MALACANANG
PALACEManilaBY
THE PRESIDENT OF THE PHILIPPINESEXECUTIVE
ORDER NO. 14ESTABLISHING
THE PRESIDENTIAL COMMISSION ON
YEAR 2000 COMPLIANCE
WHEREAS,
consistent with State policies as enunciated under Section 24, Article
II of the Constitution, which states that "The State recognizes the
vital
role of communication and information in nation-building";
WHEREAS,
the Constitution also provides, in Section 10, Article XIV, that
"Science
and technology are essential for national development and
progress.
The State shall give priority to research and development, invention,
innovation
and their utilization; and to science and technology education,
training
and services. It shall support indigenous, appropriate and
self-reliant
scientific and technological capabilities and their application to the
country's productive system and national life";
WHEREAS,
the Constitution further provides, in Section 12, Article XIV, that
"The
State shall regulate the transfer and promote the adaptation of
technology
from all sources for the national benefit. It shall encourage the
widest participation of private groups, local governments and community
organizations in the generalization and utilization of science and
technology";
WHEREAS,
the Philippines, as a member of the global community is facing the
enormous
Year 2000 computer problem also known as the "Y2K Bug" or the
"Millennium
Bug";
WHEREAS,
the "Y2K Bug" or "Millennium Bug" is a result of the general practice
of
using two digits, instead of four, to represent a year and keep track
of
the date, for efficiency in software programming;
WHEREAS,
as a consequence of this practice, most computer systems will - on or
before
January 1, 2000 - recognize "double zero" ["00"] in dates not as 2000
but
as 1900;
WHEREAS,
the "Y2K Bug" or "Millennium Bug", if not fixed, will wreak havoc on
computer-based
systems - cause computers to generate erroneous data and lead to system
crashes that may disrupt business operation and vital utilities and
public
services;
WHEREAS,
the "Y2K Bug" or "Millennium Bug" will affect domestic business and the
financial community as it may result to warranty disclaimers, liability
caps, corporate mismanagement liabilities and potential third-party
damages
in computer-based and computer-assisted systems;
WHEREAS,
the damage the problem will cause could lead to economic and financial
crisis that will threaten the security of the nation;
WHEREAS,
the enormity of the problem impels the creation and establishment of a
body in the highest levels of government to direct and coordinate all
efforts
for Year 2000 compliance to avert the threat the "Y2K Bug" or the
"Millennium
Bug" poses to the nation.
NOW,
THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Philippines, by
virtue of the powers vested in me by the Constitution, do hereby order:chanroblesvirtuallawlibrary
SECTION
1. Presidential Commission on Year 2000 Compliance.
-
There is hereby created a Presidential Commission on Year 2000
Compliance,
hereinafter referred to as the Commission, under the Office of the
President.
The Commission shall be composed of the Presidential Consultant on
Computer
Education as Chairman; and the Secretary of Trade and Industry,
Secretary
of Science and Technology, the Managing Director of the National
Computer
Center, the Director General of the Technology and Livelihood Resource
Center and three representatives from the private sector as members who
shall be appointed by the President upon the recommendation of the
ex-officio
members of the Commission. They shall be persons of good moral
character
and of recognized competence in the field of information technology,
law,
economics, finance, banking, commerce, industry or engineering.
They
shall serve for a term of three years.
The
Commission shall be organized and hold its first meeting within thirty
(30) days from the promulgation of this Executive Order.
SEC.
2. Powers and Functions of the Commission. - The Commission
shall
have the following powers and functions:chanroblesvirtuallawlibrary
a.
To conduct and complete a study on the extent and cost of the damage
that the "Y2K Bug" or "Millennium Bug" shall cause to both the
public
and private sectors and to the financial well-being of the country as
well
as the state of readiness of both sectors for the Year 2000;
b.
To establish a comprehensive two-year Year 2000 Compliance Plan
that shall serve as guide in the implementation of swift, concrete and
effective programs to ensure the nation's readiness for the Year 2000;
c.
To recommend incentives for companies and government institutions
that undertake Year 2000 compliance work;
d.
To undertake concrete and effective action against the dumping into
the Philippine territory of hardware and software and information
technology-based products that are not Year 2000 compliant;
e.
To promote general awareness on the urgent and critical issues of
the problem and to undertake initiatives and programs aimed at
tackling the "Y2K Bug" or the "Millennium Bug";
f.
To monitor the status of actual Year 2000 compliance by the
private
and public sectors particularly on systems of critical
infrastructure
providers;
g.
To establish and maintain close relationship, with the view of
sharing
and obtaining up-to-date information, with local and international
experts and bodies in the field, particularly with those who are
active in Year 2000 compliance efforts, for strategy formulation;
h.
To enter into joint projects with the Department of Science and
Technology, Department of Education, Culture and Sports,
National Computer Center, and other appropriate government
and private sector agencies in the pursuit of its objectives;
i.
To submit periodic and annual reports to the President regarding
the activities of the Commission;
j.
To recommend the modification/amendments of existing laws, rules,
regulations and procedures to remove impediments to the swift,
effective and efficient implementation of the programs and
activities
of the Commission;
k.
To complete the task of making computer-based system of all
government institutions Year 2000 compliant by September 30, 1999.
SEC.
3. Meetings, Quorum and Secretariat. - The Commission
shall
meet at least twice a month, or as often as necessary at the discretion
of the chairman or upon the request of a majority of the members of the
Commission. The presence of a majority of the members of the
Commission
shall constitute a quorum.
A secretariat
shall be organized by the Commission on its organizational meeting.
SEC.
4. Honoraria and Allowances. - The Commission shall
provide
for honoraria and allowances for Commission members and its personnel
subject
to existing rules and regulations.
SEC.
5. Chairman and Vice Chairman of the Commission. - The chairman
shall preside over the meetings of the Commission and shall implement
its
decisions. He shall exercise over-all supervision and control of
the operations and programs of the Commission.
The
Commission shall elect from among its members a vice chairman who shall
act as chairman in case the chairman is unable to temporarily perform
his
functions or in case of vacancy in the Office of the Chairman. He
shall perform such other functions as may be assigned to him by the
Chairman.
SEC.
6. Technical and Administrative Staff. - The Commission
shall
organize its technical and administrative staff under the Secretariat
to
be headed by an executive director who shall be designated by the
chairman.
The executive director shall have at least five (5) years relevant
experience
in technical and administrative matters. H shall hold office on a
full time basis and shall not be removed except for cause. The
technical
and administrative staff shall be composed of personnel also to be
designated
by the chairman. They shall receive such salary and remuneration
as may be determined by the Commission, subject to existing rules and
regulations.
SEC.
7. Term of the Commission. - The Commission shall cease to
exist on June 30, 2000 unless its term is extended by an act of
Congress
or by the President.
SEC.
8 Rules and Regulations. - The Commission shall
promulgate
the rules and regulations to implement the provisions of this Executive
Order. Such rules and regulations shall take effect fifteen (15)
days after their publication in a newspaper of general circulation.
SEC.
9. Separability Clause. - The provisions of this
Executive
Order are hereby declared to be separable and in the event any
provisions
or part thereof is declared unconstitutional the other provisions or
parts
thereof which are not affected thereby shall remain in full force and
effect.
SEC.
10. Repealing Clause. - All laws, decrees, executive
orders,
administrative orders, rules and regulations inconsistent herewith are
hereby repealed, amended or modified accordingly.
SEC.
11. EFFECTIVITY. - This Executive Order shall take effect
immediately.
DONE
in the City of Manila, Philippines, this 19th day of August in the year
of Our Lord, Nineteen Hundred and Ninety-Eight.
[Sgd.]
JOSEPH EJERCITO ESTRADAPresident
By
the President:chanroblesvirtuallawlibrary
[Sgd.]RONALDO B. ZAMORA
Executive Secretary
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