ELECTRONICS AND COMMUNICATION ENGINEERING EXECUTIVE ORDERS, Study notes of Electronics engineering

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EXECUTIVE ORDER NO. 109 (July 12, 1993) POLICY TO IMPROVE THE PROVISION OF LOCAL EXCHANGE CARRIER SERVICE WHEREAS, local exchange service is fundamental to the goal of providing universal access to basic and other telecommunications services WHEREAS, during the development phase, cost-based pricing of services such as national and international long distance and other telecommunications services may be employed to generate funds which my then be used to subsidize the local exchange service; WHEREAS, while the telecommunications sector as a whole is profitable, the profits mainly come from the toll services particularly from the international long distance service; and WHEREAS, there is a need to promulgate new policy directives to meet the targets of Government through the National Telecommunications Development Plan (NTDP) of the Department of Transportation and Communications (DOTC), specifically: (1) to ensure the orderly development of the telecommunications sector through the provision of service to all areas of the country, (2) to satisfy the subserviced demand for telephones and (3) to provide healthy competition among authorized service providers. 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. Definition of Terms. The following definitions shall apply within the context of this policy: (a) Basic Telecommunications Service - refers to local exchange residence and business telephone service and telegraph service without additional features; (b) Cost-based pricing - refers to a system of pricing in which the actual cost of providing service establishes the basic charge to which a fixed mark-up is added to collect a standard charge to all users without discrimination; (c) Local Exchange Carrier Service - refers to a telecommunications service, primarily but not limited to voice-to-voice service, within a contiguous geographic area furnished to individual Subscribers under a common local exchange rate schedule; (d) Value-based pricing - also known as value of service pricing refers to a system of pricing where cost of .service establishes the minimum charge and a variable mark-up is added to collect revenue from those who value .the service more highly; and (e) Universal Access - refers to the availability of reliable and affordable telecommunications service in both urban and rural areas of the country. Section 2 Objective. The objective of this policy is to improve the provision of local exchange service in unserved and underserved areas as defined by the National Telecommunications Commission (NTC), thus promoting universal access to basic telecommunications service. Section 3. General Policy. The Government shall pursue the policy of democratization in the ownership and operation of telecommunication facilities and services. Section 4. Cross-Subsidy. Until universal access to basic telecommunications service is achieved, and such service is priced to reflect actual costs, local exchange service- shall continue to be cross-subsidized by other telecommunications services within the same company. Section 5. Service- Packaging. Authorized international gateway operators shall be required to provide local exchange service in unserved and underserved areas, including Metro Manila, within three (3) years from the grant of an authority from the NTC, Section 6. Subsidiary. The subsidiaries of a public telecommunication carrier operating an authorized international gateway shall not be allowed to operate another gateway in accordance with Executive Order No. 59 (1993). Section 7. Cellular Mobile Telephone System. Authorized international gateway operator may also be authorized to provide Cellular Mobile Telephone System (CMTS) service and other non- basic telecommunications service which are possible source of subsidy for local exchange carrier service. WHEREAS, there is a need to maximize the use of telecommunications facilities available and to encourage investment in telecommunications infrastructure by service providers duly authorized by the National Telecommunications Commission (NTC); WHEREAS, there is a need to ensure that all users of the public telecommunications service have access to all other users of the service wherever they may be within the Philippines at an acceptable standard of service and at reasonable cost; WHEREAS, the much needed advancement in the field of telecommunications and expansion of telecommunications services and facilities will be promoted by the effective interconnection of public telecommunications carriers or service operators; WHEREAS, the Supreme Court of the Philippines, in the case of Philippine Long Distance Telephone Co. v. The National Telecommunications Commission [G.R. No. 88404, 18 October 1990, 190 SCRA 717, 734], categorically declared that "Rep. Act No. 6849, or the Municipal Telephone Act of 1989, approved on 8 February 1990, mandates interconnection providing as it does that 'all domestic telecommunications carriers or utilities . . . shall be interconnected to the public switch telephone network.'"; WHEREAS, under Executive Order No. 546 dated 23 July 1979, as amended, the NTC has the power, as the public interest may require, "to encourage a larger and more effective use of communications facilities, and to maintain effective competition among private entities whenever the NTC finds it reasonably feasible"; and WHEREAS, there is a need to prescribe the consolidated policy guidelines to implement Rep. Act No. 6849 and Executive Order No. 546, as amended. 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 NTC shall expedite the interconnection of all NTC authorized public telecommunications carriers into a universally accessible and fully integrated nationwide telecommunications network for the benefit of the public. Section 2. Interconnection between NTC authorized public telecommunications carriers shall be compulsory. Interconnection shall mean the linkage, by wire, radio, satellite or other means, of two or more existing telecommunications carriers or operators with one another for the purpose of allowing or enabling the subscribers of one carrier or operator to access or reach the subscribers of the other carriers or operators. Section 3. Interconnection shall be established and maintained at such point or points of connections, preferably at the local exchanges level and at the junction side of trunk exchanges as are required within a reasonable time frame and shall be for sufficient capacity and in sufficient number to enable messages conveyed or to be conveyed to conveniently meet all reasonable traffic demands for conveyance of messages between the system of the parties involved in the interconnection. Section 4. Interconnection shall permit the customer of either party freedom of choice on whose system the customer wishes his call to be routed regardless which system provides the exchange line connecting to the local exchange. Such a choice may be done initially through the use of distinct carrier access code assigned to the relevant connectable system and ultimately, as the local exchange providers upgrade to stored-program-controlled (SPC) exchanges, comparatively efficient interconnect (CEI) or equal access pre-programmed option. Section 5. Interconnection shall be mandatory with regard to connecting other telecommunications services such as but not limited to value-added services of radio paging, trucking radio, store and forward systems of facsimile or messaging (voice or data), packet switching and circuit data switching (including the conveyance of messages which have been or are to be transmitted or received at such points of connection), information and other services as the NTC may determine to be in the interest of the public and in the attainment of the objective of a universally accessible, fully integrated nationwide telecommunications network. Section 6. Interconnection shall be negotiated and effected through bilateral negotiations between the parties involved subject to certain technical/operational and traffic settlement rules to be promulgated by the NTC; Provided, that if the parties fail to reach an agreement within ninety (90) days from date of notice to the NTC and the other party of the request to negotiate, the NTC shall, on application of any of the parties involved, determine the terms and conditions that the parties have not agreed upon but which appear to the NTC to be reasonably necessary to effect a workable and equitable interconnection and traffic settlement. Section 7. Interconnection among public communications carriers shall be effected in such a manner that permits rerouting of calls from an international gateway operator which is rendered inoperative, whether in whole or in part, in the event of strikes, lock-outs, disasters, calamities and similar causes, to another international gateway operator not so affected. A public telecommunications carrier shall be allowed such permits to operate an international gateway as may be necessary to service its own network requirements; Provided, that its subsidiaries shall not be given a permit to operate another international gateway. Section 8. In prescribing the applicable technical/operational and traffic settlement rules, the NTC shall consider the following:  8.1 The technical/operational rules should conform with the relevant recommendations of the Consultative Committee on International Telegraph and Telephone (CCITT) and the International Telecommunications Union (ITU).  8.2 For traffic settlement rules: (a) Either meet-on-the-air and/or midpoint circuit interconnection between parties; (b) For local exchange point of interconnection, settlement shall be on the basis of volume of traffic on the local connection based on per minute with day and night rate differential. In case of store and forward services for facsimile, data and voice mail, settlement shall be on the basis of EXECUTIVE ORDER NO. 205, S. 1987 REGULATING THE OPERATION OF CABLE ANTENNA TELEVISION (CATV) SYSTEMS IN THE PHILIPPINES, AND FOR OTHER PURPOSES WHEREAS, for the protection of the public and the promotion of the general welfare, the State may by law regulate the operation of Cable Antenna Television (CATV) Systems; WHEREAS, when the public interest so requires monopolies in commercial mass media shall be regulated or prohibited; NOW, THEREFORE, I CORAZON C. AQUINO, President of the Philippines, do hereby order: SECTION 1. The operation of Cable Antenna Television (CATV) system in the Philippines shall be open to all citizens of the Philippines, or to corporations, cooperative or associations wholly owned and managed by such citizens under a Certificate of Authority granted by the National Telecommunications Commission, hereinafter referred to as the Commission. SECTION 2. A Certificate of Authority to operate Cable Television (CATV) system shall be granted by the Commission a non-exclusive basis and for a period not to exceed fifteen (15) years, renewable for another similar period: Provided That such certificate shall be subject to the limitation that the authority to operate shall not infringe on the television and broadcast markets. SECTION 3. Subject to the limitations and procedures prescribed by law, the grantee is hereby authorized to exercise the right of eminent domain for the efficient maintenance and operation of Cable Television (CATV) System. SECTION 4. A special right is hereby reserved to the President of the Philippines, in times of war, rebellion, public peril or other national emergency and/or when public safety requires, to cause the closure of any grantee's Cable Antenna Television (CATV) system or to authorize the use of possession thereof by the government without compensation. SECTION 5. The grantee shall pay the income tax levied under Title II of the National Internal Revenue Code, as amended, and a franchise tax equivalent to three per centum (3%) of all gross receipts from business transacted under the Certificate of Authority. SECTION 6. The National Telecommunications Commission is hereby authorized to issue the necessary rules and regulations to implement this Executive Order. SECTION 7. Presidential Decree No. 1512 dated June 11, 1978 and all laws, orders, issuances and rules and regulations or part thereof inconsistent with this Executive Order are hereby repealed or modified accordingly. SECTION 8. This Executive Order shall take effect immediately. Done in the City of Manila, this 30th day of June, in the year of our Lord, nineteen hundred and eighty-seven. (SGD) CORAZON C. AQUINO By the President JOKER P. ARROYO Executive Secretary EXECUTIVE ORDER NO. 436 PRESCRIBING POLICY GUIDELINES TO GOVERN THE OPERATIONS OF CABLE TELEVISION IN THE PHILIPPINES WHEREAS, the State recognizes the vital role of communication and information in nationbuilding. WHEREAS, the Filipino people must be given wider access to more sources of news, information, education, sports events and entertainment programs other than those provided for by mass media and afforded television programs to attain a well-informed, well-versed and culturally refined citizenry and enhance their socio-economic growth; WHEREAS, cable television (CATV) systems could support or supplement the services provided by television broadcast facilities, local and overseas, as the national information highway to the countryside; WHEREAS, because a large part of the country is still not covered by cable television services, there is an urgent need to maximize the development of the cable television industry and to provide incentives and afford protection to investments therein; WHEREAS, professionalism and self-regulation among existing operators, through a nationally recognized cable television operators' association, have enhanced the growth of the cable television industry and must therefore be maintained along with minimal reasonable government regulations; 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 adopt the following guidelines for the cable television (CATV) industry: SECTION 1. The operation of cable television systems, as a subscriber service undertaking with a unique technology, shall be maintained separate and distinct from telecommunications or broadcast television. SECTION 2. The regulation and supervision of the cable television industry in the Philippines shall remain vested solely with the National Telecommunications Commission (NTC). SECTION 3. Only persons, associations, partnerships, corporations or cooperatives granted a Provisional Authority or Certificate of Authority by the Commission may install, operate and maintain a cable television system or render cable television service within a service area. Cable television service may carry advertisements and other similar paid segments for which the cable television operator may charge and collect reasonable fees; Provided, that no cable d. Source necessary funds both from the private and public sectors to support the implementation of the IT21; e. Promote strategic partnership and alliances among local firms and institutions with leading international R&D, educational and training institutions, technology providers, developers, and manufacturers to speed up industry growth; f. Create and maintain a national database on IT as part of the national statistical system; g. Perform such other functions as may be assigned by the President. SECTION 2. Section 3 is hereby revised to read as follows: "Section 3. The Council shall have the following composition: Secretary, Department of Science and Technology - Chairman Director General, National Economic and Development Authority - Co-Chairman Private Sector Representative - Co-Chairman Secretary, Department of Trade and Industry - Member Secretary, Department of Education Culture and Sports - Member Secretary, Department of Budget and Management - Member Chairman, Commission on Higher Education - Member Secretary, Department of Transportation and Communication - Member Director General, Technical Education and Skills Development Authority - Member Managing Director, National Computer Center - Member One (1) Representative each from the federation of private industries directly related to information technology sector - Member The Private Sector Representatives, including the Co-Chairman, shall be appointed by the Council for a term of not more than three (3) years each. The Council shall also establish a Secretariat to be composed of government and private sectors, to provide technical and administrative support to the Council." The Council may create, as may be necessary, Committees, advisory bodies and other Technical Working Groups for the furtherance of its objectives. SECTION 3. Section 6 is hereby revised to read as follows: "Section 6. The operational budget of the Council shall be sourced from its members to be determined and agreed upon by the Council." SECTION 4. Repealing Clause. - All issuances, orders, rules, and regulations or parts thereof which are inconsistent with any of the provision of this Executive Order are hereby repealed or modified accordingly. SECTION 5. Effectivity. - This Executive Order shall take effect immediately. DONE in the City of Manila, on this 23rd day of February, in the year of Our Lord, Nineteen Hundred and Ninety-Eight. EXECUTIVE ORDER NO. 468 (February 23, 1998) PROVIDING FOR THE CREATION OF A NATIONAL COUNCIL FOR THE PROMOTION OF ELECTRONIC COMMERCE IN THE COUNTRY WHEREAS, electronic commerce, which shall revolutionize trade in both goods and services, shall be a universal phenomenon due to the emerging Global Information Infrastructure; WHEREAS, the State recognizes that there is a need to be abreast with international developments on electronic commerce to further enhance the competitiveness of local industries; WHEREAS, there is a great potential for the country to participate in the worldwide electronic commerce, through the Internet and collaboration between the private and government sectors; WHEREAS, there is a need for a coordinating body to enhance government and private sector partnership in the promotion and development of electronic commerce in the country; NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Philippines, by virtue of the power vested in me by law, do hereby order: SECTION 1. Electronic Commerce Promotion Council - There is hereby created a National Council to serve as the a coordinating body for the promotion of the development of electronic commerce in the country, herein referred to as the Council. SECTION 2. Composition - The Council shall be composed of the following: Department of Trade and Industry Chairman Private Sector Representative Co-Chairman Department of Transportation and Communication Member Department of Science and Technology Member National Economic and Development Authority REALIZING further that the State needs to regulate these networks and promote their continuous upgrading in order to preserve their viability and enhance their dependability; NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the sovereign will of the Filipino people and the Freedom Constitution, do hereby order: SECTION 1. Title. This Executive Order shall otherwise be known as the Reorganization Act of the Ministry of Transportation and Communications. SECTION 2. Reorganization. The Ministry of Transportation and Communications is hereby reorganized, structurally and functionally, in accordance with the provisions of this Executive Order. SECTION 3. Declaration of Policy. The State is committed to the maintenance and expansion of viable, efficient and dependable transportation and communications systems as effective instruments for national recovery and economic progress. It shall not complete as a matter of policy with private enterprise and shall operate transportation and communications facilities only in those areas where private initiatives are inadequate or non-existent. SECTION 4. Mandate. The Ministry shall be the primary policy, planning, programming, coordinating, implementing, regulating and administrative entity of the Executive Branch of the government in the promotion, development and regulation of dependable and coordinated networks of transportation and communication systems as well as in the fast, safe, efficient and reliable postal, transportation and communications services. SECTION 5. Powers and Functions. To accomplish its mandate, the Ministry shall have the following powers and functions: (a) Formulate and recommend national policies and guidelines for the preparation and implementation of integrated and comprehensive transportation and communications systems at the national, regional and local levels; (b Establish and administer comprehensive and integrated programs for transportation and communications, and for this purpose, may call on any agency, corporation, or organization, whether public or private, whose development programs include transportation and communications as an integral part thereof, to participate and assist in the preparation and implementation of such programs; (c) Assess, review and provide direction to transportation and communications research and development programs of the government in coordination with other institutions concerned; (d) Administer all laws, rules and regulations in the field of transportation and communications; (e) Coordinate with the Ministry of Public Works and Highways in the design, development, rehabilitation, improvement, construction, maintenance and repair of telecommunications, ports, airports and railways projects and facilities including navigational aids and implement its development works through competitive bidding, negotiated contracts of other methods as the President may authorize; SECTION 6. Authority and Responsibility. The authority and responsibility for the exercise of the mandate of the Ministry and for the discharge of its powers and functions shall be vested in the Minister of Transportation and Communications, hereinafter referred to as the Minister, who shall have supervision and control over the Ministry and shall be appointed by the President. SECTION 7. Office of the Minister. The Office of the Minister shall consist of the Minister and his immediate staff. SECTION 8. Deputy Ministers. The Minister shall be assisted by four (4) Deputy Ministers appointed by the President upon the recommendation of the Minister, one to be responsible for Attached Agencies and Corporations, one for Transportation, one for Communications and one for Ministry Regional Offices. SECTION 9. Assistant Ministers. The Minister shall also be assisted by seven (7) Assistant Ministers appointed by the President upon the recommendation of the Minister, each of whom shall head each of the following: (a) Administrative and Legal Service; (b) Finance and Management Service; (c) Planning and Research Service; (d) Technical Service; (e) Luzon Regional Offices; (f) Visayas Regional Offices; (g) Mindanao Regional Offices. SECTION 10. Structural organization.The Ministry, side from the Minister Proper which is comprised of the Offices of the Minister, Deputy and Assistant Ministers, shall be composed of the Bureaus and Ministry Regional Offices. There shall be four (4) Bureaus, namely: Bureau of Land Transportation, Bureau of Air Transportation, Bureau of Posts, and Bureau of Telecommunications. The Office of the Minister shall have direct line supervision and control over the Bureaus and Ministry Regional Offices. The Ministry Proper shall be responsible for developing and implementing policies, plans, programs and projects for the Ministry. The Bureaus shall be essentially staff in character. SECTION 11. Ministry Regional Offices. The Ministry shall have two (2) Ministry Regional Offices in each of the administrative regions of the country: The Ministry Regional Office for Transportation and the Ministry Regional Office for Communications. The present Regional Offices of the Bureau of Air Transportation and Land Transportation Commission are hereby abolished and their functions are transferred to the respective Ministry Regional Offices for Transportation. A Ministry Regional Office for Transportation shall be headed by a Ministry Regional Director assisted by two (2) Assistant Ministry Regional Directors responsible for air services are available; and assist the private sector engaged in telecommunication services. For such purposes, it shall, with the approval of the Minister: (a) Establish and prescribe rules and regulations for the operation and maintenance of such telecommunications facilities in areas not adequately served by the private sector in order to render such domestic and overseas services that are necessary or proper with due consideration for advances in technology; (b) Administer and operate the Telecommunications Training Institute; (c) Perform such other functions as may be provided by law. SECTION 16. Bureau of Posts. The Bureau of Posts, presently existing, shall have the functions of developing, formulating and recommending plans, policies, programs, standards, specifications and guidelines to provide safe, fast, reliable and efficient postal service in the country. For such purposes, it shall, with the approval of the Minister: (a) Establish and prescribe rules and regulations for the enforcement of laws governing postal services, including the penalties for violation thereof and for the deputization of appropriate law enforcement agencies in pursuance thereof; (b) Determine, fix, and/or prescribe charges and/or rates for postal services except in cases where charges or rates are established by international bodies or associations of which the Philippines is a participating member or by bodies of associations recognized by the Philippine Government as the proper arbiter of such charges or rates; (c) Establish and prescribe rules and regulations for the operation and maintenance of a nationwide postal system that shall include mail processing, delivery services and money order services, and the promotion of philately; (d) Perform such other functions as may be provided by law. SECTION 17. Abolition/Transfer/Consolidation. (a) The Land Transportation Commission is hereby abolished and its staff functions are transferred to the Bureau of Land Transportation as provided in Section 13 herein and its line functions are transferred to the Ministry Regional Offices as provided in Section 11 herein. Such transfer of functions is subject to the provisions of Section 19 (b) hereof. (b) PNL Leasing Inc. is hereby abolished and its functions are transferred to Philippine National Lines, Inc. subject to the provisions of Section 19 (b) hereof. (c) The National Aero Manufacturing Inc. and the Philippine Aero Systems, Inc. are hereby abolished in accordance with the provisions of Section 19 (a) hereof. (d) The Civil Aeronautics Board is hereby transferred from the Ministry as an attached agency in accordance with the provisions of Section 19 (a) hereof. SECTION 18. Attached Agencies and Corporations. (a) The following agencies and corporations are attached to the Ministry; the Philippine National Railways, the Maritime Industry Authority, the Philippine National Lines, Philippine Aerospace Development Corporation, the Metro Manila Transit Corporation, the Office of Transport Cooperatives, the Philippine Ports Authority, the Philippine Merchant Marine Academy, the Toll Regulatory Board, the Light Rail Transit Authority, the Transport Training Center, the Civil Aeronautics Board, the National Telecommunications Commissions and the Manila International Airport Authority. (b) An Airport Security Center is hereby created within the Manila International Airport Authority, to plan, supervise, control, coordinate, integrate and direct intelligence and operational activities of all police and military units, security and safety service units, government monitoring and intelligence units and other security operating units employed by government entities and/or by private agencies in the Manila International Airport. The Center is under the direct supervision and control of the MIAA General Manager. Moreover, the Authority shall be authorized to organize a Manila International Airport Police Force with all the police powers necessary to implement the objectives of the Center. The exercise of supervision and control by the Airport Security Center does not include the transfer of appropriation, equipment and personnel to the said Authority; PROVIDED, that the Airport Security Center may cause the development of equipment and personnel in such manner it deems necessary in the discharge of its functions. SECTION 19.Transitory Provisions. In accomplishing the acts, of reorganization herein prescribed, the following transitory provisions shall be implied with, unless otherwise provided elsewhere in this Executive Order. (a) The transfer of a government unit shall include the functions, appropriations, funds, records, equipment, facilities, choses in action, rights, other assets, and liabilities, if any, of the transferred unit as well as the personnel thereof, as may be necessary, who shall, in a hold over capacity, continue to perform their respective duties and responsibilities and receive the corresponding salaries and benefits unless in the meantime they are separated from government service pursuant to Executive Order No. 17 (1986) or Article III of the Freedom Constitution. Those personnel of the transferred unit whose positions are not included in the Ministry's new position structure and staffing pattern approved and prescribed by the Minister or who are not reappointed shall be deemed separated from the service and shall be entitled to the benefits provided in the second paragraph of Section 20 hereof. (b) The transfer of functions which results in the abolition of the government unit that has exercised them shall include the appropriations, funds, records, equipment, facilities, choses in action, rights, other assets and personnel as may be necessary to the proper discharge of the transferred functions. The abolished unit's remaining appropriations and funds, if any, shall revert to the General Fund and its remaining assets, if any, shall be allocated to such appropriate units as the Minister shall determine or shall otherwise be disposed in accordance with the Government Auditing Code and other pertinent laws, rules and regulations. Its liabilities, if any, shall likewise be treated in accordance with the Government Auditing Code and other government service pursuant to Executive Order No. 17 (1986) or Article III of the Freedom Constitution. The new position structure and staffing pattern of the Ministry shall be approved and prescribed by the Minister, for the Ministry, within one hundred twenty (120) days from the approval of this Executive Order and the authorized positions created thereunder shall be filled with regular appointments by him or by the President as the case may be. Those incumbents whose positions are not included therein or who are not reappointed shall be deemed separated from the service. Those separated from the service shall receive the retirement benefits to which they may be entitled under existing laws, rules and regulations. Otherwise, they shall be paid the equivalent of one month basic salary for every year of service, or the equivalent nearest fraction thereof favorable to them on the basis of the highest salary received, but in no case shall such payment exceed the equivalent of 12 months salary. No court or administrative body shall issue any writ or preliminary injunction or restraining order to enjoin the separation/replacement of any officer or employee effected under this Executive Order. SECTION 21. Prohibition Against Changes. No change in the reorganization herein prescribed shall be valid except upon prior approval of the President for the purposes of promoting efficiency and effectiveness in the delivery of public services. SECTION 22. Implementing Authority of Minister. The Minister shall issue such orders, rules, regulations and other issuances as may be necessary to ensure the effective implementation of the provisions of this Executive Order. SECTION 23. Notice or Consent Requirements. If any reorganizational change herein authorized is of such substance or materiality as to prejudice third persons with rights recognized by law or conduct such that notice to or consent of creditors is required to be made or obtained pursuant to any agreement entered into with any of such creditors, such notice or consent requirement shall be complied with prior to the implementation of such reorganizational change. SECTION 24.Funding. Funds needed to carry out the provisions of this Executive order shall be taken from funds available in the Ministry. SECTION 25. Change of Nomenclature. In the event of the adoption of a new Constitution which provides for a presidential form of government, the Ministry shall be called Department of Transportation and Communications and the titles of Minister, Deputy Minister, and Assistant Minister shall be changed to Secretary, Undersecretary and Assistant Secretary, respectively. SECTION 26. Separability. Any portion or provision of this Executive Order that may be declared unconstitutional shall not have the effect of nullifying other portions or provisions hereof, as long as such remaining portions or provisions can still subsist and be given effect in their entirety. SECTION 27. Repealing Clause. Presidential Decree No. 890 and Letters of Instruction Nos. 263 and 371 are hereby repealed. All laws, ordinances, rules, regulations, other issuances or parts thereof, which are inconsistent with this Executive Order, are hereby repealed or modified accordingly. SECTION 28. Effectivity. This Executive Order shall take effect immediately upon its approval. APPROVED in the City of Manila, Philippines, this 30th day of January, in the year of Our Lord, nineteen hundred and eighty-seven. EXECUTIVE ORDER NO. 125-A (April 13, 1987) AMENDING EXECUTIVE ORDER NO. 125, ENTITLED "REORGANIZING THE MINISTRY OF TRANSPORTATION AND COMMUNICATIONS. DEFINING ITS POWERS AND FUNCTIONS, AND FOR OTHER PURPOSES." WHEREAS, considering the peculiar situation obtaining in the Department of Transportation and Communications (DOTC), there is a compelling need to clarify and/or modify structural and functional organization of the Department as provided under Executive Order No. 125 in order to ensure compliance with its mandate and the attainment of the corresponding objectives as specified in Section 4 of said Executive Order. NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order: SECTION 1.Sections 5, 8, 9, 10 and 11 of Executive Order No. 125, otherwise known as the Reorganization Act of the Ministry of Transportation and Communications, are hereby amended to read as follows: "Sec. 5. Powers and Functions. To accomplish its mandate, the Department shall have the following powers and functions: (a) Formulate and recommend national policies and guidelines for the preparation and implementation of integrated and comprehensive transportation and communications systems at the national, regional and local levels; (b) Establish and administer comprehensive and integrated programs for transportation and communications, and for this purpose, may call on any agency, corporation, or organization, whether public or private, whose development programs include transportation and communications as an integral part thereof, to participate and assist in the preparation and implementation of such program; Department Regional Office for Postal Services. The present Regional Offices of the Land Transportation Commission are hereby abolished and their functions are transferred to the respective Department Regional Offices for Land Transportation. The present Regional Offices of the Bureau of Telecommunications are hereby abolished and their functions are transferred to the respective Department Regional Offices for Telecommunications. The present Regional Offices of the Bureau of Posts are hereby abolished and their functions are transferred to the corresponding Department Regional Offices for Postal Services. Each Department Regional Office shall be headed by a Department Regional Director and assisted by a Department Assistant Regional Director. The present Airport Offices of the Bureau of Air Transportation are hereby abolished and their functions are transferred to the Department Airport Offices. The abolition of the herein Regional Offices and the transfer of their functions shall be governed by the provisions of Section 15 (b) hereof. The Department Regional Offices shall essentially be line in character and shall be responsible for the delivery of all front line services of the Department. SECTION 2.Sections 12, 13, 15 and 16 of said Executive Order are hereby deleted. Sec. 3. Section 14 of said Executive Order is hereby renumbered as Section 12 and amended to read as follows: "Sec. 12. Maritime Industry Authority. The Maritime Industry Authority is hereby retained and shall have the following functions: (a) Develop and formulate plans, policies, programs, projects, standards, specifications and guidelines geared toward the promotion and development of the maritime industry, the growth and effective regulation of shipping enterprises, and for the national security objectives of the country; (b) Establish, prescribe and regulate routes, zones and/or areas of operation of particular operators of public water services; (c) Issue Certificates of Public Convenience for the operation of domestic and overseas water carriers; (d) Register vessels as well as issue certificates, licenses or documents necessary or incident thereto; (e) Undertake the safety regulatory functions pertaining to vessel construction and operation including the determination of manning levels and issuance of certificates of competency to seamen; (f) Enforce laws, prescribe and enforce rules and regulations, including penalties for violations thereof, governing water transportation and the Philippine merchant marine, and deputize the Philippine Coast Guard and other law enforcement agencies to effectively discharge these functions; (g) Undertake the issuance of licenses to qualified seamen and harbor, bay and river pilots; (h) Determine, fix and/or prescribe charges and/or rates pertinent to the operation of public water transport utilities, facilities and services except in cases where charges or rates are established by international bodies or associations of which the Philippines is a participating member or by bodies or associations recognized by the Philippine Government as the proper arbiter of such charges or rates. (i) Accredit marine surveyors and maritime enterprises engaged in shipbuilding, shiprepair, shipbreaking, domestic and overseas shipping ship management and agency; (j) Issue and register the continuous discharge book of Filipino seamen; (k) Establish and prescribe rules and regulations, standards and procedures for the efficient and effective discharge of the above functions; (l) Perform such other functions as may now or hereafter be provided by law." SECTION 4.Section 17 of Executive Order No. 125 is hereby renumbered as Section 13 and amended to read as follows: "Sec. 13. Abolition/Transfer/Consolidation: (a) The Land Transportation Commission is hereby abolished and its staff functions are transferred to the service offices of the Department Proper and its line functions are transferred to the Department Regional Offices for Land Transportation as provided in Section 11 herein. Such transfer of functions is subject to the provisions of Section 15 (b) hereof. The quasi-judicial powers and functions of the Commission are transferred to the Department. The corresponding position structure and staffing pattern shall be approved and prescribed by the Secretary pursuant to Section 16 hereof. (b) PNL Leasing, Inc. is hereby abolished and its functions are transferred to Philippine National Lines, Inc. subject to the provisions of Section 15 (b) hereof. The Secretary of Transportation and Communications or his designated representative shall be the Chairman of the Board. (c) The National Aero Manufacturing, Inc. and the Philippine Aero Systems, Inc. are hereby abolished in accordance with the provisions of Section 15 (a) hereof. (d) The Civil Aeronautics Board is hereby transferred from the Department of Tourism to the Department as an attached agency in accordance with the provision of Section 15 (a) hereof. The Secretary of Transportation and Communications or his designated representative shall be the Chairman of the Board. (e) The Maritime Training Council's function of issuing certificates of competency to seamen under LOI 1404 is hereby transferred to the Maritime Industry Authority." Sec. 5. Sections 18, 19, 20, 21, 22, 23, 24, 25 and 26 of said Executive Order are hereby renumbered as Sections 14, 15, 16, 17, 18, 19, 20, 21 and 22, respectively. Sec. 6. Section 27 of said Executive Order is hereby renumbered as Section 23 and amended as follows; Interconnection of Authorized Public Telecommunications Carriers) and its Implementing Guidelines. e. Provision of Direct to Home TV Services. The government shall allow the reception of Direct to Home TV signals from content providers utilizing international satellite systems, provided the video programs thereto are authorized by appropriate government agency(ies). Equipment for the reception of Direct to Home TV signals shall be provided by duly authorized entities. Moreover, uplink centers for transmission or retransmission in the Philippines, subject to existing laws and procedures formulated by the NTC. Section 2. Policy of Terms. The NTC, in coordination with the concerned agencies and sectors, shall formulate and adopt, not later than forty-five days from the effectivity of this order, the necessary implementing rules and regulations for the implementation of the above policy guidance, including the monitoring system for their implementation. Section 3. Definition of Terms. For the purpose of this Order and in the implementation of the above policy guidance, the following definitions shall apply: a. Direct Access - any one of a number of measures permitting direct dealings between authorized entities and international satellite system providers at specified levels as defined by the NTC. b. Direct Home (DTH) TV - a broadcasting system wherein television programs are transmitted directly to home/user receivers via satellite, thus making the reception cover not only individual(s) in their homes but other places as well. c. Fixed Satellite Service - a radio communications service between earth stations at given points, when one or more satellites are used; the given position may be specific point or any fixed points within specified areas. d. Global Mobile Personal Communications by Satellite - a satellite system providing telecommunications services directly to end-users anywhere in the globe form a constellation of satellites. e. Mobile Satellite Service - a radio communications service between mobile earth stations and one or more space stations, or between space stations used by this service, or between mobile earth stations by means of one or more space stations. f. Satellite Newsgathering - the use of either transportable, "Fixed Satellite Services" earth stations or "Mobile Satellite Service" earth stations to provide temporary communications services for news media organizations covering news events such as summits, conferences or disasters. Section 4. Policy Review. The DOTC, in consultation with the concerned agencies and sectors, shall regularly review the responsiveness of the above policy, shall regularly review the responsiveness of the above policy guidance and based on this, submit policy recommendations to the office of the President. Section 5. Repealing Clause. All executive orders, administrative orders and other executive issuance's inconsistent herewith are hereby repealed, modified or amended accordingly. Section 6. Effectivity. This Order shall take effect immediately. DONE in the City of Manila, this 17th day of March in the year of our Lord, Nineteen Hundred and ninety-eight. EXECUTIVE ORDER NO. 264 12 Jul 2000 ESTABLISHING THE INFORMATION TECHNOLOGY AND ELECTRONIC COMMERCE COUNCIL (ITECC) FROM THE MERGER OF THE NATIONAL INFORMATION TECHNOLOGY COUNCIL (NITC) AND THE ELECTRONIC COMMERCE PROMOTION COUNCIL (ECPC) WHEREAS, the State recognizes the vital role of information and communication technology (ICT) in the continued revitalization of the Philippine economy, the competitiveness of local industries, and the achievement of national development goals; WHEREAS, electronic commerce, an ICT-driven activity, is revolutionizing global trade in both goods and services; WHEREAS, the purpose of the State is to provide the policy and institutional environment to ensure the long-term and dynamic use, application and exploitation of ICT in the achievement of national goals; WHEREAS, the State, while encouraging the widest participation from both the public and private sectors in national ICT and e-commerce initiatives, recognizes that the leadership and participation of the private sector will provide for the continuity of these initiatives; WHEREAS, the National Information Technology Council (NITC) created pursuant to Executive Order No. 190, dated 19 July 1994, reorganized pursuant to Executive Order No. 469, dated 23 February 1998, and revitalized pursuant to Executive Order No. 125, dated 19 July 1999, was designated as the highest planning and policy advisory body on information technology matters; WHEREAS, the Electronic Commerce Promotion Council (ECPC), created pursuant to Executive Order 468, dated 23 February 1998, was tasked to coordinate and enhance government and private sector partnership in the promotion and development of electronic commerce in the country; WHEREAS, there is an urgent need to merge the NITC and the ECPC to ensure a streamlined and focused formulation and implementation of ICT policy. NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Republic of the Philippines, by virtue of the power vested upon me by law, do hereby order: Section 9. Secretariat. A permanent secretariat shall be constituted to provide technical and administrative support to the Council. The secretariat shall be based at the DTI and shall be headed by an Executive Director to be appointed by the President upon the recommendation of the Council. Additional technical and administrative staff from members of the Council may also be detailed or seconded to the Secretariat as necessary. Section 10. Role of National Government Agencies (NGAs), Local Government Units (LGUs), Government Owned and Controlled Corporations (GOCCs). All NGAs, LGUs and GOCCs shall actively support the Council in the discharge of its functions listed in Section 2 above. Section 11. Funding. To carry out the provisions of this Order, the Department of Budget and Management (DBM) shall release from the Organizational Adjustment Fund of the CY 2000 Budget P6.0 million for the Council’s July – December 2000 operational budget. The DBM shall include appropriations for the continued operations of the ITECC in the general appropriations bill submitted to Congress for CY 2001 and subsequent years. Section 12. Implementing Rules and Regulations. The ITECC is hereby authorized to promulgate the necessary rules and regulations to implement this Executive Order. This shall include the determination and/or clarification of the functional relationship between the permanent secretariat of the Council and the National Computer Center. Section 13. Repealing Clause. EO No. 190 (s. 1994), EO No. 468 (s. 1998), EO No. 469 (s. 1998), and EO No. 125 (s. 1999) and all other executive issuances, rules and regulations or parts thereof that are inconsistent with the provisions of this Executive Order are hereby repealed, amended or modified accordingly. Section 14. Effectivity. This Executive Order shall take effect immediately. DONE, in the City of Manila, this 12th day of July, in the year of our Lord, two thousand. (Sgd.) JOSEPH EJERCITO ESTRADA President of the Philippines By the President: (Sgd.) RONALDO B. ZAMORA Executive Secretary EXECUTIVE ORDER NO. 322 22 Nov 2000 REQUIRING ALL NATIONAL GOVERNMENT AGENCIES, INSTRUMENTALITIES AND GOVERNMENT-OWNED AND/OR-CONTROLLED CORPORATIONS TO PARTICIPATE IN THE ELECTRONIC PROCUREMENT SYSTEM WHEREAS, the National Government is undertaking comprehensive reforms to modernize government procurement systems; WHEREAS, these reforms are being pursued to ensure transparency in government transactions and enhance efficiency and effectiveness in the procurement of goods/supplies/materials, services and civil works; WHEREAS, the National Government recognizes the use of the Internet as an effective medium to provide transparent access to government-wide procurement opportunities and decisions; WHEREAS, the Department of Budget and Management (DBM), through the Procurement Service (PS), has initially established the first phase of an electronic procurement system (EPS) which features a Public Tender Board, a Suppliers’ Registry and an Electronic Catalogue; WHEREAS, the first phase of the EPS lays the foundation for the envisioned implementation of Internet-based government procurement transactions such as electronic and online bidding, ordering and payment transfers; WHEREAS, the DBM-PS, by virtue of Letter of Instruction No. 755 and Executive Order Nos. 289 and 359, has the mandate to procure on behalf of all government agencies commonly- used goods, supplies and services; NOW, THEREFORE, I, JOSEPH EJERCITO ESTRADA, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order; SECTION 1. All agencies of the National Government, its instrumentalities, including government-owned and/or -controlled corporations are directed to participate in the first phase of the EPS of the DBM-PS, to include specifically the following activities involving goods, supplies and materials SECTION 2. The Procurement Policy Board shall hereinafter adopt policies and procedures to accelerate the EPS to its full-fledged implementation consistent with the objectives of the Republic Act No. 8792, the E-Commerce Act. SECTION 3. The Procurement Policy Board shall modernize the organization, systems and processes in the DBM-PS to effectively complement and support the objectives of the EPS. SECTION 4. All executive issuances, order and regulations or parts thereof inconsistent with this Executive Order are hereby repealed and/or modified accordingly. SECTION 5. This Executive Order shall take effect immediately. DONE in the City of Manila, this 22nd day of November, in the year of Our Lord, Two Thousand. (Sgd.) JOSEPH EJERCITO ESTRADA By the President: (Sgd.) RONALDO B. ZAMORA Executive Secretary EXECUTIVE ORDER NO. 18 (25 May 2001) Management Staff (PMS) and shall be headed by an Executive Director to be appointed by the President. Additional technical and administrative staff from members of the Council may also be detailed or seconded to the Secretariat as necessary.” Section 4. Effectivity. This Executive Order shall take effect immediately. DONE, in the City of Manila, this 25TH day of MAY, in the year of Our Lord, Two Thousand and One. (Sgd.) GLORIA MACAPAGAL-ARROYO President of the Philippines By the President: (Sgd.) WALDO Q. FLORES Senior Deputy Executive Secretary EXECUTIVE ORDER NO. 2, s. 2016 (July 23, 2016) OPERATIONALIZING IN THE EXECUTIVE BRANCH THE PEOPLE’S CONSTITUTIONAL RIGHT TO INFORMATION AND THE STATE POLICIES TO FULL PUBLIC DISCLOSURE AND TRANSPARENCY IN THE PUBLIC SERVICE AND PROVIDING GUIDELINES THEREFOR WHEREAS, pursuant to Section 28, Article II of the 1987 Constitution, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest, subject to reasonable conditions prescribed by law; WHEREAS, Section 7, Article III of the Constitution guarantees the right of the people to information on matters of public concern; WHEREAS, the incorporation of this right in the Constitution is a recognition of the fundamental role of free and open exchange of information in a democracy, meant to enhance transparency and accountability in government official acts, transactions, or decisions; WHEREAS, the Executive Branch recognizes the urgent need to operationalize these Constitutional provisions; WHEREAS, the President, under Section 17, Article VII of the Constitution, has control over all executive departments, bureaus and offices, and the duty to ensure that the laws be faithfully executed; WHEREAS, the Data Privacy Act of 2012 (R.A. 10173), including its implementing Rules and Regulations, strengthens the fundamental human right of privacy, and of communication while ensuring the free flow of information to promote innovation and growth; NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order: SECTION 1. Definition. For the purpose of this Executive Order, the following terms shall mean: (a) “Information” shall mean any records, documents, papers, reports, letters, contracts, minutes and transcripts of official meetings, maps, books, photographs, data, research materials, films, sound and video recording, magnetic or other tapes, electronic data, computer stored data, any other like or similar data or materials recorded, stored or archived in whatever format, whether offline or online, which are made, received, or kept in or under the control and custody of any government office pursuant to law, executive order, and rules and regulations or in connection with the performance or transaction of official business by any government office. (b) “Official record/records” shall refer to information produced or received by a public officer or employee, or by a government office in an official capacity or pursuant to a public function or duty. (c) “Public record/records” shall include information required by laws, executive orders, rules, or regulations to be entered, kept and made publicly available by a government office. SECTION 2. Coverage. This order shall cover all government offices under the Executive Branch, including but not limited to the national government and all its offices, departments, bureaus, offices, and instrumentalities, including government-owned or -controlled corporations, and state universities and colleges. Local government units (LGUs) are encouraged to observe and be guided by this Order. SECTION 3. Access to information. Every Filipino shall have access to information, official records, public records and to documents and papers pertaining to official acts, transactions or decisions, as well as to government research data used as basis for policy development. SECTION 4. Exception. Access to information shall be denied when the information falls under any of the exceptions enshrined in the Constitution, existing law or jurisprudence. The Department of Justice and the Office of the Solicitor General are hereby directed to prepare an inventory of such exceptions and submit the same to the Office of the President within thirty (30) calendar days from the date of effectivity of this Order. The Office of the President shall thereafter, immediately circularize the inventory of exceptions for the guidance of all government offices and instrumentalities covered by this Order and the general public. Said inventory of exceptions shall periodically be updated to properly reflect any change in existing law and jurisprudence and the Department of Justice and the Office of the Solicitor General are directed to update the inventory of exceptions as the need to do so arises, for circularization as hereinabove stated. SECTION 5. Availability of SALN. Subject to the provisions contained in Sections 3 and 4 of this Order, all public officials are reminded of their obligation to file and make available for scrutiny their Statements of Assets, Liabilities and Net Worth (SALN) in accordance with existing laws, rules and regulations, and the spirit and letter of this Order. SECTION 6. Application and Interpretation. There shall be a legal presumption in favor of access to information, public records and official records. No request for information shall be denied unless it clearly falls under any of the exceptions listed in the inventory or updated (b) The public official receiving the request shall provide reasonable assistance, free of charge, to enable, to enable all requesting parties and particularly those with special needs, to comply with the request requirements under this Section. (c) The request shall be stamped by the government office, indicating the date and time of receipt and the name, rank, title and position of the receiving public officer or employee with the corresponding signature, and a copy thereof furnished to the requesting party. Each government office shall establish a system to trace the status of all requests for information received by it. (d) The government office shall respond to a request fully compliant with requirements of sub- section (a) hereof as soon as practicable but not exceeding fifteen (15) working days from the receipt thereof. The response mentioned above refers to the decision of the agency or office concerned to grant or deny access to the information requested. (e) The period to respond may be extended whenever the information requested requires extensive search of the government office’s records facilities, examination of voluminous records, the occurrence of fortuitous cases or other analogous cases. The government office shall notify the person making the request of the extension, setting forth the reasons for such extension. In no case shall the extension go beyond twenty (20) working days unless exceptional circumstances warrant a longer period. (f) Once a decision is made to grant the request, the person making the request shall be notified of such decision and directed to pay any applicable fees. SECTION 10. Fees. Government offices shall not charge any fee for accepting requests for access to information. They may, however, charge a reasonable fee to reimburse necessary costs, including actual costs of reproduction and copying of the information required, subject to existing rules and regulations. In no case shall the applicable fees be so onerous as to defeat the purpose of this Order. SECTION 11. Identical or Substantially Similar Requests. The government office shall not be required to act upon an unreasonable subsequent identical or substantially similar request from the same requesting party whose request from the same requesting party whose request has already been previously granted or denied by the same government office. SECTION 12. Notice of Denial. If the government office decides to deny the request, in whole or in part, it shall as soon as practicable, in any case within fifteen (15) working days from the receipt of the request, notify the requesting party the denial in writing. The notice shall clearly set forth the ground or grounds for denial and the circumstances on which the denial is based. Failure to notify the requesting party of the action taken on the request within the period herein stipulated shall be deemed a denial of the request for access to information. SECTION 13. Remedies in Cases of Denial of Request for Access to Information. (a) Denial of any request for access to information may be appealed to the person or office next higher in the authority, following the procedure mentioned in Section 7 (f) of this Order: Provided, that the written appeal must be filed by the same person making the request within fifteen (15) working days from the notice of denial or from the lapse of the relevant period to respond to the request. (b) The appeal be decided by the person or office next higher in authority within thirty (30) working days from the filing of said written appeal. Failure of such person or office to decide within the afore-stated period shall be deemed a denial of the appeal. (c) Upon exhaustion of administrative appeal remedies, the requesting part may file the appropriate case in the proper courts in accordance with the Rules of Court. SECTION 14. Keeping of Records. Subject to existing laws, rules, and regulations, government offices shall create and/or maintain accurate and reasonably complete records of important information in appropriate formats, and implement a records management system that facilitates easy identification, retrieval and communication of information to the public. SECTION 15. Administrative Liability. Failure to comply with the provisions of this Order may be a ground for administrative and disciplinary sanctions against any erring public officer or employee as provided under existing laws or regulations. SECTION 16. Implementing Details. All government offices in the Executive Branch are directed to formulate their respective implementing details taking into consideration their mandates and the nature of information in their custody or control, within one hundred twenty (120) days from the effectivity of this Order. SECTION 17. Separability Clause. If any section or part of this Order is held unconstitutional or invalid, the other sections or provisions not otherwise affected shall remain in full force or effect. SECTION 18. Repealing Clause. All orders, rules and regulations, issuances or any part thereof inconsistent with the provisions of this Executive Order are hereby repealed, amended or modified accordingly: Provided, that the provisions of Memorandum Circular No. 78 (s. 1964), as amended, shall not be deemed repealed pending further review. SECTION 19. Effectivity. This Order shall take effect immediately upon publication in a newspaper of general circulation. DONE, in the City of Manila, this 23rd day of July in the year of our Lord two thousand and sixteen. EXECUTIVE ORDER NO. 815, s. 1982 TO SAFEGUARD AND PROMOTE THE DEVELOPMENT OF THE PHILIPPINE SEMICONDUCTOR ELECTRONICS INDUSTRY WHEREAS, in the last five years, the Philippines has attracted the investments of the major multinational semiconductor manufacturers; (c) Exemption from tax on accumulated profits or surplus. -Registered enterprises in the semiconductor electronics industry shall be exempt from the tax on accumulated profits or surplus as provided for in Sec. 25 of the National Internal Revenue Code, as amended. (d) Deemed compliance with General Order 47. -Registered enterprises in the semiconductor electronics industry are deemed to have complied with General Order No. 47, requiring large companies to produce rice and corn for their employees: Provided, however, that such company shall, in addition to the specific in-company training for its personnel, share in the financing of the industry-wide training of engineers and technicians for the semiconductor electronics industry to be organized by the Ministry of Trade and Industry. (e) Declaration as vital industry. -Pursuant to Article 264 (g) of the Labor Code (Batas Pambansa Blg. 130 as amended by Batas Pambansa Blg. 227), the semiconductor electronics industry is hereby declared a vital industry and any labor dispute therein causing or likely to cause strikes or lockouts will adversely affect the national interest. In the event of such labor dispute in the industry, the Minister of Labor and Employment shall immediately assume jurisdiction over such dispute and decide it or certify the same to the National Labor Relations Commission for compulsory arbitration. Such assumption or certification shall have the effect of automatically enjoining the intended or impending strike or lockout as specified in the assumption or certification order. If one has already taken place at the time of assumption or certification, all striking or locked out employees shall immediately return to work and the employers shall immediately resume operations and readmit all workers under the same terms and conditions prevailing before the strike or lockout. (f) Exemption from locational clearance. -Any provision of law to the contrary notwithstanding, the enterprise shall be exempt from the locational clearance required by any government agency. (g) Customs clearance. -The clearance for the importation of equipment, spare parts, raw materials and supplies, and exports of processed products shall be expedited by the Bureau of Customs for semiconductor companies certified by the Board of Investments. (h) Unrestricted use of consigned equipment. -Provisions of the existing laws notwithstanding, machinery, equipment and spare parts consigned to any registered firm engaged in the manufactured of semiconductor devices shall not be subject to restrictions as to period of use of such machinery, equipment and spare parts provided that the appropriate re-export bond is posted. SEC. 3. Incentives to enterprises registered with the Export Processing Zone. -The Board of Investments may extend additional incentives herein provided to firms registered with the Export Processing Zones without need of complying with the registration requirement of the Board of Investments. SEC. 4. Existing Firms. -Existing firms embarking in higher technological processes such as automation or in forward and/or backward integration, shall qualify to register such projects as an expansion entitled to the new registration with the Board of Investments. SEC. 5. Extension of Incentives. -The Board may extend the period of availment of incentives by firms in the semiconductor electronics industry if such is necessary to maintain the country’s competitive position in attracting additional investments in the industry, Provided, however, that such extension shall not be for more than twice the original period under the law. SEC. 6. Assistance by the Government Agencies. -The Central Bank of the Philippines, Ministry of Labor and Employment, Human Settlements Regulation Commission, National Food Authority, Bureau of Customs, Bureau of Internal Revenue, Ministry of Finance, Securities and Exchange Commission and other government offices concerned are directed to adopt respective rules and regulations which are applicable to the semiconductor electronics industry to support the full and expeditious implementation of the policy and objectives herein declared. SEC. 7. Rules and Regulations. -The Board of Investments is empowered to adopt rules and regulations for the implementation of this Order. SEC. 8. Repealing Clause. -Any provision of law, decrees, or executive orders, instructions, rules, regulations or circulars inconsistent with this Executive Order is hereby repealed or modified accordingly. SEC. 9. Effectivity. -This Executive Order shall take effect immediately. Done in the City of Manila, this 26th day of June, in the year of Our Lord, nineteen hundred and eighty-two. (Sgd.) FERDINAND E. MARCOS President of the Philippines By the President: (Sgd.) JUAN C. TUVERA