EODB

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RA No.

11032
Ease of Doing business
RA 11032
An Act Promoting Ease of Doing Business and Efficient Delivery of
Government Services, Amending for the Purpose RA NO. 9485,
Otherwise Known as the ANTI-RED TAPE ACT of 2007, and for Other
Purposes

EASE OF DOING BUSINESS AND EFFICIENT GOVERNMENTSERVICE


DELIVERY ACT

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Coverage
✘ The Ease of Doing Business Act applies to all government
offices and agencies including LGUs, GOCCs, and other
government instrumentalities, whether located in the
Philippines or abroad, that provide services covering
business and nonbusiness related transactions as defined
in the Act.

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Purpose
✘ aims to establish efficient service delivery, prevent
graft and corruption, reduce red tape, and expedite
business and non-business transactions in
government.
✘ provides for rules, tools, and mechanisms designed
to improve frontline service efficiency and ensure
customer satisfaction.

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DEFINITION OF TERMS
✘ Action — refers to the written approval or disapproval made by
a government office or agency on the application or request
submitted by an applicant or requesting party for processing;
✘ Business One Stop Shop (BOSS) – 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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DEFINITION OF TERMS
✘ Business-related transactions— a set of regulatory requirements
that a business entity must comply with to engage, operate or
continue to operate a business, such as, but not limited to, collection
or preparation of a number of documents, submission to national
and local government authorities, approval of application submitted,
and receipt of a formal certificate or certificates, permits, licenses
which include primary and secondary, clearances and such similar
authorization or documents which confer eligibility to operate or
continue to operate as a legitimate business;

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DEFINITION OF TERMS
✘ Complex transactions—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;
✘ Fixer—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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DEFINITION OF TERMS
✘ Government service—the process or transaction between
applicants or requesting parties and government offices or
agencies involving applications for any privilege, right, reward,
license, clearance, permit or authorization, concession, or for any
modification, renewal or extension of the enumerated applications
or requests which are acted upon in the ordinary course of
business of the agency or office concerned;
✘ Highly technical application—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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DEFINITION OF TERMS
✘ Nonbusiness transactions— all other government
transactions not falling under Definition (2);
✘ Officer or employee—a person employed in a government
office or agency required to perform specific duties and
responsibilities related to the application or request submitted
by an applicant or requesting party for processing;

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DEFINITION OF TERMS
✘ Processing time—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;
✘ Red tape—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;10
DEFINITION OF TERMS
✘ Regulation—any legal instrument that gives effect to a
government policy intervention and includes licensing, imposing
information obligation, compliance to standards or payment of
any form of fee, levy, charge or any other statutory and
regulatory requirements necessary to carry out activity; and
✘ Simple transactions—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 government11 office.”
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Key features introduced by the EODB Law
✘ 1. Faster Processing of Business Permits and Licenses
✗ - seeks to cut the red tape involved in business registration
and permit renewals.
✘ A unified application form will be required for business permits
and renewals. A one-stop-shop will also be established to house
agencies involved in starting a business, including:
✘ • Treasury
✘ • Business and Licensing Office
✘ • Zoning Office
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Key features introduced by the EODB Law
✘ 2. Standard Turnaround Time for Government Transactions
✘ • All government agencies have to comply with standard
turnaround times for various transactions. These mandated
timeframes range from 3 to 20 business days, depending on the
complexity of the task.
✘ • All applications duly submitted to an agency will be
automatically approved if they fail to process the application
within the prescribed time frame.

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Key features introduced by the EODB Law
✘ 3. Automated Business Registration Process
✘ • To reduce the risk of graft and corruption, all forms will be
moved online, and digital copies of documents will be submitted
electronically
✘ • Licenses and permits can now be printed at home, and this
copy shall have the same authority as a hard copy.

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Key features introduced by the EODB Law
✘ 4. Anti-Corruption Policy
✘ • While this online system is being developed, all government
units engaged in the issuance of business permits and licenses
will implement a zero-contact policy between government
employees and business applicants.
✘ • Government functionaries will anonymously transact with
applicants, with only a case number to identify them with.

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Key features introduced by the EODB Law
✘ 5. Citizen’s Charter
✘ • All government agencies and local government units must
post information billboards containing their most current and
updated service standards.
✘ • A copy of it in English, Filipino, or a vernacular language must
be displayed in a conspicuous area in their respective offices.

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Citizen’s Charter
✘ All government agencies including departments, bureaus, offices,
instrumentalities, or government-owned and/or –controlled
corporations, or local LGUs shall set up their respective most
current and updated service standards to be known as the Citizen’s
Charter in the form of information billboards which shall be posted
at the main entrance of offices or a the most conspicuous place, in
their respective websites and in the form of published materials
written in English, Filipino, or in the local dialect, that detail:

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Citizen’s Charter
✘ A comprehensive and uniform checklist of all the
requirements for each type of application or request
✘ The procedure to obtain a particular service
✘ The person/s responsible for each step
✘ The maximum time needed to accomplish a request
✘ The necessary documents to be presented, if needed
✘ The amount fees of required, if needed
✘ The procedure for filing complaints

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Key features introduced by the EODB Law
✘ 6. Accountability of Heads of Offices and Agencies
✗ The EODB Law prescribes administrative and criminal liability
to the officials and employees who may act inappropriately.
Some of the violations include:
✘ • Refusal to accept and process an application
✘ • Imposition of requirements or fees not listed in the Citizen’s
Charter
✘ • Collusion with fixers
✘ • Missed deadlines
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The World Bank (WB) rates a country’s EODB performance based on 10 indicators
that represent the life cycle of a business:
✘ Starting a Business
✘ Dealing with Construction Permits
✘ Getting Electricity
✘ Registering Property
✘ Getting Credit
✘ Protecting Minority Investors
✘ Paying Taxes
✘ Trading Across Borders
✘ Enforcing Contracts
✘ Resolving Insolvency 21
Enforcement of the Ease of Doing Business
Act
✘ Who responsible for enforcing the
Ease of Doing Business Law in the
Philippines?

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Enforcement of the Ease of Doing Business
Act
✘ The Anti-Red Tape Authority (ARTA)
is responsible for enforcing the Ease
of Doing Business Law in the
Philippines.

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VIOLATIONS & PENALTIES
✘ Violations
✘ 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;

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VIOLATIONS & PENALTIES
✘ Violations
✘ 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 lunch break;
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VIOLATIONS & PENALTIES
✘ Violations
✘ 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.

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VIOLATIONS & PENALTIES
✘ Penalties
✘ FIRST OFFENSE: Administrative liability with six (6)
months suspension. Except for fixing or collusion with
fixers where the Revised Penal Code shall apply.

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VIOLATIONS & PENALTIES
✘ Penalties

✘ SECOND OFFENSE: Administrative and criminal liability


✘ • – Dismissal from the service.
✘ • – Imprisonment of one (1) year to six (6) years.
✘ • – Perpetual disqualification from holding public office.
✘ • – Fine of not less than P500K.
✘ • – Forfeiture of retirement benefits but not more than P2M.

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VIOLATIONS & PENALTIES
✘ Penalties

✘ Any person who commits any act such as but


not limited to bribery, extortion or malicious
solicitation of favor shall be criminally liable and
shall be punished under the Revised Penal Code
and other special laws.
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“Dreams don’t work unless
you do”

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THANKS!
Any questions?
You can find me at @ shiri.daoa@gmail.com

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