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;

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  han robles virtual law library
 
6.  An assertion of whether or not the systems and products are Y2K ready.

1.  Awareness
2.  Assessment or Inventory
3.  Conversion and/or Replacement
4.  Testing
5.  Integration or Implementation

 
Section 1. Coverage. - This Act shall apply to all computer-based systems, products, and products with embedded systems. han robles virtual law library

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.

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.

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 15^th day of each month. The Commission or other government agencies shall inscribe a reference number in every disclosure received.

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.

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.

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". han robles virtual law library

 
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.

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.

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.

 
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).

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.

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.

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.

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.
 
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.
 
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.
 
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.

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.

 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.

Chairman - Director General, National Security Council
Co-Chairman - Chairman, Presidential Commission on Year 2000 Compliance

• Chairman, National Disaster Coordinating Council

• 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

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.

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

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.

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.

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.

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. 
 
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.
 
2.  Provide technical assistance in the preparation of necessary information materials on the country’s Y2K preparedness situation for nationwide dissemination.
 
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.
 
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.

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:



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;

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. han robles virtual law library
 

 
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.

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.

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.

Section 4. Effectivity Clause. - These Rules shall take effect immediately upon publication in a newspaper of general circulation. han robles virtual law library