Pursuant to the provisions
of Section 9, Republic Act No. 8747, the following rules and
regulations
are hereby promulgated.chanrobles virtual law library
RULE I
DEFINITION
OF TERMS
1. Act -
whenever
used in these rules shall refer to Republic Act No. 8747 otherwise
known
as the "Philippine Year 2000 Disclosure and Readiness Act".
2. Commission -
whenever used in these rules and regulations shall refer to the
Presidential
Commission on Year 2000 Compliance created by virtue of Executive Order
No. 14 issued on 19 August 1998.chanrobles virtual law library
3. Y2K
Solution
Provider - shall refer to any company or entity providing a Year
2000
remediation product or service.chanrobles virtual law library
4. Task Force
- shall refer to the National Y2K Contingency Task Force.chanrobles virtual law library
5. Y2K Bug or
Millennium
Bug - shall refer to the inability of computer-based systems and
products
which include software and hardware, and products with embedded
systems,
herein referred to as "systems and products" to function properly at
the
turn of the century.chanrobles virtual law library
6. Y2K
Compliant
Systems and Products - shall refer to systems and products that
have
satisfied the criteria defined by the British Standards Institute such
as:
1.
No value
for current date will cause any interruption in operation;
2.
Data-based
functionality
must behave consistently for dates prior to, during, and after the Year
2000;
3. In all
interfaces
and data storage, the century in any date must be specified either
explicitly
or by unambiguous algorithms or inferencing rules;
4. Year
2000
must
be recognized as a leap year;
or
other
criteria
identified by the Commission shall function as they are supposed to
function
after the turn of the century.chanrobles virtual law library
7. Y2K
Ready -
shall refer to the state inferred to persons or entities whose Y2K
compliant
systems and products, if interfaced with extraneous systems and
products,
may not necessarily produce Y2K compliance, but nevertheless have
already
in place a contingency plan to deal with the effects of the Y2K bug.chanrobles virtual law library
8. Embedded
Systems
- shall refer to processes or chips in computers, or in electronic,
mechanical or other products containing programmed instructions that
perform
control, protection and monitoring functions.chanrobles virtual law library
9. Life
Threatening
- shall refer to systems and products perceived to cause
health
hazards
or pose danger to personal safety if not remediated.chanrobles virtual law library
10. Year 2000
Processing
- shall refer to processing including calculating, comparing,
sequencing,
displaying, or storing and transmitting or receiving of data from,
into,
between the 20th and 21st centuries, and during
the
Years 1999 and 2000 and leap year calculations.chanrobles virtual law library
11. Maker
-
shall refer to a person or entity including the Philippine Government
or
any political subdivision thereof that develops, prepares and issues a
Year 2000 statement.chanrobles virtual law library
12. Year 2000
Statement
- shall refer to any communication or other conveyance of information
expressed
in plain written English by a party to another:
1.
Concerning
an assessment, projection, or estimate regarding Year 2000 processing
capabilities
or systems and products;
2. Concerning
plans,
objectives,
or timetables for implementing or verifying the Year 2000 processing
capabilities
of systems or products;
3.
Concerning
test
plans, test dates, test results or operational problems or solutions
related
to Year 2000 processing by systems or products;
4.
Reviewing,
commenting
on or otherwise directly or indirectly relating to Year 2000 processing
capabilities;
5.
Concerning
contingency
plans expressing at least worst case scenarios as a result of a Y2K
bug;
and
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6. An
assertion of
whether or not the systems and products are Y2K ready.chanrobles virtual law library
13. Year 2000
Readiness
Disclosure - shall refer to any written Year 2000 statement
submitted
by the maker to the Commission or to another concerned government
agency
as may be determined by the Commission, and assertion covered by
Section
4(i)(6) of the Act to private entities with whom the maker may have
transactions
with.chanrobles virtual law library
14. Year 2000
Remediation
Product or Service - shall refer to a licensed software program,
device
sold or service rendered by a person or entity specifically designed to
test and correct Year 2000 processing problems with respect to systems
and products manufactured or rendered by another person or entity.chanrobles virtual law library
15. Mission-critical
- shall refer to sectors belonging to utilities, telecommunications,
transportation,
finance, healthcare, manufacturing, and government services; or in
other
sectors and entities as may be determined by the National Security
Council
(NSC) after due publication in a newspaper of general circulation,
whose
impact is life-threatening, has the potential of affecting larger
groups
of the population and a greater impact on the economy, or may
jeopardize
national security, regardless of whether they are private or public
sectors
or entities.chanrobles virtual law library
16. Y2K
Remediation
- shall refer to all Y2K-related activities by an entity including
but not limited to the completion of the following five (5) stages:
1.
Awareness
2.
Assessment
or Inventory
3.
Conversion
and/or
Replacement
4. Testing
5.
Integration
or
Implementation
RULE II
DISCLOSURE
OF YEAR
2000
STATEMENT
Section 1. Coverage.
- This Act shall apply to all computer-based systems, products, and
products
with embedded systems.chanrobles virtual law library
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Section. 2. Entities
Required to Disclose. - All government entities, private
corporations,
partnerships, associations, and individuals within the mission critical
sectors as defined by the Act and this rules and who are engaged in
mission-critical
activities are required to disclose to the Commission or to other
government
agencies determined by the Commission their Year 2000 statement.chanrobles virtual law library
Section 3. Form and
Contents
of Year 2000 Statement. - Year 2000 Statement shall be made in a
disclosure
form provided by the Commission to be signed by the President or Chief
Executive Officer of the company or country manager/representative in
cases
of multinational companies or by the agency heads for government
agencies
and shall state the following:
a.
name and
address of the government or private entity;
b. nature of
business
or products and services;
c. business or
government
registration;
d. assessment,
projection
or estimate on the Y2K processing capabilities of their systems and
products;
e. plans,
objectives
or timetables for implementing or verifying the Y2K processing
capabilities
of their systems and products;
f. test plans,
dates
and results or other operational problems or Y2K solutions to their
systems
and products;
g. results of
review
and comments on their Y2K processing capabilities;
h. contingency
plans
expressing the worst case scenarios that may occur due to the Y2K bug;
i. assertion
whether
or not their systems or products are Y2K ready.chanrobles virtual law library
Section 4. Disclosure to
Consumer. - As part of the assertion mentioned in the preceding
section
made by manufacturer, distributor, importer or seller of any product
with
embedded chips and in addition to the minimum requirements enumerated
under
Article 77 of RA 7394 (Consumer Act of the Philippines) and its
implementing
rules and regulations, all labels and packaging of all computer systems
and other information technology-based product, which are actually Y2K
compliant, shall bear the phrase "Y2K Compliant". The Year 2000
readiness disclosure shall be made readily available upon demand.chanrobles virtual law library
Section 5. Year 2000
Statement
When and To Whom Submitted. - All Y2K Statements shall be
submitted
to the Y2K Commission or to other government agencies as determined by
the Commission through mail or by messenger no later than every 15th
day of each month. The Commission or other government agencies shall
inscribe
a reference number in every disclosure received.chanrobles virtual law library
Section 6. Publication
of Year 2000 Readiness Disclosure. - Only assertions made by
entities
within the mission critical sectors and those required by the
Commission
to disclose their Y2K statement shall be published once every month in
a newspaper of general circulation. The publication must include a
listing
of those entities that have asserted as being Y2K ready, not Y2K ready
or not having disclosed at all.chanrobles virtual law library
The Commission shall publish
the assertions every 30th of each month but only if it will not
prejudice
national security as determined by the National Security Council.chanrobles virtual law library
Entities within the mission
critical sectors may publish or advertise in print, broadcast media and
other collateral or in the web sites their Year 2000 Readiness
Disclosure
or Y2K Statement, provided it is consistent with the report submitted
to
the Commission or to other government agency and contain the statement
"In compliance of Republic Act 8747".chanrobles virtual law library
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RULE III
PROTECTION
AND
LIABILITY
ON
YEAR
2000 STATEMENT
Section 1.
Protection
to Maker of Year 2000 Statement. - Any of the assertions enumerated
in Section 4(i ) of Republic Act No. 8747, made in good faith, shall
not
be admissible against the maker of the disclosure to prove the accuracy
or truth of such assertions in any action brought against the Maker or
where the Maker is summoned at the instance of a defendant.chanrobles virtual law library
Such
assertions
shall be deemed not to have been made in good faith if:
a.
the assertion
was material to the cause of action;
b. where the
assertion
was with respect to the maker's own products or systems, that the
assertion
was made (i) with actual knowledge that the assertion was false,
misleading
or inaccurate, or (ii) with intent to deceive or mislead, or (iii) with
reckless disregard as to the accuracy of the assertion; and
c. where the
assertion
was with respect to the products or systems not the maker's own, that
the
assertion was made (i) with actual knowledge that the assertion was
false,
misleading or inaccurate, or (ii) with intent to deceive or mislead, or
(iii) without notice in that assertion that (1) the maker has not
verified
the contents of the republication, or (2) the maker is not the source
of
the assertion and such assertion is based on information supplied by
another
person or entity identified in that assertion.chanrobles virtual law library
Section 2. Liability for
Malfunctioning. - All manufacturers, distributors, producers,
importers,
vendors, dealers, entities covered by, but not limited to those listed
under Sec 4(l) of the Act shall be liable for damages under existing
laws
for any malfunctioning or defects of their systems and products by
reason
of not being Y2K ready.chanrobles virtual law library
Section 3. Effect of
Non-Disclosure.
- Failure of government entities, private corporations,
partnerships,
associations and individuals within the mission critical sector to
disclose
their Year 2000 statements
as required by Section 2 of Rule II
of
these Rules, shall create the disputable presumption that their
systems or products are not Y2K ready but only for purposes of any
action
brought by another party against them.chanrobles virtual law library
RULE IV
Y2K
REMEDIATION
Section 1. Y2K
Remediation
of Government Agencies. - All government agencies may undertake Y2K
remediation activities using Y2K solution providers either from the
private
or public sector, including the Technology & Livelihood Resource
Center
(TLRC).chanrobles virtual law library
Funds needed by individual
government agencies for their Y2K remediation activities and all other
Y2K activities shall be primarily sourced from the agencies' existing
appropriations
and savings. The government agency concerned may realign funds from any
budget expense class of existing agency programs and projects for Y2K
remediation
activities and directly related Y2K readiness activities. Prior
approval
by the DBM is not necessary for the realignment of funds by government
agencies.chanrobles virtual law library
Government agencies shall
submit to the Commission a summary report on their budgetary
realignments
and adjustments within thirty (30) days from such realignment or
adjustment.
Section 2. Canvassing
of Y2K Solutions. - All acquisition of Y2K solutions by government
entities shall be made through canvass notwithstanding the amount
involved.
The canvass shall be conducted by the concerned government entity;
however,
notice shall be given to the Commission and the TLRC prior to the
conduct
of canvassing and which notice shall be published once in newspaper of
general circulation.chanrobles virtual law library
The acquisition of Y2K
solutions
package after the canvass, including but not limited to procurement or
upgrading of computer equipment, systems and other IT resources, by a
government
entity shall not require prior clearance from any government agency.chanrobles virtual law library
Section 3. Canvassing
Procedures. - Canvassing of Y2K solutions for government agencies
shall
be made through the following procedures:
a. The
Canvassing
Committee existing in every government agency shall be responsible in
canvassing
the Y2K solutions for their agency.chanrobles virtual law library
b. Government
agencies
must choose from at least three (3) solution providers, including the
Technology
& Livelihood Resource Center, for their Y2K solutions and
indicating
therein the cost and quality of their respective products and/or
services.chanrobles virtual law library
c. The
Canvassing
Committee shall evaluate the proposals within seven (7) days and
thereafter
submit their evaluation to the Agency Head who shall have the sole
authority
to determine the most qualified solution provider.chanrobles virtual law library
d. Rules on
canvassing
provided in the preceding sub-paragraphs shall not apply if a
government
agency avails of the Y2K services and solutions of TLRC.
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Section 4. Review and
Validation.
- When deemed necessary by the Commission, the Y2k remediation
undertaken
by a private and government entity within the mission critical sector
shall
be reviewed and validated by an independent third party auditor duly
registered
with the Commission.chanrobles virtual law library
Section 5. Liability of
Government Heads. - Any head of government agencies who fail to
comply
with any provision of the Act and the Rules and Regulations issued
thereof
shall be charged administratively without prejudice to the filing of
civil
and criminal cases against them.chanrobles virtual law library
RULE V
CONTINGENCY
PLANNING
Section 1. Objectives.
- Pursuant to Section 11 of the Act, contingency planning shall be
formulated with the following objectives:
Create a
management
and
organizational structure and its networks and linkages to ensure
formulation,
implementation, and advocacy of national Y2K contingency plan;
Coordinate
formulation of
procedures for dealing with Y2K-related disasters to include
preventive,
corrective and restorative measures; and
Enhance
national
Y2K preparedness
through effective coordination of nationwide public information
activities.chanrobles virtual law library
Section 2. Creation and
Composition
of the National Y2K Contingency Task Force. - A National Y2K
Contingency
Task Force (NYCTF) is hereby created with the following agencies as
members:
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Chairman
-
Director
General, National Security Council
Co-Chairman -
Chairman,
Presidential Commission on Year 2000 Compliance
-
Chairman,
National Disaster
Coordinating Council
Members
-
Secretary,
DOE
-
Secretary, DPWH
-
Secretary,
DOTC
-
Secretary,
DOH
-
Secretary,
DOF
-
Secretary,
DTI
-
Secretary,
DBM
-
Secretary,
DILG
-
Secretary,
DOST
-
Director-General,
NEDA
-
Governor, BSP
-
Director-
General, NCC
-
Director-General,
TLRC
-
Director-General,
PIA
-
Director-General,
NICA
-
Commissioner,
NTC
The members may designate their
permanent alternates as their respective Action Officers to the Task
Force
whose ranks shall not be lower than Undersecretary or its equivalent.chanrobles virtual law library
Section 3. Function.
- The Task Force shall be the central coordinating mechanism for the
formulation,
advocacy, and implementation of a National Y2K Contingency Plan (NYCP).
The National Security Council, as lead agency, shall formulate the
National
Y2K Contingency Plan in collaboration with the Commission, the National
Disaster Coordinating Council (NDCC) and the OPRs and other support
agencies,
taking into consideration the contingency plans of entities within the
mission-critical sectors.chanrobles virtual law library
Section 4. Offices of
Primary Responsibility (OPR). - Specific agencies are hereby
designated
as the Offices of Primary Responsibility (OPR) to provide direction to,
and in coordinating with their respective private sector counterpart to
ensure the formulation, integration, advocacy and implementation of
Sectoral
Y2K Contingency Plans:
DOE/DPWH -
Power, Oil
and
Gas/Water
NTC -
Telecommunications/Broadcasting
DOTC -
Transportation
DOH - Healthcare
DOF/BSP - GFIs/Banks
DTI - Manufacturing
DBM/DILG - National
Gov't
Agencies/Local Government Units
Section 5. Specific Tasks.
- The Task Force shall have the following specific tasks:
a.
Provide
general approaches and strategies for effecting the appropriate
Y2K-related
emergency responses;
b. Manage and
coordinate
the development of Y2K contingency plans;
c. Oversee and
coordinate
contingency operations in the national, sectoral, and
regional/provincial
levels; and
d. Manage and
coordinate
the conduct of information campaigns to sustain order and public
confidence.chanrobles virtual law library
Section 6. Organizational
Set-up. - To support the National Y2K Contingency Task Force the
regional,
provincial, city and municipal disaster coordinating councils shall
constitute
themselves as the Y2K Contingency Task Forces for their particular
areas.
These task forces shall also create Technical and Administrative
Working
Groups to support their respective operations.chanrobles virtual law library
Section 7. Contingency
Operations. - The Task Force shall establish coordinating channels
to ensure effective implementation of Y2K contingency operations. A
National
Y2K Contingency Center (NYCC) shall be created by the Task Force to
address
coordination and operational requirements in the implementation of
national,
sectoral and local Y2K contingency plans. The Task Force shall ensure
that
the NYCC shall have in place intelligence, communications, alert and
feedback
systems to address its operational requirements. Likewise, sectoral
contingency
operations shall be implemented by the sectoral OPRs' nerve centers;
and
local contingency operations shall be implemented by the regional,
provincial,
city and municipal disaster action centers.chanrobles virtual law library
Section 8. Y2K Communication
Plan. - The Commission and Task Force shall implement a nationwide
information and advocacy campaign to generate public awareness on the
Y2K
problem and preparedness for its possible effects.chanrobles virtual law library
a. The
Philippine
Information Agency (PIA) shall be the primary agency to prepare and
implement
a communication plan to attain this objective. The PIA shall be
assisted
in its task by the Commission, the NDCC and the NSC. It shall prepare a
budget plan to support identified Y2K advocacy activities to be
endorsed
by the Commission and the NSC to the DBM for necessary funding.chanrobles virtual law library chanroblesvirtualawlibrary
b. The PIA
shall
effect
close coordination among national government, local government, and the
private sector within the identified seven mission critical areas in
conducting
calibrated information campaigns. The PIA shall also undertake the
following
tasks to ensure proper formulation of the Communication Plan:
1.
Undertake
calibrated information drives directed at the national, sectoral,
regional
and sub-regional levels.chanrobles virtual law library
2. Provide
technical
assistance in the preparation of necessary information materials on the
country’s Y2K preparedness situation for nationwide dissemination.chanrobles virtual law library
3. Design
communication
interventions and strategies and utilize media to effectively
communicate
Y2K-related information at all levels. It shall formulate key messages
and identify source strategies and resource persons and appropriate
channel
strategies in radio, print, television and other forms of media to
communicate
them to the public.chanrobles virtual law library
4.
Formulate
and implement
a dissemination strategy geared to: harnessing the resources of other
OPS
Bureaus; mobilizing the PIA regional offices to organize the national
and
local media during Y2K regional consultations as well as the regional
association
of government information offices; and, organizing a Y2K Speakers Pool.chanrobles virtual law library
RULE VI
CONGRESSIONAL
OVERSIGHT
COMMITTEE
Section 1. Composition.
-
The Congressional Oversight Committee on the Y2K bug shall be composed
of five (5) Senators and five (5) Members of the House of
Representatives
and co-chaired by the Chairs of the Committee on Science and Technology
of the Senate and House of Representatives.chanrobles virtual law library
Section 2. Contents of
Y2K Report. - Pursuant to the requirement of the Act and for
purposes
of appraising the Congressional Oversight Committee, the Commission and
the Task Force shall submit to the Committee on a monthly basis a
comprehensive
progress report that shall contain essential information on Y2K but not
limited to the following:
a.
consolidated
figures on budgetary realignment, use of savings, and other adjustments
by the implementing and concerned government agencies to include source
of funds to be re-aligned, the particular Y2K remediation and
contingency
activity to be funded, and the source of funds;
b.
assessment
report
on the state of Y2K readiness of the seven (7) mission critical
sectors,
and other sectors as may be determined by the NSC to include:cralaw:red
b-1.
progress of
Y2K remediation projects of individual entities;
b-2.
overall
progress of
Y2K sectoral remediation;
b-3.
problems
encountered;
and,
b-4.
recommendations
c.
status of
submission
of Y2K disclosure statements;
d. work
program of
all implementing agencies of the Act;
e. progress
report
on the Contingency Planning activities and updated National Y2K
Contingency
Plans; and
f. other
pertinent
information as may be required by the Committee;
Provided, that copy of
the report shall be furnished to the House Committee on Appropriations,
Senate Committee on Finance, the Committees on Science and Technology
of
both Houses, the Department of Budget and Management, and the
Commission
on Audit within thirty (30) days from any budgetary realignment.chanrobles virtual law library
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Section 3. Primary Function
of the Committee. - The report submitted by the Commission as
required
in the preceding section shall be reviewed and assessed by the
Committee
for appropriate action. The Committee may call on the Commission and
the
Task Force to respond, through letters, inquiries that it may deem
necessary
to be clarified. It may also call upon the Commission and the Task
Force
to appear in a forum designated by the Committee.chanrobles virtual law library
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RULE VII
FINAL
PROVISIONS
Section 1. Assistance
to the Commission. - The Commission, in addition to its powers and
functions provided under Section of Executive Order No. 14, may require
other government agencies to assist the Commission in the
implementation
and enforcement of the Act and other laws, rules and regulations issued
by reason thereof.chanrobles virtual law library
Section 2. Amendatory
Clause. - Any provisions of these Rules and Regulations may be
amended
by the implementing agencies and may take effect only after the
ratification
of the Commission.chanrobles virtual law library
Section 3. Separability
Clause. - If any provision or portion of these Rules is declared
invalid
or unconstitutional, the remaining portions or provision hereof shall
continue
to be valid and effective.chanrobles virtual law library
Section 4. Effectivity
Clause. - These Rules shall take effect immediately upon
publication
in a newspaper of general circulation.chanrobles virtual law library
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Approved by the Presidential
Commission on Year 2000 Compliance on the ninth day of July, nineteen
hundred
and ninety nine in Makati City.chanrobles virtual law library
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