As promised, here is my discussion about the Law on Ease of Doing Business and the Anti-Red Tape Act.
You and I have experienced dealing with different government offices for a multitude of reasons — from business registration, processing of applications or permits, renewal of documents, or payment of taxes, loans, etc. I am sure majority of us, if asked, would have the same reaction and comments as to how much of our time, energy and money were wasted whenever we deal with these government offices. R-E-D-T-A-P-E!!!
Good news, fellow Filipinos! Our government has heard our cries and has finally acted on the problem. The government has finally come up with a game changer. A ground breaking change that aims to strengthen its commitment to provide the quality of public service that we Filipinos (taxpayers especially) truly deserve.
What is this game changer?
Republic Act No. 110321 or the “Ease of Doing Business and Efficient Government Service Delivery Act of 2018” became effective last June 17, 2018. It is an amendment to Republic Act No. 9485 or the Anti-Red Tape Act of 2007.
The Implementing Rules and Regulations (“IRR”) of RA 110321 came into effect last August 4, 2019.
What do we need to know about RA 110321?
It covers all government agencies and agencies in the Executive Department including local government units (LGUs), government-owned or -controlled corporations and other government instrumentalities, located in the Philippines or abroad, that provide services covering business-related and non-business related transactions.
Applications/requests for government service submitted shall be acted upon within the prescribed processing time stated in the Citizen’s Charter, which shall not be longer than:
CREATION OF ANTI-RED TAPE AUTHORITY (“ARTA”) which is tasked to:
- Implement and oversee national policy on anti-red tape and ease of doing business and implement reforms to improve competitiveness ranking.
- Monitor compliance of agencies and issue notices to erring and non-compliant government employees and officials.
- Initiate investigation motu propio, or upon receipt of a complaint, or file cases for violations.
- Review proposed major regulations of government agencies, using submitted regulatory impact assessments
Upon complaint, together with the presentation of the acknowledgment receipt and/or the official receipt, upon due investigation and verification that the applicant has indeed fully submitted all necessary documents and paid all the required fees, the ARTA shall issue a declaration of completeness and order the concerned office or agency to issue the approval, extension, and/or renewal of the license, clearance, permit, certification, or authorization which is deemed automatically approved under Sec. 10 of RA 11032.
All government agencies shall set up their respective most current and updated service standards to be known as the Citizen’s Charter.
The Citizen’s Charter is an official document that communicates:
– Service standards on service provided to citizens;
– Step-by-step procedure for availing service;
– Responsible person;
– Documents needed to be submitted;
– Fees to be paid, if any.
ZERO CONTACT POLICY
GENERAL RULE: All government agencies including LGUs shall adopt a zero-contact policy.
EXCEPTIONS: INTERACTIONS THAT ARE STRICTLY NECESSARY
Public officials and employees shall limit interactions to what is strictly necessary, such as:
– Payment of application and other fees
– Complex or Highly Technical Transactions
– Recording with prior consent
– Documented – notice of meetings, minutes/contact report, attendance sheet