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EASE OF DOING BUSINESS &

EFFICIENT DELIVERY OF
GOV’T SERVICE DELIVERY
ACT (PART 4)

By: GROUP 4
VIOLATIONS & PERSONS
LIABLE
Refusal to accept application or request with complete requirements being
submitted by an applicant without due cause;

Imposition of additional requirements other than those listed in the


Citizen’s Charter;

Imposition of additional costs not reflected in the Citizen’s Charter;

Failure to give the applicant or requesting party a written notice on the


disapproval ;
VIOLATIONS & PERSONS
LIABLE
Failure to render government services within the prescribed processing time;

Failure to attend to applicants or requesting parties who are within the


premises of the office prior to the end of working hours and during lunch
break;

Failure or refusal to issue official receipts; and

Fixing and/or collusion with fixers.


PENALTIES AND LIABILITIES
First Offense:
Administrative liability with 6 months suspension

Second Offense
Administrative liability and criminal liability with a fine of not less
than PHP 500,000 but not more than PHP 2,000,000

Penalty for fixing


Penalty for the second offense shall be imposed.
PENALTIES AND LIABILITIES
Cumulative Offenses

Same prohibited act/omissions Different prohibited act/omissions

Criminal Liability

Other Liabilities
IMMUNITY, DISCHARGE OF CO-
RESPONDENT OR ACCUSED TO BE A
WITNESS
Voluntarily gives information or who willingly testifies

Discharge may be granted upon application, provided that:

Evidence adducted in support of discharge shall form part of the record


of investigation.
COMMENCEMENT OF ACTIONS,
EVALUATION AND INVESTIGATIONS:
Anti-Red Tape Authority initiate investigation

Referral by other agencies upon investigation be treated as Authority-


initiated action.

Authority record the complaint and conduct an evaluation.


COMPLAINT
Complainant can file either an Initial Complaint or a Formal
Complaint.

A Formal Complaint must be a written statement signed and


notarized by the complainant and supported by evidence.

All other complaints are considered Initial Complaints.


EVALUATION
If the Initial or Formal Complaint is valid within the scope of the Act
or its Rules, the Authority will commence an investigation.

If the complaint does not fall within the scope, it will be referred to
the relevant government agency or disciplining authority.
INVESTIGATION
Investigation includes examining documents submitted by the
complainant, witnesses, and the accused, gathering documentary
evidence, and conducting witness interviews

If the Initial Complaint suggests a probable violation, the Authority


or complainant may execute a Formal Complaint.

Upon submission of a valid Formal Complaint, an investigation is


conducted.
Investigation methods may include requiring counter affidavits or
comments, ex-parte evaluation, or clarificatory meetings.
INVESTIGATION
If initiated by the Authority, a show-cause order is issued to the
accused to explain why no case should be filed.

Failure to submit a response waives the right, and the investigation


proceeds.

If a prima facie case is established, the Authority issues a Final


Complaint, directing filing appropriate cases and recommending
preventive suspension if necessary.

The Authority may conduct preliminary or formal investigations and


recommend penalties.
THANKYOU

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