· File name: FORMfederalismPhilippines.docx Page 1 of 194 Telecommunications Law Indicators for...

File name: FORMfederalismPhilippines.docx

of 194

Telecommunications Law Indicators for Comparative Studies (TLICS)

Contents Notes (PHILIPPINES) ........................................................................................................................................................................................................................................... 3

Sources (PHILIPPINES): ....................................................................................................................................................................................................................................... 3

FORM number 001/043 (Revenue – Tax – Telecommunications) ........................................................................................................................................................................ 4

FORM number 002/043 (Revenue – Tax – Broadcast) .......................................................................................................................................................................................... 9

FORM number 003/043 (Revenue – Tax – Broadband) ...................................................................................................................................................................................... 14

FORM number 004/043 (Revenue – Tax – e-Commerce) ................................................................................................................................................................................... 19

FORM number 005/043 (Revenue – Administrative Fees – Telecommunications) ............................................................................................................................................ 24

FORM number 006/043 (Revenue – Administrative Fees – Broadcast) .............................................................................................................................................................. 25

FORM number 007/043 (Revenue – Administrative Fees – Broadband) ............................................................................................................................................................ 26

FORM number 008/043 (Revenue – Administrative Fees – e-Commerce) ......................................................................................................................................................... 27

FORM number 009/043 (Fiscal Transfer – National Funds – Telecommunications) .......................................................................................................................................... 27

FORM number 010/043 (Fiscal Transfer – National Funds – Broadcast) ........................................................................................................................................................... 31

Presidential Decree No. 1986 ....................................................................................................................................................................................................................... 31

FORM number 011/043 (Fiscal Transfer – National Funds – Broadband) .......................................................................................................................................................... 35

FORM number 012/043 (Fiscal Transfer – National Funds – e-Commerce) ....................................................................................................................................................... 39

FORM number 013/043 (Fiscal Transfer – Local Treasuries – Telecommunications) ........................................................................................................................................ 42

FORM number 014/043 (Fiscal Transfer – Local Treasuries – Broadcast) ......................................................................................................................................................... 47

FORM number 015/043 (Fiscal Transfer – Local Treasuries – Broadband) ........................................................................................................................................................ 51

FORM number 016/043 (Fiscal Transfer – Local Treasuries – e-Commerce) ..................................................................................................................................................... 55

FORM number 017/043 (Regulation – Regulatory Jurisdiction – Telecommunications) .................................................................................................................................... 60

FORM number 018/043 (Regulation – Regulatory Jurisdiction – Broadcast) ..................................................................................................................................................... 78

Presidential Decree No. 1986 ....................................................................................................................................................................................................................... 81


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FORM number 019/043 (Regulation – Regulatory Jurisdiction – Broadband) .................................................................................................................................................... 94

FORM number 020/043 (Regulation – Regulatory Jurisdiction – e-Commerce)................................................................................................................................................. 94

FORM number 021/043 (Regulation – Contingent Regulation – Telecommunications) ..................................................................................................................................... 95

FORM number 022/043 (Regulation – Contingent Regulation – Broadcast) .................................................................................................................................................... 103

FORM number 023/043 (Regulation – Contingent Regulation – Broadband) ................................................................................................................................................... 111

FORM number 024/043 (Regulation – Contingent Regulation – e-Commerce) ................................................................................................................................................ 119

FORM number 025/043 (Adjudication – Public Law Jurisdiction – Telecommunications) .............................................................................................................................. 127

FORM number 026/043 (Adjudication – Public Law Jurisdiction – Broadcast) ............................................................................................................................................... 138

FORM number 027/043 (Adjudication – Public Law Jurisdiction – Broadband) .............................................................................................................................................. 149

FORM number 028/043 (Adjudication – Public Law Jurisdiction – e-Commerce) ........................................................................................................................................... 159

FORM number 029/043 (Adjudication – Private Law Jurisdiction – Telecommunications) ............................................................................................................................. 169

FORM number 030/043 (Adjudication – Private Law Jurisdiction – Broadcast) .............................................................................................................................................. 170

FORM number 031/043 (Adjudication – Private Law Jurisdiction – Broadband) ............................................................................................................................................. 170

FORM number 032/043 (Adjudication – Private Law Jurisdiction – e-Commerce) .......................................................................................................................................... 171

FORM number 033/043 (Planning – National ICT Development Plans – Telecommunications) ..................................................................................................................... 171

FORM number 034/043 (Planning – National ICT Development Plans – Broadcast) ....................................................................................................................................... 177

Presidential Decree No. 1986 ..................................................................................................................................................................................................................... 177

FORM number 035/043 (Planning – National ICT Development Plans – Broadband) ..................................................................................................................................... 179

FORM number 036/043 (Planning – National ICT Development Plans – e-Commerce) .................................................................................................................................. 181

FORM number 037/043 (Planning – Subnational ICT Development Plans – Telecommunications) ................................................................................................................ 183

FORM number 038/043 (Planning – Subnational ICT Development Plans – Broadcast) ................................................................................................................................. 185

FORM number 039/043 (Planning – Subnational ICT Development Plans – Broadband) ................................................................................................................................ 187

FORM number 040/043 (Planning – Subnational ICT Development Plans – e-Commerce) ............................................................................................................................. 189

FORM number 041/043 (Media – Content Quota – Broadcast) ........................................................................................................................................................................ 191

FORM number 042/043 (Media – Content Quota – Pay TV) ............................................................................................................................................................................ 192

FORM number 043/043 (Media – Content Quota – Internet) ............................................................................................................................................................................ 193


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Notes (PHILIPPINES) Department of Information and Communications Technology (DICT) É o departamento executivo responsável pelo planejamento, desenvolvimento e promoção da agenda nacional para tecnologia da informação e comunicação em apoio ao desenvolvimento nacional. Organismo tutelado pelo DICT: National Telecommunications Comission (NTC) É a agência responsável pela supervisão, adjudicação e controle de todos os serviços de telecomunicações presentes no país.

Sources (PHILIPPINES):

• http://www.lawphil.net/statutes/repacts/ra1995/ra_7925_1995.html

• https://www.loc.gov/law/help/guide/nations/philippines.php

• http://www.chanrobles.com/otherlaws.htm#.WQJhXtrytPY

• http://www.gov.ph/

• http://www.ntc.gov.ph/


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FORM number 001/043 (Revenue – Tax – Telecommunications) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)

Institutional dimension: Federalism

Category: Centralized (Centralized – Decentralized – Interdependent – Absent)

Country analyzed:Philippines

Dimension /

Indicator /

Variable

Legal or policy basis or

regulatory instrument

identification

(Use “Not Found” if needed)

In force since

Format: dd/mm/yyyy

(Use n/a if not applicable)

Adopted by

whom

(Use n/a if not

applicable)

Legal basis content


Revenual Federalism

/

Taxing Federalism

/

Telecommunications

Constitution of the Republic of the Philippines

In force since:

02/02/1987

Congress of the

Philippines

ARTICLE VI

LEGISLATIVE DEPARTMENT

Section 28.

1. The rule of taxation shall be uniform and equitable. The Congress shall evolve a progressive

system of taxation. 2. The Congress may, by law, authorize the President to fix within specified limits, and subject

to such limitations and restrictions as it may impose, tariff rates, import and export quotas,

tonnage and wharfage dues, and other duties or imposts within the framework of the national development program of the Government.

3. Charitable institutions, churches and personages or convents appurtenant thereto, mosques,

non-profit cemeteries, and all lands, buildings, and improvements, actually, directly, and exclusively used for religious, charitable, or educational purposes shall be exempt from

taxation.

4. No law granting any tax exemption shall be passed without the concurrence of a majority of all the Members of the Congress.

ARTICLE X

LOCAL GOVERNMENT

GENERAL PROVISIONS

Section 5. Each local government unit shall have the power to create its own sources of revenues and to levy taxes, fees and charges subject to such guidelines and limitations as the Congress may provide,

consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local governments.

Revenual Federalism

/

Taxing Federalism

Tax Reform Act of 1987 – Republic

Act No. 8424

In force since:

11/12/1997

Congress of the

Philippines

CHAPTER II - GENERAL PRINCIPLES


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/

Telecommunications

Section 23. General Principles of Income Taxation in the Philippines. - Except when otherwise provided in this Code:

[...]

(E) A domestic corporation is taxable on all income derived from sources within and without the Philippines; and

(F) A foreign corporation, whether engaged or not in trade or business in the Philippines, is taxable only on income derived from sources within the Philippines.

[...]

CHAPTER IV - TAX ON CORPORATIONS

Section 27. Rates of Income tax on Domestic Corporations. -

(A) In General. - Except as otherwise provided in this Code, an income tax of thirty-five

percent (35%) is hereby imposed upon the taxable income derived during each taxable year from all sources within and without the Philippines by every corporation, as defined in

Section 22(B) of this Code and taxable under this Title as a corporation, organized in, or

existing under the laws of the Philippines: Provided, That effective January 1, 1998, the rate of income tax shall be thirty-four percent (34%); effective January 1, 1999, the rate shall be

thirty-three percent (33%); and effective January 1, 2000 and thereafter, the rate shall be thirty-two percent (32%).

[...]

Section 28. Rates of Income Tax on Foreign Corporations. -

(A) Tax on Resident Foreign Corporations. -

(1) In General. - Except as otherwise provided in this Code, a corporation

organized, authorized, or existing under the laws of any foreign country, engaged in trade or business within the Philippines, shall be subject to an income tax

equivalent to thirty-five percent (35%) of the taxable income derived in the

preceding taxable year from all sources within the Philippines: provided, That effective January 1, 1998, the rate of income tax shall be thirty-four percent

(34%); effective January 1, 1999, the rate shall be thirty-three percent (33%), and effective January 1, 2000 and thereafter, the rate shall be thirty-two percent (32%).

[...]

Section 29. Imposition of Improperly Accumulated Earnings Tax. -


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(A) In General. - In addition to other taxes imposed by this Title, there is hereby imposed for each taxable year on the improperly accumulated taxable income of each corporation

described in Subsection B hereof, an improperly accumulated earnings tax equal to ten percent (10%) of the improperly accumulated taxable income.

[...]

CHAPTER XI - OTHER INCOME TAX REQUIREMENTS

Section 67. Collection of Foreign Payments. - All persons, corporations, duly registered general co-

partnerships (companias colectivas) undertaking for profit or otherwise the collection of foreign

payments of interests or dividends by means of coupons, checks or bills of exchange shall obtain a

license from the Commissioner, and shall be subject to such rules and regulations enabling the government to obtain the information required under this Title, as the Secretary of Finance, upon recommendation of the Commissioner, shall prescribe.

[...]

TITLE IV

VALUE- ADDED TAX

CHAPTER I - IMPOSITION OF TAX

Section 105. Persons Liable. - Any person who, in the course of trade or business, sells barters, exchanges, leases goods or properties, renders services, and any person who imports goods shall be subject to the value-added tax (VAT) imposed in Sections 106 to 108 of this Code.

The value-added tax is an indirect tax and the amount of tax may be shifted or passed on to the buyer,

transferee or lessee of the goods, properties or services. This rule shall likewise apply to existing

contracts of sale or lease of goods, properties or services at the time of the effectivity of Republic Act No. 7716.

The phrase 'in the course of trade or business' means the regular conduct or pursuit of a commercial or an economic activity, including transactions incidental thereto, by any person regardless of whether or

not the person engaged therein is a nonstock, nonprofit private organization (irrespective of the

disposition of its net income and whether or not it sells exclusively to members or their guests), or government entity.

The rule of regularity, to the contrary notwithstanding, services as defined in this Code rendered in the Philippines by nonresident foreign persons shall be considered as being course of trade or business.

[...]


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TITLE V

OTHER PERCENTAGE TAXES

Section 116. Tax on Persons Exempt from Value-Added Tax (VAT). - Any person whose sales or receipts

are exempt under Section 109(z) of this Code from the payment of value-added tax and who is not a

VAT-registered person shall pay a tax equivalent to three percent (3%) of his gross quarterly sales or receipts: Provided, That cooperatives shall be exempt from the three percent (3%)gross receipts tax herein imposed.

Revenual Federalism

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Taxing Federalism

/

Telecommunications

Administrative Code of 1987 – Executive Order No. 292

In force since:

25/07/1987

President of the

Philippines

BOOK VI

NATIONAL GOVERNMENT BUDGETING

[...]

Section 20. Tax and Duty Exemptions. - All units of government, including government-owned or

controlled corporations, shall pay income taxes, customs duties and other taxes and fees as are imposed under revenue law: provided, that organizations otherwise exempted by law for the payment of such

taxes/duties may ask for a subsidy from the General Fund in the exact amount of taxes/duties due:

Provided, further, that a procedure shall be established by the Secretary of Finance and the Secretary of the Budget, whereby such subsidies shall automatically be considered as both revenue and expenditure of the General Fund.

Revenual Federalism

/

Taxing Federalism

/

Telecommunications

Local Government Code of 1991 – Republic Act No. 7160

In force since:

10/10/1991

Congress of the

Philippines

Section 129. Power to Create Sources of Revenue. - Each local government unit shall exercise its power

to create its own sources of revenue and to levy taxes, fees, and charges subject to the provisions herein, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local government units.

Section 133. Common Limitations on the Taxing Powers of Local Government Units. - Unless otherwise

provided herein, the exercise of the taxing powers of provinces, cities, municipalities, and barangays shall not extend to the levy of the following:

(a) Income tax, except when levied on banks and other financial institutions;

(b) Documentary stamp tax;

(c) Taxes on estates, inheritance, gifts, legacies and other acquisitions mortis causa, except as otherwise provided herein;

(d) Customs duties, registration fees of vessel and wharfage on wharves, tonnage dues, and

all other kinds of customs fees, charges and dues except wharfage on wharves constructed and maintained by the local government unit concerned;


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(e) Taxes, fees, and charges and other impositions upon goods carried into or out of, or passing through, the territorial jurisdictions of local government units in the guise of charges

for wharfage, tolls for bridges or otherwise, or other taxes, fees, or charges in any form whatsoever upon such goods or merchandise;

(f) Taxes, fees or charges on agricultural and aquatic products when sold by marginal farmers or fishermen;

(g) Taxes on business enterprises certified to by the Board of Investments as pioneer or non-pioneer for a period of six (6) and four (4) years, respectively from the date of registration;

(h) Excise taxes on articles enumerated under the national Internal Revenue Code, as amended, and taxes, fees or charges on petroleum products;

(i) Percentage or value-added tax (VAT) on sales, barters or exchanges or similar transactions on goods or services except as otherwise provided herein;

(j) Taxes on the gross receipts of transportation contractors and persons engaged in the

transportation of passengers or freight by hire and common carriers by air, land or water, except as provided in this Code;

(k) Taxes on premiums paid by way or reinsurance or retrocession;

(l) Taxes, fees or charges for the registration of motor vehicles and for the issuance of all kinds of licenses or permits for the driving thereof, except tricycles;

(m) Taxes, fees, or other charges on Philippine products actually exported, except as otherwise provided herein;

(n) Taxes, fees, or charges, on Countryside and Barangay Business Enterprises and

cooperatives duly registered under R.A. No. 6810 and Republic Act Numbered Sixty-nine hundred thirty-eight (R.A. No. 6938) otherwise known as the "Cooperative Code of the

Philippines" respectively; and

(o) Taxes, fees or charges of any kind on the National Government, its agencies and instrumentalities, and local government units.

Section 158. Juridical Persons Liable to Community Tax. - Every corporation no matter how created or

organized, whether domestic or resident foreign, engaged in or doing business in the Philippines shall

pay an annual community tax of Five hundred pesos (P500.00) and an annual additional tax, which, in no case, shall exceed Ten thousand pesos (P10,000.00) in accordance with the following schedule:

(1) For every Five thousand pesos (P5,000.00) worth of real property in the Philippines

owned by it during the preceding year based on the valuation used for the payment of real


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property tax under existing laws, found in the assessment rolls of the city or municipality where the real property is situated - Two pesos (P2.00); and

(2) For every Five thousand pesos (P5,000.00) of gross receipts or earnings derived by it from its business in the Philippines during the preceding year - Two pesos (P2.00).

The dividends received by a corporation from another corporation however shall, for the purpose of the additional tax, be considered as part of the gross receipts or earnings of said corporation.

Section 186. Power To Levy Other Taxes, Fees or Charges. - Local government units may exercise the

power to levy taxes, fees or charges on any base or subject not otherwise specifically enumerated herein

or taxed under the provisions of the National Internal Revenue Code, as amended, or other applicable laws: Provided, That the taxes, fees, or charges shall not be unjust, excessive, oppressive, confiscatory

or contrary to declared national policy: Provided, further, That the ordinance levying such taxes, fees or

charges shall not be enacted without any prior public hearing conducted for the purpose.

FORM number 002/043 (Revenue – Tax – Broadcast) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




Dimension /

Indicator /

Variable



identification


In force since

Format: dd/mm/yyyy

(Use n/a if not

applicable)

Adopted by

whom

(Use n/a if not

applicable)

Legal basis content


Revenual Federalism

/

Taxing Federalism

/

Broadcast

Presidential Decree No. 1987 In force since:

05/10/1985

President of the

Philippines

Section 10. Tax on Sale, Lease or Disposition of Videograms. - Notwithstanding any provision of law

to the contrary, the province shall collect a tax of thirty percent (30%) of the purchase price or rental rate, as the case may be, for every sale, lease or disposition of a videogram containing a reproduction of

any motion picture or audiovisual program. Fifty percent (50%) of the proceeds of the tax collected shall

accrue to the province, and the other fifty percent (50%) shall accrue to the municipality where the tax is collected; Provided, That in Metropolitan Manila, the tax shall equally by the city/municipality and the Metropolitan Manila Commission.

The tax herein imposed shall be due and payable within the first twenty (20) days of the month next

following that for which it is due, by the proprietor, seller or lessor concerned, and such tax shall be

determined on the basis of a true and complete return of the amount of gross receipts derived during the preceding month. If the tax is not paid within the time fixed herein above, the taxpayer shall be subject

to such surcharges, interests and penalties prescribed by the Local Tax Code. In case ofwillfull neglect

to file the return and pay the tax within the time required, or in case a fraudulent return is filed or a false


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return is willfully made, the taxpayer shall be subject to a surcharge of fifty percent (50%) of the correct amount of the tax due in addition to the interest and penalties provided by the Local Tax Code.

Any provision of law to the contrary notwithstanding, a city may also levy and collect, among others, any of the taxes, fees and other impositions that the province or the municipality may levy and collect.

Revenual Federalism

/

Taxing Federalism

/

Broadcast


Act No. 8424

In force since:

11/12/1997

Congress of the

Philippines



[...]



[...]



(A) In General. - Except as otherwise provided in this Code, an income tax of thirty-five percent (35%) is hereby imposed upon the taxable income derived during each taxable year

from all sources within and without the Philippines by every corporation, as defined in


existing under the laws of the Philippines: Provided, That effective January 1, 1998, the rate

of income tax shall be thirty-four percent (34%); effective January 1, 1999, the rate shall be


[...]



(1) In General. - Except as otherwise provided in this Code, a corporation organized, authorized, or existing under the laws of any foreign country, engaged

in trade or business within the Philippines, shall be subject to an income tax


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equivalent to thirty-five percent (35%) of the taxable income derived in the preceding taxable year from all sources within the Philippines: provided, That

effective January 1, 1998, the rate of income tax shall be thirty-four percent


[...]


(A) In General. - In addition to other taxes imposed by this Title, there is hereby imposed for

each taxable year on the improperly accumulated taxable income of each corporation

described in Subsection B hereof, an improperly accumulated earnings tax equal to ten percent (10%) of the improperly accumulated taxable income.

[...]




payments of interests or dividends by means of coupons, checks or bills of exchange shall obtain a license from the Commissioner, and shall be subject to such rules and regulations enabling the

government to obtain the information required under this Title, as the Secretary of Finance, upon recommendation of the Commissioner, shall prescribe.

[...]

TITLE IV

VALUE- ADDED TAX


Section 105. Persons Liable. - Any person who, in the course of trade or business, sells barters,

exchanges, leases goods or properties, renders services, and any person who imports goods shall be subject to the value-added tax (VAT) imposed in Sections 106 to 108 of this Code.


transferee or lessee of the goods, properties or services. This rule shall likewise apply to existing contracts of sale or lease of goods, properties or services at the time of the effectivity of Republic Act No. 7716.

The phrase 'in the course of trade or business' means the regular conduct or pursuit of a commercial or

an economic activity, including transactions incidental thereto, by any person regardless of whether or



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[...]

TITLE V


Section 116. Tax on Persons Exempt from Value-Added Tax (VAT). - Any person whose sales or receipts are exempt under Section 109(z) of this Code from the payment of value-added tax and who is not a

VAT-registered person shall pay a tax equivalent to three percent (3%) of his gross quarterly sales or

receipts: Provided, That cooperatives shall be exempt from the three percent (3%)gross receipts tax herein imposed.

Revenual Federalism

/

Taxing Federalism

/

Broadcast


In force since:

25/07/1987

President of the

Philippines

BOOK VI


[...]


controlled corporations, shall pay income taxes, customs duties and other taxes and fees as are imposed

under revenue law: provided, that organizations otherwise exempted by law for the payment of such taxes/duties may ask for a subsidy from the General Fund in the exact amount of taxes/duties due:

Provided, further, that a procedure shall be established by the Secretary of Finance and the Secretary of

the Budget, whereby such subsidies shall automatically be considered as both revenue and expenditure of the General Fund.

Revenual Federalism

/

Taxing Federalism

/

Broadcast

In force since:

Revenual Federalism

/

Taxing Federalism


In force since:

10/10/1991

Congress of the

Philippines

Section 129. Power to Create Sources of Revenue. - Each local government unit shall exercise its power to create its own sources of revenue and to levy taxes, fees, and charges subject to the provisions herein,


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/

Broadcast

consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local government units.

Section 133. Common Limitations on the Taxing Powers of Local Government Units. - Unless otherwise provided herein, the exercise of the taxing powers of provinces, cities, municipalities, and barangays shall not extend to the levy of the following:






(e) Taxes, fees, and charges and other impositions upon goods carried into or out of, or passing through, the territorial jurisdictions of local government units in the guise of charges

for wharfage, tolls for bridges or otherwise, or other taxes, fees, or charges in any form

whatsoever upon such goods or merchandise;








(l) Taxes, fees or charges for the registration of motor vehicles and for the issuance of all

kinds of licenses or permits for the driving thereof, except tricycles;


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(n) Taxes, fees, or charges, on Countryside and Barangay Business Enterprises and cooperatives duly registered under R.A. No. 6810 and Republic Act Numbered Sixty-nine

hundred thirty-eight (R.A. No. 6938) otherwise known as the "Cooperative Code of the Philippines" respectively; and


Section 158. Juridical Persons Liable to Community Tax. - Every corporation no matter how created or

organized, whether domestic or resident foreign, engaged in or doing business in the Philippines shall pay an annual community tax of Five hundred pesos (P500.00) and an annual additional tax, which, in no case, shall exceed Ten thousand pesos (P10,000.00) in accordance with the following schedule:





The dividends received by a corporation from another corporation however shall, for the purpose of the additional tax, be considered as part of the gross receipts or earnings of said corporation.


power to levy taxes, fees or charges on any base or subject not otherwise specifically enumerated herein

or taxed under the provisions of the National Internal Revenue Code, as amended, or other applicable laws: Provided, That the taxes, fees, or charges shall not be unjust, excessive, oppressive, confiscatory



FORM number 003/043 (Revenue – Tax – Broadband) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)





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Dimension /

Indicator /

Variable



identification


In force since

Format: dd/mm/yyyy

(Use n/a if not

applicable)

Adopted by

whom

(Use n/a if not

applicable)

Legal basis content


Revenual Federalism

/

Taxing Federalism

/

Broadband


Act No. 8424

In force since:

11/12/1997

Congress of the

Philippines



[...]



[...]







thirty-three percent (33%); and effective January 1, 2000 and thereafter, the rate shall be

thirty-two percent (32%).

[...]



(1) In General. - Except as otherwise provided in this Code, a corporation organized, authorized, or existing under the laws of any foreign country, engaged

in trade or business within the Philippines, shall be subject to an income tax

equivalent to thirty-five percent (35%) of the taxable income derived in the preceding taxable year from all sources within the Philippines: provided, That

effective January 1, 1998, the rate of income tax shall be thirty-four percent


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[...]


(A) In General. - In addition to other taxes imposed by this Title, there is hereby imposed for

each taxable year on the improperly accumulated taxable income of each corporation

described in Subsection B hereof, an improperly accumulated earnings tax equal to ten

percent (10%) of the improperly accumulated taxable income.

[...]




payments of interests or dividends by means of coupons, checks or bills of exchange shall obtain a license from the Commissioner, and shall be subject to such rules and regulations enabling the

government to obtain the information required under this Title, as the Secretary of Finance, upon

recommendation of the Commissioner, shall prescribe.

[...]

TITLE IV

VALUE- ADDED TAX





transferee or lessee of the goods, properties or services. This rule shall likewise apply to existing contracts of sale or lease of goods, properties or services at the time of the effectivity of Republic Act No. 7716.


an economic activity, including transactions incidental thereto, by any person regardless of whether or



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[...]

TITLE V


Section 116. Tax on Persons Exempt from Value-Added Tax (VAT). - Any person whose sales or receipts are exempt under Section 109(z) of this Code from the payment of value-added tax and who is not a

VAT-registered person shall pay a tax equivalent to three percent (3%) of his gross quarterly sales or

receipts: Provided, That cooperatives shall be exempt from the three percent (3%)gross receipts tax herein imposed.

Revenual Federalism

/

Taxing Federalism

/

Broadband


In force since:

25/07/1987

President of the

Philippines

BOOK VI


[...]




Provided, further, that a procedure shall be established by the Secretary of Finance and the Secretary of

the Budget, whereby such subsidies shall automatically be considered as both revenue and expenditure of the General Fund.

Revenual Federalism

/

Taxing Federalism

/

Broadband


In force since:

10/10/1991

Congress of the

Philippines

Section 129. Power to Create Sources of Revenue. - Each local government unit shall exercise its power

to create its own sources of revenue and to levy taxes, fees, and charges subject to the provisions herein,

consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local government units.




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(e) Taxes, fees, and charges and other impositions upon goods carried into or out of, or

passing through, the territorial jurisdictions of local government units in the guise of charges




(h) Excise taxes on articles enumerated under the national Internal Revenue Code, as

amended, and taxes, fees or charges on petroleum products;







(n) Taxes, fees, or charges, on Countryside and Barangay Business Enterprises and

cooperatives duly registered under R.A. No. 6810 and Republic Act Numbered Sixty-nine hundred thirty-eight (R.A. No. 6938) otherwise known as the "Cooperative Code of the Philippines" respectively; and


of 194


Section 158. Juridical Persons Liable to Community Tax. - Every corporation no matter how created or organized, whether domestic or resident foreign, engaged in or doing business in the Philippines shall

pay an annual community tax of Five hundred pesos (P500.00) and an annual additional tax, which, in no case, shall exceed Ten thousand pesos (P10,000.00) in accordance with the following schedule:





The dividends received by a corporation from another corporation however shall, for the

purpose of the additional tax, be considered as part of the gross receipts or earnings of said corporation.


power to levy taxes, fees or charges on any base or subject not otherwise specifically enumerated herein or taxed under the provisions of the National Internal Revenue Code, as amended, or other applicable

laws: Provided, That the taxes, fees, or charges shall not be unjust, excessive, oppressive, confiscatory



FORM number 004/043 (Revenue – Tax – e-Commerce) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




Dimension /

Indicator /

Variable



identification


In force since

Format: dd/mm/yyyy

(Use n/a if not

applicable)

Adopted by

whom

(Use n/a if not

applicable)

Legal basis content


Revenual Federalism

/


Act No. 8424

In force since:

11/12/1997

Congress of the

Philippines



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Taxing Federalism

/

e-Commerce


[...]



[...]








[...]



(1) In General. - Except as otherwise provided in this Code, a corporation

organized, authorized, or existing under the laws of any foreign country, engaged in trade or business within the Philippines, shall be subject to an income

tax equivalent to thirty-five percent (35%) of the taxable income derived in the

preceding taxable year from all sources within the Philippines: provided, That effective January 1, 1998, the rate of income tax shall be thirty-four percent

(34%); effective January 1, 1999, the rate shall be thirty-three percent (33%),

and effective January 1, 2000 and thereafter, the rate shall be thirty-two percent (32%).

[...]


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(A) In General. - In addition to other taxes imposed by this Title, there is hereby imposed

for each taxable year on the improperly accumulated taxable income of each corporation described in Subsection B hereof, an improperly accumulated earnings tax equal to ten percent (10%) of the improperly accumulated taxable income.

[...]



partnerships (companias colectivas) undertaking for profit or otherwise the collection of foreign payments of interests or dividends by means of coupons, checks or bills of exchange shall obtain a

license from the Commissioner, and shall be subject to such rules and regulations enabling the

government to obtain the information required under this Title, as the Secretary of Finance, upon recommendation of the Commissioner, shall prescribe.

[...]

TITLE IV

VALUE- ADDED TAX





transferee or lessee of the goods, properties or services. This rule shall likewise apply to existing

contracts of sale or lease of goods, properties or services at the time of the effectivity of Republic Act No. 7716.


an economic activity, including transactions incidental thereto, by any person regardless of whether or not the person engaged therein is a nonstock, nonprofit private organization (irrespective of the




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[...]

TITLE V


Section 116. Tax on Persons Exempt from Value-Added Tax (VAT). - Any person whose sales or receipts are exempt under Section 109(z) of this Code from the payment of value-added tax and who

is not a VAT-registered person shall pay a tax equivalent to three percent (3%) of his gross quarterly

sales or receipts: Provided, That cooperatives shall be exempt from the three percent (3%)gross receipts

tax herein imposed.

Revenual Federalism

/

Taxing Federalism

/

e-Commerce


In force since:

25/07/1987

President of the

Philippines

BOOK VI


[...]




Provided, further, that a procedure shall be established by the Secretary of Finance and the Secretary

of the Budget, whereby such subsidies shall automatically be considered as both revenue and expenditure of the General Fund.

Revenual Federalism

/

Taxing Federalism

/

e-Commerce


In force since:

10/10/1991

Congress of the

Philippines

Section 129. Power to Create Sources of Revenue. - Each local government unit shall exercise its

power to create its own sources of revenue and to levy taxes, fees, and charges subject to the provisions

herein, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local government units.






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(d) Customs duties, registration fees of vessel and wharfage on wharves, tonnage dues, and all other kinds of customs fees, charges and dues except wharfage on wharves constructed and maintained by the local government unit concerned;

(e) Taxes, fees, and charges and other impositions upon goods carried into or out of, or

passing through, the territorial jurisdictions of local government units in the guise of charges


(f) Taxes, fees or charges on agricultural and aquatic products when sold by marginal

farmers or fishermen;




(j) Taxes on the gross receipts of transportation contractors and persons engaged in the transportation of passengers or freight by hire and common carriers by air, land or water, except as provided in this Code;




(n) Taxes, fees, or charges, on Countryside and Barangay Business Enterprises and cooperatives duly registered under R.A. No. 6810 and Republic Act Numbered Sixty-nine

hundred thirty-eight (R.A. No. 6938) otherwise known as the "Cooperative Code of the Philippines" respectively; and


Section 158. Juridical Persons Liable to Community Tax. - Every corporation no matter how created

or organized, whether domestic or resident foreign, engaged in or doing business in the Philippines

shall pay an annual community tax of Five hundred pesos (P500.00) and an annual additional tax,


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which, in no case, shall exceed Ten thousand pesos (P10,000.00) in accordance with the following schedule:

(1) For every Five thousand pesos (P5,000.00) worth of real property in the Philippines owned by it during the preceding year based on the valuation used for the payment of real



The dividends received by a corporation from another corporation however shall, for the

purpose of the additional tax, be considered as part of the gross receipts or earnings of said corporation.

Section 186. Power To Levy Other Taxes, Fees or Charges. - Local government units may exercise the power to levy taxes, fees or charges on any base or subject not otherwise specifically enumerated

herein or taxed under the provisions of the National Internal Revenue Code, as amended, or other

applicable laws: Provided, That the taxes, fees, or charges shall not be unjust, excessive, oppressive, confiscatory or contrary to declared national policy: Provided, further, That the ordinance levying such

taxes, fees or charges shall not be enacted without any prior public hearing conducted for the purpose.

FORM number 005/043 (Revenue – Administrative Fees – Telecommunications) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




Dimension /

Indicator /

Variable



identification


In force since

Format: dd/mm/yyyy

(Use n/a if not

applicable)

Adopted by

whom


Legal basis content


Revenual Federalism

/

Taxing Federalism

/

Telecommunications


In force since:

10/10/1991

Congress of the

Philippines


power to create its own sources of revenue and to levy taxes, fees, and charges subject to the provisions herein, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue exclusively to the local government units.

Section 186. Power To Levy Other Taxes, Fees or Charges. - Local government units may exercise

the power to levy taxes, fees or charges on any base or subject not otherwise specifically enumerated

herein or taxed under the provisions of the National Internal Revenue Code, as amended, or other applicable laws: Provided, That the taxes, fees, or charges shall not be unjust, excessive, oppressive,


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confiscatory or contrary to declared national policy: Provided, further, That the ordinance levying such


FORM number 006/043 (Revenue – Administrative Fees – Broadcast) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




Dimension /

Indicator /

Variable



identification


In force since

Format: dd/mm/yyyy

(Use n/a if not

applicable)

Adopted by

whom


Legal basis content


Revenual Federalism

/

Taxing Federalism

/

Broadcast

Regulation of radio stations and radio communications – Republic

Act No. 3846

In force since:

10/08/1963

Congress of the

Philippines

Section 3. The Secretary of Commerce and Communication is hereby empowered to regulate the

establishment, use, and operation of all radio stations and of all forms of radio communications and

transmissions within the Philippine Islands and to issue such rules and regulations as may be necessary.

In addition to the above, he shall have the following specific powers and duties:

(i) He shall prescribe rates of charges to be paid to the Government for the inspection of stations, for the licensing of stations, for the examination of operators, for the licensing of

operators, for the renewal of station or operator licenses, and for such other services as may be rendered;

Revenual Federalism

/

Taxing Federalism

/

Broadcast


05/10/1985

President of the

Philippines

Section 3. Powers and Functions. - The BOARD shall have the following powers and functions:

5) To levy, assess and collect, and periodically adjust and revise the rates of fees and charges for the work of review and examination and for the issuance of licenses and permits which

the BOARD is authorized to grant in the exercise of its powers and functions and in the performance of its duties and responsibilities;

Revenual Federalism

/

Taxing Federalism

/

Executive Order No. 205 In force since: 30/06/1987

President of the

Philippines

Sec. 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.


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Broadcast

Revenual Federalism

/

Taxing Federalism

/

Broadcast


In force since:

10/10/1991

Congress of the

Philippines


power to create its own sources of revenue and to levy taxes, fees, and charges subject to the provisions


Section 186. Power To Levy Other Taxes, Fees or Charges. - Local government units may exercise the power to levy taxes, fees or charges on any base or subject not otherwise specifically

enumerated herein or taxed under the provisions of the National Internal Revenue Code, as amended,

or other applicable laws: Provided, That the taxes, fees, or charges shall not be unjust, excessive,

oppressive, confiscatory or contrary to declared national policy: Provided, further, That the ordinance

levying such taxes, fees or charges shall not be enacted without any prior public hearing conducted for

the purpose.

FORM number 007/043 (Revenue – Administrative Fees – Broadband) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




Dimension /

Indicator /

Variable



identification


In force since

Format: dd/mm/yyyy

(Use n/a if not

applicable)

Adopted by

whom


Legal basis content


Revenual Federalism

/

Taxing Federalism

/

Broadband


In force since:

10/10/1991

Congress of the

Philippines


power to create its own sources of revenue and to levy taxes, fees, and charges subject to the provisions herein, consistent with the basic policy of local autonomy. Such taxes, fees, and charges shall accrue

exclusively to the local government units.


the power to levy taxes, fees or charges on any base or subject not otherwise specifically enumerated

herein or taxed under the provisions of the National Internal Revenue Code, as amended, or other applicable laws: Provided, That the taxes, fees, or charges shall not be unjust, excessive, oppressive,

confiscatory or contrary to declared national policy: Provided, further, That the ordinance levying such



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FORM number 008/043 (Revenue – Administrative Fees – e-Commerce) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)


Category: Absent (Centralized – Decentralized – Interdependent – Absent)


Dimension /

Indicator /

Variable



identification


In force since

Format: dd/mm/yyyy

(Use n/a if not

applicable)

Adopted by

whom


Legal basis content


Revenual Federalism

/

Taxing Federalism

/

Broadcast


In force since:

10/10/1991

Congress of the

Philippines

Section 129. Power to Create Sources of Revenue. - Each local government unit shall exercise its power to create its own sources of revenue and to levy taxes, fees, and charges subject to the provisions



the power to levy taxes, fees or charges on any base or subject not otherwise specifically enumerated herein or taxed under the provisions of the National Internal Revenue Code, as amended, or other

applicable laws: Provided, That the taxes, fees, or charges shall not be unjust, excessive, oppressive,

confiscatory or contrary to declared national policy: Provided, further, That the ordinance levying such taxes, fees or charges shall not be enacted without any prior public hearing conducted for the purpose.

FORM number 009/043 (Fiscal Transfer – National Funds – Telecommunications) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




Dimension /

Indicator /

Variable



identification


In force since

Format: dd/mm/yyyy

(Use n/a if not

applicable)

Adopted by

whom

(Use n/a if not

applicable)

Legal basis content


Fiscal Transfer

/

National Funds

/

Telecommunications

Executive Order No. 469 In force since:

19/07/1994

President of the

Philippines

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."

Fiscal Transfer Constitution of the Republic of the Philippines

In force since:

02/02/1987

Congress of the

Philippines

ARTICLE VI


of 194

/

National Funds

/

Telecommunications


Section 29.

1. No money shall be paid out of the Treasury except in pursuance of an appropriation made

by law.

2. No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian

institution, or system of religion, or of any priest, preacher, minister, other religious teacher,

or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to

the armed forces, or to any penal institution, or government orphanage or leprosarium.

3. All money collected on any tax levied for a special purpose shall be treated as a special

fund and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the Government.

ARTICLE X

LOCAL GOVERNMENT

GENERAL PROVISIONS

Section 6. Local government units shall have a just share, as determined by law, in the national taxes which shall be automatically released to them.

Section 7. Local governments shall be entitled to an equitable share in the proceeds of the utilization

and development of the national wealth within their respective areas, in the manner provided by law, including sharing the same with the inhabitants by way of direct benefits.

Fiscal Transfer

/

National Funds

/

Telecommunications


Act No. 8424

In force since:

11/12/1997

Congress of the

Philippines

Section 283. Disposition of National Internal Revenue. - National Internal revenue collected and not

applied as herein above provided or otherwise specially disposed of by law shall accrue to the National

Treasury and shall be available for the general purposes of the Government, with the exception of the amounts set apart by way of allotment as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991.

In addition to the internal revenue allotment as provided for in the preceding paragraph, fifty percent

(50%) of the national taxes collected under Sections 106, 108 and 116 of this Code in excess of the increase in collections for the immediately preceding year shall be distributed as follows:

(a) Twenty percent (20%) shall accrue to the city or municipality where such taxes are

collected and shall be allocated in accordance with Section 150 of Republic Act No. 7160,

otherwise known as the Local Government Code of 1991; and


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(b) Eighty percent (80%) shall accrue to the National Government.

[...]

CHAPTER II - SPECIAL DISPOSITION OF CERTAIN NATIONAL INTERNAL REVENUE

TAXES

[...]

Section 287. Shares of Local Government Units in the Proceeds from the Development and Utilization of the National Wealth. - Local Government units shall have an equitable share in the proceeds derived

from the utilization and development of the national wealth, within their respective areas, including sharing the same with the inhabitants by way of direct benefits.

(A) Amount of Share of Local Government Units. - Local government units shall, in

addition to the internal revenue allotment, have a share of forty percent (40%) of the gross collection derived by the national government from the preceding fiscal year from excise

taxes on mineral products, royalties, and such other taxes, fees or charges, including related

surcharges, interests or fines, and from its share in any co-production, joint venture or production sharing agreement in the utilization and development of the national wealth within their territorial jurisdiction.

(B) Share of the Local Governments from Any Government Agency or Government-owned

or - Controlled Corporation. - Local Government Units shall have a share, based on the

preceding fiscal year, from the proceeds derived by any government agency or government-owned or controlled corporation engaged in the utilization and development of the national

wealth based on the following formula, whichever will produce a higher share for the local government unit:

(1) One percent (1%) of the gross sales or receipts of the preceding calendar year, or

(2) Forty percent (40%) of the excise taxes on mineral products, royalties, and

such other taxes, fees or charges, including related surcharges, interests or fines the government agency or government-owned or -controlled corporations would have paid if it were not otherwise exempt.

(C) Allocation of Shares. - The share in the preceding Section shall be distributed in the following manner:

(1) Where the natural resources are located in the province:

(a) Province - twenty percent (20%)

(b) Component city/municipality - forty-five percent (45%); and


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(c) Barangay - thirty-five percent (35%)

Provided, however, That where the natural resources are located in

two (2) or more cities, the allocation of shares shall be based on the formula on population and land area as specified in subsection (C)(1) hereof.

(2) Where the natural resources are located in a highly urbanized or independent component city:

(a) City - sixty - five percent (65%); and

(b) Barangay - thirty - five percent (35%)


two (2) or more cities, the allocation of shares shall be based on the formula on population and land area as specified in subsection (c)(1) hereof.

Regulation

/

Contingent Regulation

/

Telecommunications


In force since:

25/07/1987

President of the

Philippines

BOOK VI


[...]

Section 5. National Resource Budget. - The finances of government shall be analyzed and determined

as the aggregate of revenue, expenditure and debt of all units of government, including the national government and its agencies and instrumentalities, local government units and government-owned or

controlled corporations. The national government budget shall be evolved within the framework of the

total impact of government activity on the national economy. The budgets of government corporations

and local governments shall be consistent in form and timing with that of the national government, to facilitate comprehensive evaluation.

[...]

Section 15. Regional Budget. - The Budgets of national government agencies shall be prepared taking into full and careful consideration the opportunities and requirements specific to the various regions of

the country. Where they are organized, regional offices shall originate agency budget proposals, in accordance with approved priorities and guidelines.

Agencies which are not regionalized shall nonetheless estimate the amounts planned to be spent for

each region of the country.


of 194

The Secretary shall identify by region the expenditure programs of the national government agencies in the national government budget, and release funds to national government agencies in accordance with the approved regional distribution of expenditures, specifying the region of destination.

Departments and agencies shall sub-allot in full and without the imposition of reserves, the approved

budget allocation of their various regional offices, except as may be authorized by the Secretary, in

case realignment of expenditures prove to be necessary in the course of budget execution. The Secretary shall issue the rules and regulations needed to implement the provisions of this section.

FORM number 010/043 (Fiscal Transfer – National Funds – Broadcast) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




Dimension /

Indicator /

Variable

Legal or policy basis or regulatory

instrument identification


In force since

Format: dd/mm/yyyy

(Use n/a if not

applicable)

Adopted by

whom

(Use n/a if not

applicable)

Legal basis content


Fiscal Transfer

/

National Funds

/

Broadcast


05/10/1985

President of the

Philippines

Section 20. Sinking Fund. - Notwithstanding any provision of law, rule or regulation,

executive or administrative order to the contrary, there is hereby established a Sinking Fund,

to be administered at all times by the BOARD, consisting of all such fees and charges levied, assessed, and collected by the BOARD which shall be at immediate disposal of the BOARD

to be used exclusively for the operational and administrative expenses of the BOARD and for the acquisition of necessary facilities, supplies and equipment.

Fiscal Transfer

/

National Funds

/

Broadcast


05/10/1985

President of the

Philippines

Section 16. Appropriations. - The sum of Three Million Pesos out of any available funds

from the National Treasury is hereby appropriated and authorized to be released for the

organization of the BOARD and its initial operations. Henceforth, funds sufficient to fully

carry out the functions and objectives of the BOARD shall be appropriated every fiscal year in the General Appropriations Act.

All fees, revenues and receipts of the BOARD from any and all sources shall be used to augment the funds to support the expenditures needed by the BOARD in the pursuit of its

purposes and objectives and the exercise of its powers and functions, and for such other purposes as may hereafter be directed by the President of the Philippines.

Fiscal Transfer

/

Constitution of the Republic of the Philippines In force since:

02/02/1987

Congress of the

Philippines

ARTICLE VI


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National Funds

/

Broadcast


Section 29.

1. No money shall be paid out of the Treasury except in pursuance of an

appropriation made by law.

2. No public money or property shall be appropriated, applied, paid, or employed, directly or indirectly, for the use, benefit, or support of any sect, church,

denomination, sectarian institution, or system of religion, or of any priest,

preacher, minister, other religious teacher, or dignitary as such, except when such

priest, preacher, minister, or dignitary is assigned to the armed forces, or to any

penal institution, or government orphanage or leprosarium.

3. All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special

fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the Government.

ARTICLE X

LOCAL GOVERNMENT

GENERAL PROVISIONS


Section 7. Local governments shall be entitled to an equitable share in the proceeds of the

utilization and development of the national wealth within their respective areas, in the manner provided by law, including sharing the same with the inhabitants by way of direct benefits.

Fiscal Transfer

/

National Funds

/

Broadcast

Tax Reform Act of 1987 – Republic Act No.

8424

In force since:

11/12/1997

Congress of the

Philippines

Section 283. Disposition of National Internal Revenue. - National Internal revenue collected and not applied as herein above provided or otherwise specially disposed of by law shall

accrue to the National Treasury and shall be available for the general purposes of the

Government, with the exception of the amounts set apart by way of allotment as provided for under Republic Act No. 7160, otherwise known as the Local Government Code of 1991.

In addition to the internal revenue allotment as provided for in the preceding paragraph, fifty percent (50%) of the national taxes collected under Sections 106, 108 and 116 of this Code

in excess of the increase in collections for the immediately preceding year shall be distributed as follows:

(a) Twenty percent (20%) shall accrue to the city or municipality where such

taxes are collected and shall be allocated in accordance with Section 150 of


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Republic Act No. 7160, otherwise known as the Local Government Code of 1991; and


[...]

CHAPTER II - SPECIAL DISPOSITION OF CERTAIN NATIONAL INTERNAL

REVENUE TAXES

[...]

Section 287. Shares of Local Government Units in the Proceeds from the Development and Utilization of the National Wealth. - Local Government units shall have an equitable share

in the proceeds derived from the utilization and development of the national wealth, within

their respective areas, including sharing the same with the inhabitants by way of direct benefits.

(A) Amount of Share of Local Government Units. - Local government units shall, in addition to the internal revenue allotment, have a share of forty percent (40%)

of the gross collection derived by the national government from the preceding

fiscal year from excise taxes on mineral products, royalties, and such other taxes, fees or charges, including related surcharges, interests or fines, and from its share

in any co-production, joint venture or production sharing agreement in the

utilization and development of the national wealth within their territorial jurisdiction.

(B) Share of the Local Governments from Any Government Agency or Government-owned or - Controlled Corporation. - Local Government Units shall

have a share, based on the preceding fiscal year, from the proceeds derived by

any government agency or government-owned or controlled corporation engaged in the utilization and development of the national wealth based on the following formula, whichever will produce a higher share for the local government unit:


(2) Forty percent (40%) of the excise taxes on mineral products,

royalties, and such other taxes, fees or charges, including related

surcharges, interests or fines the government agency or government-owned or -controlled corporations would have paid if it were not otherwise exempt.

(C) Allocation of Shares. - The share in the preceding Section shall be distributed

in the following manner:


of 194





Provided, however, That where the natural resources are located in two (2) or more cities, the allocation of shares

shall be based on the formula on population and land area as specified in subsection (C)(1) hereof.




Provided, however, That where the natural resources are located in two (2) or more cities, the allocation of shares

shall be based on the formula on population and land area as specified in subsection (c)(1) hereof.

Regulation

/

Contingent

Regulation

/

Broadcast


In force since:

25/07/1987

President of the

Philippines

BOOK VI


[...]

Section 5. National Resource Budget. - The finances of government shall be analyzed and determined as the aggregate of revenue, expenditure and debt of all units of government,

including the national government and its agencies and instrumentalities, local government

units and government-owned or controlled corporations. The national government budget shall be evolved within the framework of the total impact of government activity on the

national economy. The budgets of government corporations and local governments shall be

consistent in form and timing with that of the national government, to facilitate comprehensive evaluation.

[...]


of 194

Section 15. Regional Budget. - The Budgets of national government agencies shall be prepared taking into full and careful consideration the opportunities and requirements

specific to the various regions of the country. Where they are organized, regional offices

shall originate agency budget proposals, in accordance with approved priorities and guidelines.

Agencies which are not regionalized shall nonetheless estimate the amounts planned to be spent for each region of the country.

The Secretary shall identify by region the expenditure programs of the national government

agencies in the national government budget, and release funds to national government

agencies in accordance with the approved regional distribution of expenditures, specifying the region of destination.

Departments and agencies shall sub-allot in full and without the imposition of reserves, the

approved budget allocation of their various regional offices, except as may be authorized by the Secretary, in case realignment of expenditures prove to be necessary in the course of

budget execution. The Secretary shall issue the rules and regulations needed to implement the provisions of this section.

FORM number 011/043 (Fiscal Transfer – National Funds – Broadband) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




Dimension /

Indicator /

Variable



identification


In force since

Format: dd/mm/yyyy

(Use n/a if not

applicable)

Adopted by

whom

(Use n/a if not

applicable)

Legal basis content


Fiscal Transfer

/

National Funds

/

Broadband


In force since:

02/02/1987

Congresso f the

Philippines

ARTICLE VI


Section 29.


by law.

5. No public money or property shall be appropriated, applied, paid, or employed, directly or

indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian

institution, or system of religion, or of any priest, preacher, minister, other religious teacher,


of 194

or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to the armed forces, or to any penal institution, or government orphanage or leprosarium.

6. All money collected on any tax levied for a special purpose shall be treated as a special fund

and paid out for such purpose only. If the purpose for which a special fund was created has been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the Government.

ARTICLE X

LOCAL GOVERNMENT

GENERAL PROVISIONS




Fiscal Transfer

/

National Funds

/

Broadband


Act No. 8424

In force since:

11/12/1997

Congress of the

Philippines







collected and shall be allocated in accordance with Section 150 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991; and


[...]


TAXES


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[...]

Section 287. Shares of Local Government Units in the Proceeds from the Development and Utilization

of the National Wealth. - Local Government units shall have an equitable share in the proceeds derived from the utilization and development of the national wealth, within their respective areas, including sharing the same with the inhabitants by way of direct benefits.


addition to the internal revenue allotment, have a share of forty percent (40%) of the gross

collection derived by the national government from the preceding fiscal year from excise


surcharges, interests or fines, and from its share in any co-production, joint venture or

production sharing agreement in the utilization and development of the national wealth within their territorial jurisdiction.

(B) Share of the Local Governments from Any Government Agency or Government-owned or - Controlled Corporation. - Local Government Units shall have a share, based on the

preceding fiscal year, from the proceeds derived by any government agency or government-

owned or controlled corporation engaged in the utilization and development of the national wealth based on the following formula, whichever will produce a higher share for the local government unit:



such other taxes, fees or charges, including related surcharges, interests or fines

the government agency or government-owned or -controlled corporations would have paid if it were not otherwise exempt.







two (2) or more cities, the allocation of shares shall be based on the

formula on population and land area as specified in subsection (C)(1) hereof.


of 194





two (2) or more cities, the allocation of shares shall be based on the

formula on population and land area as specified in subsection (c)(1)

hereof.

Regulation

/


/

Broadband


In force since:

25/07/1987

President of the

Philippines

BOOK VI


[...]


as the aggregate of revenue, expenditure and debt of all units of government, including the national

government and its agencies and instrumentalities, local government units and government-owned or controlled corporations. The national government budget shall be evolved within the framework of the



[...]

Section 15. Regional Budget. - The Budgets of national government agencies shall be prepared taking

into full and careful consideration the opportunities and requirements specific to the various regions of

the country. Where they are organized, regional offices shall originate agency budget proposals, in accordance with approved priorities and guidelines.


The Secretary shall identify by region the expenditure programs of the national government agencies

in the national government budget, and release funds to national government agencies in accordance with the approved regional distribution of expenditures, specifying the region of destination.


budget allocation of their various regional offices, except as may be authorized by the Secretary, in


of 194

case realignment of expenditures prove to be necessary in the course of budget execution. The Secretary shall issue the rules and regulations needed to implement the provisions of this section.

FORM number 012/043 (Fiscal Transfer – National Funds – e-Commerce) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




Dimension /

Indicator /

Variable



identification


In force since

Format: dd/mm/yyyy

(Use n/a if not

applicable)

Adopted by

whom

(Use n/a if not

applicable)

Legal basis content


Fiscal Transfer

/

National Funds

/

e-Commerce


23/02/1998

President of the

Philippines

Section 6. Funding - DTI shall provide from its 1998 budget a total amount of P5 million for the

operational budget of the Council during its initial year. Budgetary requirements for the succeeding years shall be sourced from the contributions of the private sector and concerned agencies as may be agreed upon by the Council.

Fiscal Transfer

/

National Funds

/

e-Commerce


In force since:

02/02/1987

Congresso f the

Philippines

ARTICLE VI


Section 29.


by law. 2. No public money or property shall be appropriated, applied, paid, or employed, directly or

indirectly, for the use, benefit, or support of any sect, church, denomination, sectarian

institution, or system of religion, or of any priest, preacher, minister, other religious teacher, or dignitary as such, except when such priest, preacher, minister, or dignitary is assigned to

the armed forces, or to any penal institution, or government orphanage or leprosarium.

3. All money collected on any tax levied for a special purpose shall be treated as a special fund and paid out for such purpose only. If the purpose for which a special fund was created has

been fulfilled or abandoned, the balance, if any, shall be transferred to the general funds of the Government.

ARTICLE X


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LOCAL GOVERNMENT

GENERAL PROVISIONS




Fiscal Transfer

/

National Funds

/

e-Commerce


Act No. 8424

In force since:

11/12/1997

Congress of the

Philippines







collected and shall be allocated in accordance with Section 150 of Republic Act No. 7160, otherwise known as the Local Government Code of 1991; and


[...]


TAXES

[...]

Section 287. Shares of Local Government Units in the Proceeds from the Development and Utilization of the National Wealth. - Local Government units shall have an equitable share in the proceeds derived

from the utilization and development of the national wealth, within their respective areas, including sharing the same with the inhabitants by way of direct benefits.


addition to the internal revenue allotment, have a share of forty percent (40%) of the gross collection derived by the national government from the preceding fiscal year from excise



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surcharges, interests or fines, and from its share in any co-production, joint venture or production sharing agreement in the utilization and development of the national wealth within their territorial jurisdiction.

(B) Share of the Local Governments from Any Government Agency or Government-owned

or - Controlled Corporation. - Local Government Units shall have a share, based on the

preceding fiscal year, from the proceeds derived by any government agency or government-owned or controlled corporation engaged in the utilization and development of the national

wealth based on the following formula, whichever will produce a higher share for the local government unit:



such other taxes, fees or charges, including related surcharges, interests or fines the government agency or government-owned or -controlled corporations would have paid if it were not otherwise exempt.






Provided, however, That where the natural resources are located in two (2) or more cities, the allocation of shares shall be based on the

formula on population and land area as specified in subsection (C)(1) hereof.




Provided, however, That where the natural resources are located in two (2) or more cities, the allocation of shares shall be based on the


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formula on population and land area as specified in subsection (c)(1) hereof.

Regulation

/


/

e-Commerce


In force since:

25/07/1987

President of the

Philippines

BOOK VI


[...]


as the aggregate of revenue, expenditure and debt of all units of government, including the national

government and its agencies and instrumentalities, local government units and government-owned or controlled corporations. The national government budget shall be evolved within the framework of the



[...]

Section 15. Regional Budget. - The Budgets of national government agencies shall be prepared taking

into full and careful consideration the opportunities and requirements specific to the various regions of the country. Where they are organized, regional offices shall originate agency budget proposals, in accordance with approved priorities and guidelines.


The Secretary shall identify by region the expenditure programs of the national government agencies

in the national government budget, and release funds to national government agencies in accordance with the approved regional distribution of expenditures, specifying the region of destination.


budget allocation of their various regional offices, except as may be authorized by the Secretary, in case realignment of expenditures prove to be necessary in the course of budget execution. The Secretary shall issue the rules and regulations needed to implement the provisions of this section.

FORM number 013/043 (Fiscal Transfer – Local Treasuries – Telecommunications) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)

Institutional dimension: Federalism Country analyzed:Philippines


of 194


Dimension /

Indicator /

Variable



identification


In force since

Format: dd/mm/yyyy

(Use n/a if not

applicable)

Adopted by

whom

(Use n/a if not

applicable)

Legal basis content


Fiscal Transfer

/

Local Treasuries

/

Telecommunications


12/07/1993

President of the

Philippines

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

Fiscal Transfer

/

Local Treasuries

/

Telecommunications


In force since:

10/10/1991

Congress of the

Philippines

Section 284. Allotment of Internal Revenue Taxes. - Local government units shall have a share in the

national internal revenue taxes based on the collection of the third fiscal year preceding the current fiscal year as follows:

(a) On the first year of the effectivity of this Code, thirty percent (30%);

(b) On the second year, thirty-five percent (35%); and

(c) On the third year and thereafter, forty percent (40%).

Provided, That in the event that the national government incurs an unmanageable public sector deficit,

the President of the Philippines is hereby authorized, upon the recommendation of Secretary of Finance, Secretary of Interior and Local Government and Secretary of Budget and Management, and

subject to consultation with the presiding officers of both Houses of Congress and the presidents of the

"liga", to make the necessary adjustments in the internal revenue allotment of local government units but in no case shall the allotment be less than thirty percent (30%) of the collection of national internal

revenue taxes of the third fiscal year preceding the current fiscal year: Provided, further, That in the

first year of the effectivity of this Code, the local government units shall, in addition to the thirty percent (30%) internal revenue allotment which shall include the cost of devolved functions for

essential public services, be entitled to receive the amount equivalent to the cost of devolved personal services.

Section 285. Allocation to Local Government Units. - The share of local government units in the internal revenue allotment shall be collected in the following manner:

(a) Provinces - Twenty-three percent (23%);

(b) Cities - Twenty-three percent (23%);

(c) Municipalities - Thirty-four percent (34%); and


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(d) Barangays - Twenty percent (20%)

Provided, however, That the share of each province, city, and municipality shall be determined on the basis of the following formula:

(a) Population - Fifty percent (50%);

(b) Land Area - Twenty-five percent (25%); and

(c) Equal sharing - Twenty-five percent (25%)

Provided, further, That the share of each barangay with a population of not less than one hundred (100)

inhabitants shall not be less than Eighty thousand (P80,000.00) per annum chargeable against the twenty percent (20%) share of the barangay from the internal revenue allotment, and the balance to be allocated on the basis of the following formula:

(a) On the first year of the effectivity of this Code:

(1) Population - Forty percent (40%); and

(2) Equal sharing - Sixty percent (60%)

(b) On the second year:

(1) Population - Fifty percent (50%); and

(2) Equal sharing - Fifty percent (50%)

(c) On the third year and thereafter:

(1) Population - Sixty percent (60%); and

(2) Equal sharing - Forty percent (40%).

Provided, finally, That the financial requirements of barangays created by local government units after the effectivity of this Code shall be the responsibility of the local government unit concerned.

Section 286. Automatic Release of Shares. -

(a) The share of each local government unit shall be released, without need of any further

action, directly to the provincial, city, municipal or barangay treasurer, as the case may be,

on a quarterly basis within five (5) days after the end of each quarter, and which shall not


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be subject to any lien or holdback that may be imposed by the national government for whatever purpose.

(b) Nothing in this Chapter shall be understood to diminish the share of local government units under existing laws.

Section 287. Local Development Projects. - Each local government unit shall appropriate in its annual budget no less than twenty percent (20%) of its annual internal revenue allotment for development

projects. Copies of the development plans of local government units shall be furnished the Department of Interior and Local Government.

Section 288. Rules and Regulations. - The Secretary of Finance, in consultation with the Secretary of

Budget and Management, shall promulgate the necessary rules and regulations for a simplified disbursement scheme designed for the speedy and effective enforcement of the provisions of this Chapter.

Section 289. Share in the Proceeds from the Development and Utilization of the National Wealth. -

Local government units shall have an equitable share in the proceeds derived from the utilization and

development of the national wealth within their respective areas, including sharing the same with the inhabitants by way of direct benefits.

Section 290. Amount of Share of Local Government Units. - Local government units shall, in addition to the internal revenue allotment, have a share of forty percent (40%) of the gross collection derived

by the national government from the preceding fiscal year from mining taxes, royalties, forestry and

fishery charges, and such other taxes, fees, or charges, including related surcharges, interests, or fines, and from its share in any co-production, joint venture or production sharing agreement in the utilization and development of the national wealth within their territorial jurisdiction.

Section 291. Share of the Local Governments from any Government Agency or Owned or Controlled

Corporation. - Local government units shall have a share based on the preceding fiscal year from the

proceeds derived by any government agency or government-owned or controlled corporation engaged in the utilization and development of the national wealth based on the following formula whichever will produce a higher share for the local government unit:

(a) One percent (1%) of the gross sales or receipts of the preceding calendar year; or

(b) Forty percent (40%) of the mining taxes, royalties, forestry and fishery charges and such other taxes, fees or charges, including related surcharges, interests, or fines the government

agency or government owned or controlled corporation would have paid if it were not otherwise exempt.

Section 292. Allocation of Shares. - The share in the preceding Section shall be distributed in the following manner:

(a) Where the natural resources are located in the province:


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(1) Province - Twenty percent (20%);

(2) Component City/Municipality - Forty-five percent (45%); and

(3) Barangay - Thirty-five percent (35%)

Provided, however, That where the natural resources are located in two (2) or more provinces, or in two (2) or more component cities or municipalities or in two (2) or more barangays, their respective shares shall be computed on the basis of:

(1) Population - Seventy percent (70%); and

(2) Land area - Thirty percent (30%)

(b) Where the natural resources are located in a highly urbanized or independent component city:

(1) City - Sixty-five percent (65%); and


Provided, however, That where the natural resources are located in such two (2) or more cities, the allocation of shares shall be based on the formula on population and land area as specified in paragraph (a) of this Section.

Section 293. Remittance of the Share of Local Government Units. - The share of local government

units from the utilization and development of national wealth shall be remitted in accordance with

Section 286 of this Code: Provided, however, That in the case of any government agency or government-owned or controlled corporation engaged in the utilization and development of the

national wealth, such share shall be directly remitted to the provincial, city, municipal or barangay treasurer concerned within five (5) days after the end of each quarter.

Section 294. Development and Livelihood Projects. - The proceeds from the share of local government

units pursuant to this chapter shall be appropriated by their respective sanggunian to finance local government and livelihood projects: Provided, however, That at least eighty percent (80%) of the

proceeds derived from the development and utilization of hydrothermal. geothermal, and other sources

of energy shall be applied solely to lower the cost of electricity in the local government unit where such a source of energy is located.

[...]

Section 309. Special Funds. - There shall be maintained in every provincial, city, or municipal treasury

the following special funds:


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(a) Special Education Fund (SEF) shall consist of the respective shares of provinces, cities, municipalities and barangays in the proceeds of the additional tax on real property to be appropriated for purposes prescribed in Section 272 of this Code; and

(b) Trust Funds shall consist of private and public monies which have officially come into

the possession of the local government or of a local government official as trustee, agent or

administrator, or which have been received as a guaranty for the fulfillment of some obligation. A trust fund shall only be used for the specific purpose for which it was created or for which it came into the possession of the local government unit.

FORM number 014/043 (Fiscal Transfer – Local Treasuries – Broadcast) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




Dimension /

Indicator /

Variable

Legal or policy basis or regulatory

instrument identification


In force since

Format: dd/mm/yyyy

(Use n/a if not

applicable)

Adopted by

whom

(Use n/a if not

applicable)

Legal basis content


Fiscal Transfer

/

Local Treasuries

/

Broadcast


In force since:

10/10/1991

Congress of the

Philippines

Section 284. Allotment of Internal Revenue Taxes. - Local government units shall have a

share in the national internal revenue taxes based on the collection of the third fiscal year preceding the current fiscal year as follows:




Provided, That in the event that the national government incurs an unmanageable public sector deficit, the President of the Philippines is hereby authorized, upon the recommendation

of Secretary of Finance, Secretary of Interior and Local Government and Secretary of Budget

and Management, and subject to consultation with the presiding officers of both Houses of Congress and the presidents of the "liga", to make the necessary adjustments in the internal

revenue allotment of local government units but in no case shall the allotment be less than

thirty percent (30%) of the collection of national internal revenue taxes of the third fiscal year preceding the current fiscal year: Provided, further, That in the first year of the effectivity of

this Code, the local government units shall, in addition to the thirty percent (30%) internal

revenue allotment which shall include the cost of devolved functions for essential public

services, be entitled to receive the amount equivalent to the cost of devolved personal services.


of 194










Provided, further, That the share of each barangay with a population of not less than one

hundred (100) inhabitants shall not be less than Eighty thousand (P80,000.00) per annum chargeable against the twenty percent (20%) share of the barangay from the internal revenue allotment, and the balance to be allocated on the basis of the following formula:











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(a) The share of each local government unit shall be released, without need of any further action, directly to the provincial, city, municipal or barangay treasurer, as

the case may be, on a quarterly basis within five (5) days after the end of each

quarter, and which shall not be subject to any lien or holdback that may be

imposed by the national government for whatever purpose.


Section 287. Local Development Projects. - Each local government unit shall appropriate in its annual budget no less than twenty percent (20%) of its annual internal revenue allotment

for development projects. Copies of the development plans of local government units shall be furnished the Department of Interior and Local Government.

Section 288. Rules and Regulations. - The Secretary of Finance, in consultation with the

Secretary of Budget and Management, shall promulgate the necessary rules and regulations for a simplified disbursement scheme designed for the speedy and effective enforcement of the provisions of this Chapter.

Section 289. Share in the Proceeds from the Development and Utilization of the National

Wealth. - Local government units shall have an equitable share in the proceeds derived from

the utilization and development of the national wealth within their respective areas, including sharing the same with the inhabitants by way of direct benefits.

Section 290. Amount of Share of Local Government Units. - Local government units shall, in addition to the internal revenue allotment, have a share of forty percent (40%) of the gross

collection derived by the national government from the preceding fiscal year from mining

taxes, royalties, forestry and fishery charges, and such other taxes, fees, or charges, including related surcharges, interests, or fines, and from its share in any co-production, joint venture

or production sharing agreement in the utilization and development of the national wealth within their territorial jurisdiction.

Section 291. Share of the Local Governments from any Government Agency or Owned or

Controlled Corporation. - Local government units shall have a share based on the preceding fiscal year from the proceeds derived by any government agency or government-owned or

controlled corporation engaged in the utilization and development of the national wealth

based on the following formula whichever will produce a higher share for the local government unit:


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(b) Forty percent (40%) of the mining taxes, royalties, forestry and fishery charges and such other taxes, fees or charges, including related surcharges, interests, or

fines the government agency or government owned or controlled corporation would have paid if it were not otherwise exempt.






Provided, however, That where the natural resources are located in two (2) or

more provinces, or in two (2) or more component cities or municipalities or in

two (2) or more barangays, their respective shares shall be computed on the basis of:






Provided, however, That where the natural resources are located in such two (2)

or more cities, the allocation of shares shall be based on the formula on population and land area as specified in paragraph (a) of this Section.

Section 293. Remittance of the Share of Local Government Units. - The share of local government units from the utilization and development of national wealth shall be remitted

in accordance with Section 286 of this Code: Provided, however, That in the case of any

government agency or government-owned or controlled corporation engaged in the utilization and development of the national wealth, such share shall be directly remitted to


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the provincial, city, municipal or barangay treasurer concerned within five (5) days after the end of each quarter.

Section 294. Development and Livelihood Projects. - The proceeds from the share of local government units pursuant to this chapter shall be appropriated by their respective

sanggunian to finance local government and livelihood projects: Provided, however, That at

least eighty percent (80%) of the proceeds derived from the development and utilization of hydrothermal. geothermal, and other sources of energy shall be applied solely to lower the cost of electricity in the local government unit where such a source of energy is located.

[...]

Section 309. Special Funds. - There shall be maintained in every provincial, city, or municipal treasury the following special funds:

(a) Special Education Fund (SEF) shall consist of the respective shares of provinces, cities, municipalities and barangays in the proceeds of the additional

tax on real property to be appropriated for purposes prescribed in Section 272 of this Code; and

(b) Trust Funds shall consist of private and public monies which have officially

come into the possession of the local government or of a local government official as trustee, agent or administrator, or which have been received as a guaranty for

the fulfillment of some obligation. A trust fund shall only be used for the specific

purpose for which it was created or for which it came into the possession of the local government unit.

FORM number 015/043 (Fiscal Transfer – Local Treasuries – Broadband) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




Dimension /

Indicator /

Variable



identification


In force since

Format: dd/mm/yyyy

(Use n/a if not

applicable)

Adopted by

whom

(Use n/a if not

applicable)

Legal basis content


Fiscal Transfer

/

Local Treasuries


In force since:

10/10/1991

Congress of the

Philippines




of 194

/

Broadband




Provided, That in the event that the national government incurs an unmanageable public sector deficit, the President of the Philippines is hereby authorized, upon the recommendation of Secretary of

Finance, Secretary of Interior and Local Government and Secretary of Budget and Management, and


"liga", to make the necessary adjustments in the internal revenue allotment of local government units

but in no case shall the allotment be less than thirty percent (30%) of the collection of national internal

revenue taxes of the third fiscal year preceding the current fiscal year: Provided, further, That in the first year of the effectivity of this Code, the local government units shall, in addition to the thirty percent

(30%) internal revenue allotment which shall include the cost of devolved functions for essential public services, be entitled to receive the amount equivalent to the cost of devolved personal services.











inhabitants shall not be less than Eighty thousand (P80,000.00) per annum chargeable against the

twenty percent (20%) share of the barangay from the internal revenue allotment, and the balance to be allocated on the basis of the following formula:



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(a) The share of each local government unit shall be released, without need of any further action, directly to the provincial, city, municipal or barangay treasurer, as the case may be,






Section 288. Rules and Regulations. - The Secretary of Finance, in consultation with the Secretary of

Budget and Management, shall promulgate the necessary rules and regulations for a simplified disbursement scheme designed for the speedy and effective enforcement of the provisions of this Chapter.


Local government units shall have an equitable share in the proceeds derived from the utilization and

development of the national wealth within their respective areas, including sharing the same with the inhabitants by way of direct benefits.


of 194

Section 290. Amount of Share of Local Government Units. - Local government units shall, in addition to the internal revenue allotment, have a share of forty percent (40%) of the gross collection derived

by the national government from the preceding fiscal year from mining taxes, royalties, forestry and

fishery charges, and such other taxes, fees, or charges, including related surcharges, interests, or fines, and from its share in any co-production, joint venture or production sharing agreement in the utilization and development of the national wealth within their territorial jurisdiction.


Corporation. - Local government units shall have a share based on the preceding fiscal year from the

proceeds derived by any government agency or government-owned or controlled corporation engaged in the utilization and development of the national wealth based on the following formula whichever

will produce a higher share for the local government unit:


(b) Forty percent (40%) of the mining taxes, royalties, forestry and fishery charges and such other taxes, fees or charges, including related surcharges, interests, or fines the government







Provided, however, That where the natural resources are located in two (2) or more

provinces, or in two (2) or more component cities or municipalities or in two (2) or more barangays, their respective shares shall be computed on the basis of:






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Provided, however, That where the natural resources are located in such two (2) or more

cities, the allocation of shares shall be based on the formula on population and land area as specified in paragraph (a) of this Section.

Section 293. Remittance of the Share of Local Government Units. - The share of local government units from the utilization and development of national wealth shall be remitted in accordance with

Section 286 of this Code: Provided, however, That in the case of any government agency or

government-owned or controlled corporation engaged in the utilization and development of the

national wealth, such share shall be directly remitted to the provincial, city, municipal or barangay treasurer concerned within five (5) days after the end of each quarter.


units pursuant to this chapter shall be appropriated by their respective sanggunian to finance local

government and livelihood projects: Provided, however, That at least eighty percent (80%) of the proceeds derived from the development and utilization of hydrothermal. geothermal, and other sources


[...]

Section 309. Special Funds. - There shall be maintained in every provincial, city, or municipal treasury the following special funds:

(a) Special Education Fund (SEF) shall consist of the respective shares of provinces, cities,

municipalities and barangays in the proceeds of the additional tax on real property to be appropriated for purposes prescribed in Section 272 of this Code; and


the possession of the local government or of a local government official as trustee, agent or administrator, or which have been received as a guaranty for the fulfillment of some

obligation. A trust fund shall only be used for the specific purpose for which it was created

or for which it came into the possession of the local government unit.

FORM number 016/043 (Fiscal Transfer – Local Treasuries – e-Commerce) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)





of 194

Dimension /

Indicator /

Variable



identification


In force since

Format: dd/mm/yyyy

(Use n/a if not

applicable)

Adopted by

whom

(Use n/a if not

applicable)

Legal basis content


Fiscal Transfer

/

Local Treasuries

/

e-Commerce


In force since:

10/10/1991

Congress of the

Philippines






Provided, That in the event that the national government incurs an unmanageable public sector deficit,

the President of the Philippines is hereby authorized, upon the recommendation of Secretary of Finance, Secretary of Interior and Local Government and Secretary of Budget and Management, and


"liga", to make the necessary adjustments in the internal revenue allotment of local government units but in no case shall the allotment be less than thirty percent (30%) of the collection of national internal

revenue taxes of the third fiscal year preceding the current fiscal year: Provided, further, That in the

first year of the effectivity of this Code, the local government units shall, in addition to the thirty percent (30%) internal revenue allotment which shall include the cost of devolved functions for essential public services, be entitled to receive the amount equivalent to the cost of devolved personal services.










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inhabitants shall not be less than Eighty thousand (P80,000.00) per annum chargeable against the twenty percent (20%) share of the barangay from the internal revenue allotment, and the balance to be allocated on the basis of the following formula:












(a) The share of each local government unit shall be released, without need of any further action, directly to the provincial, city, municipal or barangay treasurer, as the case may be,







of 194

Section 288. Rules and Regulations. - The Secretary of Finance, in consultation with the Secretary of Budget and Management, shall promulgate the necessary rules and regulations for a simplified

disbursement scheme designed for the speedy and effective enforcement of the provisions of this Chapter.


Local government units shall have an equitable share in the proceeds derived from the utilization and development of the national wealth within their respective areas, including sharing the same with the inhabitants by way of direct benefits.

Section 290. Amount of Share of Local Government Units. - Local government units shall, in addition

to the internal revenue allotment, have a share of forty percent (40%) of the gross collection derived

by the national government from the preceding fiscal year from mining taxes, royalties, forestry and fishery charges, and such other taxes, fees, or charges, including related surcharges, interests, or fines,

and from its share in any co-production, joint venture or production sharing agreement in the utilization and development of the national wealth within their territorial jurisdiction.


Corporation. - Local government units shall have a share based on the preceding fiscal year from the proceeds derived by any government agency or government-owned or controlled corporation engaged

in the utilization and development of the national wealth based on the following formula whichever will produce a higher share for the local government unit:


(b) Forty percent (40%) of the mining taxes, royalties, forestry and fishery charges and such

other taxes, fees or charges, including related surcharges, interests, or fines the government







Provided, however, That where the natural resources are located in two (2) or more

provinces, or in two (2) or more component cities or municipalities or in two (2) or more

barangays, their respective shares shall be computed on the basis of:


of 194






Provided, however, That where the natural resources are located in such two (2) or more

cities, the allocation of shares shall be based on the formula on population and land area as specified in paragraph (a) of this Section.

Section 293. Remittance of the Share of Local Government Units. - The share of local government units from the utilization and development of national wealth shall be remitted in accordance with

Section 286 of this Code: Provided, however, That in the case of any government agency or

government-owned or controlled corporation engaged in the utilization and development of the national wealth, such share shall be directly remitted to the provincial, city, municipal or barangay treasurer concerned within five (5) days after the end of each quarter.


units pursuant to this chapter shall be appropriated by their respective sanggunian to finance local

government and livelihood projects: Provided, however, That at least eighty percent (80%) of the proceeds derived from the development and utilization of hydrothermal. geothermal, and other sources


[...]

Section 309. Special Funds. - There shall be maintained in every provincial, city, or municipal treasury

the following special funds:

(a) Special Education Fund (SEF) shall consist of the respective shares of provinces, cities,

municipalities and barangays in the proceeds of the additional tax on real property to be appropriated for purposes prescribed in Section 272 of this Code; and


the possession of the local government or of a local government official as trustee, agent or administrator, or which have been received as a guaranty for the fulfillment of some

obligation. A trust fund shall only be used for the specific purpose for which it was created or for which it came into the possession of the local government unit.


of 194

FORM number 017/043 (Regulation – Regulatory Jurisdiction – Telecommunications) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




Dimension /

Indicator /

Variable



identification


In force since

Format: dd/mm/yyyy

(Use n/a if not

applicable)

Adopted by

whom

(Use n/a if not

applicable)

Legal basis content


Regulation

/

Regulatory

Jurisdiction

/

Telecommunications

Public Telecommunications Policy Act - Republic Act No. 7925

In force since:

01/03/1995

Congress of the

Philippines

Section 1. Short Title. - This Act shall be known as the "Public Telecommunications Policy Act of the Philippines."

Section 2. Scope and Application. - This Act shall apply to all public telecommunications entities in the Philippines.

Section 6. Responsibilities of and Limitations to Department Powers. - The Department of Transportation and Communications (Department) shall not exercise any power which will tend to influence or effect a review or a modification of the Commission's quasi-judicial functions.

In coordination with the Commission, however, the Department shall, in accordance with the policies

enunciated in this Act, be responsible for: [...]

(b) the coordination of research and development activities in government with the work of other institutions in the field of telecommunications;

(c) the representation and promotion of Philippine interests in international bodies, and the

negotiation of the nation's rights and obligations in international telecommunications matters; and

(d) the operation of a national consultative forum to facilitate interaction amongst the

telecommunications industries, user groups, academic and research institutions in the airing

and resolution of important issues in the field of communications.

ARTICLE IV

TELECOMMUNICATIONS ENTITIES

Section 7. Categories of Telecommunications Entities. - A telecommunications entity shall be

authorized to operate in one or more of the telecommunications categories mentioned in this Act provided each category is covered by its franchise.

Section 8. Local Exchange Operator. - A local exchange operator shall:


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(a) provide universal basic telephone service to all subscribers who applied for such service, within a reasonable period and at such standards as may be prescribed by the Commission and at such tariff as to sufficiently give it a fair return on its investments.

(b) be protected from uncompensated bypass or overlapping operations of other

telecommunications entities in need of physical links or connections to its customers in the

area except when it is unable to provide, within a reasonable period of time and at desired standard, the interconnection arrangements required by such entities.

(c) have the first option to provide pay telephone services or public calling stations in the

area covered by its network.

(d) be entitled to a fair and equitable revenue sharing arrangement with the inter-exchange carrier or such other carriers connected to its basic network.

Section 9. Inter-Exchange Carrier. - The number of entities allowed to provide inter-exchange national long distance services may be limited, but as a matter of policy, where it is economically

viable, at least two (2) carriers, shall be authorized: Provided, however, That a local exchange carrier

shall not be restricted from operating its own inter-exchange carrier service if its viability is dependent thereto. Such inter-exchange carrier shall have the following obligations:

(a) It shall interconnect with other networks in the same category and with local exchange carriers or other telecommunications entities, upon application and within a reasonable time

period, and under fair and reasonable level charges, in order that domestic and international long distance services are made possible; and

(b) It shall have the right to establish and operate its own tandem switching facilities to which international calls or overseas carriers have to course their messages or signals.

Section 10. International Carrier. - Only entities which will provide local exchange services and can

demonstrably show technical and financial capability to install and operate an international gateway facility shall be allowed to operate as an international carrier.

The entity so allowed shall be required to produce a firm correspondent or interconnection relationships with major overseas telecommunications authorities or carriers within one (1) year from the grant of the authority.

The international carrier shall also comply with its obligations to provide the local exchange service in

unserved or underserved areas within three (3) years from the grant of the authority as required by

existing regulations: Provided, however, That said carrier shall be deemed to have complied with the said obligation in the event it allows an affiliate thereof to assume such obligation and who complies therewith.

Failure to comply with the above obligations shall be a cause to cancel its authority or permit to operate

as an international carrier.


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Section 11. Value-added Service Provider. - Provided that it does not put up its own network, a VAS provider need not secure a franchise. A VAS provider shall be allowed to competitively offer its

services and/or expertise, and lease or rent telecommunications equipment and facilities necessary to

provide such specialized services, in the domestic and/or international market in accordance with network compatibility.

Telecommunications entities may provide VAS, subject to the additional requirements that:

(a) prior approval of the Commission is secured to ensure that such VAS offerings are not cross-subsidized from the proceeds of their utility operations;

(b) other providers of VAS are not discriminated against in rates nor denied equitable access to their facilities; and

(c) separate books of accounts are maintained for the VAS.

Section 12. Mobile Radio Services. - In a local telephone exchange area, more than one duly

enfranchised provider of mobile radio services, distinct and separate from the local exchange carrier,

may be allowed to operate. However, such entities shall secure prior authority from the Commission and, in addition, comply with the conditions imposed on VAS and with the norms on radio frequency spectrum utilization.

The operator of a mobile radio telephone system shall comply with its obligations to provide local

exchange service in unserved and underserved areas in accordance with existing regulations. Failure

to comply with this obligation within (3) years from the grant of the authority shall be a cause to cancel its authority or permit to operate a mobile radio telephone system.

Section 13. Radio Paging Services. - Duly enfranchised radio paging services involving either voice or data messages, shall be allowed to compete freely in rates, number of operators, or variety of operating modalities, subject only to the norms on radio frequency spectrum utilization.

ARTICLE V

OTHER SERVICES AND FACILITIES

Section 14. Customer Premises Equipment. - Telecommunications subscribers shall be allowed to use

within their premises terminal equipment, such as telephone, PABX, facsimile, data, record, message and other special purpose or multi-function telecommunication terminal equipment intended for such connection: Provided, That the equipment is type-approved by the Commission.

Section 15. Radio Frequency Spectrum. - The radio frequency spectrum allocation and assignment

shall be subject to periodic review. The use thereof shall be subject to reasonable spectrum user fees.

Where demand for specific frequencies exceed availability, the Commission shall hold open tenders

for the same and ensure wider access to this limited resource.


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ARTICLE VI

FRANCHISE, RATES AND REVENUE DETERMINATION

Section 16. Franchise. - No person shall commence or conduct the business of being a public telecommunications entity without first obtaining a franchise.

The Commission, in granting a Certificate of Public Convenience and Necessity (CPCN), may impose

such conditions as to duration and termination of the privilege, concession, or standard or technical

aspects of the equipment, rates, or service, not contrary to the terms of the franchise. In no case,

however, shall the CPCN be shorter than five (5) years, nor longer than the life of the franchise. A

CPCN expiring at the same time as the franchise shall be deemed to have been renewed for the same term if the franchise itself is also renewed or extended.

Expansion and financing of networks and services, utilizing equipment compatible with or homologous

to existing or previously approved plant and facilities, in order to service additional demand in the same areas where the previously approved network and services have been installed, shall not require any approval by the Commission.

The upgrading of existing plant and network facilities including the financing thereof, for the purpose

of retiring or replacing obsolete or outmoded equipment with state of the art equipment and technology

in order to improve the quality or grade of service being rendered to the public within the same areas covered by the existing plant and facilities previously approved, shall likewise not require the approval of the Commission.

The Commission, however, shall not grant a subsequent CPCN for another segment of service or

extend the area service coverage of an entity which has failed to satisfactorily comply with its

commitments to the Commission to provide a particular service in the original area coverage under an earlier authorization.

Section 17. Rates and Tariffs. - The Commission shall establish rates and tariffs which are fair and reasonable and which provide for the economic viability of telecommunications entities and a fair

return on their investments considering the prevailing cost of capital in the domestic and international

markets.

The Commission shall exempt any specific telecommunications service from its rate or tariff

regulations if the service has sufficient competition to ensure fair and reasonable rates or tariffs. The Commission shall, however, retain its residual powers to regulate rates or tariffs when ruinous

competition results or when a monopoly or a cartel or combination in restraint of free competition

exists and the rates or tariffs are distorted or unable to function freely and the public is adversely affected. In such cases, the Commission shall either establish a floor or ceiling on the rates or tariffs.

Section 18. Access Charge/Revenue Sharing. - The access charge/revenue sharing arrangements between all interconnecting carriers shall be negotiated between the parties and the agreement between

the parties shall be submitted to the Commission. In the event the parties fail to agree thereon within a reasonable period of time, the dispute shall be submitted to the Commission for resolution.


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In adopting or approving an access charge formula or revenue sharing agreement between two or more carriers, particularly, but not limited to a local exchange, interconnecting with a mobile radio,

interexchange long distance carrier, or international carrier, the commission shall ensure equity,

reciprocity and fairness among the parties concerned. In so approving the rates for interconnection between the telecommunications carriers, the Commission shall take into consideration the costs of the

facilities needed to complete the interconnection, the need to provide the cross-subsidy to local

exchange carriers to enable them to fulfill the primary national objective of increasing telephone density in the country and assure a rate of return on the local exchange network investment that is at

parity with those earned by other segments of the telecommunications industry: Provided, That

international carriers and mobile radio operators which are mandated to provide local exchange services, shall not be exempt from the requirement to provide the cross-subsidy when they interconnect

with the local exchanges of other carriers: Provided, further, That the local exchanges which they will

additionally operate, shall equally be entitled to the cross-subsidy from other international carriers, mobile radio operators, or inter-exchange carriers interconnecting with them.

Section 19. Uniform System of Accounts. - The Commission shall require telecommunications entities to set up a uniform system of accounts which shall be one of the bases in establishing rates and tariffs.

Where a single entity spans more than one category of telecommunications service, a separate book of accounts shall be maintained for each category or specialized classification.

ARTICLE VII

RIGHTS OF TELECOMMUNICATIONS USERS

Section 20. Rights of End-Users. - The user of telecommunications service shall have the following basic rights:

(a) Entitlement of utility service which is non-discriminatory, reliable and conforming with minimum standards set by the Commission;

(b) Right to be given the first single-line telephone connection or the first party-line connection within two (2) months of application for service, against deposit; or within three

(3) months after targeted commencement of service in the barangay concerned per the

original schedule of service expansion approved by the Commission, whichever deadline comes later;

(c) Regular, timely and accurate billing, courteous and efficient service at utility business offices and by utility company personnel; and

(d) Thorough and prompt investigation of, and action upon complaints. The utility shall endeavor to allow complaints to be received over the telephone and shall keep a record of all written or phoned-in complaints.

Section 24. Transitory Provision. - All telecommunications services deregulated hereby and which are

operating at the effectivity of this Act, may continue to have their rates and tariffs approved by the Commission until the end of the calendar year of the effectivity of this Act.


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Existing franchises that are not operating or without pending applications for certificates of public convenience at the time of effectivity of this Act are deemed revoked.

All interconnection agreements previously entered into between telecommunications carriers shall remain in full force and effect but the parties shall, within six (6) months from the effectivity of this

Act, review their access charging/revenue sharing formula and submit to the Commission an

amendment thereof, if necessary, in order to comply with the guidelines on the access charging/revenue sharing formula contained in Section 18 of this Act.

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Municipal Telephone Act of 1989 - Republic Act No. 6849

In force since:

08/02/1990

Congress of the

Philippines

Section 1. Title. - This act shall be known as the "Municipal Telephone Act of 1989."

Section 2. Declaration of National Day Policy. - Recognizing that the benefits of modern

communication technology are as important to rural development as they are to urban areas, the State shall pursue and foster, in an orderly, purposive and vigorous manner, the interconnection of all

municipalities in the country through the establishment and early realization of a nationwide network of public calling stations.

Section 3. Projects Office. - For purposes of administering the provisions of this Act, there is hereby

created a Municipal Telephone Projects Office in the Department of Transportation and Communications (DOTC) with the following functions:

(b) Undertake the implementation of the said plans and programs and toward this end, to enter into contracts subject to existing laws and regulations for the procurement of equipment, construction of facilities and the installation of the system;

(c) Arrange for funding form any source, private, government, foreign or domestic,

including official development assistance, bilateral and multilateral loans subject to applicable laws and regulations;

(c) Prescribe and ensure compatibility with minimum standards and regulations to assure acceptable standards of construction, maintenance, operation,

(d) personnel training, accounting and fiscal practices for the municipal telecommunications operators of public calling stations;

(e) Furnish technical assistance and personnel training programs for the municipal

telecommunications operators of public calling stations;


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(f) Monitor and evaluate local telecommunications and effect system integration and operations whenever economically and technically feasible

Provided, however, That the approval of the provincial government of the province where any or all of the functions above mentioned are to be discharge is first secured.

Section 4. Management of the Projects Office. - A projects Director, who shall be a person of integrity, competence and experience in technical fields related to the purposes of this Act, shall be

appointed by the President of the Philippines upon the recommendation of the Secretary of

Transportation and Communications. He shall have the rank, position and emoluments of an

undersecretary.

The Projects Director shall have the following powers and duties;

(a) To execute and administer the plans and projects for the realization of the policy set forth in this Act;

(b) To direct and supervise the operation and internal administration of the Projects Office

and, for this purpose, to delegate some or any of his powers and duties to appropriate subordinate officials;

(c) Subject to the guidelines and policies established by the Secretary of Transportation and Communications, to appoint and in coordination with the Department of Budget and

Management fix the number and compensation of officials and employees of the Projects Office, subject to Civil Service Law;

(d) To prepare an annual report on the activities of the Projects Office on or before the end

of the first quarter after the fiscal year completed and to submit a copy thereof to the President of the Philippines and the Congress of the Philippines; and

(e) To exercise such other powers and duties that are proper or necessary to carry out the purposes of this Act as may be vested in him by the Secretary of Transportation and

Communications.

Section 5. Rights of First Option. - All domestic telecommunications carriers or utilities existing at

the time of the affectivity of this Act, and franchised to service a province or region WHICH shall have

been certified by the National Telecommunications Commission (NTC) as rendering satisfactory and competent service in its area of operation, are hereby given, under equal conditions and circumstances,

the first option to provide, install and operate public calling stations or telephones in provincial

communications network which shall be capable of voice and data transmission and shall be interconnected to the public switched telephone network or other national transmission facilities. The

intention to exercise the option shall be made specifically in writing to the Projects Office within six

(6) months of the affectivity of this shall indicate the preferred province and the time frame of development. Private operators or franchisees of such public calling stations shall be entitled to the

same benefits and privileges enjoyed by those installed and operated by Government in so far as tax concessions and/or incentives are concerned.


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Section 6. Frequency Allocation. - In order to accelerate the implementation of this project, National Telecommunication Commission (NTC) is authorized to assign or reassign, when necessary, existing radio frequency users currently operating.

Section 7. Rates and Mandatory Sharing of Toll Revenue. - The NTC, subject to its standard

guidelines and in consultation with the regional development councils concerned, shall fix an equitable,

reasonable and uniform rate of charges for every type of call. A rate schedule shall be set for all municipal telephone calls under the following classifications:

(a) Municipal to International;

(b) Municipal to Metro Manila, and other domestic long distance calls;

(c) Municipal to Provincial Capital;

(d) Municipal to Municipal;

(1) of the same province

(2) of difference provinces, other than domestic long distance.

In connection with the rates, the National Telecommunications Commission (NTC), in consultation with the toll network operators or interchange carriers and the provincial government concerned, shall

authorize and cause the implementation of an equitable toll revenue sharing and collection scheme.

The share of the local exchange operators in toll revenues shall be remitted by the interchange carries to them within ninety days (90) form receipt.

Section 8. Timetable of Implementation. - The Projects Office shall install all public calling stations for provinces and municipalities not covered by private communication utilities under Section 5 hereof,

such that each one of the municipalities in the Philippines still unserved by telephone at the affectivity

of this Act, shall have at least one (1) public calling station or public telephone by the third year of effectively of this Act. Where resources permit, the Projects Office shall also extend the services

concurrently or subsequently to other remote barangays of the country. The public calling stations shall

be interconnected to the public switched telephone network or other national transmission facilities, subject to the technical interconnection standards prescribed by the NTC.

Section 9. Operation by Local Governments. - Provinces and municipalities are hereby authorized to set up, operate and maintain their respective public calling stations or to grant franchise to private

entities for the operation and maintenance of telephone systems and/or public calling stations:

Provided, That the NTC certifies that the proposed grantee is technically and financially capable of complying with all the requirements of public services.

Section 10. Appropriation. - The amount of two hundred million pesos (P200,000,000.00), or so much

thereof as may be necessary to implement the provisions of this Act, shall be taken from the

appropriations provided under Title 1 - Telecommunications of Executive Order No. 182. In addition,

the sum of three hundred million pesos (P300,000,000.00), or so much thereof in equivalent foreign currencies as may be necessary, shall be source, in their order of preference, from foreign grants,


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concessional loans, official development assistance, commercial loans, and/or export credits to meet the objective of this Act.

Section 11. Official Development Assistance. - The provisions of Executive Order No. 230 of 1986, on the power of the NEDA Board, and the rules and regulations governing the evaluation and

authorization for the availment of Official Development Assistance notwithstanding, the municipal

telephone program provided for in this Act shall be eligible for foreign loans and grants without further evaluation by the NEDA Board, subject to Section 21, Article XII of the Constitution.

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24/02/1993

President of the

Philippines

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, trunking 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 8. In prescribing the applicable technical/operational and traffic settlement rules, the NTC shall

consider the following:


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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 equivalent monthly trunk line charges as generally charged by the local exchange carrier (LEC) to its customer owning their own PABX;

(c) For junction exchange point of interconnection, settlement shall be on the basis of volume of traffic carrier over:

(i) short haul connection not exceeding 150 kilometers; and

(ii) long haul connection exceeding 150 kilometers.

Similarly, a per minute rate shall be evolved with day and night

differential. The determination of the per minute rate is based on the principle of recognizing recovery of the toll related cost and fair

return of the investment of the facilities employed in making the toll call exchange between the systems.

(d) Subsidies which shall be approved on the basis of the sound public policy shall be allowed in two (2) ways:

(i) for operator assisted calls - an operator surcharge kept by the system that employs the operator; and

(ii) access charge - the principle of access charge is an assistance to

the unprofitable rural telephone development, remote pay stations, etc., thereby assuring the universal service obligation of the PSTN

operators. The introduction of the access charge may result in a charge that will be passed on to the subscribers of the PSTN.

[...]

Section 12. Interconnection and revenue-sharing agreements approved or prescribed by the NTC may be revoked, revised, or amended as the NTC deems fit in the interest of the public service.


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Section 13. In the implementation of this Executive Order, the NTC may, after due notice and hearing, impose the following penalties in case of violation of any of the provisions hereof:

13.1. Imposition of such administrative fines, penalties and sanctions as may be allowed or prescribed by existing laws;

13.2. Suspension of further action on all pending and future applications for permits, licenses or authorizations of the violating carrier or operator and in which particular case,

the NTC shall be exempted from compliance with the provisions of Executive Order No.

26 dated 7 October 1992 on the period for the disposition of cases or matters pending before

it;

13.3. With the approval of the President, directive to the appropriate government financial or lending institutions to withhold the releases on any loan or credit accommodation which the violating carrier or operator may have with them;

13.4. Disqualification of the employees, officers or directors of the violating carrier or

operator from being employed in any enterprise or entity under the supervision of the NTC; and

13.5. In appropriate cases, suspension of the authorized rates for any service or services of

the violating carrier or operator without disruption of its services to the public.

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12/07/1993

President of the

Philippines

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.


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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 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, under the following guidelines:

(a) Authorized gateway operators shall provide a minimum of three hundred (300) local exchange lines per international switch termination;

(b) At least one (1) rural exchange line shall be provided for every ten (10) urban local exchange lines installed;

(c) The establishment of Public Calling Offices at the rural barangay level shall be given an appropriate credit by the NTC towards the obligation to provide local exchange service.

The above figures are derived from the following factors: number of exchange lines, number of international switch-terminations, traffic, grade of service and demand;

(d) No permit for an international gateway facility shall be granted an applicant unless there is a clear showing that it can establish the necessary foreign correspondenceships; and

(e) Carriers already providing local exchange service in accordance with Section (a) , (b) and (c) shall be authorized to operate an international gateway subject to applicable laws.

[...]

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.

[...]

Section 11. Interconnection Requirement. All telecommunications service networks shall be

interconnected in a non-discriminatory manner in accordance with Executive order No. 59 (1993) and its implementing guidelines.

Section 12. Financial Reporting Requirements. The internal subsidy flows shall be made explicit in the financial reporting system of the telecommunications service providers.


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Section 13. Policy Implementation. The NTC is hereby directed to promulgate the guidelines, rules and regulations to implement this Executive Order within (30) thirty days from the effective date of this Executive Order.

Section 14. Violations. Any violation of the Executive Order shall be subject to the same penalties provided for in Section 13 of Executive Order No. 59 (1993).

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Executive Order No. 196

In force since:

17/06/1987

President of the

Philippines

Sec. 1. The Philippine Communications Satellite Corporation is hereby placed under the jurisdiction,

control and regulation of the National Telecommunications Commission, including all its facilities and services, and the fixing of rates.

Sec. 2. All laws, orders, rules and regulations inconsistent with this Executive Order are hereby repealed or modified accordingly.

Sec. 3. This Executive Order shall take effect immediately.

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17/03/1998

President of the

Philippines

Section 1. Policy Guidance. The following guidance and regulations shall govern the operation and use of the following satellite telecommunications facilities and services in the country:

a. Access to International Fixed Satellite Systems. Enfranchised telecommunications

entities duly authorized by the National Telecommunications Commission (NTC) to

provide international telecommunications services shall be allowed direct access to all international fixed satellite systems. Broadcast service providers may also be allowed to

directly access international fixed satellite systems subject to NTC rules, regulations and authorizations.

b. Access to International Mobile Satellite Systems. Direct access to international mobile

satellite services shall be allowed for maritime, aeronautical and land mobile uses, subject to NTC rules and regulations. For this purpose, the DOTC/NTC shall recognize the

authorization and/or certification of foreign-registered mobile units designed to access

international mobile satellite systems, provided they are consistent with said NTC rules and regulations.

c. Use of Satellite Newsgathering (SNG) Earth Stations. The government shall take a

permissive approach on the use and operation of SNG earth stations owned or operated by

foreign news media organizations, for a limited period of time as defined by NTC. Foreign


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news media organizations wanting to bring SNG earth stations into the country shall secure a special NTC permit.

d. Operation and Use of Global Mobile Personal Communication by Satellite (GMPCS). The government shall allow the operation and use of GMPCS to contribute to the attainment

of universal access, subject to NTC rules and regulations. In this connection, GMPCS

systems shall be required to interconnect with existing terrestrial systems in a non-discriminatory manner in accordance with the provisions of Executive Order No. 59

(Guidelines for Compulsory 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.


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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.

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19/07/1994

President of the

Philippines

Section 1. Section 2 is hereby amended to include the following additional functions of the NITC:

a. Advise the President, Congress, and other sectors of government and business on IT policy and its various aspects;

b. Coordinate and oversee the implementation of IT21 and its successor plans;

c. Harmonize and coordinate all IT public initiatives, programs, and projects to

ensure their consistency with the goals of IT21;

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.

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23/07/1979

President of the

Philippines

Sec. 1. Creation of a Ministry of Public Works. There is hereby created a Ministry of Public Works, hereinafter referred to as the Ministry, which shall assume the public works functions of the Ministry

of Public Works, Transportation and Communications and such other functions as may be assigned to it by law.

[...]


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Telecommunications B. MINISTRY OF TRANSPORTATION AND COMMUNICATIONS

Sec. 6. Creation of a Ministry of Transportation and Communications. There is hereby created a

Ministry of Transportation and Communications, hereinafter referred to as the Ministry, which 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 a dependable and coordinated network of transportation and communication systems in pursuance of the following objectives:

[...]

b. Guide government and private investments in the development of the country's inter-

modal transport and communication systems in a most practical, expeditious, and orderly fashion for maximum safety, service, and cost effectiveness;

c. Impose appropriate measures so that technical, economic and other conditions for the continuing economic viability of the transport and communications entities are not jeopardized and do not encourage inefficiencies and distortion of traffic patronage;

d. Provide, extend and operate by itself or through or together with other entities, private or

government, local or national, telephone, telegraph, telex and other public

telecommunications services throughout the country whenever economic, social and political development activities warrant the provision thereof: Provided, however, That the

national economic viability of the entire network or components thereof is maintained at reasonable rates;

e. Develop an integrated nationwide transmission system by itself or through or together

with other entities in accordance with national and international telecommunications service standards to meet all telecommunications service requirements including, among

others, radio and television broadcast relaying, leased channel services and data transmission;

f. Establish, operate and maintain by itself or through or together with other entities an

international switching system for incoming and outgoing international telecommunications services;

Sec. 7. Authority and Responsibility. Authority and responsibility for the Ministry shall be vested in the Minister of Transportation and Communications who shall be assisted by one career Deputy Minister, unless otherwise determined by the President.

Sec. 8. Functions. The Ministry shall have the following functions:

a. Coordinate and supervise all activities of the Ministry relative to transportation and communications;


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d. Regulate, whenever necessary, activities relative to transportation and communications and prescribe and collect fees in the exercise of such power;

e. Assess, review and provide direction to transportation and communications research and development programs of the government in coordination with other institutions concerned; and

f. Perform such other functions as may be necessary to carry into effect the provisions of this Executive Order.

Sec. 9. Organization of the Ministry. The Ministry shall be composed of the ministry proper made up

of immediate Office of the Minister, an Administrative Service, a Financial and Management Service

and a Planning Service; four (4) bureaus, namely, Bureau of Land Transportation, Bureau of Air Transportation, Bureau of Telecommunications, and Bureau of Posts; and a National Telecommunications Commission.

The Administrative Service, Financial and Management Service, and Planning Service shall perform

functions conforming with those provided for in appropriate provisions of Part II of the Integrated Reorganization Plan.

[...]

Sec. 13. Bureau of Telecommunications. The Bureau of Telecommunications shall continue to be

responsible for providing telecommunications facilities, including telephone systems for government

offices; providing communications services for purposes of augmenting limited or inadequate existing similar private communication services; extending communications in areas where no such services

are available; and assisting the private sector engaged in telecommunications services by providing and maintaining backbone telecommunication networks.

Sec. 14. National Telecommunications Commission. The Board of Communications created under

Article III, Chapter I, Part X of the Integrated Reorganization Plan, as amended, and the Telecommunications Control Bureau created under Article IX, Chapter I, Part X of the same Plan, as

amended, are integrated into a single entity to be known as the National Telecommunications

Commission and hereinafter referred to as the Commission.

Sec. 15. Functions of the Commission. The Commission shall exercise the following functions:

a. Issue Certificate of Public Convenience for the operation of communications utilities and

services, radio communications systems, wire or wireless telephone or telegraph systems, radio and television broadcasting system and other similar public utilities;

b. Establish, prescribe and regulate areas of operation of particular operators of public

service communications; and determine and prescribe charges or rates pertinent to the operation of such public utility facilities and services except in cases where charges or rates

are established by international bodies or associations of which the Philippines is a


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participating member or by bodies recognized by the Philippine Government as the proper arbiter of such charges or rates;

c. Grant permits for the use of radio frequencies for wireless telephone and telegraph systems and radio communication systems including amateur radio stations and radio and television broadcasting systems;

d. Sub-allocate series of frequencies of bands allocated by the International Telecommunications Union to the specific services;

e. Establish and prescribe rules, regulations, standards, specifications in all cases related to the issued Certificate of Public Convenience and administer and enforce the same;

f. Coordinate and cooperate with government agencies and other entities concerned with

any aspect involving communications with a view to continuously improve the communications service in the country;

g. Promulgate such rules and regulations, as public safety and interest may require, to

encourage a larger and more effective use of communications, radio and television broadcasting facilities, and to maintain effective competition among private entities in these activities whenever the Commission finds it reasonably feasible;

h. Supervise and inspect the operation of radio stations and telecommunications facilities;

i. Undertake the examination and licensing of radio operators;

j. Undertake, whenever necessary, the registration of radio transmitters and transceivers; and

k. Perform such other functions as may be prescribed by law.

[...]

Sec. 17. Telecommunication Stations Operated by the Armed Forces of the Philippines. Telecommunication stations owned and operated by the Armed Forces of the Philippines shall not be

subject to the provisions of this Executive Order except that all such stations shall use frequencies as may be allowed/assigned by the Commission.

Sec. 18. International Treaties, Conventions and Agreements. International treaties, conventions and

agreements on telecommunications to which the Philippine Government is a signatory shall form part of this Executive Order insofar as they are applicable to the Philippines.

C. OTHER PROVISIONS


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Sec. 19. Abolished/Transferred Agencies.

[...]

d. The Board of Communications and the Telecommunications Control Bureau are

abolished and their functions are transferred to the National Telecommunications Commission.

e. The common technical staff of the Specialized Regulatory Boards created under Article

III, Chapter I, Part X of the Integrated Reorganization Plan, as amended, is abolished and

its functions are transferred as appropriate to the Board of Transportation and the National Telecommunications Commission.

The foregoing transfers of functions shall include applicable funds and appropriations, records, equipment, property, and such personnel as may be necessary.

[...]

Sec. 21. The Minister of Public Works and the Minister of Transportation and Communications shall respectively assume as appropriate the positions of Chairman or member of all bodies and agencies

previously occupied in an ex-officio capacity by the Minister of Public Works, Transportation and

Communications.

In case of conflict, however, as to which Minister shall sit in any particular board or body, the same shall be decided by the President.

Sec. 22. The Minister of Public Works and the Minister of Transportation and Communications shall

promulgate the necessary implementing details to carry out the organization of their respective Ministries which shall include the internal organization of units involved and the corresponding initial

staffing patterns thereof, as well as such other transitory measures that need to be taken to assure the

orderly implementation of this Executive Order, subject to the approval of the Ministry of the Budget in consultation, whenever necessary with the Presidential Commission on Reorganization.

FORM number 018/043 (Regulation – Regulatory Jurisdiction – Broadcast) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)





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Act No. 3846

In force since:

10/08/1963

Congress of the

Philippines

Section 1. No person, firm, company, association or corporation shall construct, install, establish, or operate

a radio station within the Philippine Islands without having first obtained a franchise therefor from the

Philippine Legislature; Provided however, That no franchise from the Legislature shall be necessary for the construction, installation, establishment or operation of a broadcasting station, an amateur station, an

experimental station, a training station, a station on board a mobile vessel, train, or aircraft, or a private

station in a place without any means of communication.

Section 2. The construction or installation of any station shall not be begun, unless a permit therefor has

been granted by the Secretary of Commerce and Communications. No station shall be operated except under and in accordance with the provisions of a license issued therefor by the Secretary of Commerce and

Communications. The license shall state the dates between which the station may be operated. If a renewal

is desired, the licensee shall submit an application to the Secretary of Commerce and Communication at least two (2) months before the expiration date of the license to be renewed. The Secretary of Commerce

and Communication shall determine the period for which each license is issued; Provided, that no license shall be issued for a longer period than three (3) years.

Section 3. The Secretary of Commerce and Communication is hereby empowered to regulate the

establishment, use, and operation of all radio stations and of all forms of radio communications and transmissions within the Philippine Islands and to issue such rules and regulations as may be necessary. In addition to the above, he shall have the following specific powers and duties:

(a) He shall classify radio stations and prescribe the nature of service to be rendered by each class and by each station within any class;

(h) He may prescribe rules and regulations to be observed by radio training schools; he may

supervise the course and method of instruction therein, and he may refuse to admit to examinations for radio operators' licenses graduates of any radio school not complying with the regulations;

Section 4. No radio station license shall be transferred to any person, firm, company, association or

corporation without express authority of the Secretary of Commerce and Communications, and no license

shall be granted or transferred to any person who is not a citizen of the United States of America or of the Philippine Islands; or to any firm or company which is not incorporated under the laws of the Philippine

Islands or any state or territory of the United States of America; or to any company or corporation twenty

percent (20%) of whose capital stock may be voted by aliens or their representatives, or by a foreign government or its representatives, or by any company, corporation, or association organized under the laws of a foreign country.

Section 5. The privileges granted in any station license shall not be exclusive.

[...]


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Section 8. The Secretary of Commerce and Communication is hereby authorized to create a Radio Regulation Section, Division, or Office, which shall take charge of carrying out the provisions of this Act

and of the regulations prescribed by him, or to delegate temporarily the duties herein conferred upon him

and the enforcement of the regulations prescribed by him, to any bureau or office under his department, subject to his general supervision and control.

Section 9. The provisions of this Act shall not apply to radio stations of the United States Government and those of the Philippine Government. Foreign mobile stations temporarily located within the Philippine

Islands shall be exempt from the provisions of this Act: Provided, however, That they shall be subject to the provisions of the International Radiotelegraph Regulations.

Section 13. Any firm, company, corporation or association failing or refusing to observe or violating any

provision of this Act, or any provision of the regulations prescribed by the Secretary of Commerce and Communication under this Act, or any provision of the International Radio Regulations, shall be punished by a fine of not more than one thousand pesos for each and every offense.

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Presidential Decree No. 576-A In force since:

11/11/1974

President of the

Philippines

Section 1. No radio or television channel may obtain a franchise unless it has sufficient capital on the basis

of equity for its operation for at least one year, including purchase of equipment.

Section 3. No person or corporation may own, operate, or manage more than one radio or television station

in one municipality or city; nor more than five AM and five FM radio station; nor more than five television channels in the entire country, and no radio or television station shall be utilized by any single-interest group

to disseminate information or otherwise influence the public or the government to serve or support the ends of such group.

Section 4. Any person or corporation which owns more than the number of radio or television stations

authorized in the preceding section shall divest itself of the excess stations or channels. Any excess station shall be sold through the Bureau to Telecommunications.

Section 5. Failure to divest as provided in the foregoing section shall, in addition to the penalties provided in Section 6, subject the person or corporation guilty of such failure to cancellation of the franchise of every excess station and to confiscation of the station and its facilities without compensation.

[...]

Section 7. Any person who violates this Decree shall be punishable by imprisonment for a period ranging from five months to six years and the payment of a fine of P1,000.00 to P10,000.00, or both such imprisonment and fine, at the discretion of the court.

If the violation is committed by an association, partnership or corporation, the penalty shall be imposed on the officers or employees thereof who were responsible for or who committed the violation.


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Section 8. This Decree shall take effect immediately.

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05/10/1985

President of the

Philippines

Section 1. Creation. - There is hereby created a Movie and Television Review and Classification Board,

hereinafter referred to as the Board, under the Office of the President of the Philippines. The BOARD shall have its principal office in Metropolitan Manila.

Section 2. Composition; qualifications; benefits. - The BOARD shall be composed of a Chairman, a Vice-

Chairman and thirty (30) members, who shall all be appointed by the President of the Philippines. The

Chairman, the Vice-Chairman, and the members of the BOARD, shall hold office for a term of one (1) year,

unless sooner removed by the President for any cause; Provided, That they shall be eligible for re-

appointment after the expiration of their term. If the Chairman, or the Vice-Chairman or any member of the BOARD fails to complete his term, any person appointed to fill the vacancy shall serve only for the unexpired portion of the term of the BOARD member whom he succeeds.

[...]

Section 3. Powers and Functions. - The BOARD shall have the following functions, powers and duties:

a) To promulgate such rules and regulations as are necessary or proper for the implementation

of this Act, and the accomplishment of its purposes and objectives, including guidelines and standards for production, advertising and titles. Such rules and regulations shall take effect after

fifteen (15) days following their publication in newspapers of general circulation in the Philippines;

b) To screen, review and examine all motion pictures as herein defined, television programs,

including publicity materials such as advertisements, trailers and stills, whether such motion pictures and publicity materials be for theatrical or non-theatrical distribution, for television

broadcast or for general viewing, imported or produced in the Philippines, and in the latter case, whether they be for local viewing or for export;

c) To approve or disapprove, delete objectionable portions from and/or prohibit the importation,

exportation, production, copying, distribution, sale, lease, exhibition and/or television broadcast of the motion pictures, television programs and publicity materials subject of the preceding

paragraph, which, in the judgment of the board applying contemporary Filipino cultural values

as standard, are objectionable for being immoral, indecent, contrary to law and/or good customs, injurious to the prestige of the Republic of the Philippines or its people, or with a dangerous

tendency to encourage the commission of violence or of wrong or crime, such as but not limited to:

i) Those which tend to incite subversion, insurrection, rebellion or sedition against the State, or otherwise threaten the economic and/or political stability of the State;

ii) Those which tend to undermine the faith and confidence of the people in their government and/or the duly constituted authorities;


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iii) Those which glorify criminals or condone crimes;

iv) Those which serve no other purpose but to satisfy the market for violence or pornography;

v) Those which tend to abet the traffic in and use of prohibited drugs;

vi) Those which are libelous or defamatory to the good name and reputation of any person, whether living or dead; and

vii) Those which may constitute contempt of court or of any quasi-judicial tribunal, or pertain to matter which are sub-judice in nature.

[...]

Section 4. Decision. - The decision of the BOARD either approving or disapproving for exhibition in the Philippines a motion picture, television program, still and other pictorial advertisement submitted to it for

examination and review must be rendered within a period of ten (10) days which shall be counted from the

date of receipt by the BOARD of an application for the purpose, together with motion picture, television program, still or other pictorial advertisement to be reviewed.

[...]

An Appeals Committee in the Office of the President of the Philippines is hereby created composed of a

Chairman and four (4) members to be appointed by the President of the Philippines, which shall submit its recommendations to the President. The Office of the Presidential Assistance for Legal Affairs shall serve as the Secretariat of the Appeals Committee.

The decision of the President of the Philippines on any appealed matter shall be final.

Section 5. Executive Officer. - The Chairman of the BOARD shall be the Chief Executive Officer of the

BOARD. He shall exercise the following functions, powers and duties:

a) Execute, implement and enforce the decisions, orders, awards, rules and regulations issued by the BOARD;

b) Direct and supervise the operations and the internal affairs of the BOARD;

c) Establish the internal organization and administrative procedures of the BOARD, and

recommend to the BOARD the appointment of the necessary administrative and subordinate personnel; and

d) Exercise such other powers and functions and perform such duties as are not specifically lodged in the BOARD.


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[...]

Section 10. Definition of Terms. - For purposes of this Act, the following terms shall mean:

1. Motion Picture - A series of pictures projected in a screen in rapid succession, with objects

shown in successive positions slightly changed so as to produce the optical effect of a continuous

picture in which the objects move, whether the picture be black and white or colored, silent or with accompanying sound, on whatever medium and with whatever mechanism or equipment

they are projected, and in whatever material they are preserved or recorded for instant projection,

for the purpose of this Act, the material in which the motion picture is contained, preserved, or

recorded, forms an integral part of the motion picture subject of this Act.

2. Television Broadcast - Public showing by transmitting sound or images by television or similar equipment, including cable television, and other limited audience distribution.

3. General Viewing - Making motion pictures available to general public for its viewing through convenient film packs or similar materials sold, leased, or lent in commercial outlets, public lending clubs, and similar organizations.

4. Non-Theatrical Distribution -

a) Public showing of long and short motion pictures through the use of mobile projection equipment not imposing admission fee.

b) Showing long or short motion pictures to organizations, societies, clubs, groups, etc. Such as films for children, educational, documentary, cultural, scientific, newsreel, industrial, sales, public relations, and instructional films.

5. Theatrical Distribution - Public showing and/or exhibition in any cinema or theater or in any

other place of motion pictures imposing admission fees on persons for entertainment, education, information and advertising.

6. An Adult - is any person eighteen (18) years of age or over.

7. Review Session - shall mean the review and examination of motion pictures, television programs and similar shows, or publicity materials, by the BOARD.

[...]

Section 12. Banning of Motion Pictures and Television Programs. - In the event a motion picture or television program, after examination and review by the BOARD, is declared unfit for exhibition in the

Philippines, the said motion picture or television program shall be returned by the importer or distributor

thereof to the country of origin or to any other place outside of the Philippines within a period of thirty days,

which shall be counted from the date of receipt by the importer of distributor of the decision of the BOARD

banning the motion picture or television program for exhibition in the Philippines, and all customs duties

and internal revenue taxes paid by the importer or distributor on account of the importation to and entry into


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the Philippines of the said motion picture or television program shall be automatically refunded by the government office concerned to the said importer or distributor. A copy of the decision of the BOARD

banning a motion picture or television program for exhibition in the Philippines shall be furnished to the

Commissioner of Internal Revenue and to the Collector of Customs of the port of entry of the said motion picture or television program, and the same shall constitute a sufficient authority to the Commissioner of

Internal Revenue and the Collector of Customs concerned to refund the internal revenue taxes and customs

duties paid by the importer or distributor on account of the importation of the banned motion picture or television program.

Section 13. Inspection. - In addition to its powers vested by law, and for the effective enforcement of the provisions of this act, the BOARD or its duly authorized representatives shall have the power to inspect all

public exhibitions of any motion picture or publicity material in movie houses, theaters and other public

establishments, and in any case, upon discovery of any motion picture or publicity material which, although previously approved by the BOARD, has been tampered with to introduce any unapproved matter, to

immediately seize the article containing or incorporating such unapproved matter and to cause the

prosecution of the person(s) responsible for the violation of this Act, Presidential Decree No. 49 and/or the Revised Penal Code, as amended.

[...]

Section 15. Abolition of the Board of Review for Motion Pictures and Television. - The Board of Review

for Motion Pictures and Television (BRMPT) created under Republic Act No. 3060, as amended, is hereby

abolished, and its powers and functions are hereby transferred to the BOARD.

[...]

Section 18. Commission on Audit. - The Chairman of the Commission on Audit shall be the ex officio

Auditor of the BOARD. For this purpose, he may appoint a representative who shall be the auditor of the BOARD, together with the necessary personnel to assist said representative in the performance of his duties.

The number and salaries of the auditor and said personnel shall be determined by the Chairman of the

Commission on Audit. Said salaries and all other expenses of maintaining the auditor's office shall be paid by the BOARD.

The Auditor shall, as soon as practicable, but not later than three (3) months after the accounts have been submitted to audit, send an annual report to the BOARD. The Auditor shall also submit such periodic or special reports as the BOARD may deem necessary or proper.

Section 21. Assistance in the Enforcement Functions of the BOARD. - The BOARD may solicit the direct

assistance of other agencies and units of the government, and deputize, for a fixed and limited period, the

heads or personnel of such agencies and units to perform enforcement functions for the BOARD. The government agencies and units exercising the enforcement functions for the BOARD shall, insofar as such functions are concerned, be subject to the direction and control of the BOARD.


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05/10/1985

President of the

Philippines

Section 1. Creation. - There is hereby created an office to be known as the Videogram Regulatory Board, hereinafter referred to as the BOARD, which shall have its principal office in Metro Manila and shall be

under the Office of the President of the Philippines. The BOARD shall regulate the importation, exportation,

production, reproduction, distribution, exhibition, showing, sale, lease or disposition of videograms including, among others, videotapes, discs, casettes or any technical improvement or variation thereof in accordance with such rules and regulations to be adopted by the BOARD.

[...]

Section 3. Powers and Functions. - The BOARD shall have the following powers and functions:

1) To supervise, regulate, grant, deny, or cancel permits for the importation, exportation,

production, copying, sale, lease, exhibition or showing of videograms including, among others, videotapes, discs, cassettes or any technical improvement or variation thereof;

2) To approve or disapprove, delete, objectionable portions from and/or prohibit the importation, exportation, production, copying, distribution, sale, lease, exhibition or showing of videograms,

including, among others, videotapes, discs, cassettes or any technical improvement or variation

thereof, which, in the judgment of the BOARD applying contemporary Filipino cultural values as basic standard, are objectionable for being immoral, indecent, libelous, contrary to law or

good customs, or injurious to the prestige of the Republic of the Philippines or its people, or with

a dangerous tendency to encourage or fan hatred, the commission of violence or of a wrong or

crime, such as but not limited to:

i) Those which tend to incite subversion, insurrection, rebellion, or sedition against the State or otherwise threaten the economic and/or political stability of the State;

ii) Those which tend to undermine the faith and confidence of the people in their government and/or the duly constituted authorities;

iii) Those which glorify criminals or condone crimes;

iv) Those which are libelous or defamatory to the good name and reputation of any person, whether living or dead;

v) Those which serve no other purpose but to satisfy the market for excessive violence or hard-core pornography;

vi) Those which tend to abet the traffic in and use of prohibited drugs; or

vii) Those which commit direct or indirect contempt of any court of justice or quasi-

judicial tribunal whether any litigation on the subject of the video is pending or not before such court of tribunal.


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6) To review and examine all videograms, including among others, videotapes, discs, cassettes or any technical improvement or variation thereof, as well as publicity materials or advertisements related thereto, with the end in view of making appropriate classification;

[...]

Section 4. Executive Officer. - The Chairman of the BOARD shall be the Chief Executive Officer. He shall Exercise the following duties and functions:

a) Execute, implement and enforce the decisions, orders, rules and regulations promulgated or

issued by the BOARD;

b) Direct and supervise the operations and the internal affairs of the BOARD;

c) Establish the internal organization and administrative procedures of the BOARD, and

recommend to the BOARD the appointment of the necessary administrative and subordinate personnel; and

d) Exercise such other powers and functions and perform such duties as are not specifically lodged in the BOARD.

[...]

Section 9. Penalty. - Any person who violates any or all of the provisions of Sections 3, 6, 7, 8 and 10 of

this Decree or the rules and regulations to be promulgated pursuant thereto, either as principal, accomplice or accessory, shall, upon conviction, suffer a mandatory penalty of three (3) months and one (1) day to one

(1) year imprisonment plus a fine of not less than Fifty Thousand Pesos (P50,000.00) but not more than One

Hundred Thousand Pesos (P100,000.00). Should the offense be committed by a juridical person, the chairman, the president, secretary, treasurer, or the partner responsible therefor, shall be the persons penalized.

The provisions of Presidential Decree No. 968, as amended (Probation Law), shall not apply in cases of

violations of this Decree, including its implementing rules and regulations.

Section 11. Assistance in the Enforcement Functions of the BOARD. - The BOARD may solicit the direct

assistance of other agencies and units of the government, and deputize, for a fixed and limited period, the

heads or personnel of such agencies and units to perform enforcement function for the BOARD. The government agencies and units exercising the enforcement functions for the BOARD shall, insofar as such functions are concerned, be subject to the direction and control of the BOARD.

Section 12. Organizational Pattern; Personnel. - The BOARD shall determine its organizational structure

and its staffing pattern. It shall have the power to suspend or dismiss for cause any employee and/or approve

or disapprove the appointment, transfer or detail of employees. It shall appoint the Secretary of the BOARD

who shall be the official custodian of the records of the meetings of the BOARD and who shall perform such other duties and functions as directed by the BOARD.


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Section 13. Applicability of Civil Service Law. - The BOARD and its officers and employees shall be subject to the Civil Service Law, rules and regulations; Provided, That technical personnel shall be selected on the

basis of merit and fitness to be determined in accordance with such policies and guidelines as may be approved by the BOARD.

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30/06/1987

President of the

Philippines

Sec. 1. The operation of Cable Antenna Television (CATV) system in the Philippines shall be open to all

citizens of the Philippines, or to corporations, cooperatives 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.

Sec. 2. A Certificate of Authority to operate Cable Antenna Television (CATV) system shall be granted by the Commission on 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.

Sec. 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 Antenna

Television (CATV) system.

Sec. 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 or possession thereof by the government without compensation.

Sec. 6. The National Telecommunications Commission is hereby authorized to issue the necessary rules and regulations to implement this Executive Order.

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09/09/1997

President of the

Philippines

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 television operator shall


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infringe on broadcast television markets by inserting advertisements in the programs it carries or retransmits without the consent of the program provider concerned.

Section 4. Local exchange operators and/or broadcasters, as well as operators of direct broadcast satellite service, multi-point distribution service, television receive-only satellite program distribution service and

other systems of providers of video programming utilizing whatever technology, shall not operate cable

television systems or any form of service involving the delivery television programs and signals, by wire or cable or through the airwaves and other wireless video signal transmission systems without specific permits,

licenses and/or authority to operate a cable television system as provided hereunder and under applicable

laws and rules and regulations, which permits, licenses and/or authority shall be issued in accordance with the provisions of this Executive Order.

Section 5. The Commission may grant an applicant an authority to operate a cable television system within the same franchise area covered by any Provisional Authority or Certificate of Authority issued by the Commission two (2) years earlier only upon the determination by the Commission that -

a) the prior cable television operator has not, without sufficient justification, substantially complied with the terms and condition of his authorization;

b) the cable television service currently provided by the operator to its subscriber is grossly inadequate; and

c) the grant of the authority to the applicant will not result in ruinous competition detrimental to the existing operator and incompatible with the investment policies under this Executive Order.

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17/03/1998

President of the

Philippines

Section 1. Policy Guidance. The following guidance and regulations shall govern the operation and use of the following satellite telecommunications facilities and services in the country:

a. Access to International Fixed Satellite Systems. Enfranchised telecommunications entities

duly authorized by the National Telecommunications Commission (NTC) to provide

international telecommunications services shall be allowed direct access to all international fixed satellite systems. Broadcast service providers may also be allowed to directly access international fixed satellite systems subject to NTC rules, regulations and authorizations.

b. Access to International Mobile Satellite Systems. Direct access to international mobile

satellite services shall be allowed for maritime, aeronautical and land mobile uses, subject to

NTC rules and regulations. For this purpose, the DOTC/NTC shall recognize the authorization and/or certification of foreign-registered mobile units designed to access international mobile satellite systems, provided they are consistent with said NTC rules and regulations.

c. Use of Satellite Newsgathering (SNG) Earth Stations. The government shall take a permissive

approach on the use and operation of SNG earth stations owned or operated by foreign news

media organizations, for a limited period of time as defined by NTC. Foreign news media


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organizations wanting to bring SNG earth stations into the country shall secure a special NTC permit.

d. Operation and Use of Global Mobile Personal Communication by Satellite (GMPCS). The government shall allow the operation and use of GMPCS to contribute to the attainment of

universal access, subject to NTC rules and regulations. In this connection, GMPCS systems shall

be required to interconnect with existing terrestrial systems in a non-discriminatory manner in accordance with the provisions of Executive Order No. 59 (Guidelines for Compulsory

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.


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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.

Regulation

/

Regulatory

Jurisdiction

/

Broadcast


23/07/1979

President of the

Philippines

Sec. 1. Creation of a Ministry of Public Works. There is hereby created a Ministry of Public Works, hereinafter referred to as the Ministry, which shall assume the public works functions of the Ministry of

Public Works, Transportation and Communications and such other functions as may be assigned to it by law.

[...]

B. MINISTRY OF TRANSPORTATION AND COMMUNICATIONS

Sec. 6. Creation of a Ministry of Transportation and Communications. There is hereby created a Ministry of Transportation and Communications, hereinafter referred to as the Ministry, which 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 a dependable and coordinated network of transportation and communication systems in pursuance of the following objectives:

[...]

b. Guide government and private investments in the development of the country's inter-modal

transport and communication systems in a most practical, expeditious, and orderly fashion for maximum safety, service, and cost effectiveness;

c. Impose appropriate measures so that technical, economic and other conditions for the continuing economic viability of the transport and communications entities are not jeopardized and do not encourage inefficiencies and distortion of traffic patronage;

d. Provide, extend and operate by itself or through or together with other entities, private or

government, local or national, telephone, telegraph, telex and other public telecommunications

services throughout the country whenever economic, social and political development activities warrant the provision thereof: Provided, however, That the national economic viability of the entire network or components thereof is maintained at reasonable rates;

e. Develop an integrated nationwide transmission system by itself or through or together with

other entities in accordance with national and international telecommunications service


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standards to meet all telecommunications service requirements including, among others, radio and television broadcast relaying, leased channel services and data transmission;

f. Establish, operate and maintain by itself or through or together with other entities an international switching system for incoming and outgoing international telecommunications services;

Sec. 7. Authority and Responsibility. Authority and responsibility for the Ministry shall be vested in the

Minister of Transportation and Communications who shall be assisted by one career Deputy Minister, unless otherwise determined by the President.


a. Coordinate and supervise all activities of the Ministry relative to transportation and communications;

d. Regulate, whenever necessary, activities relative to transportation and communications and prescribe and collect fees in the exercise of such power;

e. Assess, review and provide direction to transportation and communications research and development programs of the government in coordination with other institutions concerned; and

f. Perform such other functions as may be necessary to carry into effect the provisions of this Executive Order.

Sec. 9. Organization of the Ministry. The Ministry shall be composed of the ministry proper made up of

immediate Office of the Minister, an Administrative Service, a Financial and Management Service and a

Planning Service; four (4) bureaus, namely, Bureau of Land Transportation, Bureau of Air Transportation, Bureau of Telecommunications, and Bureau of Posts; and a National Telecommunications Commission.

The Administrative Service, Financial and Management Service, and Planning Service shall perform functions conforming with those provided for in appropriate provisions of Part II of the Integrated

Reorganization Plan.

[...]

Sec. 13. Bureau of Telecommunications. The Bureau of Telecommunications shall continue to be responsible for providing telecommunications facilities, including telephone systems for government

offices; providing communications services for purposes of augmenting limited or inadequate existing

similar private communication services; extending communications in areas where no such services are available; and assisting the private sector engaged in telecommunications services by providing and maintaining backbone telecommunication networks.

Sec. 14. National Telecommunications Commission. The Board of Communications created under Article

III, Chapter I, Part X of the Integrated Reorganization Plan, as amended, and the Telecommunications

Control Bureau created under Article IX, Chapter I, Part X of the same Plan, as amended, are integrated


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into a single entity to be known as the National Telecommunications Commission and hereinafter referred to as the Commission.

Sec. 15. Functions of the Commission. The Commission shall exercise the following functions:

a. Issue Certificate of Public Convenience for the operation of communications utilities and

services, radio communications systems, wire or wireless telephone or telegraph systems, radio and television broadcasting system and other similar public utilities;

b. Establish, prescribe and regulate areas of operation of particular operators of public service

communications; and determine and prescribe charges or rates pertinent to the operation of such

public utility 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 recognized by the Philippine Government as the proper arbiter of such charges or rates;

c. Grant permits for the use of radio frequencies for wireless telephone and telegraph systems and radio communication systems including amateur radio stations and radio and television broadcasting systems;

d. Sub-allocate series of frequencies of bands allocated by the International Telecommunications Union to the specific services;

e. Establish and prescribe rules, regulations, standards, specifications in all cases related to the issued Certificate of Public Convenience and administer and enforce the same;

f. Coordinate and cooperate with government agencies and other entities concerned with any

aspect involving communications with a view to continuously improve the communications service in the country;

g. Promulgate such rules and regulations, as public safety and interest may require, to encourage

a larger and more effective use of communications, radio and television broadcasting facilities, and to maintain effective competition among private entities in these activities whenever the

Commission finds it reasonably feasible;

h. Supervise and inspect the operation of radio stations and telecommunications facilities;

i. Undertake the examination and licensing of radio operators;

j. Undertake, whenever necessary, the registration of radio transmitters and transceivers; and

k. Perform such other functions as may be prescribed by law.

[...]


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Sec. 17. Telecommunication Stations Operated by the Armed Forces of the Philippines. Telecommunication stations owned and operated by the Armed Forces of the Philippines shall not be subject to the provisions

of this Executive Order except that all such stations shall use frequencies as may be allowed/assigned by the Commission.

Sec. 18. International Treaties, Conventions and Agreements. International treaties, conventions and

agreements on telecommunications to which the Philippine Government is a signatory shall form part of this Executive Order insofar as they are applicable to the Philippines.

C. OTHER PROVISIONS

Sec. 19. Abolished/Transferred Agencies.

[...]

d. The Board of Communications and the Telecommunications Control Bureau are abolished and their functions are transferred to the National Telecommunications Commission.

e. The common technical staff of the Specialized Regulatory Boards created under Article III, Chapter I, Part X of the Integrated Reorganization Plan, as amended, is abolished and its

functions are transferred as appropriate to the Board of Transportation and the National

Telecommunications Commission.

The foregoing transfers of functions shall include applicable funds and appropriations, records, equipment, property, and such personnel as may be necessary.

[...]

Sec. 21. The Minister of Public Works and the Minister of Transportation and Communications shall

respectively assume as appropriate the positions of Chairman or member of all bodies and agencies

previously occupied in an ex-officio capacity by the Minister of Public Works, Transportation and Communications.

In case of conflict, however, as to which Minister shall sit in any particular board or body, the same shall be decided by the President.

Sec. 22. The Minister of Public Works and the Minister of Transportation and Communications shall promulgate the necessary implementing details to carry out the organization of their respective Ministries

which shall include the internal organization of units involved and the corresponding initial staffing patterns

thereof, as well as such other transitory measures that need to be taken to assure the orderly implementation of this Executive Order, subject to the approval of the Ministry of the Budget in consultation, whenever necessary with the Presidential Commission on Reorganization.


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FORM number 019/043 (Regulation – Regulatory Jurisdiction – Broadband) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




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Regulation

/

Regulatory

Jurisdiction

/

Broadband

Not found In force since: n/a n/a n/a

FORM number 020/043 (Regulation – Regulatory Jurisdiction – e-Commerce) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




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/

Regulatory

Jurisdiction

/

e-Commerce


23/02/1998

President of the

Philippines

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 3. Functions - The Council shall have the following duties and functions:

a. Formulate, in coordination with the concerned agencies and private sector, a National

Program and Strategy (NPS) for the Promotion of Electronic Commerce in the Country.


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The NPS for Electronic Commerce shall be made consistent with the National Information Technology Plan for the 21st Century;

b. Coordinate and monitor the implementation of the above NPS;

c. Recommend policies and programs which may further enhance the development of electronic commerce in the country;

d. Provide forums and mechanisms in addressing issues and concerns affecting the electronic commerce industry;

e. Perform such other functions as may be assigned by the President.

Section 4. Secretariat - The Chairman shall establish a Secretariat to provide technical and

administrative support to the Council. It shall be composed of representatives from the private and

government sectors and shall be based at the DTI. Whenever necessary, the Council may also create appropriate Committees to assist in the discharge of the Council's functions.

Section 5. Meetings - The Council shall meet at least once a month to discuss matters pertinent to the development of electronic commerce in the country.

FORM number 021/043 (Regulation – Contingent Regulation – Telecommunications) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




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applicable)

Adopted by

whom

(Use n/a if not

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Regulation

/


/

Telecommunications


In force since:

02/02/1987

Congress of the

Philippines

ARTICLE XII

NATIONAL ECONOMY AND PATRIMONY

Section 6. The use of property bears a social function, and all economic agents shall contribute to the common good. Individuals and private groups, including corporations, cooperatives, and similar

collective organizations, shall have the right to own, establish, and operate economic enterprises,


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subject to the duty of the State to promote distributive justice and to intervene when the common good so demands.

ARTICLE XVI

GENERAL PROVISIONS

Section 9. The State shall protect consumers from trade malpractices and from substandard or hazardous products.

Section 11.

1. The ownership and management of mass media shall be limited to citizens of the Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by such citizens.

The Congress shall regulate or prohibit monopolies in commercial mass media when the

public interest so requires. No combinations in restraint of trade or unfair competition therein shall be allowed.

Regulation

/


/

Telecommunications

The Consumer Act of the Philippines – Republic Act No.

7394

In force since:

13/04/1992

Congress of the

Philippines

Article 6. Implementing Agencies. – The provisions of this Article and its implementing rules and regulations shall be enforced by:

a) the Department of Health with respect to food, drugs, cosmetics, devices and substances;

b) the Department of Agriculture with respect to products related to agriculture, and;

c) the Department of Trade and Industry with respect to other consumer products not specified above.

[...]

Article 17. Powers, functions and duties. – In addition to their powers, functions and duties under existing laws, the concerned department shall have the following powers, functions and duties:

a) to administer and supervise the implementation of this Article and its implementing rules and regulations;


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b) to undertake researches, develop and establish quality and safety standards for consumer products in coordination with other government and private agencies closely associated with these products;

c) to inspect and analyze consumer products for purposes of determining conformity to established quality and safety standards;

d) to levy, assess, collect and retain fees as are necessary to cover the cost of inspection,

certification, analysis and tests of samples of consumer products and materials submitted in compliance with the provisions of this Article;

e) to investigate the causes of and maintain a record of product-related deaths, illnesses and

injuries for use in researches or studies on the prevention of such product-related deaths, illnesses and injuries.

f) to accredit independent, competent non-government bodies, to assist in (1) monitoring the market for the presence of hazardous or non-certified products and other forms of

violations of Article 18; and (2) other appropriate means to expand the monitoring and

enforcement outreach of the department in relation to its manpower, testing and certification resources at a given time.

g) to accredit independent competent testing laboratories.

[...]

Article 50. Prohibition Against Deceptive Sales Acts or Practices. – A deceptive act or practice by a

seller or supplier in connection with a consumer transaction violates this Act whether it occurs before,

during or after the transaction. An act or practice shall be deemed deceptive whenever the producer, manufacturer, supplier or seller, through concealment, false representation of fraudulent manipulation, induces a consumer to enter into a sales or lease transaction of any consumer product or service.

Without limiting the scope of the above paragraph, the act or practice of a seller or supplier is deceptive

when it represents that:

a) a consumer product or service has the sponsorship, approval, performance, characteristics, ingredients, accessories, uses, or benefits it does not have;

b) a consumer product or service is of a particular standard, quality, grade, style, or model when in fact it is not;

c) a consumer product is new, original or unused, when in fact, it is in a deteriorated, altered, reconditioned, reclaimed or second-hand state;

d) a consumer product or service is available to the consumer for a reason that is different from the fact;


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e) a consumer product or service has been supplied in accordance with the previous representation when in fact it is not;

f) a consumer product or service can be supplied in a quantity greater than the supplier intends;

g) a service, or repair of a consumer product is needed when in fact it is not;

h) a specific price advantage of a consumer product exists when in fact it does not;

i) the sales act or practice involves or does not involve a warranty, a disclaimer of

warranties, particular warranty terms or other rights, remedies or obligations if the indication is false; and

j) the seller or supplier has a sponsorship, approval, or affiliation he does not have.

[...]

Article 99. Liability for Defective Services. – The service supplier is liable for redress, independently of fault, for damages caused to consumers by defects relating to the rendering of the services, as well

as for insufficient or inadequate information on the fruition and hazards thereof.

The service is defective when it does not provide the safety the consumer may rightfully expect of it, taking the relevant circumstances into consideration, including but not limited to:

a) the manner in which it is provided;

b) the result of hazards which may reasonably be expected of it;

c) the time when it was provided.

A service is not considered defective because of the use or introduction of new techniques.

The supplier of the services shall not be held liable when it is proven:

a) that there is no defect in the service rendered;

b) that the consumer or third party is solely at fault.

[...]

Article 102. Liability for Service Quality Imperfection. – The service supplier is liable for any quality

imperfections that render the services improper for consumption or decrease their value, and for those


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resulting from inconsistency with the information contained in the offer or advertisement, the consumer being entitled to demand alternatively at his option:

a) the performance of the services, without any additional cost and when applicable;

b) the immediate reimbursement of the amount paid, with monetary updating without prejudice to losses and damages, if any;

c) a proportionate price reduction.

Reperformance of services may be entrusted to duly qualified third parties, at the supplier's risk and cost.

Improper services are those which prove to be inadequate for purposes reasonably expected of them and those that fail to meet the provisions of this Act regulating service rendering.

Regulation

/


/

Telecommunications


In force since:

25/07/1987

President of the

Philippines

BOOK IV

THE EXECUTIVE BRANCH

[...]

CHAPTER 13

CONTRACTS

Section 57. Conveyances and Contracts to which the Government is a Party. - Any deed, instrument

or contract conveying the title to real estate or to any other property the value of which does not exceed

fifty million pesos (P50,000,000) awarded through public bidding, and five million pesos (P5,000,000) awarded through negotiation, shall be executed and signed by the respective Secretary on behalf of the

Government of the Philippines. Where the value of the property exceeds the aforesaid ceilings, such

deed, instrument or contract shall be executed and signed by the President of the Philippines on behalf of the Government.

[...]

Section 61. Delegation of Authority to Governing Boards of Government Corporations. - The

Secretaries are authorized to delegate to the governing boards of government-owned or controlled corporations which are attached to or are under the administrative supervision of their respective

departments, the authority to approve contracts for infrastructure projects entered into by said

corporations involving amounts which are beyond the ceiling provided for government corporations under Section 57 hereof but which are within the approving authority of the Secretaries under the said


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Section. In the case of government corporations which are attached to or under the Office of the President, the delegation shall be made by the Executive Secretary.

Section 62. Public Bidding of Contracts; Exceptions. - As a general rule, contracts for infrastructure projects shall be awarded after open public bidding to bidders who submit the lowest

responsive/evaluated bids. Open Public Bidding shall be conducted among prequalified contractors in

accordance with laws, rules and regulations not inconsistent with the provisions of this Chapter. The award of such contracts through negotiations shall only be allowed by the Secretary or Governing

Board of the Corporation concerned within the limits as stated in Section 57 hereof in the following cases:

a. In times of emergencies arising from natural calamities where immediate action is

necessary to prevent imminent loss of life or property, in which case, direct negotiation or simplified bidding may be undertaken;

b. Failure to award the contract after competitive public bidding for valid cause or causes, in which case, simplified bidding may be undertaken; and

c. Where the construction project covered by the contract is adjacent or contiguous to an on-going project and it could be economically prosecuted by the same contractor, in which

case, direct negotiation may be undertaken with the said contractor at the same unit prices

and contract conditions, less mobilization costs, provided that he has no negative slippage

and has demonstrated a satisfactory performance. Otherwise, the contract shall be awarded through public bidding.

Section 63. Contracts for Community Employment and Development Program Projects. - Contracts

covering projects under the Community Employment and Development Program of the government

shall be awarded through open public bidding: Provided, That the invitation to bid for the said projects shall be advertised at least once within one week in a newspaper of local circulation within the province

where the project is situated, through posting of notices in the premises of the municipal/provincial

office, and through other forms of media, such as radio and television: Provided, further, That the deadline for submission of bids for projects costing not more than P1 million each may be shortened

to one week after the date of such invitation, posting of notices or advertisement through other forms of media.

[...]

Section 65. Approval of other types of Government Contracts. - All other types of government

contracts which are not within the coverage of this Chapter shall, in the absence of a special provision,

be executed with the approval of the Secretary or by the head of the bureau or office having control of the appropriation against which the contract would create a charge. Such contracts shall be processed and approved in accordance with existing laws, rules and regulations.

BOOK VII

ADMINISTRATIVE PROCEDURE


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Section 1. Scope. - This Book shall be applicable to all agencies as defined in the next succeeding section, except the Congress, the Judiciary, the Constitutional Commissions, military establishments

in all matters relating exclusively to Armed Forces personnel, the Board of Pardons and Parole, and state universities and colleges.

[...]

Section 10. Compromise and Arbitration. - To expedite administrative proceedings involving

conflicting rights or claims and obviate expensive litigations, every agency shall, in the public interest, encourage amicable settlement, comprise and arbitration.

Section 11. Notice and Hearing in Contested Cases. -

(1) In any contested case all parties shall be entitled to notice and hearing. The notice shall

be served at least five (5) days before the date of the hearing and shall state the date, time and place of the hearing.

(2) The parties shall be given opportunity to present evidence and argument on all issues.

If not precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement or default.

(3) The agency shall keep an official record of its proceedings.

Section 12. Rules of Evidence. - In a contested case:

(1) The agency may admit and give probative value to evidence commonly accepted by reasonably prudent men in the conduct of their affairs.

(2) Documentary evidence may be received in the form of copies or excerpts, if the original

is not readily available. Upon request, the parties shall be given opportunity to compare the

copy with the original. If the original is in the official custody of a public officer, a certified copy thereof may be accepted.

(3) Every party shall have the right to cross-examine witnesses presented against him and to submit rebuttal evidence.

(4) The agency may take notice of judicially cognizable facts and of generally cognizable technical or scientific facts within its specialized knowledge. The parties shall be notified and afforded an opportunity to contest the facts so noticed.

Section 13. Subpoena. - In any contested case, the agency shall have the power to require the

attendance of witnesses or the production of books, papers, documents and other pertinent data, upon

request of any party before or during the hearing upon showing of general relevance. Unless otherwise

provided by law, the agency may, in case of disobedience, invoke the aid of the Regional Trial Court


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within whose jurisdiction the contested case being heard falls. The Court may punish contumacy or refusal as contempt.

Section 14. Decision. - Every decision rendered by the agency in a contested case shall be in writing and shall state clearly and distinctly the facts and the law on which it is based. The agency shall decide

each case within thirty (30) days following its submission. The parties shall be notified of the decision personally or by registered mail addressed to their counsel of record, if any, or to them.

Section 15. Finality of Order. - The decision of the agency shall become final and executory fifteen

(15) days after the receipt of a copy thereof by the party adversely affected unless within that period

an administrative appeal or judicial review, if proper, has been perfected. One motion for reconsideration may be filed, which shall suspend the running of the said period.

Section 16. Publication and Compilation of Decisions. -

(1) Every agency shall publish and make available for public inspection all decisions or final orders in the adjudication of contested cases.

(2) It shall be the duty of the records officer of the agency or his equivalent functionary to prepare a register or compilation of those decisions or final orders for use by the public.

Section 17. Licensing Procedure. -

(1) When the grant, renewal, denial or cancellation of a license is required to be preceded

by notice and hearing, the provisions concerning contested cases shall apply insofar as practicable.

(2) Except in cases of willful violation of pertinent laws, rules and regulations or when public security, health, or safety require otherwise, no license may be withdrawn, suspended, revoked or annulled without notice and hearing.

Section 18. Non-expiration of License. - Where the licensee has made timely and sufficient application

for the renewal of a license with reference to any activity of a continuing nature, the existing license shall not expire until the application shall have been finally determined by the agency.

Section 19. Appeal. - Unless otherwise provided by law or executive order, an appeal from a final decision of the agency may be taken to the Department head.

Section 20. Perfection of Administrative Appeals. -

(1) Administrative appeals under this Chapter shall be perfected within fifteen (15) days

after receipt of a copy of the decision complained of by the party adversely affected, by

filing with the agency which adjudicated the case a notice of appeal, serving copies thereof

upon the prevailing party and the appellate agency, and paying the required fees.


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(2) If a motion for reconsideration is denied, the movant shall have the right to perfect his appeal during the remainder of the period for appeal, reckoned from receipt of the resolution

of denial. If the decision is reversed on reconsideration, the aggrieved party shall have fifteen (15) days from receipt of the resolution of reversal within which to perfect his appeal.

(3) The agency shall, upon perfection of the appeal, transmit the records of the case to the appellate agency.

Section 21. Effect of Appeal. - The appeal shall stay the decision appealed from unless otherwise

provided by law, or the appellate agency directs execution pending appeal, as it may deem just,

considering the nature and circumstances of the case.

Section 22. Action on Appeal. - The appellate agency shall review the records of the proceedings and may, on its own initiative or upon motion, receive additional evidence.

Section 23. Finality of Decision of Appellate Agency. - In any contested case, the decision of the appellate agency shall become final and executory fifteen (15) days after the receipt by the parties of a copy thereof.

Section 24. Hearing Officers. -

(1) Each agency shall have such number of qualified and competent members of the base as hearing officers as may be necessary for the hearing and adjudication of contested cases.

(2) No hearing officer shall engaged in the performance of prosecuting functions in any contested case or any factually related case.

FORM number 022/043 (Regulation – Contingent Regulation – Broadcast) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




Dimension /

Indicator /

Variable



identification


In force since

Format: dd/mm/yyyy

(Use n/a if not

applicable)

Adopted by

whom

(Use n/a if not

applicable)

Legal basis content


Regulation

/


In force since:

02/02/1987

Congress of the

Philippines

ARTICLE XII


of 194


/

Broadcast


Section 6. The use of property bears a social function, and all economic agents shall contribute to the

common good. Individuals and private groups, including corporations, cooperatives, and similar collective organizations, shall have the right to own, establish, and operate economic enterprises,


ARTICLE XVI

GENERAL PROVISIONS


Section 11.

2. The ownership and management of mass media shall be limited to citizens of the

Philippines, or to corporations, cooperatives or associations, wholly-owned and managed by such citizens.

The Congress shall regulate or prohibit monopolies in commercial mass media when the public interest so requires. No combinations in restraint of trade or unfair competition therein shall be allowed.

Regulation

/


/

Broadcast

The Consumer Act of the Philippines – Republic Act No. 7394

In force since:

13/04/1992

Congress of the

Philippines





[...]

Article 17. Powers, functions and duties. – In addition to their powers, functions and duties under

existing laws, the concerned department shall have the following powers, functions and duties:


of 194












[...]



during or after the transaction. An act or practice shall be deemed deceptive whenever the producer, manufacturer, supplier or seller, through concealment, false representation of fraudulent manipulation,

induces a consumer to enter into a sales or lease transaction of any consumer product or service.

Without limiting the scope of the above paragraph, the act or practice of a seller or supplier is deceptive when it represents that:





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[...]

Article 99. Liability for Defective Services. – The service supplier is liable for redress, independently of fault, for damages caused to consumers by defects relating to the rendering of the services, as well as for insufficient or inadequate information on the fruition and hazards thereof.










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[...]


imperfections that render the services improper for consumption or decrease their value, and for those resulting from inconsistency with the information contained in the offer or advertisement, the consumer being entitled to demand alternatively at his option:


b) the immediate reimbursement of the amount paid, with monetary updating without

prejudice to losses and damages, if any;




Regulation

/


/

Broadcast


In force since:

25/07/1987

President of the

Philippines

BOOK IV


[...]

CHAPTER 13

CONTRACTS


or contract conveying the title to real estate or to any other property the value of which does not exceed fifty million pesos (P50,000,000) awarded through public bidding, and five million pesos (P5,000,000)

awarded through negotiation, shall be executed and signed by the respective Secretary on behalf of the

Government of the Philippines. Where the value of the property exceeds the aforesaid ceilings, such deed, instrument or contract shall be executed and signed by the President of the Philippines on behalf of the Government.

[...]

Section 61. Delegation of Authority to Governing Boards of Government Corporations. - The Secretaries are authorized to delegate to the governing boards of government-owned or controlled


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corporations which are attached to or are under the administrative supervision of their respective departments, the authority to approve contracts for infrastructure projects entered into by said

corporations involving amounts which are beyond the ceiling provided for government corporations

under Section 57 hereof but which are within the approving authority of the Secretaries under the said Section. In the case of government corporations which are attached to or under the Office of the President, the delegation shall be made by the Executive Secretary.

Section 62. Public Bidding of Contracts; Exceptions. - As a general rule, contracts for infrastructure

projects shall be awarded after open public bidding to bidders who submit the lowest

responsive/evaluated bids. Open Public Bidding shall be conducted among prequalified contractors in accordance with laws, rules and regulations not inconsistent with the provisions of this Chapter. The

award of such contracts through negotiations shall only be allowed by the Secretary or Governing


a. In times of emergencies arising from natural calamities where immediate action is necessary to prevent imminent loss of life or property, in which case, direct negotiation or simplified bidding may be undertaken;


c. Where the construction project covered by the contract is adjacent or contiguous to an

on-going project and it could be economically prosecuted by the same contractor, in which

case, direct negotiation may be undertaken with the said contractor at the same unit prices and contract conditions, less mobilization costs, provided that he has no negative slippage



covering projects under the Community Employment and Development Program of the government shall be awarded through open public bidding: Provided, That the invitation to bid for the said projects

shall be advertised at least once within one week in a newspaper of local circulation within the province


office, and through other forms of media, such as radio and television: Provided, further, That the

deadline for submission of bids for projects costing not more than P1 million each may be shortened


[...]


contracts which are not within the coverage of this Chapter shall, in the absence of a special provision, be executed with the approval of the Secretary or by the head of the bureau or office having control of

the appropriation against which the contract would create a charge. Such contracts shall be processed and approved in accordance with existing laws, rules and regulations.


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BOOK VII


Section 1. Scope. - This Book shall be applicable to all agencies as defined in the next succeeding

section, except the Congress, the Judiciary, the Constitutional Commissions, military establishments


[...]






(2) The parties shall be given opportunity to present evidence and argument on all issues. If not precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement or default.





is not readily available. Upon request, the parties shall be given opportunity to compare the copy with the original. If the original is in the official custody of a public officer, a certified copy thereof may be accepted.


(4) The agency may take notice of judicially cognizable facts and of generally cognizable

technical or scientific facts within its specialized knowledge. The parties shall be notified

and afforded an opportunity to contest the facts so noticed.


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Section 13. Subpoena. - In any contested case, the agency shall have the power to require the attendance of witnesses or the production of books, papers, documents and other pertinent data, upon


provided by law, the agency may, in case of disobedience, invoke the aid of the Regional Trial Court within whose jurisdiction the contested case being heard falls. The Court may punish contumacy or refusal as contempt.

Section 14. Decision. - Every decision rendered by the agency in a contested case shall be in writing

and shall state clearly and distinctly the facts and the law on which it is based. The agency shall decide

each case within thirty (30) days following its submission. The parties shall be notified of the decision personally or by registered mail addressed to their counsel of record, if any, or to them.

Section 15. Finality of Order. - The decision of the agency shall become final and executory fifteen (15) days after the receipt of a copy thereof by the party adversely affected unless within that period






(1) When the grant, renewal, denial or cancellation of a license is required to be preceded by notice and hearing, the provisions concerning contested cases shall apply insofar as practicable.

(2) Except in cases of willful violation of pertinent laws, rules and regulations or when

public security, health, or safety require otherwise, no license may be withdrawn, suspended, revoked or annulled without notice and hearing.






after receipt of a copy of the decision complained of by the party adversely affected, by


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filing with the agency which adjudicated the case a notice of appeal, serving copies thereof upon the prevailing party and the appellate agency, and paying the required fees.

(2) If a motion for reconsideration is denied, the movant shall have the right to perfect his appeal during the remainder of the period for appeal, reckoned from receipt of the resolution



Section 21. Effect of Appeal. - The appeal shall stay the decision appealed from unless otherwise

provided by law, or the appellate agency directs execution pending appeal, as it may deem just, considering the nature and circumstances of the case.


Section 23. Finality of Decision of Appellate Agency. - In any contested case, the decision of the appellate agency shall become final and executory fifteen (15) days after the receipt by the parties of a copy thereof.




FORM number 023/043 (Regulation – Contingent Regulation – Broadband) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




Dimension /

Indicator /

Variable



identification

In force since

Format: dd/mm/yyyy

(Use n/a if not

applicable)

Adopted by

whom

(Use n/a if not

applicable)

Legal basis content



of 194


Regulation

/


/

Broadband


In force since:

02/02/1987

Congress of the

Philippines

ARTICLE XII



common good. Individuals and private groups, including corporations, cooperatives, and similar

collective organizations, shall have the right to own, establish, and operate economic enterprises, subject to the duty of the State to promote distributive justice and to intervene when the common good so demands.

ARTICLE XVI

GENERAL PROVISIONS


Section 11.



The Congress shall regulate or prohibit monopolies in commercial mass media when the

public interest so requires. No combinations in restraint of trade or unfair competition therein shall be allowed.

Regulation

/


/

Broadband


In force since:

13/04/1992

Congress of the

Philippines





[...]


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[...]



during or after the transaction. An act or practice shall be deemed deceptive whenever the producer, manufacturer, supplier or seller, through concealment, false representation of fraudulent manipulation, induces a consumer to enter into a sales or lease transaction of any consumer product or service.

Without limiting the scope of the above paragraph, the act or practice of a seller or supplier is deceptive when it represents that:




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f) a consumer product or service can be supplied in a quantity greater than the supplier

intends;






[...]

Article 99. Liability for Defective Services. – The service supplier is liable for redress, independently of fault, for damages caused to consumers by defects relating to the rendering of the services, as well as for insufficient or inadequate information on the fruition and hazards thereof.









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[...]








Improper services are those which prove to be inadequate for purposes reasonably expected of them

and those that fail to meet the provisions of this Act regulating service rendering.

Regulation

/


/

Broadband


In force since:

25/07/1987

President of the

Philippines

BOOK IV


[...]

CHAPTER 13

CONTRACTS



fifty million pesos (P50,000,000) awarded through public bidding, and five million pesos (P5,000,000) awarded through negotiation, shall be executed and signed by the respective Secretary on behalf of the

Government of the Philippines. Where the value of the property exceeds the aforesaid ceilings, such


[...]


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Section 61. Delegation of Authority to Governing Boards of Government Corporations. - The Secretaries are authorized to delegate to the governing boards of government-owned or controlled

corporations which are attached to or are under the administrative supervision of their respective

departments, the authority to approve contracts for infrastructure projects entered into by said corporations involving amounts which are beyond the ceiling provided for government corporations

under Section 57 hereof but which are within the approving authority of the Secretaries under the said

Section. In the case of government corporations which are attached to or under the Office of the President, the delegation shall be made by the Executive Secretary.

Section 62. Public Bidding of Contracts; Exceptions. - As a general rule, contracts for infrastructure projects shall be awarded after open public bidding to bidders who submit the lowest

responsive/evaluated bids. Open Public Bidding shall be conducted among prequalified contractors in

accordance with laws, rules and regulations not inconsistent with the provisions of this Chapter. The award of such contracts through negotiations shall only be allowed by the Secretary or Governing


a. In times of emergencies arising from natural calamities where immediate action is

necessary to prevent imminent loss of life or property, in which case, direct negotiation or simplified bidding may be undertaken;

b. Failure to award the contract after competitive public bidding for valid cause or causes,

in which case, simplified bidding may be undertaken; and

c. Where the construction project covered by the contract is adjacent or contiguous to an on-going project and it could be economically prosecuted by the same contractor, in which

case, direct negotiation may be undertaken with the said contractor at the same unit prices

and contract conditions, less mobilization costs, provided that he has no negative slippage and has demonstrated a satisfactory performance. Otherwise, the contract shall be awarded through public bidding.


covering projects under the Community Employment and Development Program of the government

shall be awarded through open public bidding: Provided, That the invitation to bid for the said projects



office, and through other forms of media, such as radio and television: Provided, further, That the deadline for submission of bids for projects costing not more than P1 million each may be shortened


[...]


contracts which are not within the coverage of this Chapter shall, in the absence of a special provision,

be executed with the approval of the Secretary or by the head of the bureau or office having control of


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BOOK VII


Section 1. Scope. - This Book shall be applicable to all agencies as defined in the next succeeding

section, except the Congress, the Judiciary, the Constitutional Commissions, military establishments

in all matters relating exclusively to Armed Forces personnel, the Board of Pardons and Parole, and

state universities and colleges.

[...]






(2) The parties shall be given opportunity to present evidence and argument on all issues. If not precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement or default.





is not readily available. Upon request, the parties shall be given opportunity to compare the copy with the original. If the original is in the official custody of a public officer, a certified copy thereof may be accepted.



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request of any party before or during the hearing upon showing of general relevance. Unless otherwise provided by law, the agency may, in case of disobedience, invoke the aid of the Regional Trial Court



and shall state clearly and distinctly the facts and the law on which it is based. The agency shall decide each case within thirty (30) days following its submission. The parties shall be notified of the decision personally or by registered mail addressed to their counsel of record, if any, or to them.












Section 18. Non-expiration of License. - Where the licensee has made timely and sufficient application for the renewal of a license with reference to any activity of a continuing nature, the existing license shall not expire until the application shall have been finally determined by the agency.



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after receipt of a copy of the decision complained of by the party adversely affected, by filing with the agency which adjudicated the case a notice of appeal, serving copies thereof upon the prevailing party and the appellate agency, and paying the required fees.

(2) If a motion for reconsideration is denied, the movant shall have the right to perfect his

appeal during the remainder of the period for appeal, reckoned from receipt of the resolution

of denial. If the decision is reversed on reconsideration, the aggrieved party shall have

fifteen (15) days from receipt of the resolution of reversal within which to perfect his appeal.


Section 21. Effect of Appeal. - The appeal shall stay the decision appealed from unless otherwise provided by law, or the appellate agency directs execution pending appeal, as it may deem just, considering the nature and circumstances of the case.


Section 23. Finality of Decision of Appellate Agency. - In any contested case, the decision of the

appellate agency shall become final and executory fifteen (15) days after the receipt by the parties of a copy thereof.



(2) No hearing officer shall engaged in the performance of prosecuting functions in any

contested case or any factually related case.

FORM number 024/043 (Regulation – Contingent Regulation – e-Commerce) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)





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Dimension /

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Variable



identification


In force since

Format: dd/mm/yyyy

(Use n/a if not

applicable)

Adopted by

whom

(Use n/a if not

applicable)

Legal basis content


Regulation

/


/

e-Commerce


In force since:

02/02/1987

Congress of the

Philippines

ARTICLE XII



common good. Individuals and private groups, including corporations, cooperatives, and similar collective organizations, shall have the right to own, establish, and operate economic enterprises,


ARTICLE XVI

GENERAL PROVISIONS

Section 9. The State shall protect consumers from trade malpractices and from substandard or

hazardous products.

Section 11.



The Congress shall regulate or prohibit monopolies in commercial mass media when the public interest so requires. No combinations in restraint of trade or unfair competition therein shall be allowed.

Regulation

/


/

e-Commerce


In force since:

13/04/1992

Congress of the

Philippines





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[...]



b) to undertake researches, develop and establish quality and safety standards for consumer

products in coordination with other government and private agencies closely associated with these products;


d) to levy, assess, collect and retain fees as are necessary to cover the cost of inspection, certification, analysis and tests of samples of consumer products and materials submitted in compliance with the provisions of this Article;



f) to accredit independent, competent non-government bodies, to assist in (1) monitoring

the market for the presence of hazardous or non-certified products and other forms of violations of Article 18; and (2) other appropriate means to expand the monitoring and



[...]

Article 50. Prohibition Against Deceptive Sales Acts or Practices. – A deceptive act or practice by a seller or supplier in connection with a consumer transaction violates this Act whether it occurs before,

during or after the transaction. An act or practice shall be deemed deceptive whenever the producer,

manufacturer, supplier or seller, through concealment, false representation of fraudulent manipulation, induces a consumer to enter into a sales or lease transaction of any consumer product or service.

Without limiting the scope of the above paragraph, the act or practice of a seller or supplier is deceptive

when it represents that:


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d) a consumer product or service is available to the consumer for a reason that is different

from the fact;








[...]

Article 99. Liability for Defective Services. – The service supplier is liable for redress, independently

of fault, for damages caused to consumers by defects relating to the rendering of the services, as well as for insufficient or inadequate information on the fruition and hazards thereof.






of 194





[...]









Regulation

/


/

e-Commerce


In force since:

25/07/1987

President of the

Philippines

BOOK IV


[...]

CHAPTER 13

CONTRACTS



fifty million pesos (P50,000,000) awarded through public bidding, and five million pesos (P5,000,000)


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awarded through negotiation, shall be executed and signed by the respective Secretary on behalf of the Government of the Philippines. Where the value of the property exceeds the aforesaid ceilings, such


[...]

Section 61. Delegation of Authority to Governing Boards of Government Corporations. - The

Secretaries are authorized to delegate to the governing boards of government-owned or controlled

corporations which are attached to or are under the administrative supervision of their respective

departments, the authority to approve contracts for infrastructure projects entered into by said

corporations involving amounts which are beyond the ceiling provided for government corporations

under Section 57 hereof but which are within the approving authority of the Secretaries under the said Section. In the case of government corporations which are attached to or under the Office of the President, the delegation shall be made by the Executive Secretary.

Section 62. Public Bidding of Contracts; Exceptions. - As a general rule, contracts for infrastructure

projects shall be awarded after open public bidding to bidders who submit the lowest

responsive/evaluated bids. Open Public Bidding shall be conducted among prequalified contractors in accordance with laws, rules and regulations not inconsistent with the provisions of this Chapter. The

award of such contracts through negotiations shall only be allowed by the Secretary or Governing

Board of the Corporation concerned within the limits as stated in Section 57 hereof in the following

cases:

a. In times of emergencies arising from natural calamities where immediate action is necessary to prevent imminent loss of life or property, in which case, direct negotiation or simplified bidding may be undertaken;


c. Where the construction project covered by the contract is adjacent or contiguous to an

on-going project and it could be economically prosecuted by the same contractor, in which

case, direct negotiation may be undertaken with the said contractor at the same unit prices and contract conditions, less mobilization costs, provided that he has no negative slippage



covering projects under the Community Employment and Development Program of the government shall be awarded through open public bidding: Provided, That the invitation to bid for the said projects


where the project is situated, through posting of notices in the premises of the municipal/provincial office, and through other forms of media, such as radio and television: Provided, further, That the

deadline for submission of bids for projects costing not more than P1 million each may be shortened



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[...]


contracts which are not within the coverage of this Chapter shall, in the absence of a special provision, be executed with the approval of the Secretary or by the head of the bureau or office having control of


BOOK VII


Section 1. Scope. - This Book shall be applicable to all agencies as defined in the next succeeding section, except the Congress, the Judiciary, the Constitutional Commissions, military establishments


[...]


conflicting rights or claims and obviate expensive litigations, every agency shall, in the public interest,

encourage amicable settlement, comprise and arbitration.




(2) The parties shall be given opportunity to present evidence and argument on all issues.

If not precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement or default.





is not readily available. Upon request, the parties shall be given opportunity to compare the

copy with the original. If the original is in the official custody of a public officer, a certified copy thereof may be accepted.


of 194






provided by law, the agency may, in case of disobedience, invoke the aid of the Regional Trial Court



and shall state clearly and distinctly the facts and the law on which it is based. The agency shall decide each case within thirty (30) days following its submission. The parties shall be notified of the decision personally or by registered mail addressed to their counsel of record, if any, or to them.



an administrative appeal or judicial review, if proper, has been perfected. One motion for

reconsideration may be filed, which shall suspend the running of the said period.












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after receipt of a copy of the decision complained of by the party adversely affected, by filing with the agency which adjudicated the case a notice of appeal, serving copies thereof upon the prevailing party and the appellate agency, and paying the required fees.

(2) If a motion for reconsideration is denied, the movant shall have the right to perfect his

appeal during the remainder of the period for appeal, reckoned from receipt of the resolution



Section 21. Effect of Appeal. - The appeal shall stay the decision appealed from unless otherwise provided by law, or the appellate agency directs execution pending appeal, as it may deem just, considering the nature and circumstances of the case.


Section 23. Finality of Decision of Appellate Agency. - In any contested case, the decision of the

appellate agency shall become final and executory fifteen (15) days after the receipt by the parties of a copy thereof.


(1) Each agency shall have such number of qualified and competent members of the base

as hearing officers as may be necessary for the hearing and adjudication of contested cases.


FORM number 025/043 (Adjudication – Public Law Jurisdiction – Telecommunications) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)


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Dimension /

Indicator /

Variable



identification


In force since

Format: dd/mm/yyyy

(Use n/a if not

applicable)

Adopted by whom


Legal basis content


Adjudication

/

Public Law

Jurisdiction

/

Telecommunications


24/02/1993

President of the

Philippines

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.'"

Adjudication

/

Public Law

Jurisdiction

/

Telecommunications


In force since:

02/02/1987

Congress of the

Philippines

ARTICLE II

DECLARATION OF PRINCIPLES AND STATE POLICIES PRINCIPLES

Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the

people and all government authority emanates from them.

Section 25. The State shall ensure the autonomy of local governments.

ARTICLE VIII

JUDICIAL DEPARTMENT

Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.

Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has

been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government.

ARTICLE X

LOCAL GOVERNMENT


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GENERAL PROVISIONS

Section 1. The territorial and political subdivisions of the Republic of the Philippines are the

provinces, cities, municipalities, and barangays. There shall be autonomous regions in Muslim Mindanao and the Cordilleras as hereinafter provided.

Section 2. The territorial and political subdivisions shall enjoy local autonomy.

Section 3. The Congress shall enact a local government code which shall provide for a more

responsive and accountable local government structure instituted through a system of

decentralization with effective mechanisms of recall, initiative, and referendum, allocate among

the different local government units their powers, responsibilities, and resources, and provide for

the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization and operation of the local units.

Section 4. The President of the Philippines shall exercise general supervision over local

governments. Provinces with respect to component cities and municipalities, and cities and

municipalities with respect to component barangays, shall ensure that the acts of their component units are within the scope of their prescribed powers and functions.

AUTONOMOUS REGIONS

Section 15. There shall be created autonomous regions in Muslim Mindanao and in the

Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and

other relevant characteristics within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines.

Section 16. The President shall exercise general supervision over autonomous regions to ensure that laws are faithfully executed.

Section 17. All powers, functions, and responsibilities not granted by this Constitution or by law to the autonomous regions shall be vested in the National Government.

[...]

Section 20. Within its territorial jurisdiction and subject to the provisions of this Constitution

and national laws, the organic act of autonomous regions shall provide for legislative powers

over:

1. Administrative organization;

2. Creation of sources of revenues;

3. Ancestral domain and natural resources;

4. Personal, family, and property relations;

5. Regional urban and rural planning development; 6. Economic, social, and tourism development;


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7. Educational policies; 8. Preservation and development of the cultural heritage; and

9. Such other matters as may be authorized by law for the promotion of the general welfare of the people of the region.

Adjudication

/

Public Law

Jurisdiction

/

Telecommunications


In force since:

25/07/1987

President of the

Philippines

BOOK VII


Section 25. Judicial Review. -

(1) Agency decisions shall be subject to judicial review in accordance with this chapter and applicable laws.

(2) Any party aggrieved or adversely affected by an agency decision may seek judicial review.

(3) The action for judicial review may be brought against the agency, or its officers, and all indispensable and necessary parties as defined in the Rules of Court.

(4) Appeal from an agency decision shall be perfected by filing with the agency within fifteen (15) days from receipt of a copy thereof a notice of appeal, and with

the reviewing court a petition for review of the order. Copies of the petition shall be

served upon the agency and all parties of record. The petition shall contain a concise statement of the issues involved and the grounds relied upon for the review, and shall

be accompanied with a true copy of the order appealed from, together with copies of

such material portions of the records as are referred to therein and other supporting papers. The petition shall be under oath and shall how, by stating the specific material dates, that it was filed within the period fixed in this chapter.

(5) The petition for review shall be perfected within fifteen (15) days from receipt of

the final administrative decision. One (1) motion for reconsideration may be allowed.

If the motion is denied, the movant shall perfect his appeal during the remaining period for appeal reckoned from receipt of the resolution of denial. If the decision is

reversed on reconsideration, the appellant shall have fifteen (15) days from receipt of the resolution to perfect his appeal.

(6) The review proceeding shall be filed in the court specified by statute or, in the

absence thereof, in any court of competent jurisdiction in accordance with the provisions on venue of the Rules of Court.

(7) Review shall be made on the basis of the record taken as a whole. The findings of

fact of the agency when supported by substantial evidence shall be final except when specifically provided otherwise by law.


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Section 26. Transmittal of Record. - Within fifteen (15) days from the service of the petition for review, the agency shall transmit to the court the original or a certified copy of the entire records

of the proceeding under review. The record to be transmitted may be abridged by agreement of

all parties to the proceedings. The court may require or permit subsequent correction or additions to the record.

Adjudication

/

Public Law

Jurisdiction

/

Telecommunications


In force since:

10/10/1991

Congress of the

Philippines

Section 2. Declaration of Policy. -

(a) It is hereby declared the policy of the State that the territorial and political

subdivisions of the State shall enjoy genuine and meaningful local autonomy to

enable them to attain their fullest development as self-reliant communities and make

them more effective partners in the attainment of national goals. Toward this end, the State shall provide for a more responsive and accountable local government structure

instituted through a system of decentralization whereby local government units shall

be given more powers, authority, responsibilities, and resources. The process of decentralization shall proceed from the national government to the local government units.

(b) It is also the policy of the State to ensure the accountability of local government

units through the institution of effective mechanisms of recall, initiative and referendum.

(c) It is likewise the policy of the State to require all national agencies and offices to

conduct periodic consultations with appropriate local government units, nongovernmental and people's organizations, and other concerned sectors of the

community before any project or program is implemented in their respective jurisdictions.

Section 17. Basic Services and Facilities. -

(a) Local government units shall endeavor to be self-reliant and shall continue

exercising the powers and discharging the duties and functions currently vested upon

them. They shall also discharge the functions and responsibilities of national agencies and offices devolved to them pursuant to this Code. Local government units shall

likewise exercise such other powers and discharge such other functions and

responsibilities as are necessary, appropriate, or incidental to efficient and effective provisions of the basic services and facilities enumerated herein.

(b) Such basic services and facilities include, but are not limited to, the following:

(1) For Barangay:

(i) Agricultural support services which include planting

materials distribution system and operation of farm produce collection and buying stations;


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(ii) Health and social welfare services which include maintenance of barangay health center and day-care center;

(iii) Services and facilities related to general hygiene and sanitation, beautification, and solid waste collection;

(iv) Maintenance of katarungang pambarangay;

(v) Maintenance of barangay roads and bridges and water supply systems;

(vi) Infrastructure facilities such as multi-purpose hall,

multipurpose pavement, plaza, sports center, and other similar facilities;

(vii) Information and reading center; and

(viii) Satellite or public market, where viable;

(2) For a Municipality:

(i) Extension and on-site research services and facilities related to agriculture and fishery activities which include

dispersal of livestock and poultry, fingerlings, and other

seedling materials for aquaculture; palay, corn, and vegetable seed farms; medicinal plant gardens; fruit tree, coconut, and

other kinds of seedling nurseries; demonstration farms; quality

control of copra and improvement and development of local distribution channels, preferably through cooperatives;

interbarangay irrigation system; water and soil resource

utilization and conservation projects; and enforcement of fishery laws in municipal waters including the conservation of

mangroves;

(ii) Pursuant to national policies and subject to supervision,

control and review of the DENR, implementation of

community-based forestry projects which include integrated social forestry programs and similar projects; management and

control of communal forests with an area not exceeding fifty

(50) square kilometers; establishment of tree parks, greenbelts, and similar forest development projects;

(iii) Subject to the provisions of Title Five, Book I of this Code, health services which include the implementation of

programs and projects on primary health care, maternal and

child care, and communicable and non-communicable disease control services, access to secondary and tertiary health


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services; purchase of medicines, medical supplies, and equipment needed to carry out the services herein enumerated;

(iv) Social welfare services which include programs and projects on child and youth welfare, family and community

welfare, women's welfare, welfare of the elderly and disabled

persons; community-based rehabilitation programs for vagrants, beggars, street children, scavengers, juvenile

delinquents, and victims of drug abuse; livelihood and other

pro-poor projects; nutrition services; and family planning services;

(v) Information services which include investments and job placement information systems, tax and marketing information systems, and maintenance of a public library;

(vi) Solid waste disposal system or environmental

management system and services or facilities related to general hygiene and sanitation;

(vii) Municipal buildings, cultural centers, public parks

including freedom parks, playgrounds, and other sports

facilities and equipment, and other similar facilities;

(viii) Infrastructure facilities intended primarily to service the needs of the residents of the municipality and which are

funded out of municipal funds including but not limited to,

municipal roads and bridges; school buildings and other facilities for public elementary and secondary schools; clinics,

health centers and other health facilities necessary to carry out

health services; communal irrigation, small water impounding projects and other similar projects; fish ports; artesian wells,

spring development, rainwater collectors and water supply

systems; seawalls, dikes, drainage and sewerage, and flood

control; traffic signals and road signs; and similar facilities;

(ix) Public markets, slaughterhouses and other municipal enterprises;

(x) Public cemetery;

(xi) Tourism facilities and other tourist attractions, including

the acquisition of equipment, regulation and supervision of business concessions, and security services for such facilities; and


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(xii) Sites for police and fire stations and substations and municipal jail;

(3) For a Province:

(i) Agricultural extension and on-site research services and

facilities which include the prevention and control of plant and animal pests and diseases; dairy farms, livestock markets,

animal breeding stations, and artificial insemination centers;

and assistance in the organization of farmers and fishermen's

cooperatives, and other collective organizations, as well as the transfer of appropriate technology;

(ii) Industrial research and development services, as well as the transfer of appropriate technology;

(iii) Pursuant to national policies and subject to supervision,

control and review of the DENR, enforcement of forestry laws

limited to community-based forestry projects, pollution control law, small-scale mining law, and other laws on the

protection of the environment; and mini-hydroelectric projects for local purposes;

(iv) Subject to the provisions of Title Five, Book I of this Code,

health services which include hospitals and other tertiary health services;

(v) Social welfare services which include programs and projects on rebel returnees and evacuees; relief operations; and population development services;

(vi) Provincial buildings, provincial jails, freedom parks and other public assembly areas and similar facilities;

(vii) Infrastructure facilities intended to service the needs of

the residence of the province and which are funded out of

provincial funds including, but not limited to, provincial roads and bridges; inter-municipal waterworks, drainage and

sewerage, flood control, and irrigation systems; reclamation projects; and similar facilities;

(viii) Programs and projects for low-cost housing and other

mass dwellings, except those funded by the Social Security System (SSS), Government Service Insurance System p. 172

(GSIS), and the Home Development Mutual Fund (HDMF):

Provided, That national funds for these programs and projects


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shall be equitably allocated among the regions in proportion to the ratio of the homeless to the population;

(ix) Investment support services, including access to credit financing;

(x) Upgrading and modernization of tax information and collection services through the use of computer hardware and software and other means;

(xi) Inter-municipal telecommunications services, subject to national policy guidelines; and

(xii) Tourism development and promotion programs;

(4) For a City:

All the services and facilities of the municipality and province, and in addition thereto, the following:

(1) Adequate communication and transportation facilities;

(c) Notwithstanding the provisions of subsection (b) hereof, public works and

infrastructure projects and other facilities, programs and services funded by the

national government under the annual General Appropriations Act, other special laws, pertinent executive orders, and those wholly or partially funded from foreign

sources, are not covered under this Section, except in those cases where the local

government unit concerned is duly designated as the implementing agency for such projects, facilities, programs, and services.

(d) The designs, plans, specifications, testing of materials, and the procurement of equipment and materials at P170 from both foreign and local sources necessary for

the provision of the foregoing services and facilities shall be undertaken by the local government unit concerned, based on national policies, standards and guidelines.

(e) National agencies or offices concerned shall devolve to local government units

the responsibility for the provision of basic services and facilities enumerated in this Section within six (6) months after the effectivity of this Code.

As used in this Code, the term "devolution" refers to the act by which the national government confers power and authority upon the various local government units to perform specific functions and responsibilities.

(f) The national government or the next higher level of local government unit may

provide or augment the basic services and facilities assigned to a lower level of local


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government unit when such services or facilities are not made available or, if made available, are inadequate to meet the requirements of its inhabitants.

(g) The basic services and facilities hereinabove enumerated shall be funded from the share of local government units in the proceeds of national taxes and other local

revenues and funding support from the national government, its instrumentalities and

government-owned or controlled corporations which are tasked by law to establish and maintain such services or facilities. Any fund or resource available for the use of

local government units shall be first allocated for the provision of basic services or

facilities enumerated in subsection (b) hereof before applying the same for other purposes, unless otherwise provided in this Code.

(h) Regional offices of national agencies or offices whose functions are devolved to local government units as provided herein shall be phased out within one (1) year

from the approval of this Code. Said national agencies and offices may establish such

field units as may be necessary for monitoring purposes and providing technical assistance to local government units. The properties, equipment, and other assets of

these regional offices shall be distributed to the local government units in the region

in accordance with the rules and regulations issued by the oversight committee created under this Code.

(i) The devolution contemplated in this Code shall include the transfer to local

government units of the records, equipment, and other assets and personnel of

national agencies and offices corresponding to the devolved powers, functions, and responsibilities.

Personnel of said national agencies or offices shall be absorbed by the local

government units to which they belong or in whose areas they are assigned to the extent that it is administratively viable as determined by the said oversight committee:

Provided, That the rights accorded to such personnel pursuant to civil service law,

rules and regulations shall not be impaired: Provided, further, That regional directors who are career executive service officers and other officers of similar rank in the said

regional offices who cannot be absorbed by the local government unit shall be retained by the national government, without any diminution of rank, salary or tenure.

(j) To ensure the active participation of the private sector in local governance, local

government units may, by ordinance, sell, lease, encumber, or otherwise dispose of public economic enterprises owned by them in their proprietary capacity.

Costs may also be charged for the delivery of basic services or facilities enumerated in this Section.

[...]

Section 22. Corporate Powers. -


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(a) Every local government unit, as a corporation, shall have the following powers:

(1) To have continuous succession in its corporate name;

(2) To sue and be sued;

(3) To have and use a corporate seal;

(4) To acquire and convey real or personal property;

(5) To enter into contracts; and

(6) To exercise such other powers as are granted to corporations, subject to the limitations provided in this Code and other laws.

(b) Local government units may continue using, modify, or change their existing corporate seals: Provided, That newly established local government units or those

without corporate seals may create their own corporate seals which shall be registered

with the Department of the Interior and Local Government: Provided, further, That any change of corporate seal shall also be registered as provided hereon.

(c) Unless otherwise provided in this Code, no contract may be entered into by the local chief executive in behalf of the local government unit without prior

authorization by the sanggunian concerned. A legible copy of such contract shall be

posted at a conspicuous place in the provincial capitol or the city, municipal or barangay hall.

(d) Local government units shall enjoy full autonomy in the exercise of their proprietary functions and in the limitations provided in this Code and other applicable laws,

[...]

Section 25. National Supervision over Local Government Units. -

(a) Consistent with the basic policy on local autonomy, the President shall exercise

general supervision over local government units to ensure that their acts are within the scope of their prescribed powers and functions.

The President shall exercise supervisory authority directly over provinces, highly urbanized cities, and independent component cities; through the province with

respect to component cities and municipalities; and through the city and municipality

with respect to barangays.


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(b) National agencies and offices with project implementation functions shall coordinate with one another and with the local government units concerned in the

discharge of these functions. They shall ensure the participation of local government units both in the planning and implementation of said national projects.

(c) The President may, upon request of the local government unit concerned, direct

the appropriate national agency to provide financial, technical, or other forms of assistance to the local government unit. Such assistance shall be extended at no extra cost to the local government unit concerned.

(d) National agencies and offices including government-owned or controlled

corporations with field units or branches in a province, city, or municipality shall

furnish the local chief executive concerned, for his information and guidance, monthly reports including duly certified budgetary allocations and expenditures.

FORM number 026/043 (Adjudication – Public Law Jurisdiction – Broadcast) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




Dimension /

Indicator /

Variable



identification


In force since

Format: dd/mm/yyyy

(Use n/a if not

applicable)

Adopted by whom


Legal basis content


Adjudication

/

Public Law

Jurisdiction

/

Broadcast


Act No. 3846

In force since:

10/08/1963

Congress of the

Philippines

Section 3. The Secretary of Commerce and Communication is hereby empowered to regulate the establishment, use, and operation of all radio stations and of all forms of radio communications

and transmissions within the Philippine Islands and to issue such rules and regulations as may be necessary. In addition to the above, he shall have the following specific powers and duties:

(l) He may, at his discretion, bring criminal actions against violators of the radio law

or the regulations; or simply suspend or revoke the offender's station or operator's licenses; or refuse to renew such licenses; or just reprimand and warn the offenders;

Section 12. Any person who shall violate any mandatory or prohibitory provision of this Act, or any mandatory or prohibitory provision of the regulations prescribed by the Secretary of

Commerce and Communication under this Act, or any mandatory or prohibitory provision of the

International Radio Regulations, upon conviction thereof by a court of competent jurisdiction,

shall be punished by a fine of not more than three hundred pesos or by imprisonment for not more than three months, or both, for each and every offense.


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Adjudication

/

Public Law

Jurisdiction

/

Broadcast


In force since:

02/02/1987

Congress of the

Philippines

ARTICLE II


Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.


ARTICLE VIII

JUDICIAL DEPARTMENT




ARTICLE X

LOCAL GOVERNMENT

GENERAL PROVISIONS






decentralization with effective mechanisms of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities, and resources, and provide for

the qualifications, election, appointment and removal, term, salaries, powers and functions and


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duties of local officials, and all other matters relating to the organization and operation of the local units.

Section 4. The President of the Philippines shall exercise general supervision over local governments. Provinces with respect to component cities and municipalities, and cities and


AUTONOMOUS REGIONS


Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing

common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines.



[...]

Section 20. Within its territorial jurisdiction and subject to the provisions of this Constitution and national laws, the organic act of autonomous regions shall provide for legislative powers

over:



12. Ancestral domain and natural resources; 13. Personal, family, and property relations;

14. Regional urban and rural planning development;

15. Economic, social, and tourism development; 16. Educational policies;

17. Preservation and development of the cultural heritage; and


Adjudication

/

Public Law

Jurisdiction


In force since:

25/07/1987

President of the

Philippines

BOOK VII




of 194

/

Broadcast




(4) Appeal from an agency decision shall be perfected by filing with the agency within

fifteen (15) days from receipt of a copy thereof a notice of appeal, and with the

reviewing court a petition for review of the order. Copies of the petition shall be






If the motion is denied, the movant shall perfect his appeal during the remaining

period for appeal reckoned from receipt of the resolution of denial. If the decision is




(7) Review shall be made on the basis of the record taken as a whole. The findings of fact of the agency when supported by substantial evidence shall be final except when specifically provided otherwise by law.

Section 26. Transmittal of Record. - Within fifteen (15) days from the service of the petition for

review, the agency shall transmit to the court the original or a certified copy of the entire records

of the proceeding under review. The record to be transmitted may be abridged by agreement of all parties to the proceedings. The court may require or permit subsequent correction or additions to the record.

Adjudication

/

Public Law

Jurisdiction


In force since:

10/10/1991

Congress of the

Philippines




enable them to attain their fullest development as self-reliant communities and make them more effective partners in the attainment of national goals. Toward this end, the


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/

Broadcast

State shall provide for a more responsive and accountable local government structure instituted through a system of decentralization whereby local government units shall

be given more powers, authority, responsibilities, and resources. The process of

decentralization shall proceed from the national government to the local government units.

(b) It is also the policy of the State to ensure the accountability of local government units through the institution of effective mechanisms of recall, initiative and referendum.


conduct periodic consultations with appropriate local government units,

nongovernmental and people's organizations, and other concerned sectors of the community before any project or program is implemented in their respective jurisdictions.


(a) Local government units shall endeavor to be self-reliant and shall continue exercising the powers and discharging the duties and functions currently vested upon

them. They shall also discharge the functions and responsibilities of national agencies

and offices devolved to them pursuant to this Code. Local government units shall




(1) For Barangay:

(i) Agricultural support services which include planting materials distribution system and operation of farm produce collection and buying stations;




(v) Maintenance of barangay roads and bridges and water

supply systems;


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(vi) Infrastructure facilities such as multi-purpose hall, multipurpose pavement, plaza, sports center, and other similar facilities;




(i) Extension and on-site research services and facilities related

to agriculture and fishery activities which include dispersal of

livestock and poultry, fingerlings, and other seedling materials for aquaculture; palay, corn, and vegetable seed farms;

medicinal plant gardens; fruit tree, coconut, and other kinds of

seedling nurseries; demonstration farms; quality control of copra and improvement and development of local distribution

channels, preferably through cooperatives; interbarangay

irrigation system; water and soil resource utilization and conservation projects; and enforcement of fishery laws in municipal waters including the conservation of mangroves;

(ii) Pursuant to national policies and subject to supervision,

control and review of the DENR, implementation of

community-based forestry projects which include integrated social forestry programs and similar projects; management and

control of communal forests with an area not exceeding fifty


(iii) Subject to the provisions of Title Five, Book I of this Code, health services which include the implementation of programs

and projects on primary health care, maternal and child care,

and communicable and non-communicable disease control services, access to secondary and tertiary health services;

purchase of medicines, medical supplies, and equipment needed to carry out the services herein enumerated;

(iv) Social welfare services which include programs and

projects on child and youth welfare, family and community welfare, women's welfare, welfare of the elderly and disabled

persons; community-based rehabilitation programs for

vagrants, beggars, street children, scavengers, juvenile delinquents, and victims of drug abuse; livelihood and other



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(viii) Infrastructure facilities intended primarily to service the needs of the residents of the municipality and which are funded

out of municipal funds including but not limited to, municipal

roads and bridges; school buildings and other facilities for public elementary and secondary schools; clinics, health

centers and other health facilities necessary to carry out health

services; communal irrigation, small water impounding projects and other similar projects; fish ports; artesian wells,









(3) For a Province:

(i) Agricultural extension and on-site research services and facilities which include the prevention and control of plant and

animal pests and diseases; dairy farms, livestock markets,

animal breeding stations, and artificial insemination centers; and assistance in the organization of farmers and fishermen's



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(iii) Pursuant to national policies and subject to supervision, control and review of the DENR, enforcement of forestry laws

limited to community-based forestry projects, pollution control

law, small-scale mining law, and other laws on the protection of the environment; and mini-hydroelectric projects for local purposes;



(v) Social welfare services which include programs and

projects on rebel returnees and evacuees; relief operations; and population development services;


(vii) Infrastructure facilities intended to service the needs of the residence of the province and which are funded out of

provincial funds including, but not limited to, provincial roads

and bridges; inter-municipal waterworks, drainage and sewerage, flood control, and irrigation systems; reclamation projects; and similar facilities;


mass dwellings, except those funded by the Social Security

System (SSS), Government Service Insurance System p. 172 (GSIS), and the Home Development Mutual Fund (HDMF):





(xi) Inter-municipal telecommunications services, subject to

national policy guidelines; and


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(4) For a City:



(c) Notwithstanding the provisions of subsection (b) hereof, public works and infrastructure projects and other facilities, programs and services funded by the

national government under the annual General Appropriations Act, other special laws,

pertinent executive orders, and those wholly or partially funded from foreign sources, are not covered under this Section, except in those cases where the local government

unit concerned is duly designated as the implementing agency for such projects, facilities, programs, and services.

(d) The designs, plans, specifications, testing of materials, and the procurement of

equipment and materials at P170 from both foreign and local sources necessary for the provision of the foregoing services and facilities shall be undertaken by the local government unit concerned, based on national policies, standards and guidelines.

(e) National agencies or offices concerned shall devolve to local government units the

responsibility for the provision of basic services and facilities enumerated in this Section within six (6) months after the effectivity of this Code.

As used in this Code, the term "devolution" refers to the act by which the national

government confers power and authority upon the various local government units to perform specific functions and responsibilities.

(f) The national government or the next higher level of local government unit may provide or augment the basic services and facilities assigned to a lower level of local


(g) The basic services and facilities hereinabove enumerated shall be funded from the

share of local government units in the proceeds of national taxes and other local revenues and funding support from the national government, its instrumentalities and

government-owned or controlled corporations which are tasked by law to establish

and maintain such services or facilities. Any fund or resource available for the use of local government units shall be first allocated for the provision of basic services or


(h) Regional offices of national agencies or offices whose functions are devolved to

local government units as provided herein shall be phased out within one (1) year from the approval of this Code. Said national agencies and offices may establish such


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(i) The devolution contemplated in this Code shall include the transfer to local government units of the records, equipment, and other assets and personnel of








government units may, by ordinance, sell, lease, encumber, or otherwise dispose of

public economic enterprises owned by them in their proprietary capacity.


[...]









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(c) Unless otherwise provided in this Code, no contract may be entered into by the

local chief executive in behalf of the local government unit without prior




[...]




The President shall exercise supervisory authority directly over provinces, highly urbanized cities, and independent component cities; through the province with respect

to component cities and municipalities; and through the city and municipality with respect to barangays.

(b) National agencies and offices with project implementation functions shall

coordinate with one another and with the local government units concerned in the discharge of these functions. They shall ensure the participation of local government units both in the planning and implementation of said national projects.


the appropriate national agency to provide financial, technical, or other forms of

assistance to the local government unit. Such assistance shall be extended at no extra cost to the local government unit concerned.

(d) National agencies and offices including government-owned or controlled corporations with field units or branches in a province, city, or municipality shall



of 194

FORM number 027/043 (Adjudication – Public Law Jurisdiction – Broadband) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




Dimension /

Indicator /

Variable



identification


In force since

Format: dd/mm/yyyy

(Use n/a if not

applicable)

Adopted by whom


Legal basis content


Adjudication

/

Public Law

Jurisdiction

/

Broadband


In force since:

02/02/1987

Congress of the

Philippines

ARTICLE II


Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people

and all government authority emanates from them.


ARTICLE VIII

JUDICIAL DEPARTMENT


Judicial power includes the duty of the courts of justice to settle actual controversies involving

rights which are legally demandable and enforceable, and to determine whether or not there has


ARTICLE X

LOCAL GOVERNMENT


of 194

GENERAL PROVISIONS






decentralization with effective mechanisms of recall, initiative, and referendum, allocate among

the different local government units their powers, responsibilities, and resources, and provide for

the qualifications, election, appointment and removal, term, salaries, powers and functions and duties of local officials, and all other matters relating to the organization and operation of the local units.

Section 4. The President of the Philippines shall exercise general supervision over local

governments. Provinces with respect to component cities and municipalities, and cities and


AUTONOMOUS REGIONS


Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing common and distinctive historical and cultural heritage, economic and social structures, and other

relevant characteristics within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines.



[...]



over:




22. Personal, family, and property relations;

23. Regional urban and rural planning development; 24. Economic, social, and tourism development;


of 194



Adjudication

/

Public Law

Jurisdiction

/

Broadbamd


In force since:

25/07/1987

President of the

Philippines

BOOK VII






(4) Appeal from an agency decision shall be perfected by filing with the agency within fifteen (15) days from receipt of a copy thereof a notice of appeal, and with the

reviewing court a petition for review of the order. Copies of the petition shall be






If the motion is denied, the movant shall perfect his appeal during the remaining period for appeal reckoned from receipt of the resolution of denial. If the decision is







of 194




Adjudication

/

Public Law

Jurisdiction

/

Broadband


In force since:

10/10/1991

Congress of the

Philippines














(a) Local government units shall endeavor to be self-reliant and shall continue

exercising the powers and discharging the duties and functions currently vested upon

them. They shall also discharge the functions and responsibilities of national agencies and offices devolved to them pursuant to this Code. Local government units shall




(1) For Barangay:

(i) Agricultural support services which include planting

materials distribution system and operation of farm produce collection and buying stations;


of 194





(vi) Infrastructure facilities such as multi-purpose hall,

multipurpose pavement, plaza, sports center, and other similar facilities;




(i) Extension and on-site research services and facilities related to agriculture and fishery activities which include dispersal of

livestock and poultry, fingerlings, and other seedling materials

for aquaculture; palay, corn, and vegetable seed farms; medicinal plant gardens; fruit tree, coconut, and other kinds of

seedling nurseries; demonstration farms; quality control of

copra and improvement and development of local distribution channels, preferably through cooperatives; interbarangay

irrigation system; water and soil resource utilization and

conservation projects; and enforcement of fishery laws in municipal waters including the conservation of mangroves;

(ii) Pursuant to national policies and subject to supervision, control and review of the DENR, implementation of

community-based forestry projects which include integrated

social forestry programs and similar projects; management and control of communal forests with an area not exceeding fifty


(iii) Subject to the provisions of Title Five, Book I of this Code,

health services which include the implementation of programs and projects on primary health care, maternal and child care,

and communicable and non-communicable disease control

services, access to secondary and tertiary health services;


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purchase of medicines, medical supplies, and equipment needed to carry out the services herein enumerated;

(iv) Social welfare services which include programs and projects on child and youth welfare, family and community


persons; community-based rehabilitation programs for vagrants, beggars, street children, scavengers, juvenile

delinquents, and victims of drug abuse; livelihood and other








(viii) Infrastructure facilities intended primarily to service the needs of the residents of the municipality and which are funded

out of municipal funds including but not limited to, municipal

roads and bridges; school buildings and other facilities for public elementary and secondary schools; clinics, health

centers and other health facilities necessary to carry out health

services; communal irrigation, small water impounding projects and other similar projects; fish ports; artesian wells,









of 194


(3) For a Province:

(i) Agricultural extension and on-site research services and

facilities which include the prevention and control of plant and animal pests and diseases; dairy farms, livestock markets,

animal breeding stations, and artificial insemination centers;

and assistance in the organization of farmers and fishermen's




control and review of the DENR, enforcement of forestry laws

limited to community-based forestry projects, pollution control law, small-scale mining law, and other laws on the protection

of the environment; and mini-hydroelectric projects for local purposes;



(v) Social welfare services which include programs and projects on rebel returnees and evacuees; relief operations; and population development services;


(vii) Infrastructure facilities intended to service the needs of

the residence of the province and which are funded out of

provincial funds including, but not limited to, provincial roads and bridges; inter-municipal waterworks, drainage and

sewerage, flood control, and irrigation systems; reclamation projects; and similar facilities;


mass dwellings, except those funded by the Social Security System (SSS), Government Service Insurance System p. 172

(GSIS), and the Home Development Mutual Fund (HDMF):



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(4) For a City:





national government under the annual General Appropriations Act, other special laws, pertinent executive orders, and those wholly or partially funded from foreign sources,

are not covered under this Section, except in those cases where the local government

unit concerned is duly designated as the implementing agency for such projects, facilities, programs, and services.



(e) National agencies or offices concerned shall devolve to local government units the

responsibility for the provision of basic services and facilities enumerated in this Section within six (6) months after the effectivity of this Code.

As used in this Code, the term "devolution" refers to the act by which the national government confers power and authority upon the various local government units to perform specific functions and responsibilities.


provide or augment the basic services and facilities assigned to a lower level of local


of 194


(g) The basic services and facilities hereinabove enumerated shall be funded from the share of local government units in the proceeds of national taxes and other local

revenues and funding support from the national government, its instrumentalities and

government-owned or controlled corporations which are tasked by law to establish and maintain such services or facilities. Any fund or resource available for the use of



(h) Regional offices of national agencies or offices whose functions are devolved to local government units as provided herein shall be phased out within one (1) year

from the approval of this Code. Said national agencies and offices may establish such













government units may, by ordinance, sell, lease, encumber, or otherwise dispose of public economic enterprises owned by them in their proprietary capacity.


[...]



of 194











(c) Unless otherwise provided in this Code, no contract may be entered into by the local chief executive in behalf of the local government unit without prior




[...]





to component cities and municipalities; and through the city and municipality with

respect to barangays.


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(b) National agencies and offices with project implementation functions shall coordinate with one another and with the local government units concerned in the

discharge of these functions. They shall ensure the participation of local government units both in the planning and implementation of said national projects.


the appropriate national agency to provide financial, technical, or other forms of assistance to the local government unit. Such assistance shall be extended at no extra cost to the local government unit concerned.

(d) National agencies and offices including government-owned or controlled

corporations with field units or branches in a province, city, or municipality shall


FORM number 028/043 (Adjudication – Public Law Jurisdiction – e-Commerce) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)


Category: (Centralized – Decentralized – Interdependent – Absent)


Dimension /

Indicator /

Variable



identification


In force since

Format: dd/mm/yyyy

(Use n/a if not

applicable)

Adopted by whom


Legal basis content


Adjudication

/

Public Law

Jurisdiction

/

e-Commerce


In force since:

02/02/1987

Congress of the

Philippines

ARTICLE II


Section 1. The Philippines is a democratic and republican State. Sovereignty resides in the people and all government authority emanates from them.


ARTICLE VIII

JUDICIAL DEPARTMENT


of 194




ARTICLE X

LOCAL GOVERNMENT

GENERAL PROVISIONS






decentralization with effective mechanisms of recall, initiative, and referendum, allocate among the different local government units their powers, responsibilities, and resources, and provide for

the qualifications, election, appointment and removal, term, salaries, powers and functions and

duties of local officials, and all other matters relating to the organization and operation of the local units.

Section 4. The President of the Philippines shall exercise general supervision over local governments. Provinces with respect to component cities and municipalities, and cities and


AUTONOMOUS REGIONS


Cordilleras consisting of provinces, cities, municipalities, and geographical areas sharing

common and distinctive historical and cultural heritage, economic and social structures, and other relevant characteristics within the framework of this Constitution and the national sovereignty as well as territorial integrity of the Republic of the Philippines.



of 194


[...]



over:




31. Personal, family, and property relations; 32. Regional urban and rural planning development;

33. Economic, social, and tourism development;



Adjudication

/

Public Law

Jurisdiction

/

e-Commerce


In force since:

25/07/1987

President of the

Philippines

BOOK VII






(4) Appeal from an agency decision shall be perfected by filing with the agency within fifteen (15) days from receipt of a copy thereof a notice of appeal, and with

the reviewing court a petition for review of the order. Copies of the petition shall be



such material portions of the records as are referred to therein and other supporting

papers. The petition shall be under oath and shall how, by stating the specific material dates, that it was filed within the period fixed in this chapter.


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(5) The petition for review shall be perfected within fifteen (15) days from receipt of the final administrative decision. One (1) motion for reconsideration may be allowed.

If the motion is denied, the movant shall perfect his appeal during the remaining

period for appeal reckoned from receipt of the resolution of denial. If the decision is reversed on reconsideration, the appellant shall have fifteen (15) days from receipt of the resolution to perfect his appeal.








Adjudication

/

Public Law

Jurisdiction

/

e-Commerce


In force since:

10/10/1991

Congress of the

Philippines


(a) It is hereby declared the policy of the State that the territorial and political subdivisions of the State shall enjoy genuine and meaningful local autonomy to












of 194

(a) Local government units shall endeavor to be self-reliant and shall continue exercising the powers and discharging the duties and functions currently vested upon

them. They shall also discharge the functions and responsibilities of national agencies

and offices devolved to them pursuant to this Code. Local government units shall likewise exercise such other powers and discharge such other functions and



(1) For Barangay:

(i) Agricultural support services which include planting materials distribution system and operation of farm produce collection and buying stations;





(vi) Infrastructure facilities such as multi-purpose hall, multipurpose pavement, plaza, sports center, and other similar facilities;




(i) Extension and on-site research services and facilities related

to agriculture and fishery activities which include dispersal of

livestock and poultry, fingerlings, and other seedling materials for aquaculture; palay, corn, and vegetable seed farms;

medicinal plant gardens; fruit tree, coconut, and other kinds of

seedling nurseries; demonstration farms; quality control of

copra and improvement and development of local distribution

channels, preferably through cooperatives; interbarangay

irrigation system; water and soil resource utilization and


of 194

conservation projects; and enforcement of fishery laws in municipal waters including the conservation of mangroves;

(ii) Pursuant to national policies and subject to supervision, control and review of the DENR, implementation of

community-based forestry projects which include integrated

social forestry programs and similar projects; management and control of communal forests with an area not exceeding fifty


(iii) Subject to the provisions of Title Five, Book I of this Code,

health services which include the implementation of programs and projects on primary health care, maternal and child care,

and communicable and non-communicable disease control

services, access to secondary and tertiary health services; purchase of medicines, medical supplies, and equipment needed to carry out the services herein enumerated;

(iv) Social welfare services which include programs and

projects on child and youth welfare, family and community


persons; community-based rehabilitation programs for

vagrants, beggars, street children, scavengers, juvenile

delinquents, and victims of drug abuse; livelihood and other pro-poor projects; nutrition services; and family planning services;

(v) Information services which include investments and job

placement information systems, tax and marketing information systems, and maintenance of a public library;


management system and services or facilities related to general

hygiene and sanitation;

(vii) Municipal buildings, cultural centers, public parks including freedom parks, playgrounds, and other sports facilities and equipment, and other similar facilities;

(viii) Infrastructure facilities intended primarily to service the

needs of the residents of the municipality and which are funded

out of municipal funds including but not limited to, municipal roads and bridges; school buildings and other facilities for

public elementary and secondary schools; clinics, health

centers and other health facilities necessary to carry out health services; communal irrigation, small water impounding

projects and other similar projects; fish ports; artesian wells,



of 194

systems; seawalls, dikes, drainage and sewerage, and flood control; traffic signals and road signs; and similar facilities;




the acquisition of equipment, regulation and supervision of

business concessions, and security services for such facilities; and


(3) For a Province:

(i) Agricultural extension and on-site research services and facilities which include the prevention and control of plant and

animal pests and diseases; dairy farms, livestock markets,

animal breeding stations, and artificial insemination centers; and assistance in the organization of farmers and fishermen's




control and review of the DENR, enforcement of forestry laws limited to community-based forestry projects, pollution

control law, small-scale mining law, and other laws on the

protection of the environment; and mini-hydroelectric projects for local purposes;

(iv) Subject to the provisions of Title Five, Book I of this Code, health services which include hospitals and other tertiary health services;

(v) Social welfare services which include programs and

projects on rebel returnees and evacuees; relief operations; and population development services;


of 194


(vii) Infrastructure facilities intended to service the needs of the residence of the province and which are funded out of

provincial funds including, but not limited to, provincial roads

and bridges; inter-municipal waterworks, drainage and sewerage, flood control, and irrigation systems; reclamation projects; and similar facilities;


mass dwellings, except those funded by the Social Security

System (SSS), Government Service Insurance System p. 172 (GSIS), and the Home Development Mutual Fund (HDMF):




(x) Upgrading and modernization of tax information and

collection services through the use of computer hardware and software and other means;



(4) For a City:





national government under the annual General Appropriations Act, other special laws, pertinent executive orders, and those wholly or partially funded from foreign

sources, are not covered under this Section, except in those cases where the local

government unit concerned is duly designated as the implementing agency for such projects, facilities, programs, and services.



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(e) National agencies or offices concerned shall devolve to local government units the responsibility for the provision of basic services and facilities enumerated in this Section within six (6) months after the effectivity of this Code.

As used in this Code, the term "devolution" refers to the act by which the national

government confers power and authority upon the various local government units to perform specific functions and responsibilities.


provide or augment the basic services and facilities assigned to a lower level of local government unit when such services or facilities are not made available or, if made available, are inadequate to meet the requirements of its inhabitants.

(g) The basic services and facilities hereinabove enumerated shall be funded from the

share of local government units in the proceeds of national taxes and other local

revenues and funding support from the national government, its instrumentalities and government-owned or controlled corporations which are tasked by law to establish

and maintain such services or facilities. Any fund or resource available for the use of



(h) Regional offices of national agencies or offices whose functions are devolved to

local government units as provided herein shall be phased out within one (1) year

from the approval of this Code. Said national agencies and offices may establish such field units as may be necessary for monitoring purposes and providing technical

assistance to local government units. The properties, equipment, and other assets of

these regional offices shall be distributed to the local government units in the region in accordance with the rules and regulations issued by the oversight committee created under this Code.




Personnel of said national agencies or offices shall be absorbed by the local government units to which they belong or in whose areas they are assigned to the

extent that it is administratively viable as determined by the said oversight committee:

Provided, That the rights accorded to such personnel pursuant to civil service law, rules and regulations shall not be impaired: Provided, further, That regional directors

who are career executive service officers and other officers of similar rank in the said



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(j) To ensure the active participation of the private sector in local governance, local government units may, by ordinance, sell, lease, encumber, or otherwise dispose of public economic enterprises owned by them in their proprietary capacity.


[...]









(b) Local government units may continue using, modify, or change their existing

corporate seals: Provided, That newly established local government units or those without corporate seals may create their own corporate seals which shall be registered


(c) Unless otherwise provided in this Code, no contract may be entered into by the

local chief executive in behalf of the local government unit without prior authorization by the sanggunian concerned. A legible copy of such contract shall be


(d) Local government units shall enjoy full autonomy in the exercise of their

proprietary functions and in the limitations provided in this Code and other applicable laws,

[...]


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to component cities and municipalities; and through the city and municipality with respect to barangays.

(b) National agencies and offices with project implementation functions shall

coordinate with one another and with the local government units concerned in the discharge of these functions. They shall ensure the participation of local government units both in the planning and implementation of said national projects.


the appropriate national agency to provide financial, technical, or other forms of

assistance to the local government unit. Such assistance shall be extended at no extra cost to the local government unit concerned.

(d) National agencies and offices including government-owned or controlled corporations with field units or branches in a province, city, or municipality shall


FORM number 029/043 (Adjudication – Private Law Jurisdiction – Telecommunications) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




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7394

In force since:

13/04/1992

Congress of the

Philippines

Article 166. Decision on Appeal. – The Secretary shall decide the appeal within thirty (30) days

from receipt thereof. The decision becomes final after fifteen (15) days from receipt thereof unless a petition for certiorari is filed with the proper court.


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Public Law

Jurisdiction

/

Telecommunications

FORM number 030/043 (Adjudication – Private Law Jurisdiction – Broadcast) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




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7394

In force since:

13/04/1992

Congress of the

Philippines


from receipt thereof. The decision becomes final after fifteen (15) days from receipt thereof

unless a petition for certiorari is filed with the proper court.

FORM number 031/043 (Adjudication – Private Law Jurisdiction – Broadband) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




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In force since:

13/04/1992

Congress of the

Philippines


from receipt thereof. The decision becomes final after fifteen (15) days from receipt thereof unless a petition for certiorari is filed with the proper court.


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Private Law

Jurisdiction

/

Broadband

FORM number 032/043 (Adjudication – Private Law Jurisdiction – e-Commerce) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)


Category:(Centralized – Decentralized – Interdependent – Absent)


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Jurisdiction

/

e-Commerce


7394

In force since:

13/04/1992

Congress of the

Philippines

Article 166. Decision on Appeal. – The Secretary shall decide the appeal within thirty (30) days from receipt thereof. The decision becomes final after fifteen (15) days from receipt thereof

unless a petition for certiorari is filed with the proper court.

FORM number 033/043 (Planning – National ICT Development Plans – Telecommunications) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)


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/

Public Telecommunications Policy Act – Republic Act No. 7925

In force since:

01/03/1995

Congress of the

Philippines

Section 4. Declaration of National Policy. - Telecommunications is essential to the economic

development, integrity and security of the Philippines, and as such shall be developed and administered

as to safeguard, enrich and strength the economic, cultural, social and political fabric of the Philippines.


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National ICT

Development Plans

/

Telecommunications

The growth and development of telecommunications services shall be pursued in accordance with the following policies:

(a) A fundamental objective of government is to develop and maintain a viable, efficient, reliable and universal telecommunication infrastructure using the best available and affordable technologies, as a vital tool to nation building and development;

(b) The expansion of the telecommunications network shall give priority to improving and

extending basic services to areas not yet served. For this purpose, government shall promote

a fair, efficient and responsive market to stimulate the growth and development of the

telecommunications facilities and services, with emphasis on the accessibility by persons to basic services in unserved and underserved areas at affordable rates;

(c) The radio frequency spectrum is a scarce public resource that shall be administered in

the public interest and in accordance with international agreements and conventions to

which the Philippines is a party and granted to the best qualified. The government shall allocate the spectrum to service providers who will use it efficiently and effectively to meet

public demand for telecommunications service and may avail of new and cost effective technologies in the use of methods for its utilization;

(d) Rates and tariff charges shall be fair, just and reasonable and for this purpose, the

regulatory body shall develop tariff structures based on socioeconomic factors and on

financial, technical and commercial criteria as measures to ensure a fair rate of return and as a tool to ensure economic and social development;

(e) Public telecommunications services shall be provided by private enterprises. The private sector shall be the engine of rapid and efficient growth in the telecommunications industry;

(f) A healthy competitive environment shall be fostered, one in which telecommunications

carriers are free to make business decisions and to interact with one another in providing

telecommunications services, with the end in view of encouraging their financial viability while maintaining affordable rates;

(g) A fair and reasonable interconnection of facilities of authorized public network operators and other providers of telecommunications services is necessary in order to achieve a viable, efficient, reliable and universal telecommunications services;

(h) The government shall give all the assistance and encouragement to Philippine

international carriers in order to establish interconnection with other countries so as to provide access to international communications highways on a competitive basis;

(i) For efficiency, practicability, and convenience, but with due regard to the observance of

due process at all times, regulation of telecommunications entities shall rely principally on an administrative process that is stable, transparent and fair, giving due emphasis to

technical, legal, economic and financial considerations;


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(j) No single franchise shall authorize an entity to engage in both telecommunications and broadcasting, either through the airwaves or by cable;

(k) Ownership of public telecommunications entities to as wide a number of people as possible, preferably to its customers, in order to encourage efficiency and public accountability and to tap personal savings shall be encouraged;

(l) The development of a domestic telecommunications manufacturing industry to meet the

needs of the Philippines and to take advantage of export opportunities shall be promoted without preventing, deterring or hampering the goal of full universal service; and

(m) Human resources skills and capabilities must be harnessed and improved to sustain the

growth and the development of telecommunications under a fast changing telecommunications environment.

Section 6. Responsibilities of and Limitations to Department Powers. - The Department of Transportation and Communications (Department) shall not exercise any power which will tend to influence or effect a review or a modification of the Commission's quasi-judicial functions.

In coordination with the Commission, however, the Department shall, in accordance with the policies enunciated in this Act, be responsible for:

(a) the development and maintenance of a long-term strategic national development plan

for telecommunications to serve as a guide to the industry and potential investors as well as to the Commission;

Section 21. Public Ownership. - In compliance with the Constitutional mandate to democratize

ownership of public utilities, all telecommunications entities with regulated types of services shall make a bona fide public offering through the stock exchanges of at least thirty percent (30%) of its

aggregate common stocks within a period of five (5) years from effectivity of this Act or the entity's

first start of commercial operations, whichever date is later. The public offering shall comply with the rules and regulations of the Securities and Exchange Commission.

Section 22. Privatization of Existing Facilities. - The Department shall, within three (3) years from effectivity of this Act, privatize all telecommunications facilities currently owned and/or operated by

the government for public use, plus those facilities currently being planned under various bilateral

funding arrangements. Unless otherwise authorized by law, privatization of telecommunications facilities as well as construction of telephone infrastructure shall be made through public bidding.

Section 23. Equality of Treatment in the Telecommunications Industry. - Any advantage, favor, privilege, exemption, or immunity granted under existing franchises, or may hereafter be granted, shall

ipso facto become part of previously granted telecommunications franchises and shall be accorded

immediately and unconditionally to the grantees of such franchises: Provided, however, That the foregoing shall neither apply to nor affect provisions of telecommunications franchises concerning

territory covered by the franchise, the life span of the franchise, or the type of service authorized by the franchise.


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Planning

/

National ICT

Development Plans

/

Telecommunications

Municipal Telephone Act of 1989 - Republic Act No. 6849

In force since:

08/02/1990

Congress of the

Philippines

Section 3. Projects Office. - For purposes of administering the provisions of this Act, there is hereby

created a Municipal Telephone Projects Office in the Department of Transportation and Communications (DOTC) with the following functions:

(a) Develop, in coordination with all other agencies concerned, a plan for providing public

calling stations with technology capable of voice and data transmission in every

municipality and, when feasible, in such barangay not otherwise served by an existing

telephone exchange using appropriate technology and for this purpose formulate or cause to be formulated, engineering studies;

Planning

/

National ICT

Development Plans

/

Telecommunications

Executive Order No. 109

In force since:

12/07/1993

President of the

Philippines

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 unserviced demand for telephones and (3) to provide healthy competition among authorized service providers.

Section 3. General Policy. The Government shall pursue the policy of democratization in the ownership and operation of telecommunication facilities and services.

Planning

/

National ICT

Development Plans

/

Telecommunications


23/07/1979

President of the

Philippines

Sec. 6. Creation of a Ministry of Transportation and Communications. There is hereby created a

Ministry of Transportation and Communications, hereinafter referred to as the Ministry, which 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 a dependable and coordinated network of transportation and communication systems in pursuance of the following objectives:

g. Encourage the development of a domestic telecommunications industry in coordination with the concerned entities, particularly the manufacture of communications/electronics

equipment and components to complement and support, as much as possible, the expansion,

development, operation and maintenance of the nationwide telecommunications network; and



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b. Formulate and recommend national policies and guidelines for the preparation and implementation of an integrated and comprehensive transportation and communications system at the national, regional and local levels;

c. Establish and administer comprehensive and integrated programs for transportation and

communications, and for this purpose, may call on any agency, corporation, or organization,

whether government or private, whose development programs include transportation and communications as an integral part to participate and assist in the preparation and implementation of such programs;

Planning

/

National ICT

Development Plans

/

Telecommunications

Constitution of the Republic of the

Philippines

In force since:

02/02/1987

Congress f the

Philippines

ARTICLE II


Section 4. The prime duty of the Government is to serve and protect the people. The Government may

call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service.

STATE POLICIES

Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and

independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all.

Section 10. The State shall promote social justice in all phases of national development.

Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and

development.

Section 24. The State recognizes the vital role of communication and information in nation-building.

ARTICLE III

BILL OF RIGHTS

Section 7. The right of the people to information on matters of public concern shall be recognized.

Access to official 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, shall be afforded the citizen, subject to such limitations as may be provided by law.


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ARTICLE XII


Section 1. The goals of the national economy are a more equitable distribution of opportunities,

income, and wealth; a sustained increase in the amount of goods and services produced by the nation

for the benefit of the people; and an expanding productivity as the key to raising the quality of life for all, especially the underprivileged.

The State shall promote industrialization and full employment based on sound agricultural

development and agrarian reform, through industries that make full of efficient use of human and

natural resources, and which are competitive in both domestic and foreign markets. However, the State shall protect Filipino enterprises against unfair foreign competition and trade practices.

In the pursuit of these goals, all sectors of the economy and all regions of the country shall be given

optimum opportunity to develop. Private enterprises, including corporations, cooperatives, and similar collective organizations, shall be encouraged to broaden the base of their ownership.

Section 9. The Congress may establish an independent economic and planning agency headed by the President, which shall, after consultations with the appropriate public agencies, various private sectors,

and local government units, recommend to Congress, and implement continuing integrated and

coordinated programs and policies for national development.

Until the Congress provides otherwise, the National Economic and Development Authority shall function as the independent planning agency of the government.

ARTICLE XVI

GENERAL PROVISIONS

Section 10. The State shall provide the policy environment for the full development of Filipino capability and the emergence of communication structures suitable to the needs and aspirations of the

nation and the balanced flow of information into, out of, and across the country, in accordance with a policy that respects the freedom of speech and of the press.


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FORM number 034/043 (Planning – National ICT Development Plans – Broadcast) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




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/

National ICT

Development Plans

/

Broadcast

Presidential Decree No. 1986 In force since: 05/10/1985

President of the

Philippines

Section 19. Annual Report. - The BOARD shall, within three months after the end of every fiscal year, submit its annual report to the President. The annual report shall include, among others, a statement of

the BOARD's accomplishments together with its plans and recommendations to improve and develop its operations and the supervision and regulation of the movie and television industry.

Regulation

/

National ICT

Development Plans

/

Broadcast


05/10/1985

President of the

Philippines

Section 17. Annual Reports. - The BOARD shall, within three months after the end of every fiscal year, submit its annual report to the President. The annual report shall include, among others, a statement of

the BOARD's accomplishments together with its plans and recommendations to improve and develop

its operations and the supervision and regulation of the videogram industry.

Planning

/

National ICT

Development Plans

/

Broadcast


Philippines

In force since:

02/02/1987

Congress f the

Philippines

ARTICLE II


Section 4. The prime duty of the Government is to serve and protect the people. The Government may

call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service.

STATE POLICIES

Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and

independence of the nation and free the people from poverty through policies that provide adequate

social services, promote full employment, a rising standard of living, and an improved quality of life for all.



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Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.


ARTICLE III

BILL OF RIGHTS




ARTICLE XII





The State shall promote industrialization and full employment based on sound agricultural development and agrarian reform, through industries that make full of efficient use of human and natural resources,

and which are competitive in both domestic and foreign markets. However, the State shall protect Filipino enterprises against unfair foreign competition and trade practices.




and local government units, recommend to Congress, and implement continuing integrated and coordinated programs and policies for national development.


ARTICLE XVI

GENERAL PROVISIONS


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FORM number 035/043 (Planning – National ICT Development Plans – Broadband) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




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/

Broadband


Philippines

In force since:

02/02/1987

Congress f the

Philippines

ARTICLE II


Section 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service.

STATE POLICIES

Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate



Section 17. The State shall give priority to education, science and technology, arts, culture, and sports

to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.


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ARTICLE III

BILL OF RIGHTS

Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or


ARTICLE XII


Section 1. The goals of the national economy are a more equitable distribution of opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by the nation


The State shall promote industrialization and full employment based on sound agricultural

development and agrarian reform, through industries that make full of efficient use of human and natural resources, and which are competitive in both domestic and foreign markets. However, the State shall protect Filipino enterprises against unfair foreign competition and trade practices.



Section 9. The Congress may establish an independent economic and planning agency headed by the

President, which shall, after consultations with the appropriate public agencies, various private sectors, and local government units, recommend to Congress, and implement continuing integrated and

coordinated programs and policies for national development.


ARTICLE XVI

GENERAL PROVISIONS

Section 10. The State shall provide the policy environment for the full development of Filipino

capability and the emergence of communication structures suitable to the needs and aspirations of the


of 194


FORM number 036/043 (Planning – National ICT Development Plans – e-Commerce) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




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Format: dd/mm/yyyy

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National ICT

Development Plans

/

e-Commerce


Philippines

In force since:

02/02/1987

Congress f the

Philippines

ARTICLE II


Section 4. The prime duty of the Government is to serve and protect the people. The Government may call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required, under conditions provided by law, to render personal, military or civil service.

STATE POLICIES

Section 9. The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate



Section 17. The State shall give priority to education, science and technology, arts, culture, and sports

to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.



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ARTICLE III

BILL OF RIGHTS




ARTICLE XII





The State shall promote industrialization and full employment based on sound agricultural development and agrarian reform, through industries that make full of efficient use of human and natural resources,

and which are competitive in both domestic and foreign markets. However, the State shall protect

Filipino enterprises against unfair foreign competition and trade practices.




and local government units, recommend to Congress, and implement continuing integrated and coordinated programs and policies for national development.


ARTICLE XVI

GENERAL PROVISIONS




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FORM number 037/043 (Planning – Subnational ICT Development Plans – Telecommunications) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




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Subnational ICT

Development Plans

/

Telecommunications


In force since:

10/10/1991

Congress of the

Philippines

Section 3. Operative Principles of Decentralization. - The formulation and implementation of policies

and measures on local autonomy shall be guided by the following operative principles:

(a) There shall be an effective allocation among the different local government units of their respective powers, functions, responsibilities, and resources;

(b) There shall be established in every local government unit an accountable, efficient, and dynamic organizational structure and operating mechanism that will meet the priority needs and service requirements of its communities;

(c) Subject to civil service law, rules and regulations, local officials and employees paid

wholly or mainly from local funds shall be appointed or removed, according to merit and

fitness, by the appropriate appointing authority;

(d) The vesting of duty, responsibility, and accountability in local government units shall

be accompanied with provision for reasonably adequate resources to discharge their powers and effectively carry out their functions: hence, they shall have the power to create and

broaden their own sources of revenue and the right to a just share in national taxes and an

equitable share in the proceeds of the utilization and development of the national wealth within their respective areas;

(e) Provinces with respect to component cities and municipalities, and cities and municipalities with respect to component barangays, shall ensure that the acts of their component units are within the scope of their prescribed powers and functions;


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(f) Local government units may group themselves, consolidate or coordinate their efforts, services, and resources commonly beneficial to them;

(g) The capabilities of local government units, especially the municipalities and barangays, shall be enhanced by providing them with opportunities to participate actively in the implementation of national programs and projects;

(h) There shall be a continuing mechanism to enhance local autonomy not only by legislative enabling acts but also by administrative and organizational reforms;

(i) Local government units shall share with the national government the responsibility in

the management and maintenance of ecological balance within their territorial jurisdiction, subject to the provisions of this Code and national policies;

(j) Effective mechanisms for ensuring the accountability of local government units to their

respective constituents shall be strengthened in order to upgrade continually the quality of local leadership;

(k) The realization of local autonomy shall be facilitated through improved coordination of national government policies and programs an extension of adequate technical and material assistance to less developed and deserving local government units;

(l) The participation of the private sector in local governance, particularly in the delivery of

basic services, shall be encouraged to ensure the viability of local autonomy as an alternative strategy for sustainable development; and

(m) The national government shall ensure that decentralization contributes to the continuing

improvement of the performance of local government units and the quality of community life.

[...]

Section 16. General Welfare. - Every local government unit shall exercise the powers expressly

granted, those necessarily implied therefrom, as well as powers necessary, appropriate, or incidental for its efficient and effective governance, and those which are essential to the promotion of the general

welfare. Within their respective territorial jurisdictions, local government units shall ensure and

support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of

appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance

economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants.

Section 106. Local Development Councils. - (a) Each local government unit shall have a comprehensive multi-sectoral development plan to be initiated by its development council and

approved by its sanggunian. For this purpose, the development council at the provincial, city,

municipal, or barangay level, shall assist the corresponding sanggunian in setting the direction of


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economic and social development, and coordinating development efforts within its territorial jurisdiction.

FORM number 038/043 (Planning – Subnational ICT Development Plans – Broadcast) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




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/

Subnational ICT

Development Plans

/

Broadcast


In force since:

10/10/1991

Congress of the

Philippines

Section 3. Operative Principles of Decentralization. - The formulation and implementation of policies and measures on local autonomy shall be guided by the following operative principles:


(b) There shall be established in every local government unit an accountable, efficient, and

dynamic organizational structure and operating mechanism that will meet the priority needs and service requirements of its communities;

(c) Subject to civil service law, rules and regulations, local officials and employees paid wholly or mainly from local funds shall be appointed or removed, according to merit and fitness, by the appropriate appointing authority;


be accompanied with provision for reasonably adequate resources to discharge their powers

and effectively carry out their functions: hence, they shall have the power to create and broaden their own sources of revenue and the right to a just share in national taxes and an


(e) Provinces with respect to component cities and municipalities, and cities and

municipalities with respect to component barangays, shall ensure that the acts of their component units are within the scope of their prescribed powers and functions;


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[...]











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FORM number 039/043 (Planning – Subnational ICT Development Plans – Broadband) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




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whom

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Planning

/

Subnational ICT

Development Plans

/

Broadband


In force since:

10/10/1991

Congress of the

Philippines













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[...]











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FORM number 040/043 (Planning – Subnational ICT Development Plans – e-Commerce) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




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/

Subnational ICT

Development Plans

/

e-Commerce


In force since:

10/10/1991

Congress of the

Philippines













of 194













[...]











of 194


FORM number 041/043 (Media – Content Quota – Broadcast) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




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In force since

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whom

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Content Quota

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Broadcast

Presidential Decree No. 576-A In force since:

11/11/1974

President of the

Philippines

Section 2. Every radio station or television channel shall allocate at least two hours a day as a program

or programs rendering public service, during such broadcast hours as are normally regarded in the

industry as prime time for a particular type of program and its appropriate audience.

Public service refers to news, educational, and cultural presentations and other programs informing the people of advances in science, industry, farming, and technology; of policies and important

undertakings in government designed to promote or safeguard the public welfare; of matters related to

the physical, intellectual and moral development of the young; or of traditions, values and activities which constitute the cultural heritage of the nation.

Media

/

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Broadcast


Philippines

In force since:

02/02/1987

Congress of the

Philippines

STATE POLICIES

Section 11. The State values the dignity of every human person and guarantees full respect for human rights.

ARTICLE III

BILL OF RIGHTS

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.

Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise

thereof. The free exercise and enjoyment of religious profession and worship, without discrimination


of 194

or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.

ARTS AND CULTURE

Section 14. The State shall foster the preservation, enrichment, and dynamic evolution of a Filipino

national culture based on the principle of unity in diversity in a climate of free artistic and intellectual expression.

Section 17. The State shall recognize, respect, and protect the rights of indigenous cultural

communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies.

ARTICLE XVI

GENERAL PROVISIONS

Section 12. The Congress may create a consultative body to advise the President on policies affecting

indigenous cultural communities, the majority of the members of which shall come from such communities.

FORM number 042/043 (Media – Content Quota – Pay TV) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)




Dimension /

Indicator /

Variable



identification


In force since

Format: dd/mm/yyyy

(Use n/a if not

applicable)

Adopted by

whom

(Use n/a if not

applicable)

Legal basis content


Media

/

Content Quota

/


Philippines

In force since:

02/02/1987

Congress of the

Philippines

STATE POLICIES

Section 11. The State values the dignity of every human person and guarantees full respect for human

rights.


of 194

Pay TV ARTICLE III

BILL OF RIGHTS




or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or

political rights.

ARTS AND CULTURE



Section 17. The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies.

ARTICLE XVI

GENERAL PROVISIONS

Section 12. The Congress may create a consultative body to advise the President on policies affecting

indigenous cultural communities, the majority of the members of which shall come from such communities.

FORM number 043/043 (Media – Content Quota – Internet) Researcher’s name:Guilherme Carvalho Stefani Last update: 03/06/2017(Date format: dd/mm/yyyy)





of 194

Dimension /

Indicator /

Variable



identification


In force since

Format: dd/mm/yyyy

(Use n/a if not

applicable)

Adopted by

whom

(Use n/a if not

applicable)

Legal basis content


Media

/

Content Quota

/

Internet


Philippines

In force since:

02/02/1987

Congress of the

Philippines

STATE POLICIES

Section 11. The State values the dignity of every human person and guarantees full respect for human rights.

ARTICLE III

BILL OF RIGHTS




or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or

political rights.

ARTS AND CULTURE



Section 17. The State shall recognize, respect, and protect the rights of indigenous cultural communities to preserve and develop their cultures, traditions, and institutions. It shall consider these rights in the formulation of national plans and policies.

ARTICLE XVI

GENERAL PROVISIONS

Section 12. The Congress may create a consultative body to advise the President on policies affecting indigenous cultural communities, the majority of the members of which shall come from such communities.

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