CREATING THE PRESIDENTIAL FACT-FINDING COMMISSION ON GOVERNMENT INFORMATION TECHNOLOGY PROJECTS

WHEREAS, the investigation of the TOPWEB (The Office of the President Web)
controversy has been concluded with the submission of the Investigation
Committee’s final report;

WHEREAS, notwithstanding the conclusion of the TOPWEB investigation, the
information technology (IT) industry has been clamoring for a wider and deeper
probe into the integrity of other government IT projects;

WHEREAS, there has arisen a clear need not only to respond to such clamor
but also to conduct a survey of the government IT landscape with a view to the
formulation of policies and guidelines that will govern future projects;

WHEREAS, the government has become the country’s biggest customer of
computer systems, supplies and services.

NOW, THEREFORE, I, FIDEL V.
RAMOS, President of the Republic of the
Philippines, by virtue of the powers vested in me by law, do hereby order:

Section 1. The Presidential Commission. – There is hereby created a
Presidential Fact Finding Commission on Government Information Technology
Projects, hereinafter referred to as the Commission. The Commission shall
immediately begin its work after its constitution and shall accomplish its
objectives within three (3) months, after which, unless extended by the
President, it shall be dissolved.

Section 2. Composition. – The Commission whose members shall be appointed by
the President shall be composed of a Chairman and four (4) members two of whom
shall come from the IT private sector.

Section 3. Functions. – The Commission shall have the following objectives:

3.1. Review and, if necessary,
investigate the bidding rules, procedures, conduct and other circumstances of
large-scale government IT projects; “large-scale” for this purpose refers to
projects costing at least One Million Pesos (P1,000,000) and shall cover, but
not be limited to, those of the Department of Foreign Affairs (DFA), National Police
Commission (NAPOLCOM), Bangko Sentral ng Pilipinas (BSP), Land Transportation
Office (LTO), Government Service Insurance System (GSIS) and the Technical
Education and Skills Development Authority (TESDA);

3.2. Determine if any
irregularities have been committed in any of these and identify instances
calling for the filing of administrative, civil and criminal charges against
government personnel and private individuals, as the case may be;

3.3. Formulate policies and
guidelines to cover future government IT projects;

3.4. Draw up recommendations,
including proposed legislation if necessary, for the improvement of existing
regulations governing public IT projects, and

3.5. Submit monthly periodic
reports and one final comprehensive report to the President.

Section 4. Powers and Functions. – The Commission, in the attainment of its
objectives and in the discharge of its functions, is hereby empowered to:

4.1. Call on any department,
instrumentality or agency of the government for assistance and cooperation;

4.2. In accordance with existing
laws, regulations and procedures, issue compulsory processes to private
individuals, groups or organizations as well as government officials; cdasia

4.3. Through appropriate
diplomatic channels and with due regard to diplomatic considerations, request
for the cooperation of foreign governments; and

4.4. Promulgate its internal
rules and procedures to govern its mandate.

Section 5. Secretariat. – The Commission shall be assisted by a Secretariat
which shall provide administrative and office support to the Commission to be
composed of persons appointed by the Chairman.

Section 6. Technical Panel. – There is hereby constituted a Technical Panel
composed of recognized and responsible experts to be appointed by the Chairman
in the fields of information technology, finance, law and other relevant fields
to provide technical assistance and advice to the Commission. The Commission,
may also seek the full- or part-time detail of government personnel to it.

Section 7. Office. – In coordination with agencies of the Philippine
Government, including government-owned or controlled corporations, the
Commission shall be provided with appropriate and adequate office space.

Section 8. Funding. – The expenses of the Commission, including the honoraria
of its members and personnel, shall be charged to the President’s Contingent
Fund. An initial funding of Five Hundred Thousand Pesos (P500,000) is hereby
released therefrom.

Section 9. Effectivity. – This Executive Order shall take effect immediately.

DONE in the City of Manila, this 5th day of June, in the year of
Our Lord, nineteen hundred and ninety-six.

(Sgd.) FIDEL V.
RAMOS
President of the Philippines

By the President:

(Sgd.) RUBEN D. TORRES
Executive Secretary

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