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Republic Act 11032 (Ease of Doing Business and Efficient Government Service Delivery Act of 2018).pptx
1. Republic Act 11032
(Ease of Doing
Business and Efficient
Government Service
Delivery Act of 2018)
BY: MART NIKKI LOU M. MANTILLA
2. What is RED TAPE?
Refers to the rigid or mechanical adherence to bureaucratic
rules and regulations especially those involving unnecessary
paper works.
It involves government procedures which are oppressively
complex and time-consuming.
Any regulation, rule, or administrative procedure or system that
is ineffective or detrimental in achieving its intended objectives
and, as a result, produces slow, suboptimal, and undesirable
social outcomes.
3. Article II, Section 27 of the 1987 Constitution:
“the State shall maintain honesty and integrity in the
public service and shall take positive and effective
measures against graft and corruption”
Constitutional Basis
4. Encourage competitiveness and improve the overall business
environment.
These amendments are aimed at providing the public with
quality government service as quickly as possible while
substantially reducing expense, inconvenience, and wasted
time.
Broadly, RA No. 11032 requires government agencies to
streamline business registration and compliance procedures.
Why was it passed?
5. The Act shall apply to all:
◦Government offices and agencies including
◦Local government units and
◦Government-owned and controlled corporations with or
without original charter that provide frontline services.
◦Other government offices whether in the Philippines or
abroad that provide services covering business and
non-business-related transactions
Who are covered by the Act?
6. Those performing
◦ Judicial
◦ Quasi-judicial and
◦ Legislative functions
but their respective frontline services are included
(Section 3, RA 9485).
Who are excluded?
7. It is an official document, a service standard, or a pledge,
that communicates information on the services provided
by the concerned government agency to the public.
It describes the step-by step procedure for availing a
particular service, and the guaranteed performance level
that they may expect for that service.
Citizen’s Charter
8. Covered entities are now required to pass a Citizen’s Charter which
is a comprehensive and uniform checklist of requirements for each
type of application or request before said government agencies.
The Charter provides for the persons responsible for each step of
the application or request, the maximum time to conclude the
process, the documents to be presented by the applicant or
requesting party, the amount of fees, and the procedure for filing
complaints.
Citizen’s Charter
9. Zero-contact Policy
No contact in any manner with any requesting party
concerning an application or request shall be allowed.
EXC:
a) During the preliminary assessment of the request and
b) During the evaluation of the sufficiency of documents
submitted.
10. Acceptance of Applications or
Requests
All officers or employees are required to accept written applications,
requests and documents or both, submitted by applicants or
requesting parties.
The receiving officer or employee shall then perform a preliminary
assessment on the application or the request submitted and
immediately inform the applicant or requesting party of the
deficiency in the requirements submitted.
The deficiency shall be limited to those enumerated in the Citizen’s
Charter.
11. Must be acted upon within the period prescribed in the
agency or office’s Citizen’s Charter which should not be
longer than:
◦ Simple transactions – 3 working days
◦ Complex transactions – 7 working days
◦ Highly technical transactions – 20 working days
from the date of receipt.
Processing Time
12. Requests or applications submitted by clients of
a government office or agency which only
require ministerial actions on the part of the
public officer or employee, or that which present
only inconsequential issues for the resolution by
an officer or employee of said government
office.
Simple Transactions
13. Requests or applications submitted by clients of
a government office which necessitate the use
of discretion in the resolution of complicated
issues by an officer or employee of said
government office, such transaction to be
determined by the office concerned.
Complex Transactions
14. Highly Technical Application
Application which requires the use of technical
knowledge, specialized skills and/or training in
the processing and/or evaluation thereof.
15. Denial of Application or Request
Denial of the application be explained in writing
stating the name of the person who denied the
same and the grounds upon which denial is
based.
16. Electronic Versions
Covered agencies and offices are required to develop
electronic versions of licenses, clearances, permits,
certifications, or authorizations.
These electronic versions shall have the same level of
authority as hard copies and may be printed by the
applicants or requesting parties.
17. Automatic Approval or Automatic
Renewal
Provided that the applicant or the requesting party has:
(a) submitted complete documentary requirements and
(b) paid all the required fees and charges
the failure of the government agency or office to approve or
disapprove the original application or request within the
prescribed processing time shall be deemed an approval of the
concerned office or agency.
18. Anti-Red Tape Authority
(a) monitor and evaluate compliance of agencies and issue a notice of
warning to erring or non-complying employees or officials;
(b) initiate investigation motu proprio or upon receipt of complaint, refer
the same to appropriate agency or file cases for violations;
(c) assist complainants in filing necessary cases with CSC, Ombudsman,
and other appropriate courts;
(d) recommend policies; and
(e) provide technical assistance and advisory opinions in the review of
proposed national or local legislation.
19. Advisory Council
Formulate policies and programs that will aid the
Anti-Red Tape Authority to perform its functions
and enhance the country’s competitiveness as
well as improve the ease of doing business.
20. (a) Refusal to accept an application or request with complete requirements without due
cause;
(b) Imposition of additional requirements or fees other than those required in the
Citizen’s Charter;
(c) Failure to give the applicant or requesting party a written notice of disapproval;
(d) Failure to render government service within prescribed processing time;
(e) Failure to attend to applicants or requesting parties who are within their premises
prior to end of official working hours and during lunch break;
(f) Failure or refusal to issue official receipts; and
(g) Fixing and/or collusion with fixers.
Violations
21. First offense – 6 months suspension without pay
Second offense – Dismissal from the service,
perpetual disqualification from holding public office, and
forfeiture of retirement benefits and imprisonment of 1
year to 6 years with a fine of not less than P500,000 but
not more than P2,000,000.
Penalties and Liabilities
22. Incurred by those who commit bribery,
extortion, or when violation was done
deliberately and maliciously to solicit
favor in cash or kind.
Criminal Liability
24. Any individual whether or not officially involved in the
operation of a government office or agency who has
access to people working therein, and whether or not
in collusion with them, facilitates speedy completion of
transactions for pecuniary gain or any other advantage
or consideration.
Who is a FIXER?
AN ACT PROMOTING EASE OF DOING BUSINESS AND EFFICIENT DELIVERY OF GOVERNMENT SERVICES, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9485, OTHERWISE KNOWN AS THE ANTI-RED TAPE ACT OF 2007, AND FOR OTHER PURPOSES
Q: Who may be considered a citizen?
A: For the purposes of this Act and the pertained Citizen’s Charter, citizens may not only refer to citizens of the Republic of the Philippines but also all the stakeholders, including users, beneficiaries, other government offices and agencies and the transacting public.
Q: How shall the Citizen’s Charter be drafted?
A: A task force, constituted by the head of office or agency, shall prepare the Citizen’s Charter. It shall be drafted taking into consideration the stakeholders, users and beneficiaries of the frontline services. Non-government organizations and concerned groups should be encouraged to participate during the consultative formulation of the Charter.
Q: What should be included in the Citizen’s Charter?
A: • Vision and Mission of the office or agency
• Identification of the frontline services offered
• Clients
• Step-by-step procedure to obtain a service
• Officer or employee responsible for each step
• Maximum time to conclude the process
• Documents to be presented by the client and why they are needed
• Amount of fees
• Procedure for filing complaints
• Names and contact details of the officials whom clients can file complaints to
• Allowable period for extension due to unusual circumstances
• Contact numbers to call for recommendations, inquiries, suggestions as well as complaints
A: It shall be in the form of billboards or published materials
written either in English, Filipino or in the local dialect.
Q: Where shall the Citizen’s Charter be posted?
A: It should be posted at the main entrance of offices, or at the most conspicuous place.
Q: Who and When shall the Charter be reviewed?
A: The office or agency shall review the Charter whenever necessary, but not less than once every two (2) years.
Are agencies/offices allowed to extend response
time?
A: Yes. Agencies are allowed to extend response time provided that there are unusual circumstances. The office concerned shall notify the requesting party in writing of the reason for the extension and the final date of release of the service requested.
What is automatic extension?
A: When an office or agency fails to act upon the application for renewal of permit, license or authority within the prescribed period, the said permit, license or authority shall be automatically extended until a decision is rendered on the application for renewal. The applicant shall be informed prior to the expiration of the original period that more time is required to evaluate the application.
Note: Automatic extension however, shall not be applied to an expired permit, license or authority. No automatic extension shall also apply when the activity upon which the permit, license or authority applied for pose danger to public health, public safety, public morals or to public policy.
What if the application or request was disapproved?
A: A formal notice should be sent by the officer/employee who rendered the decision to the requesting party within five (5) working days indicating the reason for disapproval and including the list of requirement/s which the client failed to submit.
Q: What should the requesting party do if he/she disagrees with the action?
A: The requesting party may opt to file complaints against the office/ agency through the grievance mechanisms indicated in the Citizen’s Charter. These can be in the form of hotline numbers, short message service or information communication technology or other mechanisms by which clients can adequately express their complaints, suggestions or comments.
Q: What about offices or agencies which use computer-based transactions?
A: The same rules apply for those offices which allow computer-based access to frontline services.
Q: What is Public Assistance/Grievance Desk?
A: One of the grievance mechanisms required for all officers/agencies, where an officer knowledgeable on the frontline services offered shall be available for consultation and advice. The desk shall be attended to at all times even during office breaks.
Q: What other public assistance mechanisms can an office or agency institute?
A: An office or agency may also establish one-stop shops, walk-in service counters or special lanes for pregnant women, senior citizens
and persons with disabilities.
Q: Are officers or employees required to attend to clients even during office breaks?
A: Yes. Offices must devise appropriate working schedules to attend to and serve clients who are within their premises prior to the end of official working hours and even during lunch break and after regular hours. They may opt to provide frontline services as early as 7 in the morning and as late as 7 in the evening to adequately attend to all clients.
Attached to the Office of the President
motu proprio describes an official act taken without a formal request from another party.
May the individuals charged with administrative complaints under this Act be also filed with other
charges arising from the same act?
A: Yes. Those who are filed with administrative charges under this Act can also be filed with other criminal, civil, or other related charges arising from the same act or omission.
Who has administrative jurisdiction over appointive public officials?
A: The Civil Service Commission (CSC) and the Office of the Ombudsman (OMB) have administrative jurisdiction over non-presidential appointees. The Office of the Ombudsman (OMB) and the Presidential Anti-Graft Commission (PAGC) shall have administrative jurisdiction over presidential appointees.