCE
WHEREAS,
consistent with State policies as enunciated under Sec. 24, Article
II of the Constitution, which states that: “The State recognizes the
vital role of communication and information in nation
building”;
WHEREAS, the Constitution also provides, in Section 10, Article XIV,
that: “Science and Technology are essential for national development
and progress. The State shall give priority to research and
development, invention, innovation and their utilization; and to
science and technology education, training and services. It shall
support indigenous, appropriate and self-reliant scientific and
technological capabilities and their application to the country’s
productive system and national life”;
WHEREAS, the Constitution further provides, in Section 12, Article XIV,
that: “The State shall regulate the transfer and promote the adaptation
of technology from all sources for the national benefit. It shall
encourage the widest participation of private groups, local governments
and community based organizations in the generalization and utilization
of science and technology”;
WHEREAS, the Philippines, as a member of the global community is facing
the enormous Year 2000 computer problem also known as the “Y2K Bug” or
the “Millennium Bug”;
WHEREAS, the “Y2K Bug” or “Millennium Bug” is a result of the general
practice of using two digits, instead of four, to represent a year and
keep track of the date, for efficiency in software programming;
WHEREAS, as a consequence of this practice, most computer systems will
— on or before January 1, 2000 — recognize “double zero” (“00”) in
dates not as 2000 but as 1900;
WHEREAS, the “Y2K Bug” or “Millennium Bug” if not fixed, will wreak
havoc on computer-based systems — cause computers to generate erroneous
data and lead to system crashes that may disrupt business operation and
vital utilities and public services;
WHEREAS, the “Y2K Bug” or “Millennium Bug” will affect domestic
business and the financial community as it may result to warrantly
disclaimers, liability caps, corporate mismanagement liabilities, and
potential third-party damages in computer-based and computer-assisted
systems;
WHEREAS, the damage the problem will cause could lead to economic and
financial crisis that will threaten the security of the nation;
WHEREAS, the enormity of the problem impels the creation and
establishment of a body in the highest levels of government to direct
and coordinate all efforts for Year 2000 compliance to avert the threat
the “Y2K Bug” or the “Millennium Bug” poses to the nation.
NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the
Philippines, by virtue of the powers vested in me by the Constitution,
do hereby order:
Section 1. Presidential Commission on Year 2000
Compliance. — There is hereby created a Presidential Commission on Year
2000 Compliance, hereinafter referred to as the Commission, under the
Office of the President. The Commission shall be composed of the
Presidential Consultant on Computer Education as Chairman; and the
Secretary of Trade and Industry, Secretary of Science and Technology,
the Managing Director of the National Computer Center, the Director
General of the Technology and Livelihood Resource Center and three
representatives from the private sector as members who shall be
appointed by the President upon the recommendation of the ex-officio
members of the Commission. They shall be persons of good moral
character and of recognized competence in the field of information
technology, law, economics, finance, banking, commerce, industry or
engineering. They shall serve for term of three years.
The Commission shall be organized and hold its first meeting within
thirty (30) days from the promulgation of this Executive Order.
Sec. 2. Powers and Functions of the Commission. —
The Commission shall have the following powers and functions:
a.
To conduct and complete a study on the extent and cost of the damage
that the “Y2K Bug” or “Millennium Bug” shall cause to both the public
and private sector and to the financial well-being of the country as
well as the state of readiness of both sectors for the Year 2000;
b. To
establish a comprehensive two-year Year 2000 Compliance Plan that shall
serve as guide in the implementation of swift, concrete and effective
programs to ensure the nation’s readiness for the Year 2000;
c. To
recommend incentives for companies and government institutions that
undertake Year 2000 compliance work;
d. To
undertake concrete and effective action against the dumping into
Philippine territory of hardware and software and information
technology-based products that are not Year 2000 compliant;
e. To promote
general awareness on the urgent and critical issues on the problem and
to undertake initiatives and programs aimed at tackling the “Y2K Bug”
or the “Millennium Bug”;
f. To monitor
the status of actual Year 2000 compliance by the private and public
sectors particularly on systems of critical infrastructure
providers;
g. To
establish and maintain close relationship, with the view of sharing and
obtaining up-to-date information, with local and international experts
and bodies in the field, particularly with those who are active in Year
2000 compliance efforts, for strategy formulation;
h. To enter
into joint projects with the Department of Science and Technology,
Department of Education, Culture and Sports, National Computer Center,
and other appropriate government and private sector agencies in the
pursuit of its objectives;
i. To submit
periodic and annual reports to the President regarding the activities
of the Commission;
j. To
recommend the modification/amendments of existing laws, rules,
regulations and procedures to remove impediments to the swift,
effective and efficient implementation of the programs and activities
of the Commission;
k. To complete
the task of making computer-based system of all government institutions
Year 2000 compliant by September 30, 1999.
Sec. 3. Meetings, Quorum and Secretariat. — The
Commission shall meet at least twice a month, or as often as necessary
at the discretion of the chairman or upon the request of a majority of
the members of the Commission. The presence of a majority of the
members of the Commission shall constitute a quorum.
A secretariat shall be organized by the Commission on its
organizational meeting.
Sec. 4. Honoraria and Allowances. — The Commission
shall provide for honoraria and allowances for council members and its
personnel subject to existing rules and regulations.
Sec. 5. Chairman and Vice Chairman of the
Commission. — The chairman shall preside over the meetings of the
Commission and shall implement its decisions. He shall exercise
over-all supervision and control on the operations and programs of the
Commission.
The Commission shall elect from among its members a vice chairman who
shall act as chairman in case the chairman is unable to temporarily
perform his functions or in case of vacancy in the Office of the
Chairman. He shall perform such other functions as may be assigned to
him by the chairman.
Sec. 6. Technical and Administrative Staff . — The
Commission shall organize its technical and administrative staff under
the secretariat to be headed by an executive director who shall be
designated by the Chairman. The executive director shall have at least
five (5) years relevant experience in technical and administrative
matters. He shall hold office on a full time basis and shall not be
removed except for cause. The technical and administrative staff shall
be composed of personnel also to be designated by the chairman. They
shall receive such salary and remuneration as may be determined
by the Commission subject to existing rules and
regulations.
Sec. 7. Term of the Commission. — The Commission
shall cease to exist on June 30, 2000 unless its term is extended by an
act of Congress or by the President.
Sec. 8. Rules and Regulations. — The Commission
shall promulgate the rules and regulations to implement the provisions
of this Executive Order. Such rules and regulations shall take effect
fifteen (15) days after their publication in a newspaper of general
circulation.
Sec. 9. Separability Clause. — In the event that
the provisions of this Executive Order are hereby declared to be
separable and in the event any provisions or part thereof is declared
unconstitutional the other provisions or parts thereof which are not
affected thereby shall remain in full force and effect.
Sec. 10. Repealing Clause. — All laws, decrees,
executive orders, administrative orders, rules and regulations
inconsistent herewith are hereby repealed, amended or modified
accordingly.
Sec. 11. Effectivity . — This Executive Order
shall take effect immediately.
DONE in the City of Manila,
Philippines, this 19th day of August, in the year of Our Lord, Nineteen
Hundred and Ninety-Eight.
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