Department of Information and Communications Technology Personal Thoughts

            Living in a modern era wherein technology is just around the corner and making everything just a click away, we must learn how to adapt with the changes that our fast pacing life is giving. Being able to use different forms of technological advancement, we will not be left out in this modern world. There are a lot of advantages that technology can give us. With the use of these technologies, we were able to make things and do things using only our fingers. It really made our lives easier. In addition to this, we were also be able get necessary information about everything that is happening around us.

            The Philippine government knows the importance of technology in information dissemination. That is the main reason why legislators and other government officials keep on thinking different laws in which technology is involved. They understand the importance of it not only in informing the people but also its vital role in attaining nation building. With all the laws that were passed by the Senators, this specific law acknowledges the contribution of modern technology in attaining the progress and development of the country. This law is the Republic Act 10844 or more commonly known as the Department of Information and Communications Technology of 2015.

            The Republic Act 10844 is an act that creates a new department that helps promote the importance of Information and Communications Technology or also known as ICT and its uses as well. This department will be known as the Department of Information and Communications Technology or the DICT. The DICT’s main purpose is to utilize the use of electronic gadgets and other forms of technology in achieving its primary functions as a department. The fundamental functions of the DICT is written under Section 2: Declaration of Policies of the said act. It states that:

“(a) To recognize the vital role of information and communication in nation-building;

(b) To ensure the provision of strategic, reliable, cost-efficient and. citizen-centric information and communications technology (ICT) infrastructure, systems and resources as instruments of good governance and global competitiveness;

(c) To ensure universal access to quality, affordable, reliable and secure ICT services;

(d) To promote the development and widespread use of emerging ICT and foster and accelerate the convergence of ICT and ICT-enabled facilities;

(e) To ensure the availability and accessibility of ICT services in areas not adequately served by the private sector

(f) To foster an ICT sector policy environment that will promote a broad market-led development of the ICT and ICT-enabled services (1CT-ES) sectors, a level playing field, partnership between the public and private sectors, strategic alliance with foreign investors and balanced investments between high-growth and economically-depressed areas;

(g) To promote and assist the development of local ICT content, applications and services which may include support for ICT-based start-up enterprises through strategic partnerships;

(h) To promote the use of ICT for the enhancement of key public services, such as education, public health and safety, revenue generation, and socio-civic purposes;

(i) To encourage the use of ICT for the development and promotion of the country’s arts and culture, tourism and national identity;

(j) To promote digital literacy, ICT expertise, and knowledge-building among citizens to enable them to participate and compete in an evolving ICT age:

(k) To empower, through the use of ICT, the disadvantaged segments of the population, including the elderly, persons with disabilities and indigenous and minority groups;

(l) To ensure the rights of individuals to privacy and confidentiality of their personal information;

(m) To ensure the security of critical ICT infrastructures including information assets of the government, individuals and businesses; and

(n) To provide oversight over agencies governing and regulating the ICT sector and ensure consumer protection and welfare, data privacy and security, foster competition and the growth of the ICT sector.”

            To summarize all the functions of the said department, the department will provide a better, affordable, and reliable information and communications technology facilities, techniques, and strategies to accomplish its foremost objective which is to give us a well-improved and faster public service. With the creation of the Department of Information and Communications Technology, services of the government can be accessed online and the department will provide a better and faster internet services in which all of the public can use freely.

            All the duties, responsibilities, and functions are all written under the Section 6: Powers and Functions of the Republic Act 10844. The following powers are:

“I. Policy and Planning

(a) Formulate, recommend and implement national policies, plans, programs and guidelines that will promote the development and use of ICT with due consideration to the advantages of convergence and emerging technologies;

(b) Formulate policies and initiatives, in coordination with the Department of Education (DepED). The Commission on Higher Education (CHED), and the Technical Education and Skills Development Authority (TESDA), to develop and promote ICT in education consistent with the national goals and objectives, and responsive to the human resource needs of the ICT and ICT-ES sectors;

(c) Provide an integrated framework in order to optimize all government ICT resources and networks for the identification and prioritization of all E-Government systems and applications as provided from the E-Government Masterplan and the Philippine Development Plan (PDP);

II. Improved Public Access

(d) Prescribe rules and regulations for the establishment, operation and maintenance of ICT infrastructures in unserved and underserved areas, in consultation with the local government units (LGUs), civil society organizations (CSOs) private sector, and the academe;

(e) Establish a free internet service that can be accessed in government offices and public areas using the most cost-effective telecommunications technology, through partnership with private service providers as may be necessary;

III. Resource-Sharing and Capacity-Building

(f) Harmonize and coordinate all national ICT plans and initiatives to ensure knowledge, information and resource-sharing, database-building and agency networking linkages among government agencies, consistent with E-Government objectives in particular, and national objectives in general;

(g) Ensure the development and protection of integrated government ICT infrastructures and designs, taking into consideration the inventory of existing manpower, plans, programs, software, hardware, and installed systems;

(h) Assist and provide technical expertise to government agencies in the development of guidelines in the enforcement and administration of laws, standards, rules, and regulations governing ICT;

(i) Assess, review and support ICT research and development programs of the government in coordination with the Department of Science and Technology (DOST) and other institutions concerned;

(j) Prescribe the personnel qualifications and other qualification standards essential to the effective development and operation of government ICT infrastructures and systems;

(k) Develop programs that would enhance the career advancement opportunities of ICT workers in government;

(l) Assist in the dissemination of vital information essential to disaster risk reduction through the use of ICT:

(m) Represent and negotiate for Philippine interest on matters pertaining to ICT in international bodies, in coordination with the Department of Foreign Affairs (DFA) and other institutions concerned;

IV. Consumer Protection and Industry Development

(n) Ensure and protect the rights and welfare of consumers and business users to privacy, security and confidentiality in matters relating to ICT, in coordination with agencies concerned, the private sector and relevant international bodies;

(o) Support the promotion of trade and investment opportunities in the ICT and ICT-ES sectors, in coordination with the Department of Trade and Industry (DTI) and other relevant government agencies and the private sector;

(p) Establish guidelines for public-private partnerships in the implementation of ICT projects for government agencies; and

(q) Promote strategic partnerships and alliances between and among local and international ICT, research and development, educational and training institutions, to speed up industry growth and enhance competitiveness of Philippine workers, firms, and small and medium enterprises in the global markets for ICT and ICT-ES.

            With all of the powers and functions of the DICT as indicated above, there are some good points that the department includes in the said act. The first one that I want to point out is the Section 6.I.b. This function points out that the DICT needs to tie up with the Department of Education (DepEd), Commission on Higher Education (CHED), and Technical Education and Skills Development Authority (TESDA) in integrating the information and communications technology (ICT) and its other related courses so that the students will be fully equipped with the knowledge of ICT that they can use when they are already working. With the implementation of this, those who were not unable to use technology or have a little or even no knowledge regarding ICT, will be taught while they are at school. This will be more convenient not only for the students but also for the agencies, which mostly uses technology as a part of their work nowadays.

In relation to this, as written under the Section 6.III.i, the department will also be in partnership with the Department of Science and Technology (DOST) to support the different researches regarding ICT. If they find these researches beneficial for the development of the ICT, the department will be the one to fund this researches so that the Philippines will use it.

Another thing that I want to personally point out is, Section 6.II.e of the RA 10844. This states that the department will provide a free internet access, with the help of private corporations, to different public places for the easier access of information and public services of the government. This is very helpful for those who do not have the access to internet. With these, the public can be able to use the internet without spending money. It will be less hassle for the people. The only problem that I can see in implementing this is, the department will need to provide a larger, steadier and faster internet connection that can accommodate or hold a large number of users. Another one is, the public will be using this for their own personal matters like using the social media (Facebook, Twitter, Instagram, Youtube) and will not disconnect their phone connections so others will not be able to use it.

With all this advantages that the act can give the public, I also find some functions that can be a disadvantage for the Philippine government. It is the creation of databases in which all the files and important documents of the different agencies will be held by this databases. The disadvantage of this is, it will be easier for the hackers to hack this databases whenever they needed a confidential file that cannot be disclosed to the public. Hackers nowadays always find a way in entering the databases of the government like the Anonymous Philippines which always hacks the records of the government sites.

Even if this law was already passed by the Senate and House of Representatives, and was already signed by the former president, Benigno “Noynoy” Aquino III, there are still other members of the higher and lower house who are against this act. In an article published by the Philippine Daily Inquirer, the Management Association of the Philippines (MAP) with the help of ICT Committee Governor-in-charge, Mr. Donald Lim, conducted a forum with the theme, “DICT: Is It Really Necessary for Philippine Transformation?”

In this event, different representatives form different agencies and even members of the Senate and House of Representatives attended the event. This is an event in which everyone will be given a change to voice out their thoughts regarding the RA 10844. Mostly are against the republic act because, as they say, it will be another form of corruption in which they will be given budget and they will not use it. Another point is, other departments which have almost the same power as the DICT is doing a great job in implementing the use of ICT. Therefore, a new department will not be necessarily needed. In contrary, others also show support to the said act. They say that it will be a great chance for us to increase our income in terms of Business Processing Outsourcing (BPO) which made the Philippines number 1 in this field.

Due to the creation of the Department of Information and Communications Technology, other departments with the same power as the new department. These are identified under Section 15 of the said act. These are the Information and Communications Technology Office (ICTO), National Computer Center (NCC), National Computer Institute (NCI), Telecommunications Office (TELOF), and National Telecommunications Training Institute (NTTI). The Department of Transportation and Communication will also be separated and Department of Transportation will solely focus to its function of overlooking the transportation facet of our country. Other agencies will be merged to the DICT like the National Telecommunications Commission (NTC), National Privacy Commission, and Cybercrime Investigation and Coordination Center (CICC). All the said department will transfer all their files, records, equipment, and even personnel or employees who are eligible to the work provided by the DICT. All those employees who are not eligible and will be out of service because of this act will be given separation pay.

After this law has been signed by former President Noynoy Aquino before he leaved his position, we are all waiting for the implementation of the said act. By latter part of the year, this new department will emerge. Whatever this department can contribute to our country, as long as it helps the Filipino citizens and do not cause any problems regarding on money matters, the DICT will remain a department and perform its specific tasks. Change is the only constant thing in this world. May that be changes a good or a bad one, we need to adapt unto it. Let us just wait for the result of the department and hopefully, we are all praying that they will be able to perform all their duties and responsibilities.

FOI Bill Personal Thoughts

            Every one of us have our own right. The right to live, the right to quality education, the right to have a safe and secured home, the right to express our own self and many other rights that we already had starting from the moment that we were born. As what is stated in the 1987 Philippine Constitution under Section 1 of the Article III: Bill of Rights, “No person shall be deprived of life, liberty, or property without the due process of law, nor shall any person be denied the equal protection of the laws.” Therefore, no person can stop us from doing what we want as long as we are following the rules set by our government. As a law-abiding citizen and a member of the work force of the Philippines, we, the tax payers are already educated enough to ask where are our taxes go.

            With all the anomalies that the Philippine government is facing right now, especially issues regarding money matters, Filipinos are now starting to doubt the governing body if they are really doing their job in putting the taxes of the Filipino laborers into tangible projects or are they just putting it on their own pockets. According to the Section 7 of Article III: Bill of Rights of the 1987 Philippine Constitution, it states that, “The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as a basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.” Thus, we were given the right to know how does the government spends the money of our country.

Because of the recurring issues regarding the misuse of monetary funds of the Philippines, this calls the attention of some senators to take specific and immediate actions to stop this problem. Senators Escudero, Trillanes III, Osmeña III, Honasan II, Guingona III, Allan Peter Cayetano, Ejercito, Legarda, Angara and Poe came up with a decision of passing a bill that mandates government officials, government offices and other governing bodies to show necessary documents of their expenditures and other transactions that happens within their respective offices. As what is written in the Article 2: Declaration of Principles and State Policies, Section 28 of the 1987 Constitution; “Subject to reasonable conditions prescribed by the law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.” This is the emergence of the House Bill No. 3237 or most commonly known as the People’s Freedom of Information Act of 2014.

The Freedom of Information Bill’s main purpose is to strengthen the right of the people to information held by the government. Being one of the most corrupt country around the world, this is one of the solutions that the governing body came up with to reduce those corrupt officials in taking home the money which is intended for the Filipino people. Hopefully, when this bill becomes a law, all the necessary and pertinent documents that needs to be accessed by the Filipino citizen will be available publicly. The documents that should be available to the public are written in the Section 4 of the Freedom of Information Bill. The following documents are as follows:

“(a) Information refers to data that have been processed into a record, document, paper, report, letter, contract, minutes and transcripts of official meetings, maps, books, photographs, data, research materials, in whatever form, or films, sound and video recordings, magnetic or other tapes, electronic data, in whatever format, which are made, received or kept in or under the control and custody of any government agency pursuant to law, executive order, rules and regulations, ordinance or in connection with the performance or transaction of official business by any government agency.

(b) Official record refers to information produced or received by a public officer or employee, or by a government agency in an official capacity or pursuant to a public function or duty. This shall not refer to the stage or status of the information.

(c) Public record refers to information required by law, executive orders, rules, or regulations to be entered, kept and made publicly available by a government agency.

(d) Dataset shall refer to an organized collection of data, which is presented in a variety of forms such as but not limited to tabular, geospatial, or image data files.

(e) Machine-readable shall refer to formats that are able to have its data extracted and processed by computer programs easily.

(f) Open format shall refer to one that is platform independent, machine readable, and made available to the public without restrictions that would impede the re-use of that information.”

            With all these documents that will be available for the public, the true meaning of good governance, accountability, transparency and credibility will be achieved and the people of the Philippines will trust those people who are leading our country. It is also included in the said bill the other information that each government offices should published on their respective websites under Section 10: Promotion of Openness in Government. These are the following:

“(1) A description of its mandate, structure, powers, functions, duties and decision-making processes;

(2) A description of the frontline services it delivers and the procedure and length of time by which they may be availed of;

(3) The names of its key officials, their powers, functions and responsibilities, and their profiles and curriculum vitae;

(4) Work programs, development plans, investment plans, projects, performance targets and accomplishments, and budgets, revenue allotments and expenditures;

(5) Important rules and regulations, orders or decisions: Provided, That they be published within fifteen (15) calendar days from promulgation;

(6) Datasets generated in the implementation of agency mandates, programs, activities, and projects such as statistics, figures, and geospatial data, among others;

(7) Current and important database and statistics that it generates;

(8) Bidding processes and requirements; and

(9) Mechanisms or procedures by which the public may participate in or otherwise influence the formulation of policy or the exercise of its powers.”

            Being transparent is one of the characteristics that a government official must possess. It is a part of their oath as a public servant that they must be transparent in all the transactions that their offices do and also, in all their assets, liabilities and net worth. As what is stated in the Section 17 of Article XI: Accountability of Public Officers of the 1987 Philippine Constitution; “A public officer or employee shall, upon assumption of office and as often thereafter as may be required by law, submit a declaration under oath of his assets, liabilities, and net worth. In the case of the President, the Vice-President, the Members of the Cabinet, the Congress, the Supreme Court, the Constitutional Commissions and other constitutional offices, and officers of the armed forces with general or flag rank, the declaration shall be disclosed to the public in the manner provided by law.” According to this section, public officials are mandated to show their annual Statement of Assets, Liabilities, and Net Worth or most commonly known as the SALN for them to be kept on track if there is a sudden “doubtful” changes in their annual SALN that can be a great evidence of corrupting the intended budget of the Philippines for its people. Likewise, government offices are also required to present significant official papers that could prove that their office is using the budget well that is given by the government. In relation to this, this bill also includes the following government officials to provide their annual SALN reports. It is under Section 9: Mandatory Disclosure of Information of the aforementioned bill. The officials and the documents that need to be shown are as follows:

“(a) In fulfillment of Article XI, Section 17 of the Constitution the following national officials shall provide to the public, through the websites of their respective offices, their Statement of Assets, Liabilities, and Net worth (SALN) on an annual basis, subject to Section 5 and Section 7 (f) of this Act

(1) the President;

(2) the Vice- President;

(3) the Members of the Cabinet;

(4) the Members of the Senate and the House of Representatives;

(5) the Justices of the Supreme Court;

(6) the Commissioners of the Constitutional Commissions and other constitutional offices; and

(7) the officers of the Armed Forces with the rank of general or the equivalent flag rank.

(b) All agencies of all branches of government shall publish on their websites and update on a monthly basis, a register of the following:

(1) Freedom of Information Manual in full;

(2) Rules of Procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations;

(3) Substantive rules of general applicability adopted as authorized by law, and statements of general policy or interpretations of general applicability formulated and adopted by the agency, including subsequent amendments;

(4) Public interest documents or records, including:

(i) Annual Budget of Government Agencies;

(ii) Itemized Monthly Collections and Disbursement;

(iii) Summary of Income and Expenditures;

(iv) Component of the Internal Revenue Allotment (IRA) Utilization;

(v) Annual Procurement Plan and Procurement List;

(vi) Items for Bidding;

(vii) Bid Results on Civil Works, and Goods and Services;

(viii) Abstract of Bids as Calculated;

(ix) Procurement contracts entered into by a government agency;

(x) Construction or concession agreements or contracts entered into by a government agency with any domestic or foreign person or entity;

(xi) Private sector participation agreements or contracts in infrastructure and development projects under Republic Act No. 6957 otherwise known as the Philippine BOT Law, as amended by Republic Act No. 7718;

(xii) Public funding extended to any private entity;

(xiii) Bilateral or multilateral agreements and treaties in trade, economic partnership, investments, cooperation and similar binding commitments;

(xiv) List of persons or entities who were granted licenses, permits or agreements for the extraction and/or utilization of natural resources given by any government agency;

(xv) Statement of Assets and Liabilities of the public officers of the government agency; and

(xvi) Guarantees given by any government agency to government-owned or -controlled corporations and to private corporations, persons or entities.

The register shall contain a brief description of the transaction involved, including, but not limited to: the nature and object of the transaction, the parties and amounts involved, the key steps undertaken towards its conclusion, and the relevant dates provided that contracts and agreements involving an amount of at least Fifty Million Pesos (P50,000,000.00) shall be published in full on the website of the concerned government agency or the Official Gazette Online subject to the succeeding section. A covered record shall be enrolled in the register not later than 30 working days from its perfection or issuance.”

            This documents should be easily accessed and viewed on the official gazette of the Philippines. Failure to do such thing can cause an administrative and criminal liabilities as what is written on the Sections 14 and 15 of the Freedom of Information Bill. The penalty ranges from one (1) month to six (6) months of imprisonment and can be removed from their respective jobs. With this kinds of sanctions to be given by those who will violate the bill, public officials will fully disclose all the information that the Filipino people needs to know.

            Another good thing this bill, based on the Section 17, there must be a need of Freedom of Information Manual. This manual should contain the organizational charts, contact numbers, other branches, services offered, procedures of getting a specific documents form their offices which will be accomplished by all the government agencies. The FOI Manual should not only be printed but will also be available in the respective websites of the government offices for easier access. This would help the people to be informed in what will be the process and who are they going to ask for help in times of confusion.

            This bill also wants to implement a better way to keep the vital records of every government offices. It is written in the Section 22 of the FOI bill all the documents that needs to be kept for easier access once it is needed. With the use of the record keeping technique, each government agencies can provide the official papers in a very effective and easier way.

            Another point that I want to point out, is the removal of the incentives that will be given to the offices that will be able to abide to the rules of the bill and to satisfy those people with their services. It is written under Section 27 of the bill that is presented in the Senate. After the first reading of the House of representative, they made an amendment and removed the special incentives and rewards. In my own opinion, the removal of the said section is good, for it is the duty and responsibility of the government offices and officials to provide us necessary information that we have to know. This might be another way of other officials to corrupt.

            Now that the bill was on its second reading on the House of representative and President Rodrigo Duterte’s decision of putting it into the priority list of bills that should be passed, we are all hoping that it will be implemented. Implementation of the FOI bill will give a slight relief to the corruption issue of the Philippines. This will also bring back the trust of the people to those who are leading our country. Upon implementation, we will all be informed and by getting informed, we will get involved. Getting involved will give us a better understanding about things and because of understanding, we will not only just have a peaceful country but also a trustworthy, credible and transparent leader.