Anti-Red Tape Law: A Comprehensive Report

Republic Act 9485 otherwise known as the

Anti-Red Tape Act of 2007
and its amendments under Republic Act 11032 or the
Ease of Doing Business and Efficient Government Service Delivery Act of 2018

AIREE GLENIS B. LABAD

University of Mindanao
Professional Schools - Master in Public Administration
Ethics and Accountability in the Public Sector (MPA 454)

NOVEMBER 2020
 TABLE OF CONTENTS

I. TITLE PAGE……………………………………………………………………….1
II. TABLE OF CONTENTS…………………………………………………………..2
III. EXECUTIVE SUMMARY…………………………………………………………3
IV. INTRODUCTION………………………………………………………………….4-5
V. FINDINGS…………………………………………………………………………6-10
VI. CONCLUSION/S………………………………………………………………….11
VII. RECOMMENDATIONS…………………………………………………………..11
VIII. REFERNCES……………………………………………………………………...12

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III. EXECUTIVE SUMMARY

Weber’s theory of bureaucracy was considered the most important theoretical principle

of the traditional model of administration. However, there were emergence of critics

for the said theory which heavily emphasized the dangers of bureaucracy which led to

government efforts in eradicating the bureaucratic Red Tape.

In the Philippine setting, the Anti-Red Tape Act of 2007 was amended with a more

detailed and comprehensive parameters under Republic Act 11032 or the Ease of

Doing Business and Efficient Government Service Delivery Act of 2018, in May 2018.

Salient points of the amended law from Republic Act 9485 to Republic Act 11032

provided for the additional details for Citizen’s Charter; creation of Anti-Red Tape

Authority, and Violations with their corresponding Penalties.

These specific actions of the law can be connected to efforts to provide transparency

and accountability in the government. While lowering of prescribed processing time

and streamlined procedures for the issuance of Licenses, Clearances, and Permits

can be deemed as government efforts to provide quality and prompt services as part

of government reforms.

It is then recommended to continue implementing the standards set forth in the law in

order to improve public service delivery. After all, upholding the law, eliminating

corruption, implementing effective feedback mechanism and improving public service

is a shared responsibility.

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IV. INTRODUCTION

In the field of Public Administration both as a practice and as a discipline, the

bureaucracy has been widely used during the era of Old Public Management, where,

according to Osborn (2006) the most important theoretical principle of the traditional

model of administration is Weber’s theory of bureaucracy.

Shafritz, et. al (2013) defined Public Administration as Mickey Mouse. Accordingly,

“When Walt Disney’s famous mouse made it big in the 1930s, he appeared in a variety

of cartoon shorts that showed him building something (such as a house or a boat) that

would later fall apart, or generally going to a great deal of trouble for little result. So

Mickey gradually gave his name to anything requiring considerable effort for slight

results, including many of the Mickey Mouse requirements of bureaucracy. Mickey

Mouse is often used to mean red tape, the symbol of excessive formality and attention

to routine. This has its origins in the red ribbon with which clerks bound official

documents in the nineteenth century. The ribbon has disappeared, but the practices it

represents linger on.”

Then the emergence of the critics for the said theory heavily emphasized the dangers

of bureaucracy. According to Cox III (2019), bureaucracy associates with the attempt

to manipulate political power and engage covertly in the formation and manipulation

of policy, despite an official ideology that separates politics from administration. These

critics call out for changes and developments in public administration from the old

public management to the new public management which later resulted to evolutions

in the field of public administration. The evolutions in the Modern Public Administration,

as pointed out by Brillantes and Fernandez (2008), covered 1950s up to the present

as its indicative period which involved Development Administration (1950s to 1960s);

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New Public Administration (1970s); New Public Management (1980s to 1990s);

Reinventing Government (1990s); and PA as Governance (1990s to the present).

In respect to the principles of limiting bureaucracy, it is evident that in the Philippine

setting, efforts from the government were made to improve efficiency in the delivery of

government services from that of the traditional bureaucratic system. The Republic

Act 9485 otherwise known as the Anti-Red Tape Act of 2007 was enacted on June

2007, to require all government offices to expedite transactions and/or adopt fixed

deadline for the completion of transactions and assess regularly as well as enhance

their frontline services. The shift from bureaucratic red tape to fast transaction have

been given due importance up until today, where it did not end with RA 9485.

Later, in May 2018, the said law was amended with a more detailed and

comprehensive parameters under Republic Act 11032 or the Ease of Doing Business

and Efficient Government Service Delivery Act of 2018. As highlighted in the official

website of the Anti-Red Tape Authority (2020), the amendments of the new law

involved new prescribed processing time, unified business application form,

establishment of Business One Stop Shop (BOSS), streamlined procedures for

securing clearances and permits, emphasis of Citizen’s Charter, and the creation of

Anti-Red Tape Authority.

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V. FINDINGS

There have been changes which provided for more detailed parameters and even

creation of the Anti-Red Tape Authority for the purpose of implementation of this

particular law. Salient points of the amended law includes but are not limited to

additional details for Citizen’s Charter, lowering of prescribed processing time,

streamlined procedures for the issuance of Licenses, Clearances, Permits, creation

of Anti-Red Tape Authority, and Violations with their corresponding Penalties. The

following are the salient points of the Republic Act 11032 where there were significant

changes and amendments from that of the Anti-Red Tape Act of 2007, to wit:

1. Citizen’s Charter

Under Section 6 of the law, “All government agencies shall set up current and updated

Citizen's Charter to indicate in detail”. The Citizen’s Charter has been implemented

since Anti-Red Tape Act of 2007 and was further implemented with the new

amendments of the law, as a form of transparency in the government.

Relly (2009) pointed out the importance of transparency wherein it was stated that

“Competition in the global economy has provided a strong incentive for governments

to show openness, as business leaders and donor nations contend that access-to-

information is critical for efficient markets.”

Nowadays, all government agencies are evidently displaying their citizen’s charter as

guide to clients for transactions rendered by government offices. According to the law,

it shall consist necessary information to all citizens which include the following, viz:

Checklist of requirements for each type of application or request; Person/s responsible

for each step; Amount of fees (if any); Procedure to obtain a particular service;

Maximum time to complete the process; and Procedure for filing complaints.

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2. Prescribed Processing Time

The amendment in the prescribed processing time is an obvious attempt of the

government way back 2018 to improve the ranking of the Philippines in its

performance in ease of doing business, among countries in Asia-Pacific, wherein it

ranked 113th out of 160 countries (World Bank, 2018).

Under Section 9 of the law which provides for the Accessing of Government Services,

paragraph (b) Action of Offices, all government agencies, national or local,

Government Owned and Controlled Corporations (GOCCs), government

instrumentalities located in the Philippines or abroad shall comply with prescribed

processing time as follows: 3 working days for Simple Transactions; 7 working days

for Complex Transactions; and 20 working days for Highly Technical Applications.

Previously, under RA 9485, simple transactions were given 5 working days and 10

working days for complex ones, but evidently, the amended law lowered the number

of working days as prescribed processing time, which is favourable to citizens or

clients with a much lower waiting time for transactions to be approved.

3. Streamlined Procedures for the Issuance of Licenses, Clearances, Permits

Section 11 and Section 13 of the law provides for the streamlining of the procedures

such as licensing, clearances, permits and authorizations. It describes the requirement

of the formulation of Unified Business Application Form which shall be used in

processing new applications. It also requires the concerned government agency that

the said forms shall be available online. It also describes the establishment of

Business One Stop Shop (BOSS) which shall serve as the business permitting and

licensing system that will receive and handle applications for license, clearance, permit

and authorization.

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Three (3) years upon effectivity of the Act which has been Calendar Year 2018, all

concerned government agencies will be required to automate their business permitting

and licensing. Lastly, it describes the creation of the Central Business Portal (CBP),

which shall serve as central system to receive and capture applications involving

business-related transactions which is now currently accessible at

https://business.gov.ph/home.

According to World Bank Group (2020), economies are ranked on their ease of doing

business, from 1–190. A high ease of doing business ranking means the regulatory

environment is more conducive to the starting and operation of a local firm.

The Philippines have developed since the enactment of RA 11032 in terms of ease of

doing business. The Department of Information and Communications Technology

(2019) pointed out in a press statement that Philippines jumped 29 notches in the

World Bank’s annual Doing Business Report, ranking 95th from 124th last year with a

score of 62.8 and 57.68 respectively. Based on the report, the Philippines improved in

three areas: starting a business, dealing with construction permits, and protecting

minority investors. Starting a business was made easier by abolishing the minimum

capital requirement for domestic companies. Furthermore, streamlining the process

for obtaining an occupancy certificate was improved in securing construction permits.

4. Creation of Anti-Red Tape Authority

One of the highlights of this law includes the creation of the Anti-Red Tape Authority.

At present, Atty. Jeremiah B. Belgica is the current and the first ever appointed Director

General of the Anti-Red Tape Authority.

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The law specifically defines the functions and responsibilities of the said governing

body for this particular purpose, which includes the following: 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; and Review

proposed major regulations of government agencies, using submitted regulatory

impact assessments.

The Anti-Red Tape Authority already filed several complaints to the Office of the

Ombudsman for the following such as case against Renewable Energy Management

Bureau (REMB) of the Department of Energy Director Mylene C. Capongcol on 07

October 2020; Register of Deeds of Calamba City, Atty. Rodolfo A. Sol, Jr. on 25

September 2020; Camarines Norte Governor Edgardo A. Tallado at the Office of the

Ombudsman on October 17, 2019 (Anti-Red Tape Authority, 2020). All of which are in

violation of Section 21 (d) and (e) and more.

5. Violations and Penalties

According to Gabriel, as cited in Romero (2019), “Transparency is a tool that increases

accountability. It disinfects the inefficient and corrupt practices in the government.”

In connection, Brillantes & Fernandez (2011) emphasized that “the public clientele has

the right to demand for quality and prompt service from its supply side which is the

government. Citizen-engagement is a must to exert pressure to those service

providers and control corruption which is considered as a critical dimension of

government reform.”

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Section 21 provides for the Violations under the Act. Violations of the Act the following,

to wit: a) Refusal to accept application or request with complete requirements being

submitted by an applicant or requesting party without due cause; b) Imposition of

additional requirements other than those listed in the Citizen’s Charter; c) Imposition

of additional costs not reflected in the Citizen’s Charter; d) Failure to give the applicant

or requesting party a written notice on the disapproval of an application/request; e)

Failure to render government services within the prescribed processing time on any

application or request without due cause; f) 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 during and lunch break; g) Failure or refusal to

issue official receipts; and h) Fixing and/or collusion with fixers in consideration of

economic and/or other gain or advantage.

Section 22 provides for the Penalties and Liabilities for the abovementioned violations.

For the First Offense, a penalty of an administrative liability with six (6) months

suspension shall be imposed, except for fixing or collusion with fixers where Second

Offense Penalty shall apply. For the Second Offense, administrative and criminal

liability of dismissal from the service, perpetual disqualification from holding public

office, forfeiture of retirement benefits, imprisonment of one (1) year to six (6) years,

and a fine of not less than five hundred thousand pesos (Php 500,000.00) but not more

than two million pesos (Php 2,000,000.00). Any person who commits any act such as

but not limited to bribery, extortion or malicious solicitation of favour shall be criminally

liable and shall be punished under the Revised Penal Code and other special laws.

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VI. CONCLUSION

As a conclusion, it is hereby observed in this paper that the Anti-Red Tape Law is a

tool for the government to uphold and increase accountability and if not eliminate,

minimize and disinfect the corrupt practices in the government and provide quality and

prompt services.

Salient points of the amended law from Republic Act 9485 to Republic Act 11032

provided for the additional details for Citizen’s Charter; creation of Anti-Red Tape

Authority, and Violations with their corresponding Penalties. These specific actions of

the law can be connected to efforts to provide transparency and accountability in the

government. While lowering of prescribed processing time and streamlined

procedures for the issuance of Licenses, Clearances, and Permits can be deemed as

government efforts to provide quality and prompt services as part of government

reforms.

VII. RECOMMENDATIONS

Surveys in the government and rankings in the World Bank can be seen both as an

achievement and a challenge. There are already evidences that through the enacted

laws for Anti-Red Tape, the government is slowly reaping the benefits of the efforts

both in raising awareness of citizens’ rights and responsibilities and limiting the

bureaucratic red tape in the government services. However, it is also recommended

to continue implementing the standards set forth in the law in order to improve public

service delivery. After all, upholding the law, eliminating corruption, implementing

effective feedback mechanism and improving public service is a shared responsibility.

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VIII. REFERNCES

1. Anti-Red Tape Authority (2020). The Implementing Rules and Regulations of RA.
11032 or the Ease of Doing Business and Efficient Government Service Delivery Act
of 2018. Retrieved from: https://arta.gov.ph/pages/irr/

2. Brillantes, A. & Fernandez, M. (2008). Is there a Philippine Public Administration: A

Timeless Issues. UP National College of Public Administration and Governance.
Retrieved from:
https://www.researchgate.net/publication/237658738_'Is_There_a_Philippine_Public
_Administration_Or_Better_Still_For_Whom_Is_Philippine_Public_Administration'

3. Central Business Portal (2020). Retrieved from: https://business.gov.ph/home

4. City Government of Koronadal (2020). Application form of Business Permit. Retrieved

from: https://www.koronadal.gov.ph/wp-content/uploads/2019/01/application-form.pdf

5. Cox III, Raymond W; Buck, Susan; Morgan, Betty (2019-06-25). Public Administration
in Theory and Practice (Kindle Locations 580-583). Taylor and Francis. Kindle Edition.

6. Department of Information and Communications Technology (2019). PH improved

ranking in the Doing Business 2020 report. Retrieved from:
https://dict.gov.ph/ictstatistics/ph-improved-
rankinginthedoingbusiness2020report/#:~:text=29%20October%202019%20%E2%8
0%93% 20Philippines%20jumped,followed%20by%20Singapore%20with%2086.2.

7. Osborne, S. 2006. The new public governance? Public Management Review, 8(3):
377–387. Political Science Review, 50, 1057-1073. Retrieved from:
https://www.researchgate.net/publication/258126438_A_New_Theory_for_Public_Ma
nagement_Toward_a_Public_Service-Dominant_Approach

8. Romero, M. (2019). Degree of Observance of Ease of Doing Business and Efficient

Government Service Delivery Act in the Department of Education in Nueva Ecija in the
Philippines. Journal of Public Administration and Governance-Macrothink Institute.
Vol. 9, No. 1. Retrieved from: https://www.researchgate.net/publication/283981907

9. Relly, J. (2009) Government Information Quarterly. Perceptions of transparency of

government policymaking: A cross-national study. Retrieved from:
https://www.researchgate.net/publication/236885706_Perceptions_of_Transparency_
of_Government_Policy_Making_A_Cross-National_Study

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10. Shafritz, J., Russel, E.W., Borick, C., & Hyde, A. (2013). The Evolution of Management
and Organization Theory. Introducing Public Administration (pp.231-236). Retrieved
from: https://books.google.com.ph/books?id=H0QlDwAAQBAJ

11. World Bank Group (2018). Ease of Doing Business Rankings 2020-Comparing
Business Regulations in 190 Economies. Retrieved from:
https://www.doingbusiness.org/en/rankings

12. World Bank Group (2020). Ease of Doing Business Rankings 2020-Comparing
Business Regulations in 190 Economies. Retrieved from:
https://www.doingbusiness.org/en/rankings

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