A DRAFT ORDINANCE CREATING THE INFORMATION AND COMMUNICATIONS

TECHNOLOGY (ICT) COUNCIL OF THE PROVINCE OF ILOCOS SUR, DEFINING ITS

POWERS AND FUNCTIONS AND FOR OTHER PURPOSES
Authored byMaria Mikaela Karita S. Mendoza

WHEREAS,Information and Communications Technology (ICT) is globally, nationally and

regionally recognized as powerful tool that enables and promotes the development of both
the public sector and the commercial activities of the private sector by providing its users
with high volume and high-speed data management, enormous computing power, and
extensive and wide area of communications capability for accessing and sharing information;

WHEREAS,Executive Order No. 264 created the Information Technology and Electronic
Commerce Council (ITECC) which shall function as the primary planning and policy advisory
body on development, promotion and application of national information and
communications technology and e-commerce initiatives; 

WHEREAS, the ICTCouncils and local counterparts of ITECC play an integral role in the
growth and development of the ICT industry and local economy by providing a unified front
for the Information Technology-Business Process Outsourcing (IT-BPO) to industry
promotion and networking and collaboration with the government;

WHEREAS,the provincial government of Ilocos Sur recognizes the vital role of information
and communication technology in community advancement and the need on the part of the
local government unit to take part fully in all forms and methods of productive activities and
developments currently taking place within the field of information and communications
technology in order to cause and propel economic growth as provided in Republic Act
10844;

WHEREAS,the provincial government of Ilocos Sur acknowledge the need to create the
Information and Communication Technology (ICT) Council made up of the key officials of the
Provincial Government, Department of Information and Communication Technology, the
Information and Communication Technology Section of the Province and other local
government units and private sector stakeholders;

WHEREAS, there is a need to deliver and provide a secure legal framework to govern the
existence and usage of its website and information and technology system and network
facility for the purpose of protecting the integrity of electronic documents virtually stored
thereat, as well as published thereby, including its transmission and communication to
increase public trust and reliance therewith and protect the right to privacy and private
data which by all means must be protected; (A cursory look thereof reveals the fact
that the Ordinance mentions protection of the integrity of electronic documents
virtually stored in the website as well as published thereby, including its transmission
and communication. There is no mention whatsoever of the protection of the right to
privacy and private data.)

NOW THEREFORE BE IT ORDAINED, by the Sangguniang Panlalawigan that;

Section 1. Short Title – This piece of legislation shall be known as the “Information and
Communications Technology (ICT) Council Ordinanceof the Province of Ilocos Sur.”
(to make clear and emphasize that the Ordinance shall cover and take effect in the
whole Province of Ilocos Sur)
Section 2. Declaration of Policy – There shall be created the Information and
Communications Technology (ICT) Council of the Province of Ilocos Sur;

Section 3. Mandate – The mandate of the Council shall consist of:

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

b) To promote digital literacy, ICT expertise, and knowledge-building among citizens to

enable them to participate and compete in an evolving ICT age;

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

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

e) 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 in the
province;

f) To ensure general access to quality, affordable, reliable and secure services;

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

h) 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; and

i) To provide oversight over local government offices 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.
Section 4. Composition – The Council shall be composed of the following:(with all due
respect, the composition of the Council consists only of the various heads of
departments/agencies of the government. There is no mention of the various sectors
of society so as to make it democratic and truly representative of the people, except
for Indigenous People. That being the case, it is hereby recommended that various
sectors of society such as youth and students, women,workers, the poor and
underprivileged, seniors and the like must have their respective representatives as
Member of the Council)
 a) Chairperson – Governor
b) Vice Chairperson – Vice Governor
c) Members:
 Chairperson of the Committee on Communication and Information
Technology;
 Chairperson of the Committee on Education;
 Chairperson of the Committee on Indigenous Peoples;
 Chairperson of the Committee on Trade and Industry and Industrial
Development;
 Chairperson on the Committee on Infrastructure
 Provincial Chief of the Department of Information and Communications and
Technology (DICT);
 Head of the Management Information SystemOffice (MIS);
 Head of the Provincial Information Office (PIO);
 Representative from Provincial Planning and Development Office (PPDO);
 Representative from the Department of Education (DepEd);
 Representative from Commission on Higher Education (CHED);
 Department of Labor and Employment (DOLE) —Provincial Director;
 Department of Trade and Industry (DTI) — Provincial Director;
 Department of Science and Technology (DOST) — Provincial Director;
 Philippine National Police – Chief of Police;
 Representative from Technological Educational Skills Development Authority
(TESDA);
 Representatives from IT Colleges;
 Internet Providers (Smart, Globe Telecom and PLDT)
 Media (Print and Broadcast)

Section 5. Meetings. The Council shall meet once every month to tackle new and
pending matters involving the operations, powers and functions of the Council and
the like.

(it can be observed that there is no provision on the meetings of the Council. That
being the case, it is hereby recommended to include Section on the meetings of the
Council to become Section 5 of the Ordinance)

Section 6. 5. Powers and Functions – The Council shall exercise the following powers and
functions:

a) Policy and Planning

 Formulate, recommend and implement local policies, plans and programs and
guidelines that will promote the development and use of ICT with due
consideration of emerging technologies.
 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 local government
objectives. 
 Provide an integral framework in order to optimize all local government
systems and applications.
b) Improved Public Access
 Propose rules and regulations for the formation, operation and maintenance
of ICT Infrastructures.
  Establish a free internet service that can accessed in government offices and
public areas using the most cost-effective telecommunications technology,
through partnership with private service providers as may be necessary.
c) Resource-Sharing and Capacity-Building 
 Coordinate with all existing local and national ICT plans and initiatives to
ensure knowledge, information and resource-sharing, database-building and
agency-networking linkages among government agencies.
 Ensure the development and safety of integrated government ICT
infrastructures and designs, taking into consideration the inventory of existing
manpower, plans, programs, software, hardware and installed systems.
 Assist and support in the dissemination of vital information essential to
disaster risk reduction in coordination with the Provincial Disaster Risk
Reduction Management (PDRRM) and the Provincial Information Office
(PIO).
 To be a catalyst between the National ICT Confederation of the Philippines
(NICP) and the LGU for NICP-led programs.
d) Provide guidelines and policies on the use of ICT facilities
e) Provide guidelines for the rational, equitable and fair access to all users of all
ICT Facilities and resources which shall be intended strictly for work-related
activities.
f) Formulate policies which shall govern all the component and security
management network of the Province of Ilocos Sur system which shall include
but not limited to user log-in, user responsibilities, etc.
g) Such other functions and responsibilities as the Chairperson or, in his
absence, the Vice Chairperson, may order or require. (A cursory look at the
power and functions of the Council shows that the Ordinance empowers the
ICT Council to determine and define which acts are prohibited by and contrary
to law and the Ordinance itself and in the same Section 5 now Section 6 , the
ICT COUNCIL is further empowered to impose and/or prescribe the appropriate
penalties. This consists in undue delegation of legislative power. The power to
determine and define prohibited acts and impose and/or prescribe the
appropriate penalties is essentially a legislative power that belongs to the law-
making body (national or local). Hence power should be removed from the ICT
Council, and Section 5 (now Section 6) of the Ordinance be amended
accordingly. Identify violations, prohibited acts, practices and misuse of ICT facilities
 Provide guidelines for the rational, equitable and fair access to all users of all
ICT Facilities and resources which shall be intended strictly for work-related
activities.
 Formulate policies which shall govern all the components and security
management network of the Province of Ilocos Sur system which shall
include, but not limited to, user log-in, user responsibilities, etc.
 Identify prohibited acts and use of ICT resources which shall include but not
limited to, uses contrary to laws, customs, morals and ethical behavior, uses
for personal benefit, business or partisan activities, games and entertainment,
acts that damage the integrity, reliability, confidentiality and efficiency of the
ICT systems, acts that encroach the rights of the users, acts which violate
privacy and acts that waste resources.
e) Provide for the disciplinary actions for the violations stated above as well as the
corresponding penalties therefor:
 Prescribe disciplinary actions in relation to the prohibited acts or prohibited
uses hereof which shall observe the following:
i. Violations or prohibited acts/usage shall be subject to penalties.
ii. All disciplinary action proceedings shall follow the Civil Service
Commission Uniform Rules and Regulations on Administrative cases,
 legal actions provided by applicable Philippine laws, or any pertinent
local ordinance.
iii. Penalties for Non-LGU Personnel. Any non-LGU personnel found
guilty violating any of the provisions set forth in this Ordinance, shall
be barred from entering any LGU premises. Furthermore, appropriate
charges may be filed in court if offenses are punishable under the E-
commerce Law, any other applicable Philippine laws and pertinent
local ordinance.
iv. The LGU employee who gave permission to the visitor to access the
LGU network shall also be held liable administratively, for all the
violations that the visitor has committed, without prejudice to the filing
of other civil or criminal charges depending on the nature or gravity of
the violation.
 Formulate a table of violation for administrative offenses and table of offenses
with prescribed penalties therefor; and
 Formulate an enforcement procedure thereto.

Section 7. Prohibited Acts – it shall be unlawful for any person to do, abet, encourage
and/or support the doing of the following acts in violation of the Ordinance,
particularly Section 7 hereof, involving the use of ICT facilities, systems or resources:

1. Acts that destroy the integrity, reputation and social standing of a person,
natural or jurisdiction,
2. Acts that violate individual right to privacy and confidentiality of personal
information;
3. Acts that encroach the right of ICT users and/or hack Facebook, Twitter,
Instagram and other social media accounts;
4. Acts that prejudice or prevent the equitable and fair access to all users of
ICT facilities and resources.
5. Acts that hinder or deter broader private sector participation in ICT
development;
6. Acts that deter or impede universal access and high speed connectivity at
fair and reasonable cost, particularly in order to the price/profits of internet
providers.
7. Acts that deter or impede the provision of information and communication
services in areas not adequately served by the private sector, particularly
in order to increase communication/internet service providers;
8. Acts that deter or prejudice the dissemination of, or distort vital information
essential to disaster risk reduction;
9. Acts constituting or that amount to unfair competition and/or destroying
the business name/ good will of a particular business entity or industry;
10. Acts that hinder the growth and development of a particular industry;
11. Acts constitutes of or leading to economic sabotage;
12. Acts that impede or stifle ICT-related business and investment and
downgrade or retrogresses the skills of the province’s workforce;
13. Acts that prejudice or impede strategic alliances with foreign investors as
well as the balanced investments between high-growth and economically
depresses areas;
14. Acts that prejudice or deter the growth of electronic commerce, an ICT-
driven activity that seeks to enhance provincial global trade
competitiveness;
15. Acts that prejudice or prevent the growth of ICT industries;
16. Acts that prejudice and/or hinder the formation, operation and maintenance
of ICT Infrastructures;
 17. Acts that waste resources in relation to ICT facilities, systems and
infrastructures;
18. Acts that prejudice or damage the integrity, reliability, confidentiality and
efficiency of ICT system;
19. Acts that prejudice or deter the development and safety of integrated
government ICT infrastructures and designs;
20. Acts that prejudice or impede the provisions of strategic, reliable and cost-
efficient information and communication technology (ICT) infrastructure
system and resources as instrument for province building and national
global competitiveness;
21. Acts that prejudice, hinder or destroy ICT programs, projects and other
related initiatives;
22. Acts that prejudice or hinder the implementation of ICT-related plans,
policies and programs of the provincial government;
23. Acts that make the province’s approach to ICT development disordered,
incoherent and inefficient;
24. Acts that deter or destroy the growth of the province’s information
infrastructure, e-governance inconsistent with the province’s goals to
compete in the global ICT Market;
25. Use of ICT facilities, infrastructures and resources for non-work related or
illegal activities;
26. Any other act involving ICT facilities, infrastructures, systems and/or
resources analogous to the foregoing or contrary to law, public morals,
good customs and/or public policy.

(the Author to determine and define the prohibited acts. She may get part of the
Prohibited Acts above cited remaining portions of Section 5 (Powers and Functions)
which have been removed as constitutive of undue delegation of legislative powers)

Section 8. Penalties – The following penalties shall be imposed upon any person
natural or juridical found to have violated the provisions of this Ordinance particularly
Section 7 (Prohibited Acts) hereof:

_______________ for the First Offense P1,000.00

_______________ for the Second Offense, P3,000.00
_______________ for the Third and subsequent Offense. P5,000.00

(The Local Government Code provides that no penalty shall be impose by the
Sangguniang Panlalawigan more than P5,000.00 THEREOF)

This is without prejudice to the filing of the appropriate administrative civil and
criminal actions against the offender as the circumstances may warrant. Consistent
with the Civil Service Law and Revised Penal Code and Civil Code. If the offender is a
minor, the appropriate penalty shall be imposed upon the parent or guardian of the
minor pursuant to Republic Act No. 10630, without prejudice to the minor being
required to undergo a proper intervention program being implemented by the
City/Municipal Social Welfare and Development Office of the City/Municipality where
the minor resides.

Section 9. Implementing, Rules and Regulations – The Chairperson, or in his absence,

the Vice Chairperson of the Council shall designate the proper Agency and
Committee to formulate the Implementing Rules and Regulation for the
implementation of this Ordinance
Section 10. Secretariat – The Head of the Management Information System Office (MIS)
shall be designated as the Secretariat of the Information and Communications Technology
(ICT) Council.

Section11. Repealing Clause – All provisions of local ordinances, orders and resolutions
inconsistent herewith are hereby repealed and/or modified accordingly.

Section 12.Separability Clause – Should any portion of this Ordinance be declared ultra
vires or unconstitutional by competent authority, the remainder not so affected shall continue
to be in full force and effect as it is susceptible to enforcement and application.

Section 13. Effectivity – This Ordinance takes effect immediately upon its publication in a
newspaper of general circulation.

Enacted on _________ at Vigan City, Ilocos Sur.