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Sunset Review
Sunset Review
2021-06
Section 7 of the Implementing Rules and Regulations of RA 11032 - Review, Impact
Analysis, and Repeal of Regulations “Within six (6) months from the effectivity of the
Rules, all offices, agencies, and local government units covered by Section 3 of the Act,
shall review and harmonize their existing regulations relative to business-related and
non-business transactions and repeal unnecessary and redundant policies to lessen
regulatory burdens, subject to the corresponding guidelines issued by the Authority.”
2.) From: REPUBLIC ACT No. 10121 Philippine Disaster Risk Reduction and
Management Act of 2010 https://www.officialgazette.gov.ph/2010/05/27/republic-act-
no-10121/
Section 27. Sunset Review. – Within five (5) years after the effectivity of this Act, or as
the need arises, the Congressional Oversight Committee shall conduct a sunset review.
For purposes of this Act, the term “sunset review” shall mean a systematic evaluation by
the Congressional Oversight Committee of the accomplishments and impact of this Act,
as well as the performance and organizational structure of its implementing agencies,
for purposes of determining remedial legislation.
Republic Act (RA) No. 8182, also known as the ODA Act of 1996, as amended by RA
8555, mandated NEDA to conduct an annual review of the status of all projects financed
by ODA and identify causes of implementation and completion delays or reasons for
bottlenecks, cost overruns (actual and prospective), and continued project or program
viability. NEDA is required to submit to Congress a report on the outcome of the review
not later than June 30 of each year. The ODA Act complemented NEDA Board
Resolution No. 30 series of 1992, which instructed the NEDA Investment Coordination
Committee (ICC) to review all on-going ODA-funded programs and projects, with the
aim of improving ODA absorptive capacity.
(https://www.oecd.org/gov/regulatory-policy/regulatory-impact-assessment-philippines-
2020.pdf)
In the Philippines, there are some provisions in place for post-legislative scrutiny. For
primary legislation, the Congress, through its committees, has oversight responsibilities
to determine whether the implementation of laws and programmes within their
jurisdictions is in accordance with the intent of Congress and whether they should be
continued, curtailed or eliminated. For subordinate regulations, government
departments and agencies do not generally have a standard procedure for their
organizations to review and evaluate their regulations on their own accord. Often,
government agencies evaluate their own regulations only on an ad hoc basis, for
example in response to public complaints or controversy. Initiatives such as Project
Repeal and the MGR programme have promoted a more systematic approach to
reviewing the stock of regulation. ARTA acknowledges that, even where ex post
evaluation occurs, government agencies are not required to follow through with findings
that may result from their review of regulations (OECD, 2018[69]). With the lack of any
formal or standardised ex post evaluation protocols in the Philippines, the “lifecycle” of
regulations in the country is demonstrably incomplete. The legislative process focuses
on getting laws and issuances approved and implemented. However, there are few
mechanisms to monitor enforcement and systematically analyse results brought about
by these regulations. In addition to the lack of evaluation, many regulations exist without
provisions for a “sunset clause”, which means that regulations have no pre-determined
restrictions on the period of validity and implementation (Abanto, 2019[51]). The lack of
a “sunset clause” means that some regulations become unnecessary or obsolete while
new ones continue to be implemented, adding to the cost and complexity of regulation.
Sunset reviews under section 751(c) of the Act - “No later than once every five years,
the Secretary must determine whether dumping or countervailable subsidies would be
likely to continue or resume if an order were revoked or a suspended investigation were
terminated.”