EXECUTIVE ORDER NO. 125
EXECUTIVE ORDER NO. 125 -
REVITALIZING THE NATIONAL INFORMATION TECHNOLOGY COUNCIL (NITC) AND THE
NATIONAL COMPUTER CENTER (NCC)
WHEREAS,
the National Information Technology Plan for the 21st Century, or IT21
envisions the Philippines to become a Knowledge Center in Asia by the
first decade of the 21st Century;
WHEREAS, to realize this vision there is need to leverage the country’s
competitive advantage and further build on the momentum gained over the
past years on harnessing and exploiting the full potentials of
information technology (IT) as a strategic tool and a development
strategy for greater productivity and economic growth;
WHEREAS, there is an urgent need to strengthen the institutional
mechanism to effectively mobilize and coordinate the individual and
collective resources and talents of all sectors concerned in the
pursuit of this vision;
WHEREAS, the National Information Technology Council (NITC), created
pursuant to Executive Order No. 190, dated 19 July 1994, and
reorganized pursuant to Executive Order No. 469, dated 23 February
1998, as the highest planning and policy advisory body on IT matters,
needs a dynamic and effective executive agency to meet its technical
support services requirements in the performance of its functions;
WHEREAS, the National Computer Center (NCC), which was created pursuant
to EO No. 322 (s. 1971), as amended by PD No. 1480 (s. 1987), serves as
the technical arm of the NITC;
WHEREAS, EO Nos. 34, 35, and 37, all dated 26 October 1998, provided
for the restructuring of the NCC and redefinition of its powers and
functions;
WHEREAS, there is need to revitalize the NCC to enable it to better
perform its mandate;
WHEREAS, under Sec. 77 of the General Provisions of Republic Act No.
8745 (FY 1999 General Appropriations Act), the President may direct
changes in the organization and key positions in any department, bureau
or agency;
WHEREAS, Sec. 79 of the General Provisions of the same Act, directs
heads of departments, bureaus, and agencies to scale down, phase out or
abolish activities no longer essential in the delivery of public
services, and provides that savings generated from the abolition,
phasing out or scaling down of unnecessary activities may be used by
the departments, bureaus and agencies concerned for the augmentation of
their respective programs, projects, and activities;
WHEREAS, pursuant to EO 292 (Administrative Code of 1987), the
President shall have continuing authority to reorganize the
administrative structure of the Office of the President;
NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the
Philippines, by virtue of the powers vested in me by law, do hereby
order the following;
Section 1. Declaration of Policy. — It is hereby
declared the policy of government in furtherance of national
development, to create the appropriate policy and institutional
environment to rationalize and accelerate the use, application, and
exploitation of IT as a productivity tool and as development strategy
for modernization and economic development.
Sec. 2. Lead Institutional Mechanism for IT . —
The National Information Technology Council (NITC) shall remain as the
government’s highest planning and policy advisory body on IT matters as
provided in EO No. 469 (s. 1998). In the performance of its functions,
the NITC can call on its members and the other departments and agencies
of government to provide such support and resources as may be needed or
required. The NITC may organize, on a need basis, sectoral and industry
task forces, consisting of professionals/specialists from IT and other
key sectors, disciplines, to assist in coordinating and overseeing the
implementation of IT21 and its successors plans.
Sec. 3. Functions of the National Computer Center
(NCC). — The NCC shall provide technical and professional support to
the NITC. Pursuant to EO No. 322 (s. 1971), as amended by PD 1480 (s.
1978), it shall have the following powers and functions:
(1)
Undertake, in support of the NITC’s planning and policy advisory
functions, a periodic review of the National Information Technology
Plan for the 21st Century or IT21, in coordination with appropriate
bodies and agencies of government and the private sector, to ensure
that the policy recommendations, strategies, programs and projects
under IT21 are constantly updated and are consistent with national
development priorities and requirements;
(2)
Promulgate, subject to the approval of the NITC, such policies,
programs and projects that will set the overall strategy and direction
to fully harness and exploit IT for economic and social development,
especially in addressing the needs of the poor sectors of the society;
(3) Carry out,
in cooperation with industry and other government agencies, focused
policy and technological reviews, studies, as well as research and
development (R&D) projects, to accelerate the development of the
local IT and allied industries;
(4) Facilitate
the development and implementation of a government information systems
plan (GISP), as approved by the NITC, to accelerate the application of
electronic governance in the country for greater productivity, wider
public access to information and faster delivery of basic services;
(5) Develop
and promulgate, subject to the approval of the NITC, minimum standards
and benchmarks for computerization and other IT-related activities in
government;
(6) Review and
approve proposed Information Systems Plans (ISPs) of national
government agencies, government-owned and controlled corporations,
state universities and colleges, and government financial institutions.
Such Plans shall be deemed approve if NCC does not respond within one
(1) month from date of receipt;
(7) Provide,
as requested or upon instructions of the President or the NITC, IT
consultancy and other related services to other government agencies,
institutions, including government-owned and controlled corporations
and local government units;
(8) Conduct a
periodic information systems survey to foster a well coordinated and
integrated development, implementation and management of computer-based
information systems and networks in government;
(9) Assist, as
requested, government departments and agencies concerned in the review
and design of IT education and training curricula in the country to
ensure a globally competitive human resource base for the
sustainability of the country’s knowledge-based industries, as
envisioned in IT21;
(10) Develop
and implement a continuing national IT promotion program to drum up
wider public awareness and understanding of the national plan and
vision, programs, projects and activities; and
(11) Perform
such other functions as may be needed or required.
Sec. 4. NCC Organizational and Operational
Strengthening. — The NCC shall be strengthened to carry out the above
mandates and functions effectively. The NCC organizational and
operational strengthening shall be implemented primarily through:
(1)
Setting-up of sectoral and industry desks to work in tandem with the
sectoral and industry task forces of the NITC. The sectoral and
industry desks shall:
a
Formulate IT policies and programs pertaining to their sector for
recommendation to the NITC;
b Monitor and
analyze key technology trends and developments needed for strategic
planning and industry positioning;
c Facilitate
and provide needed technical support to departments, agencies, or local
government units concerned, in the development and implementation of
NITC-approved flagship projects;
d Assist
government agencies and local government units, as well as selected
private sector entities, in carrying out specific IT projects in
support of the government’s computerization efforts; and
e. Provide
technical support to the NITC or its sectoral and industry task forces,
as needed.
(2)
Instituting an arrangement with the private sector whereby the use of
the National Computer Institute and the Philippine Software Development
Institute as training and software development facilities for IT will
be optimized.
Sec. 5. Modifications of the NCC Organization
Structure and Staffing Pattern. — The Head of the NCC shall submit to
the Department of Budget and Management (DBM) for approval, the
proposed modifications in its organization structure and staffing
pattern. The DBM is hereby authorized to upgrade organization units and
create key positions to enable the NCC to effectively perform its
mandate and functions.
Sec. 6. Redeployment of Personnel. — The existing
personnel of the NCC shall be redeployed as may be necessary in
accordance with the requirements of the revised reorganization
structure and staffing pattern, subject to civil service rules and
regulations. Such redeployment shall, however, not result in the
diminution in rank and compensation of affected personnel.
Sec. 7. Funding. — The Financial resources for
implementing the revised staffing pattern of the NCC and for operating
expenses during the first year of its operation under the revitalized
setup, as well as expenses for technical support to the NITC, shall be
taken from funds available in the NCC. Additional funding requirements
for the succeeding years may be integrated into the NCC’s annual
appropriations.
Sec. 8. Implementing Rules and Regulations. — The
NCC, in consultation with appropriate bodies and organizations in
government and in the private sector, shall, through the NITC,
promulgate the necessary implementing rules and regulations (IRRs) of
this Executive Order within three months from date of issuance;
Provided that the said IRR shall be periodically reviewed and updated
in close consultation with the private sector, taking into account new
trends, developments, priorities, and requirements in IT as may be
determined by the NITC.
Sec. 9. Separability. — Any portion or provision
of this Executive Order that may be declared unconstitutional shall not
have the effect of nullifying other portions or provisions hereon as
long as such remaining positions can still subsist and be given effect
in their entirety.
Sec. 10. Repealing Clause. — Executive Order Nos.
34, 35, and 37, all dated 26 October 1998, are hereby repealed, and all
other orders, directives, issuances, rules and regulations or parts
thereof, inconsistent with the provisions of this Executive Order are
hereby modified and/or amended accordingly.
It is understood that NGAs, GOCCs, SUCs, LGUs, and GFIs may hereafter,
conduct their respective IT-related pre-qualification, bid and award
functions.
Sec. 11. Effectivity. — This Executive Order shall
take effect upon the promulgation of its Implementing Rules and
Regulations.
DONE, in the City of Manila,
this 19th day of July, Nineteen Hundred and Ninety Nine.
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Since 19.07.98.