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Philippine Business Magazine: Volume 9
No. 3 - Policy
Turning Two
Where are we two years after passing
the E-Commerce Act?
By Edward C. Gacusana
It has been two years now since the enactment of the
Electronic Commerce Act (RA 8792) in June 2000. As envisioned, the
law will create the environment to facilitate the country’s
progress in the use of electronic commerce. A necessary component
to this is the recognition of electronic documents, signatures,
and transactions, and making these items admissible evidence in
cases of disputes. It also penalizes unauthorized access to information
and interference in communication systems. Moreover, the law mandates
government agencies to computerize systems so they may serve the
public more efficiently.
Two years after its enactment, has the law accounted
for any major breakthrough in the way people do business, especially
with the government? Even Senator Ramon Magsaysay Jr., a proponent
of the E-Commerce Law, has this to say: “The implementation
is poor because of lack of will by our officials. It is a disappointment.”
The Information Technology and E-Commerce Council (ITECC) was created
though Executive Order 264 on 12 July 2000. The Council was originally
under the Trade and Industry Department until April 2001 when it
was transferred under the Office of the President. President Gloria
Macapagal Arroyo chairs the council with Trade Secretary Mar Roxas
and Roberto Romulo as co-chairmen for the government and private
sector, respectively.
This Council has at least six strategic committees: business development,
communications, e-government implementation, human resource development,
information infrastructure, and legal and regulation. The committees
have government and private sector representatives. While the private
sector is expected to take the lead in pushing developments in e-commerce,
Senator Magsaysay says, “The government must implement the
mandate of the e-commerce law and seriously push for the implementation
of its current ICT projects.” He observes that “only very
few government agencies are now offering transactional services
online. A lot do not even have websites. The Bureau of Customs,
Bureau of Internal Revenue, and the National Statistics Office are
some of the most active ones in putting up their online systems
and offering their basic services online.”
Help Button
“Passive mindset is one thing that keeps us from moving forward,”
reminds Magsaysay on why there is slow growth in offering public
services online. Furthermore, many recognize the country’s
infrastructure problems. One concern is telephone density; another
is lack of electricity in some areas. Currently, only 9 or 10 out
of a hundred households have telephone lines. Not even all barangays
have electricity.
Perhaps what is equally crucial is the preparedness of government
to share information with the public thereby engaging people to
participate in governance. Policy analysts know very well that creating
a website is just the first step towards transparency. They must
also realize that technology is only a tool and in itself will not
work without people who are accountable and committed to the ideals
of good governance. The same people must be responsive to the needs
of the populace treated as a client.
Digital Bridges
In pushing for excellence in governance using available technology,
the Philippine Internet Commerce Society (PICS) created the Philippine
E-Government Awards (PEGA) and will announce the first batch of
winners this July. Award categories include the E-Filing Award,
E-Permit Award, E-Payment Award, and the Excellence Award. Judging
criteria are technology neutrality, interoperability, efficiency,
security measures, auditability, sustainability, and community impact.
Most of the awards are self-explanatory. But at the rate the government
agencies are doing, there might not be enough nominees to choose
from. But maybe that is not the point. The plan is to set high standards
for others to follow. There’s a megabyte of opportunities in
the web as they say and a gigabyte of space for improvement.
Clearly, there is no shortage of policies in pushing e-commerce
in this country. What is needed is to push for the full execution
of the e-commerce law. Ordinary taxpayers may wonder about the impact
of a technology-driven government in (as reflected in) their daily
activities. At the end of the day, citizens have only one question
to ask – what service did the site provide? Technology is supposed
to make our lives simpler, not more complex.
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