tailor-fitting specifications for electoral fraud

8/4/2019 Tailor-Fitting Specifications for Electoral Fraud

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The Eye of a Storm is a Vacuum.The Eye of a Political Storm is a Legal Loophole.

Prophecy:

A Political Hurricane will Hit Hard in the 2013 Elections.

This is from two Whistle Blowers who took grave risk in exposing gigantic plunders:Jose Boy Biaco Barredo, the root whistleblower of the Fertilizer Fund Scam for

buying administration votes for the 2004 elections; and Attorney Melchor Magdamo,root whistleblower of multi billion procurement scams in the COMMISSION ON ELECTIONS(COMELEC) during the 2010 elections. The two met each other for the first timeduring Senate hearings for drafting the Whistle Blowers Act. During those hearings,we were able to share experiences and lessons on plunder. After deeper analysis, wesee an emerging pattern that seems to be modus operandiof transactional politics ofthe Arroyo kleptocracy. We believe that one of the agencies responsible for thedubiousness of the 2010 elections was the COMMISSION ON INFORMATION & COMMUNICATIONTECHNOLOGY (CICT) which was a pet project of the previous administration, andabductor, so to speak, of 3 agencies NATIONALTELECOMMUNICATIONSCOMMISSION (NTC) &TELECOMMUNICATIONSOFFICE (TELOF) & PHILIPPINEPOSTALCORPORATION (PhilPost) swept awayfrom the mother original jurisdiction of the DEPARTMENTOFTRANSPORTATION & COMMUNICATIONS

(DoTC). Typical of the Turf-Tug-of-War of factions in snake pit Malacaang, formerPresident Gloria Arroyo issued four flip-flopping Executive Orders: The 1st spun offthe three agencies from DoTC to CICT; the 2nd sprung back the units from CICT tohome (DoTC); the 3rd is more controversial because its signing date was 06 August2007 but its publication date was more than a year thereafter, 24 December 2008, inthe end resulting to a Christmas eve abduction of the units in question, from DoTCping-pong to CICT. There are deeper and darker reasons. It can happen againbecause there is a legal loophole now in the CICT and COMELEC Advisory Council.The eye of a typhoon is a vacuum. The eye of a political typhoon is a legal loopholewith tycoons swirling around bringing floods of money. The diagram hints how:


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WhistleBlowers on DoTC-CICT-COMELEC Page 2

For a more comprehensive presentation, please browse thru the chronological historyof the agencies relevant to the issues herein:

1899-JAN-22President Emilio Aguinaldo organized the "DTC" which is the ancestor of the

Department of Transportation and Communications (DoTC).

1902-SEP-05

Philippine Commission Act 426

created the DEPARTMENTOF TRADE & INDUSTRY (DTI)which includes the Bureau of Posts which is the ancestor of the

Philippine Postal Corporation or "PhilPost".

1912-___-__Legislative Act 2159 established the Automobile Section

under the Administrative Division of the Bureau of Public Works.

1946-OCT-04 Republic Act 51 authorized the President to reorganize within 1 year.

1947-JUL-01

President Manuel Acua Roxas signed Executive Order 94establishing the BUREAUOF TELECOMMUNICATIONS (BUTEL),

ancestor of the Telecommunications Office or "TELOF".

1968-JUN-30

Memorandum of Understanding (MOU) between

Presidential Economic Staff and Department of National Defenseorganized the "Computer Center".

1971-JUN-12President Ferdinand Marcos signed Executive Order 322 establishing the

National Computer Center (NCC).

1979-JUL-28

President Ferdinand Marcos signed Executive Order 546 dividing theMINISTRYOF PUBLIC WORKS + TRANSPORTATION + COMMUNICATIONS (MPWTC)

intoMinistry of Public Works and Highways (MPWH)

andMinistry of Transportation and Communications (MoTC)

=

Bureau of Land Transportation (BLT)(ancestor of the "Land Transportartion Office" or "LTO")+

Bureau of Air Transportation+

Bureau of Posts+

BUTEL+

National Telecommunications Commission (NTC).

1987-JAN-30 President Corazon Aquino signed Executive Order 125 reorganizing MoTC.

1987-APR-13

President Corazon Aquino signed Executive Order 125-A reorganizing DoTC.

1987-JUN-19

President Corazon Aquino signed Executive Order 202 creating theLAND TRANSPORTATION & FRANCHISING REGULATORY BOARD (LTFRB)

which is under the supervision and control of the DoTC.

1989-MAY-23

President Corazon Aquino signed Executive Order 356 creating theInformation Coordinating Council

=DepEd + DoST + DTI + DoTC + NEDA.

1997-DEC-22

Republic Act 8436 mandates that the COMMISSIONON ELECTIONS (COMELEC)shall automate the elections and create a

COMELEC Advisory Council

=Department of Science and Technology (DoST)

+Information Technology Foundation of the Philippines

+University of the Philippines

+Philippine Computer Society (Representative 1)

+Philippine Computer Society (Representative 2)


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2004-JAN-12

President Gloria Arroyo signed Executive Order 269 creating the

COMMISSIONONINFORMATION & COMMUNICATIONTECHNOLOGY (CICT)=

NCC + TELOF + NTC + PhilPost + other DoTC units supporting communication.

2005-AUG-16President Gloria Arroyo signed Executive Order 454

returning NTC from CICT back home to DoTC.

2007-JAN-23

Republic Act 9369 amended the Election Automation Law.New COMELEC Advisory Council

=CICT + DoST + DepEd

+CICT Chair shall select

Academe Representative+

ICT Professional Organization Representative 1+

ICT Professional Organization Representative 2

+ICT Professional Organization Representative 3

+Non-Government Electoral Reform Organization 1

+Non-Government Electoral Reform Organization 2

2007-FEB-17President Gloria Arroyo signed Executive Order 603

returning TELOF from CICT back to DoTC.

2007-AUG-062008-DEC-24

President Gloria Arroyo signed Executive Order 648flip-flopping NTC from DoTC back to CICT

but publication of Executive Order 648 was much later on 24 December 2008.

2009-JAN-29President Gloria Arroyo signed Executive Order 780

flip-flopping TELOF from DoTC back to CICT.

2009-MAR-13CICT dominates finalization of REQUEST FOR PROPOSAL (RFP) for election automation.

COMELEC signs final RFP on 13 March 2009.

2009-MAR-23 Republic Act 9525 appropriates 11.30179 Billion Pesos for Election Automation.

2009-JUL-10 COMELEC signs contract with Smartmatic Total Info Management Corporation.

RESEARCH LINKS:

http://www.gmanews.tv/story/184670/noynoy-rejects-proposed-creation-of-infotech-dept

http://www.philstar.com/Article.aspx?articleId=566276&publicationSubCategoryId=64

http://www.youtube.com/watch?v=AkPt8392AF0

h t tp : / /www.abs -cbnnews .com/na t ion /04 /26 /10 /come lec -whis t leb lower -seeks - re fuge -among-nuns

http://philpost.gov.ph/web/philpost-plays-no-part-in-comelec%E2%80%99s-p56m-transport-bill/

h t tp : / /www.gmanews . tv /s to ry /189813 /now- i ts -ove rp r i ced -come lec -con t rac t - fo r -ba l lo t -packag ing

http://www.abs-cbnnews.com/nation/05/18/10/frank-chavez-presents-witnesses-pol l -fraud

h t t p : / / n ew s i n f o . i n q u i r e r . n e t / i n q u i r e r h e a d l i n e s / n a t i o n / v i ew / 2 0 1 0 0 5 2 6 - 2 7 2 0 7 0 / L i a r - L i a r -C ome l e c - e xe c - l o s e s - c o o l - k i c k s - c h a i r s

http://www.ellentordesillas.com/?p=11346

http://www.f i l ipino-tv.info/2010/06/bottomline-june-12-2010-whistleblower.html

http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20100629-278106/Locsin-May-polls-flawed


http://newsbytes.ph/2011/02/23/cict-chief-on-the-way-out/

http://newsinfo.inquirer.net/13683/comelec-may-get-new-it-provider-other-than-smartmatic-in-next-polls

http://www.gmanews.tv/story/184670/noynoy-rejects-proposed-creation-of-infotech-depthttp://www.philstar.com/Article.aspx?articleId=566276&publicationSubCategoryId=64http://www.youtube.com/watch?v=AkPt8392AF0http://www.abs-cbnnews.com/nation/04/26/10/comelec-whistleblower-seeks-refuge-among-nunshttp://philpost.gov.ph/web/philpost-plays-no-part-in-comelec%E2%80%99s-p56m-transport-bill/http://www.gmanews.tv/story/189813/now-its-overpriced-comelec-contract-for-ballot-packaginghttp://www.abs-cbnnews.com/nation/05/18/10/frank-chavez-presents-witnesses-poll-fraudhttp://newsinfo.inquirer.net/inquirerheadlines/nation/view/20100526-272070/Liar-Liar-Comelec-exec-loses-cool-kicks-chairshttp://www.ellentordesillas.com/?p=11346http://www.filipino-tv.info/2010/06/bottomline-june-12-2010-whistleblower.htmlhttp://newsinfo.inquirer.net/inquirerheadlines/nation/view/20100629-278106/Locsin-May-polls-flawedhttp://www.philstar.com/Article.aspx?articleId=601631&publicationSubCategoryId=63http://newsbytes.ph/2011/02/23/cict-chief-on-the-way-out/http://newsinfo.inquirer.net/13683/comelec-may-get-new-it-provider-other-than-smartmatic-in-next-pollshttp://www.philstar.com/Article.aspx?articleId=695329&publicationSubCategoryId=63http://www.philstar.com/Article.aspx?articleId=566276&publicationSubCategoryId=64http://www.youtube.com/watch?v=AkPt8392AF0http://www.abs-cbnnews.com/nation/04/26/10/comelec-whistleblower-seeks-refuge-among-nunshttp://philpost.gov.ph/web/philpost-plays-no-part-in-comelec%E2%80%99s-p56m-transport-bill/http://www.gmanews.tv/story/189813/now-its-overpriced-comelec-contract-for-ballot-packaginghttp://www.abs-cbnnews.com/nation/05/18/10/frank-chavez-presents-witnesses-poll-fraudhttp://newsinfo.inquirer.net/inquirerheadlines/nation/view/20100526-272070/Liar-Liar-Comelec-exec-loses-cool-kicks-chairshttp://www.ellentordesillas.com/?p=11346http://www.filipino-tv.info/2010/06/bottomline-june-12-2010-whistleblower.htmlhttp://newsinfo.inquirer.net/inquirerheadlines/nation/view/20100629-278106/Locsin-May-polls-flawedhttp://www.philstar.com/Article.aspx?articleId=601631&publicationSubCategoryId=63http://newsbytes.ph/2011/02/23/cict-chief-on-the-way-out/http://newsinfo.inquirer.net/13683/comelec-may-get-new-it-provider-other-than-smartmatic-in-next-pollshttp://www.philstar.com/Article.aspx?articleId=695329&publicationSubCategoryId=63http://www.gmanews.tv/story/184670/noynoy-rejects-proposed-creation-of-infotech-dept


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Please see in the attachments copies of the said questionable Executive Orders of formerPresident Gloria Macapagal Arroyo.

In a nutshell, a conspiracy of operators,with winks and whisper, hiding under thesmokescreen cloak of CICT expertise,dominated the TECHNICAL WORKING GROUP

(TWG) of the COMELEC Advisory Councilwhich prepared the REQUEST FOR PROPOSAL(RFP) for the procurement of electionautomation technology. The final RFPtailor-fitted and ensured that onlySmartmatic can emerge as the winner inthe bidding, even if honest personsconstitute the BIDS & AWARDS COMMITTEE(BAC). The RFP tied the hands of theBAC Chair into being nothing more than afront deodorant of the unseen powers.After awarding the contract on a silver

platter to Smartmatic, the operators usedsubstandard materials and work qualityto minimize cost and maximize kickbacks.

The violations are numerous.

Pictures at the right depict the scenario.At the height of the bidding, OmbudsmanMercisat at the left, while the CICT Chairsat at the right, of BAC ChairmanFerdinand T. Rafananwho is known forhis integrity (hence an ideal deodorantfront for the grand design). Behold! TheOmbudsman herself took center stage of

Public Relations (PR) Photo Ops demovouching for the Smartmatic machines.What in the world was the Ombudsmandoing in the midst of a bidding that hasnothing to do with her office?

The Supreme Court confirmed that the Ombudsman had indeed been meddling andinterfering actively in the affairs of COMELEC bidding. According to the Supreme Court:

On the same date, June 8, 2009, the Office of the Ombudsman, whichhad previously created Task Force "Poll Automation", submitted its

"Process Audit Observation Report." The Ombudsman Task Force alsofound the above proceedings and systems to be consonant with theConstitution, procurement laws, and RA 9369.

Harry Roque et al versus COMELEC & Smartmatic et alGR 188456 promulgated on 10 September 2009

see separate concurring opinion of Chief Justice Reynato S. Puno

DEMO BALLOT BOX

FAT PROMISES

ACTUAL BALLOT BOX

T H I N D E L I V E R I E S


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In the previous page are pictures of two ballot boxes. At the left is a photograph of a demoballot box which Smartmatic submitted during the bidding. At the right is a photograph ofthe actual quality of the Smartmatic ballot boxes for the 10 May 2010 elections. A ballotbox must have a translucent window so that the observing public may peep inside andconfirm the contents (or emptiness) of the ballot box. In the demo version, there are 16metal rivets attaching each translucent window pane to the box body. In the actual

deliveries, only 2 rivets and glue hold each window pane in place. The optical COMPACTDISC(CD) accompanying this letter contains a video showing Smartmatic workers applying gluein the ballot box assembly line. Therefore, we can easily burglarize the contents of a ballotbox by simply plucking out the 2 rivets. I (Melchor Magdamo) was able to do it with barehands. This is a classic case of minimizing cost to maximize kickbacks.

For example, during the printing of ballotsfor the 10 May 2010 elections, Smartmaticused 5 low-end printers, Kodak Versamarkmodel VL-2000 instead of model VL-4000.I, whistleblower Melchor Magdamo, am

willing to testify under oath, in public, andsubmit sworn statements proving that I was

actively monitoring the troubleshootingtests of the printers, and the crude attemptsto quick-fix countless malfunctions. Onethorny problem was the excessive vibrationsof the printers resulting to significantlynumerous erratic printout alignment of theinvisible ultraviolet ink markings, renderingthat crucial anti-fake ballot safeguarduseless to the PRECINCT COUNT OPTICAL SCAN(PCOS) sensors. Consequently, operatorssaw a new opportunity to plunder by snapbidding hand-held ultraviolet flashlights

with a budget of P30M. More notorious isthe P700M ballot secrecy folder mega scam.Another sinister anomaly known only totech forensic experts is the patay sindi(switch OFF ~ switch ON) of the PCOSsensors, victimizing candidates whosenames are in the second and third columns.

The proper authority must investigate thisserious anomaly deep inside the system.

That was 2010. Now there is a power vacuum in the CICT & COMELEC Advisory Council.It is a horrifying shock to learn that one of the shrewdest operator who was an officialmember of the Gloria COMELEC Advisory Council is now the Chairman of the PNoyCICT.

Just like a thief in the night, on or around 30 June 2010, while Gloria Macapagal Arroyowas handing over the Presidency to Benigno Noynoy Aquino, Glorias former ChiefJustice Hilario Davide recommended the appointment ofIvan John Enrile Uy as the newCICT Chairman. Swept by euphoria during the presidential inauguration, PNoy bypassed

his own Search Committee and swallowed the Davide maneuver hook-line-and-sinker,only to realize later that the Supreme Court had earlier kicked out this shady character forcorruption. The following internet links are neutral reports about Ivan John Enrile Uy:

Lawyer replaced by Supreme Court joins Noy governmentEdu Punay

The Philippine Starhttp://www.philstar.com/Article.aspx?articleId=601631&publicationSubCategoryId=63

2010 August 11
http://www.philstar.com/ArticleListByAuthorName.aspx?AuthorName=By+Edu+Punayhttp://www.philstar.com/Article.aspx?articleId=601631&publicationSubCategoryId=63http://www.philstar.com/ArticleListByAuthorName.aspx?AuthorName=By+Edu+Punayhttp://www.philstar.com/Article.aspx?articleId=601631&publicationSubCategoryId=63


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Chief Information Officers Forum"... ... ... The new CICT boss refused to share the circumstances that led tohis appointment, which came as a surprise to many as he was not among those whowere initially considered for the post."

http://www.pia.gov.ph/cioforum/?m=whatsnew&i=ivancictplatform2010 August 11

Bribery issue vs CICT head not yet settled AquinoAurea Calica

The Philippine Star

2011 January 02

http://www.philstar.com/Article.aspx?articleId=644577&publicationSubCategoryId=

NEWSBYTES Philippines

CICT chief is said to be on the way outBy Melvin G. Calimag

2011 Feb 23

http://newsbytes.ph/2011/02/23/cict-chief-on-the-way-out/

Since PNoy appointed only a Chairman and left the 4 Commissioner positions vacant,and from 1 July 2010 to 30 June 2011 the CICT never had a quorum, then we need this

ACTION PLAN FLOWCHART

____________________________________________________________________________________________

Contents of the Optical COMPACTDISC (CD)
http://www.pia.gov.ph/cioforum/?m=whatsnew&i=ivancictplatformhttp://www.pia.gov.ph/cioforum/?m=whatsnew&i=ivancictplatformhttp://www.philstar.com/ArticleListByAuthorName.aspx?AuthorName=By+Aurea+Calicahttp://www.philstar.com/Article.aspx?articleId=644577&publicationSubCategoryId=http://newsbytes.ph/2011/02/23/cict-chief-on-the-way-out/http://www.pia.gov.ph/cioforum/?m=whatsnew&i=ivancictplatformhttp://www.philstar.com/ArticleListByAuthorName.aspx?AuthorName=By+Aurea+Calicahttp://www.philstar.com/Article.aspx?articleId=644577&publicationSubCategoryId=http://newsbytes.ph/2011/02/23/cict-chief-on-the-way-out/


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MALACAANGManila

BY THE PRESIDENT OF THE PHILIPPINES

Executive Order 26912 January 2004

CREATING THECOMMISSION ON INFORMATION AND COMMUNICATIONS TECHNOLOGY

WHEREAS, Section 24, Article ll (Declaration of Principles and State Policies) of the 1987Constitution states that, "The State shall recognize the vital role of communication andinformation in nation-building";

WHEREAS, an enabling legal, policy and institutional environment to develop, promoteand advance INFORMATION AND COMMUNICATIONS TECHNOLOGY (ICT) is a prerequisite for thecontinued growth of the Philippine economy, the competitiveness of local industries andfirms, and the achievement of national development goals;

WHEREAS, the government recognizes that the development of ICT will have a higherchance of success and sustainability it is private sector-led, market-based andgovernment-enabled;

WHEREAS, the INFORMATION TECHNOLOGY AND ELECTRONIC COMMERCE COUNCIL (ITECC), createdpursuant to Executive Order 264 dated July 12, 2000 and amended planning andpolicy advisory body on development, promotion and application of national ICT ande-commerce initiatives;

WHEREAS, the creation of DEPARTMENT OF INFORMATION AND COMMUNICATIONS TECHNOLOGY (DICT)which will more effectively coordinate and implement national ICT programs, projects andother related initiatives is a priority of government, endorsed by ITECC, supported by the

private sector and presently under consideration in Congress;

WHEREAS, as a transitory measure, the formation of a national body that is not merelyadvisory in nature, and which will have a more active role in streamlining, managing,coordination, and implementing the various ICT-related plans and policies of government,

will immediately address the urgent need to harmonize and make the country's approachto ICT development more coherent and efficient;

WHEREAS, to be effective and efficient, such a national body, headed by a Cabinet rankedofficial, must be equipped with strong and clearly defined powers, appropriate manpowerand resources;

WHEREAS, the creation of such an empowered national body is broadly supported by theprivate sector, which is keen to work closely with government to encourage ICT-relatedbusiness and investment, enhance the skills of the country's workforce, pursue,meaningful legal and regulatory reform, continue to enhance the nation's informationinfrastructure, and promote e-governance, consistent with Philippine goals to compete inthe global ICT market;

WHEREAS, Section 31, Chapter 10, Title lll of the 1987 Administrative Code provides thePresident with continuing authority to reorganize the bureaucracy;

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Philippines, byvirtue of the power vested upon me by law, do hereby order:


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Section 1. Creation. A new body to be known as the Commission on Information andCommunications Technology, hereinafter referred to as the Commission, is herebycreated, and attached to the Office of the President.

Section 2. Mandate. The Commission shall be the primary policy, planning, coordinating,implementing, regulating, and administrative entity of the executive branch of Governmentthat will promote, develop, and regulate integrated and strategic ICT systems and reliable

and cost-efficient communication facilities and services. In fulfilling its mandate, theCommission shall be guided by the following policies:

a. To ensure the provision of strategic, reliable and cost-efficient ICT infrastructure,systems, and resources as instruments for nation-building and globalcompetitiveness.

"Information and Communications Technology" is defined as the totality ofelectronic means to collect, store, process and present information toend-users in support of their activities. It consists, among others, ofcomputer systems, office systems and consumer electronics, as well asnetworked information infrastructure, the components of which include thetelephone system, the Internet, fax machines and computers.

b. To ensure a policy and legal environment that will promote a level playing field,partnerships between the public and the private sectors, strategic alliances withforeign investors, balanced investments between high-growth and economically-depressed areas, and broader private sector participation in ICT development.

c. To foster and accelerate convergence of ICT facilities such as but not limited to thedevelopment of networks.

d. To ensure universal access and high-speed connectivity at fair and reasonable cost;e. To ensure the provision of information and communication services in areas not

adequately served by the private sector.f. To foster the widespread use and application of emerging ICT.g. To establish a strong and effective regulatory system that will ensure consumer

protection and welfare and foster a healthy competitive environment.h. To promote the development of ICT expertise in the country's human capital to

enable Filipinos to compete in a fast-evolving information and communication age.i. To ensure the growth of the ICT industries.

j. To preserve the rights of individuals to privacy and confidentiality of their personalinformation.

k. To encourage the use of ICT in support of efforts for the development andpromotion of the country's arts and culture, history, education, public health andsafety, and other socio-civic purposes.

Section 3. Composition. The Commission shall be composed of the NATIONAL COMPUTERCENTER (NCC), TELECOMMUNICATIONS OFFICE (TELOF), and all other operating units currentlyexisting in the DEPARTMENTOFTRANSPORTATIONANDCOMMUNICATION (DoTC), which directly supportCommunications, including the Telecommunications Policy and Planning Office. The

NATIONAL TELECOMMUNICATIONS COMMISSION (NTC) and the PHILIPPINE POSTAL CORPORATION (PhilPost)shall be attached to the Commission. The Commission shall be headed by a Chairmanwith a Cabinet Rank. He shall be assisted by the Director-General of the NCC, and theChief of the TELOF who, in addition to their current responsibilities, shall concurrentlyserve as Commissioners, and shall perform such functions as may be assigned by theChairman. In addition, he shall be assisted by two additional Commissioners as may beprovided in the structure and staffing plan to be determined pursuant to Section 6 hereof.

Section 4. Powers and Functions. To carry out its mandate, the Commission shallexercise the following powers and functions:

a. Formulate and recommend national policies and guidelines that will promote ICTand the wider use of the internet and other cyberspace infrastructures andexchanges of universal application, in consultation with the private business sector,relevant civil society institutions, and other private and public entities, such aseducational and training sectors;

b. Initiate, harmonize and coordinate all ICT plans to ensure their consistency withnational objectives and goals;

c. Establish and administer comprehensive and integrated programs for ICT at thenational, regional and local levels with due consideration to advances nconvergence and other emerging technologies; and for this purpose, may call on anyagency, corporation or organization, whether public or private, whose developmentprograms in ICT are an integral part thereof, to participate and assist in thepreparation and implementation of such programs;


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d. Design, implement, and ensure the protection of an integrated government informationand communications infrastructure development program that will coordinate allexisting plans, programs, proposals, software and hardware inventory, and the installedsystems and programs;

e. Provide an integrating framework and oversee the identification and prioritization of alle-government systems and applications as provided for in the Government InformationSystems Plan; manage and/or administer the e-Government Fund, which shall beinstitutionalized and included in the proposed annual national budget;

f. Coordinate with concerned agencies, the generation of resources, both governmentaland non-governmental, local, national and international, as may be appropriate in andfor the development, marketing, growth and competitiveness of the Philippine ICTIndustry;

g. Develop and implement, in coordination with concerned government agencies, acomprehensive ICT application capability in the national government and determine thepersonnel qualification and other standards essential to the integrated and effectivedevelopment and operation of government information and communicationinfrastructure;

h. Encourage and establish guidelines for private sector funding of ICT projects forgovernment agencies in order to fast-track said projects which provide reasonable cost-recovery mechanisms for the private sector, including but not limited to BUILD-OPERATE-

TRANSFER (BOT) mechanisms;

i. In coordination with the DEPARTMENT OF SCIENCE AND TECHNOLOGY (DoST), provide strategicdirection to government research and development programs in ICT;j. Establish and prescribe rules and regulations for the operation and maintenance of ICT

facilities in areas not adequately served by the private sector, in consultation withprivate business sector, civil society, and other private and public entities, such aseducational and training sectors;

k. Establish and prescribe rules and regulations for the operation and maintenance of anationwide postal system that shall include mail processing, delivery services, andmoney order services;

l. Administer and enforce all laws, standards, rules, and regulations governing ICT, andin coordination with the INTELLECTUALPROPERTY OFFICE (IPO) ensure the protection of ICT-related intellectual property rights;

m. In coordination with concerned agencies, ensure consumer protection and welfare, and

protect the rights of consumer and business users to privacy, security andconfidentiality;n. Harmonize, synchronize and coordinate with appropriate agencies all ICT and

e-commerce policies, plans and programs;o. Assist the DEPARTMENTOF TRADEAND INDUSTRY (DTI) in carrying out its functions related to

the promotion of trade and investment opportunities in ICT Services;p. In coordination with concerned agencies, promote strategic partnership and alliances

among between local and international ICT firms and institutions; R&D, educationaland training institutions; and technology providers, developers and manufacturers, tospeed up industry growth.

q. In coordination with concerned agencies, plan and/or implement such activities asmaybe appropriate and/or necessary to enhance the competitiveness of Philippine

workers, firms, and small to medium enterprises in the global ICT market.

r. In coordination with DEPARTMENTOF EDUCATION (DepEd), formulate policies and initiativeswith respect to IT education and the development, promotion and application of ICT ineducation.

s. Perform such other powers and functions as may be prescribed by laws or as may benecessary, incidental or proper to its mandate or as may be assigned from time to timeby the President.

Section 5. Agency Responsibilities. To carry out its mandate and objectives, the Commissionshall be complemented by the appropriate agencies and/or offices of government. TheChairman is hereby given direct supervision and control over the following agencies and offices:a. The NCC shall coordinate all e-government initiatives and the implementation of

government IT plans to facilitate better, more efficient, and more transparentservice.

b. The TELOF shall support the development of an information infrastructure with the

strategy and direction set by ITECC.c. Other operating units currently existing in the DoTC, which directly supportcommunications, including the Telecommunications Policy and Planning Office,shall be consolidated under the Office of the Chairman. The Commission shallalign its structure to be consistent with the strategic directions established byITECC, specifically e-government, information infrastructure, legal and regulatoryenvironment, human resource and business development. The Commission shallalso be supported by and coordinate with the NTC and the PhilPost as may beappropriate for and consistent with this Order. The NTC shall not exercise anypower which will tend to influence or effect a review or an modification of the NTC'squasi-judicial functions.


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Section 6. Structure and Pattern. The Commission shall submit for approval to the Officeof the President the organizational structure and staffing pattern of the Commission withinsixty (60) days from the issuance of this Executive Order.

Section 7. Periodic Performance Evaluation. The Chairman is hereby required to formulateand enforce a system of measuring and evaluating periodically and objectively theperformance of the Commission and to submit the same annually to the President.

Section 8. Implementing Rules and Regulations. The Chairman shall promulgate andissue such rules, regulations and other issuances within 60 days from the approval of thisExecutive Order as may be necessary to ensure the effective implementation of theprovisions of this Executive Order.

Section 9. Funding. To carry out the provisions of this Order, funds for the necessaryexpenses for the operations of the Commission, subject to existing accounting andauditing laws, and procedures.

Section 10. Transitory Provisions. In accomplishing the provisions herein prescribed, thefollowing transitory provisions shall be complied with:

a. The NCC, TELOF and other units currently existing in DoTC, which directly supportcommunications, are hereby transferred to the Commission to ensure an effectiveand coordinated implementation of ICT policies, programs and projects.

b. All regular or permanent employees who shall be affected by this executive ordershall not suffer my loss of seniority or rank or decrease in emoluments.

Section 11. Repealing Clause. All presidential acts, letters of instruction, executiveorders, rules and regulations, or parts thereof, which are inconsistent with the provisionsof this Executive Order, are hereby repealed, amended or modified accordingly.

Section 12. Effectivity. This Order shall take effect immediately.

DONE in the City of Manila, this 12th day of January, in the year of our Lord Two

Thousand and Four.

GLORIA MACAPAGAL ARROYOBy the President:

ALBERTO G. ROMULOExecutive Secretary


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MALACAANGManila


Executive Order 60313 February 2007

Transferring the Telecommunications Office (TELOF) and all other operating units

directly supporting communications technology to the direct supervision and controlof the Department of Transportation and Communications (DOTC).

WHEREAS, Executive Order 292, series of 1987, dated July 25, 1987, otherwise known as the"Administrative Code of 1987", mandates the DOTC to be the primary policy, planning,programming, coordinating, implementing, regulating and administrative entity of the ExecutiveBranch of the government in the promotion, development and regulation of dependable andcoordinated networks of communications systems as well as in the provision of fast, efficient andreliable communications services;

WHEREAS, Executive Order 269, series of 2004, which created the Commission on Informationand Communications Technology (CICT), has placed the TELOF and all other operating units then

existing in DOTC with directly support communications, including the Telecommunications Policyand Planning Office, under the direct supervision and control of the CICT;

WHEREAS, reverting to DOTC direct control and supervision of TELOF and all other operating unitscurrently existing in CICT, including the Telecommunications Policy and Planning Office, whichdirectly support communications, is necessitated by the present demands of national developmentand concomitant development projects as it will streamline bureaucracy operations andeffectively promote fast, efficient and reliable networks of communication system and services;

WHEREAS, under Section 31, Chapter 10, Title III, Book III of the Administrative Code, thePresident of the Republic of the Philippines has continuing authority to reorganize theadministrative structure of the Executive Branch and to transfer any agency under the Office ofthe President to another department or agency.

Now, therefore, I, Gloria Macapagal Arroyo, President of the Republic of the Philippines, by virtueof the powers vested in me by law, do hereby order:

Section 1. The TELOF and all other operating units currently existing CICT which directly supportcommunications, including the Telecommunications Policy and Planning Office, are hereby placedunder the direct supervision and control of the DOTC.

Section 2. These Offices shall continue to carry out their organizational mandates and objectives.

Section 3. All executive issuances, rules and regulations, or parts thereof, inconsistent with thisExecutive Order are hereby repealed, amended or modified accordingly.

Section 4. This Executive Order shall take effect immediately upon its publication in nationalnewspaper or general circulation.

Done in the City of Manila, this 13 February 2007.

GLORIA M. ARROYOBy the President:

EDUARDO R. ERMITAExecutive Secretary


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MALACAANGManila


Executive Order 78029 January 2009

Transferring the direct supervision and control of the TELECOMMUNICATIONSOFFICE (TELOF)

from the DEPARTMENTOFTRANSPORTATIONANDCOMMUNICATIONS (DoTC) to the COMMISSIONONINFORMATIONANDCOMMUNICATIONSTECHNOLOGY (CICT).

WHEREAS, Executive Order (EO) 269, series of 2004, which created the CICT, placed theTELOF and all other operating units then existing in DoTC that directly supportcommunications, including the Telecommunications Policy and Planning Office, under thedirect supervision and control of the CICT;

WHEREAS, EO 603, series of 2007, transferred the direct supervision and control of theTELOF and all other operating units directly supporting CICT to the DoTC;

WHEREAS, transferring the direct supervision and control of the TELOF and all other operating

units directly supporting communications to the CICT will enhance the effectivity andpromote faster, more efficient and reliable networks of communication system and services;

WHEREAS, the NATIONAL TELECOMMUNICATIONS COMMISSION (NTC) was attached to the DoTC before it wastransferred to the CICT pursuant to EO 648, series of 2007;

WHEREAS, Section 31, Chapter 10, Book III of the Administrative Code of 1987 grants thePresident the continuing authority to reorganize the Executive Branch of government.

NOW, THEREFORE, I, GLORIA MACAPAGAL ARROYO, President of the Republic of thePhilippines, by virtue of the powers vested in me by law, do hereby order:

Section 1. The TELOF and all other operating units directly supporting communications,including the Telecommunications Policy and Planning Office, are hereby placed under thedirect supervision and control of the CICT.

Section 2. The officers and staff of TELOF shall operate as the Office of the Chairman of CICT.

Section 3. All executive orders, rules and regulations and other issuances or parts thereof,which are inconsistent with this Executive Order, are hereby revoked, amended, or modifiedaccordingly.

Section 4. This Executive Order shall take effect fifteen (15) days after its publication in anational newspaper of general circulation.

DONE in the City of Manila, this 29th day of January in the year of Our Lord, Two Thousandand Nine.

GLORIA M. ARROYOBy the President:

EDUARDO R. ERMITAExecutive Secretary

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