EXECUTIVE ORDER NO. 34
EXECUTIVE ORDER NO. 34 - PROVIDING
FOR THE RESTRUCTURING OF THE NATIONAL COMPUTER CENTER
WHEREAS, the Administrative Code of 1987
empowers the President with the continuing authority to reorganize the
Office of the President and to transfer functions from one department
or agency to another;
WHEREAS, there is a need to coordinate, integrate, modify, and
modernize the information infrastructure policies, programs and
projects of the Philippines;
WHEREAS, there is a need for a central executive agency that will
oversee the coordination and integration of government policies,
programs and projects, in order to enhance the planning and use of
computer resources with high quality and cost efficiency as a major
consideration;
WHEREAS, there is a need to fast-track and modify the implementation of
information infrastructure policies, programs and projects, where these
are slow and ineffective.
NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the
Philippines, by virtue of the powers vested in me by law, do hereby
order:
Section 1. Declaration of Policy. — It is hereby
declared the policy of the Government, in furtherance of national
development, to create the appropriate environment for, and rationalize
the use and application of, information technology to attain the
following objectives:
(a)
To optimize the use of information technology in meeting socio-economic
development needs and in addressing national concerns such as poverty,
crime, education, health and environment;
(b) To ensure
the protection of mission-critical and highly secure public and private
sector data from hostile attacks that could endanger peace and order,
national security and the operation of public utilities;
(c) To ensure
the protection of privacy rights in consideration of the right to
information and the duty to enforce laws;
(d) To ensure
that the procurement of computer hardware and software will safeguard
the public interest in terms of optimum serviceability, quality,
benefits and economy;
(e) To ensure
compatibility of all government hardware and software;
(f) To provide
the mechanisms for the effective evaluation of information technologies
before and during their actual use in government
applications;
(g) To
encourage the development of government-wide information systems and
networks to provide data and information needed for development
planning and decision-making;
(h) To
optimize the use of information technology in electronic governance,
thus achieving greater effectiveness, efficiency, accessibility, and
accountability in public service;
(i) To ensure
that the use of information technology will support and enhance
national competitiveness in the global arena;
(j) To
maximize the potential of information technology in increasing national
productivity and creating national wealth;
(k) To support
the formation and sustainability of knowledge-based industries, thus
creating new local employment opportunities and reducing overseas
employment.
(l) To promote
the development, retention and optimum utilization of qualified
information technology human resources.”
Sec. 2. Functions and Powers of the National
Computer Center (NCC). — The NCC shall remain as an executive agency
under the Office of the President and shall have the following
functions and powers:
(a)
It shall be the implementing arm of all government computerization and
electronic networking policies, programs and projects, and all other
IT-related activities of government;
(b) It shall
devise and implement an integrated government computerization program
coordinating all existing government entities, taking into account all
their existing plans, programs, proposals, software and hardware
inventory, installed systems and projects;
(c) It shall
design and build an integrated government information infrastructure
(GII);
(d) It shall
review and approve proposed Information Systems Plans (ISPs) of
National Government Agencies (NGAs), State Universities and Colleges
(SUCs), Government Owned and Controlled Corporations (GOCCs), and
Government Financial Institutions (GFIs), determine their funding
requirements and endorse such funding requirements to the Department of
Budget Management (DBM) or the BOT Center;
(e) It shall
audit the computer hardware and software inventory of all government
entities to make sure that computer systems are used to its full
potential;
(f) It shall
facilitate the transfer and re-assignment of all computer hardware and
software that are not being used by government entities;
(g) It shall
function as a backup computing facility in the event that the computer
systems of other government entities become inoperable;
(h) It shall
conduct periodic monitoring and evaluation of existing ISPs, and
determine appropriate upgrades and modifications as necessary;
(i) It shall
facilitate the requests and service the needs of local government units
(LGUs), the legislative and judicial branches, as well as the
constitutional commissions, if and when these independent entities
decide to become part of government computerization and electronic
networking programs, and projects;
(j) It shall
assist other government information technology installations in the
supervision, regulation or rationalization of their services, and for
this purpose may conduct management audits whenever necessary;
(k) It shall
promote the use of electronic commerce in government-to-government and
government-to-private transactions;
(l) It shall
promote IT exports and investments, promote public and private sector
cooperation, implement innovative IT-related activities, and promote
public access to information technologies;
(m) It shall
organize and manage a Strategic Data Center (SDC) that shall service
the Executive Information System (EIS) and the Decision Support System
(DSS) needs of the Office of the President, and create a national
database on IT as part of the national statistical system;
(n) It shall
represent NGAs, SUCs, GOCCs and GFIs in IT-related negotiations and
provide them bid management;
(o) It can
enlist the assistance of any Department, Bureau, Office, Agency or
instrumentality of government; including GOCCs and GFIs in the
furtherance of its functions;
(p) Perform
such other functions as may be necessary to implement the provisions of
this Executive Order.
Sec. 3. IT Action Agenda. — The NCC shall be
implementing and coordinating agency the IT Action Agenda for the 21st
Century(IT21) and it successor plans.
The NCC shall recommend changes and/or improvements in IT21, through
the National Information Technology Council (NITC).
The NCC shall provide Secretariat services to the NITC.”
Sec. 4. Director General. — The management of the
NCC shall be vested in a Director General who shall be the chief
executive officer thereof and who shall be appointed by the President
of the Philippines. The Director General of the NCC shall have the
equivalent rank of a cabinet Undersecretary, and shall have the
following powers, functions and duties:
a)
Direct and manage the affairs of the NCC, including the National
Computer Institute (NCI) and the Philippine Software Development
Institute (PSDI);
(b) Implement
policies, programs and projects as may be adopted pursuant to the
provisions of this Executive Order;
(c) Undertake
periodic review of policies, programs and projects;
(d) Protect
and preserve the secrecy and security of NCC data holdings;
(e) Appoint
employees of the NCC in accordance with the approved budget and
staffing pattern thereof and discipline or remove them in accordance
with existing laws;
(f) Disburse,
administer and obligate appropriations of the NCC;
(g) Coordinate
with appropriate law enforcement agencies the investigation and
prosecution of Intellectual Property Rights (IPR) violators and
computer-related crime offenders;
(h) Perform
such other functions as may be necessary to implement the objectives of
this Executive Order.
Sec. 5. All issuances, orders, rules and
regulations or parts thereof which are inconsistent with any of the
provisions of this Executive Order are hereby repealed or modified
accordingly.
Sec. 6. This Executive Order shall take effect
immediately.
Done in the City of Manila this
26th day of October 1998.
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Since 19.07.98.