EODB and EDGSL Flashcards
(109 cards)
1
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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 the other purposes.
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R.A 11032
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COVERAGE of R.A 11032
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Local Government Units (LGUs)
Government-Owned and Controlled Corporations (GOCCs)
Other government instrumentalities whether in the Philippines or abroad that provide services covering business and non-business-related transactions defined in this Act
3
Q
Is a single common site or location, or a single online website or portal designated for the Business Permit and Licensing System (BPLS) of an LGU to receive and process applications, receive payments, and issue approved licenses, clearances, permits, or authorizations
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Business One Stop Shop (BOSS)
4
Q
Applications or requests submitted by applicants or requesting parties of a government office which necessitate evaluation in the resolution of complicated issues by an officer or employee of said government office, such transactions to be determined by the office concerned.
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Complex transactions
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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.
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Fixer
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Q
Applications or requests submitted by applicants or requesting parties 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
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Simple Transactions
7
Q
An application which requires the use of technical knowledge, specialized skills and/or training in the processing and/or evaluation thereof;
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Highly technical application
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The time consumed by an LGU or national government agency (NGA) from the receipt of an application or request with complete requirements, accompanying documents and payment of fees to the issuance of certification or such similar documents approving or disapproving an application or request
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Processing Time
9
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Citizen’s charter
(next slides)
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10
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Applicable to all government agencies (departments, bureaus, offices, instrumentalities, government-owned/controlled corporations, LGUs)
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11
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Establish and update service standards as the Citizen’s Charter
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12
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Display on information billboards at main entrances or conspicuous places
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13
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Publish on respective websites Provide in English, Filipino, or local dialects.
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14
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Details of Citizen’s Charter
(next slides)
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15
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A comprehensive and uniform checklist of requirements for each type of application or request;
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16
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The procedure to obtain a particular service;
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17
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The person/s responsible for each step;
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18
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The maximum time to conclude the process;
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19
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The document/s to be presented by the applicant or requesting party, if necessary;
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20
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The amount of fees, if necessary; and
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21
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The procedure for filing complaints
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22
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General Rule for Zero-Contact Policy
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No government officer or employee shall have any contact with any applicant or requesting party
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Exception to the General Rule for Zero-Contact Policy
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During the preliminary assessment of the request
During the evaluation of the sufficiency of documents submitted
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ACCOUNTABILITY OF HEADS OF OFFICES AND AGENCIES
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Responsible for the implementation of this Act
Accountable to the public in rendering fast, efficient, convenient and reliable service
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SEC. 9-ACCESSING GOVERNMENT SERVICES
a. Acceptance of Applications or Requests
(next slides)
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All officers or employees are required to accept written applications, requests, and/or documents, submitted by applicants or requesting parties
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The receiving officer or employee shall perform a preliminary assessment on the application or request submitted and immediately inform the applicant or requesting party of the deficiency in the requirements – which shall be limited to those enumerated in the Citizen's charter
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The receiving officer or employee shall assign a unique identification number to an application or request
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The receiving officer or employee shall issue an acknowledgment receipt containing:
Seal of the agency
Name of the responsible officer or employee
His/her unit and designation
Date and time of receipt of such application or request
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b. Action of Offices
(1) Extension
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For Simple Transactions
3 working days
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For Complex Transactions
7 working days
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For activities which pose danger to public health, public morals, public safety, public policy, and highly technical transactions
20 working days or as determined by the government agency or instrumentality concerned, whichever is shorter
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For applications or requests for license, clearance, permit, certification, or authorization requiring approval of the local Sangguniang Bayan, Panlungsod, or Panlalawigan
45 working days
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(2) Period
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For 1-3
For Simple Transactions
For Complex Transactions
For activities which pose danger to public health, public morals, public safety, public policy, and highly technical transactions
May be extended only once for the same number of days, which shall be indicated in the Citizen's Charter
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For applications or requests for license, clearance, permit, certification, or authorization requiring approval of the local Sangguniang Bayan, Panlungsod, or Panlalawigan
Can be extended for another 20 working days
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(3) Transaction
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For 1-3
For Simple Transactions
For Complex Transactions
For activities which pose danger to public health, public morals, public safety, public policy, and highly technical transactions
The officer or employee who rendered the decision shall send a formal notice to the applicant or requesting party within the prescribed processing time, stating therein the reason for the disapproval
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For applications or requests for license, clearance, permit, certification, or authorization requiring approval of the local Sangguniang Bayan, Panlungsod, or Panlalawigan
The reason for the denial and the remedial measures that may be taken by the applicant shall be cited by the concerned Sanggunian
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c. Denial of Application or Request for Access to Government Service
(next slides)
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Any denial is required to be fully explained in writing stating:
> Name of the person who denied the application
> Grounds upon which denial is based
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Deemed to have been made with the permission or clearance from the highest authority having jurisdiction over the government office or agency concerned
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d. Limitation of Signatories
(next slides)
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Maximum of 3 signatures, provided:
In case the authorized signatory is on official business or official leave, an alternate shall be designated as signatory
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Electronic signatures or pre-signed license, clearance, permit, certification, or authorization with adequate security and control mechanism may be used
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e. Electronic Versions of Licenses, Clearances, Permits, Certifications or Authorizations
(next slides)
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Covered agencies and offices are required to develop electronic versions of licenses, clearances, permits, certifications, or authorizations
Electronic versions shall have the same level of authority as hard copies and may be printed by the applicants or requesting parties
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f. Adoption of Working Schedules to Serve Applicants or Requesting Parties
(next slides)
All applicants or requesting parties who are within their premises prior to the end of official working hours are attended to and served even during lunch break and after regular working hours
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AUTOMATIC APPROVAL
If a government office or agency fails to approve or disapprove an original application or request within the prescribed processing time, provided
All required documents have been submitted
All required fees and charges have been paid
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The acknowledgment receipt together with the official receipt for payment of all required fees issued shall be enough proof or has the same force and effect under this automatic approval mechanism.
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AUTOMATIC EXTENSION
If a government office or agency fails to act on an application or request for renewal within the prescribed processing time, provided
The Authority, in coordination with the CSC, DTI, SEC, DILG and other agencies which shall formulate the IRR of this Act, shall provide a listing of simple, complex, highly technical applications, and activities which pose danger to public health, public safety, public morals or to public policy
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STREAMLINED PROCEDURE FOR THE ISSUANCE OF LOCAL BUSINESS LICENSES, CLEARANCES, PERMITS, CERTIFICATION, OR AUTHORIZATION
(next slides)
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i. A single or unified business application form shall be used in processing new applications for business permits and business renewals. The unified form shall be made available online using technology-neutral platforms such as, but not limited to, the central business portal or the city/municipality's website and various channels for dissemination. Hard copies of the unified forms shall likewise be made available at all times in designated areas of the concerned office and/or agency.
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ii. A one-stop business facilitation service, hereinafter referred to as the business one stop shop, (BOSS) for the city/municipality's business permitting and licensing system to receive and process manual and/or electronic submission of application for license, clearance, permit, certification or authorization shall be established within the cities/municipalities.
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iii. Cities/Municipalities are mandated to automate their business permitting and licensing system or set up an electronic BOSS within a period of three (3) years upon the effectivity of this Act for a more efficient business registration processes.
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iv. To lessen the transaction requirements, other local clearances such as, but not limited to, sanitary permits, environmental and agricultural clearances shall be issued together with the business permit.
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v. Business permits shall be valid for a period of one (1) year. The city/municipality may have the option to renew business permits within the first month of the year or on the anniversary date of the issuance of the business permit.
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vi. Barangay clearances and permits related to doing business shall be applied, issued, and collected at the city/municipality in accordance with the prescribed processing time of this Act: Provided, That the share in the collections shall be remitted to the respective barangays.
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Streamlined Procedures for Securing Fire Safety Evaluation Clearance (FSEC), Fire Safety Inspection Certificate (FSIC), and Certification of Fire Incidents for Fire Insurance
(see next slides)
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i. Issuance of FSEC and FSIC shall in no case be longer than seven (7) working days
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ii. For new business permit application, the FSIC already issued during the occupancy permit stage shall be sufficient as basis for the issuance of the FSIC for a business entity as a requirement for the business permit
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iii. For renewal of business permit, the BFP shall, within three (3) working days from application, present the FSIC to the city/municipality, either thru the copy of the FSIC or the negative/positive list.
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iv. If the BFP fails to furnish the city/municipality with an FSIC or to inform the same through the negative/positive list within three (3) working days from the application of business renewal
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v. If the BFP fails to furnish the city/municipality with an FSIC or to inform the same through the negative/positive list within three (3) working days from the application of business renewal
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vi. The BFP or any of its officials or employees shall not sell, offer to sell, or recommend specific brands of fire extinguishers and other fire safety equipment to any applicant or requesting party or business entity. Any violation thereof shall be punishable by imprisonment of one (1) year to six (6) years and a penalty of not less than Five hundred thousand pesos (P500,000.00), but not more than Two million pesos (P2,000,000.00)
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vii. The BFP shall collocate with the BOSS or in an appropriate area designated by the city/municipality within its premises to assess and collect the fire safety inspection fees.
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viii. The BFP may enter into agreements with cities/municipalities, allowing the latter to be deputized as assessors and/or collecting agents for the fire safety inspection fees.
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ix. The BFP shall develop and adopt an online or electronic mechanism in assessing fees, collecting/accepting payments and sharing/exchange of other relevant data on business permit processing.
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PHILIPPINE BUSINESS DATABANK
Overview
The establishment and maintenance of the PBD within one year from effectivity of the act.
DICT in coordination with various agencies issuing licenses and permits.
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Features of the PBD:
Ensures that all business-related information available is centralized and
Accessible by NGAs and LGUs.
Required to link their databases to the PBD or periodically submit updates to it.
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The Authority, together with the DICT, will develop a fast and reliable interconnectivity infrastructure to expedite the processing of business-related licenses and permits.
Interconnectivity Infrastructure Development
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Processing Timeframes
Barangay
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LGU’s
7 working days
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NGAs
7 working days
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Non Action
Automatic Approval
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Pursuant to Section 10 (k) of Republic Act No. 9904, otherwise known as the "Magna Carta for Homeowners and Homeowners Associations"
Homeowners Association Approvals
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Homeowners Association Approvals
10 working days for officers to refer applications to the members of the association.
30 working days for consent or disapproval.
Notification of reasons and remedial measures if disapproved
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Anti-Red Tape Unit in the Civil Service Commission (CSC)
Anti-Red Tape Unit - Establishment
The CSC will maintain an anti-red tape unit in its central and regional offices.
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Functions
The unit will utilize Report Card Survey findings to improve government service delivery and address complaints about noncompliance with the Act. It will review, hear, and decide on complaints regarding erring government employees and officials.
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Powers and Functions
> National Policy Implementation
> Reform Initiatives
> Monitoring and Evaluation
> Investigations
> Assistance
> Policy Recommendations
> Training Programs
> Manual Preparation
> Advisory Role
> Public Access
> Collaboration
> Perform any necessary acts to achieve the Act's objectives
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Composition of the Authority
Director General:
Deputy Directors General:
Organizational Structure:
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Director General
The Authority is headed by a Director General appointed by the President, with a term coterminous with the President's tenure. The Director General enjoys the benefits and emoluments equivalent to the rank of Secretary.
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Deputy Directors General:
Three Deputy Directors General assist in legal, operations, and administration and finance roles, enjoying benefits equivalent to the rank of Undersecretary. They are appointed by the President and are career officials.
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Organizational Structure:
The Director General, in consultation with CSC, DTI, and DBM, determines the organizational structure, staffing pattern, and compensation for the Authority.
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Ease of Doing Business and Anti- Red Tape Advisory Council
The Council comprises key government officials and two private sector representatives. The DTI Secretary serves as Chairperson, and the Director General of the Authority as Vice-Chairperson. Members include the Secretaries of DICT, DILG, DOF, and two private sector representatives appointed by the President for a three-year term, renewable once.
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Powers and Functions
> Policy Formulation
> Legislative Recommendations
> Performance Review
> Advisory Role
> Transparency and Efficiency
> Authorizes the creation of specific working groups
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Transition From Manual to Software-enabled Business- Related Transaction
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This law introduces new sections to streamline business transactions by transitioning from manual to automated processes within three years.
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The Department of Information and Communications Technology (DICT) will lead this transition, ensuring less affluent municipalities are equipped and trained.
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The law establishes a new authority to oversee these changes, with temporary management by the Department of Trade and Industry (DTI) until the authority is fully operational. It mandates a Congressional Oversight Committee to monitor progress for five years.
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Report card Survey
(next slides)
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All offices and agencies providing government services shall be subjected to a Report Card Survey to be initiated by the Authority, in coordination with the CSC, and the Philippine Statistics Authority (PSA), which shall be used to obtain feedback on how provisions of this Act are being followed and how the agency is performing.
Shall also be used to obtain information and/or estimates of hidden costs incurred by applicants or requesting parties to access governments services which may include, but is not limited to, bribes and payment to fixers. The result of the survey shall also become basis for the grant of awards, recognition and/or incentives for excellent delivery of services in all government agencies.
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A feedback mechanism shall be established in all agencies covered by this Act and the results thereof shall be incorporated in their annual report.
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Implementing Regulations Rules and Regulations
(next slides)
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If any provision of this Act shall be declared invalid or unconstitutional, such declaration shall not affect the validity of the remaining provisions of this Act.
Separability Clause
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All provisions of laws, presidential decrees, letters of instruction and other presidential issuances which are incompatible or inconsistent with the provisions of this Act are hereby deemed amended or repealed accordingly
Repealing Clause
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Violations and penalties
Any person who performs or cause the performance of the following acts shall be liable:
(next slides)
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Refusal to accept application or request with complete requirements being submitted by an applicant or requesting party without due cause;
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Imposition of additional requirements other than those listed in the Citizen's Charter;
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Imposition of additional costs not reflected in the Citizen's Charter;
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Failure to give the applicant or requesting party a written notice on the disapproval of an application or request;
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Failure to render government services within the prescribed processing time on any application or request without due cause;
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Failure to attend to applicants or requesting parties who are within the premises of the office or agency concerned prior to the end of official working hours and during lunch break;
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Failure or refusal to issue official receipts
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Fixing and/or collusion with fixers in consideration of economic and/or other gain or advantage
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Any violations of the preceding actions will warrant the following penalties and liabilities
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First offense
Administrative liability
Six (6) months suspension
In cases of fixing and/or collusion with fixers under Section 21(h), the penalty and liability under Section 22(b) apply.
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Second Offense
Administrative liability and criminal liability
Dismissal from the service
Perpetual disqualification from holding public office
Forfeiture of retirement benefits
Imprisonment of one (1) to six (6) years
Fine between Five hundred thousand pesos (P500,000.00) and Two million pesos (P2,000,000.00).
