Legal Basis - RA 9485

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Republic Act of 9485

T h e A n ti - R e d Ta p e A c t
of 2007

09/09/2022 1
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What is RED TAPE?

-“RED TAPE” was


derived from the red ribbon
once used in England to tie
folders of legal documents.

- Adopted from
expressions of those waiting
“More damned red
tape,” or “More red tape,
more
delay.”
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WHAT IS
ANTI-RED TAPE act of 2007?

An Act to IMPROVE EFFICIENCY in the


delivery of government service to the PUBLIC
by REDUCING BUREAUCRATIC RED TAPE,
preventing graft and corruption, and providing
penalties therefor.

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RA 9485 FACTS
Q.1. What is the Constitutional basis of Anti-Red Tape Act of 2007?
A.1. As stated in Article II, Section 27 of the 1987 Constitution,
the State shall maintain honesty and integrity in the public service
and shall take positive and effective measures against graft and
corruption

Q.2. When was the Anti- Red Tape Act of 2007 enacted?
A.2. The Act was signed into law by President Gloria Macapagal-Arroyo
on June 2, 2007.

Q.3. What bills constituted the Anti-Red Tape Act of 2007?


A.3. The Act is a consolidation of Senate Bill No. 2589 and House Bill
No. 3776. The bills were passed by the Senate and House of
Representatives on February 8, 2007 and February 20, 2007,
respectively.

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RA 9485 FACTS
Q.4. Who authored Senate Bill No. 2589 and House Bill No. 3776?
A.4. Senators Juan M. Flavier, Edgardo J. Angara, Aquilino Q. Pimentel Jr.,
Panfilo M. Lacson and Congressmen Jose de Venecia, Reps. Rodriguez
Dadivas, Ace Barbers, Eduardo Zialcita, Rey Aquino, Edgar Chatto,
and Florencio G. Noel, respectively.

Q.5. Why was Anti-Red Tape Act of 2007 passed?


A.5. The Act was passed in response to the urgent need to
establish an effective system that will eliminate bureaucratic red
tape, avert graft and corrupt practices and improve efficiency of
delivering government frontline service.

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RA 9485 FACTS
Q.6. Which agencies are responsible in implementing this Act and its Implementing
Rules and Regulations (IRR)?
A. 6. An oversight committee composed of Civil Service Commission (CSC) as head

and Office of the Ombudsman (OMB), Presidential Anti-Graft Commission


(PAGC) and Development Academy of the Philippines (DAP), as members, shall ensure the
effective implementation of this Act.
Q.7. Who is tasked to promulgate the IRR?
A. 7. The CSC together with DAP, OMB and PAGC shall
promulgate the necessary rules and regulations within ninety (90)
days from the effectivity of this Act. (Section 16, RA 9485).

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RA 9485 Coverage
- all government offices and agencies including
local government units and government-owned and
controlled corporations with or without original
charter that provide frontline services.
RA 9485 Exemption
-Those performing judicial, quasi-judicial and legislative functions
are excluded from coverage but their respective frontline
services
09/09/2022 are included (Section 3, RA 9485).
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RA 9485 LIST OF TERMS

A. ACTION
B. COMPLEX TRANSACTIONS
C. FIXER
D. FIXING
E. FRONTLINE SERVICE
F. IRRELEVANT REQUIREMENTS
G. OFFICER OR EMPLOYEE
H. PUBLISHED MATERIALS
I. SIMPLE TRANSACTIONS
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A. ACTION
Written approval or disapproval
made by a government office or
agency on the application or
request submitted by a client for
processing.

B. COMPLEX
TRANSACTIONS
Requests or applications
submitted by clients of a
government office which
necessitate the use of discretion in
the resolution of complicated
issues by an officer or employee of
said government office, such
transaction to be determined by
09/09/2022
the office concerned.
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C. 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.

D. F I X I N G
A ct that involves undue facilitation
of transactions for pecuniary gain or
other advantage.

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E. F RON T LI NE SE RV ICE
 Process or transaction between clients and government
offices or agencies involving applications for any privilege,
right, permit, reward, license, concession, or for any
modification, renewal or extension of the enumerated
applications and/or requests which are acted upon in the
ordinary course of business of the agency or office
concerned.
F. IR REL EVAN T REQUIRE M EN TS
Any document or performance of
an act not directly material to the
resolution of the issues raised in
the request or needed in the
application submitted by the client.

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G . O F F I C E R O R E M P L OY E E
 Person employed in a government office or
agency required to perform specific duties and
responsibilities related to the application or
request submitted by a client for processing.
H . P U B L I S H E D M AT E R I A L S
 Printed, computer-generated, or photocopied
materials, and procedural manuals/flowcharts,
made available to the public or uploaded in the
official government websites, containing the
basic information on accessing the frontline
services.
I. SIMPLE TRANSACTIONS
 Requests or applications submitted by clients 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
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W h a t d o e s t h e A n ti - R e d Ta p e A c t o f 2 0 0 7 w a n t s t o
achieve?

The Act aims to promote transparency by requiring each


agency to simplify frontline service procedures,
formulate service standards to observe in every
transaction and make known these standards to the
client.

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Responsibiliti es Under RA 9485
RESPONSIBILITIES OF WHY DO THE AGENCIES OR
AGENCIES OFFICES NEED TO DO THESE
1. Determine which processes or These processes serve the
transactions constitute purpose of reducing and
frontline services simplifying the following:
2. Undertake reengineering of  Steps in providing the service
transaction systems and  Forms used
procedures, including time and  Requirements
motion studies, if necessary and  Processing time
after compliance  Fees and charges

3. Set-up their respective service


standards to be known as Citizen’s
Charter
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SIGNATURES
5 Signatories MAX
I N T H E A B S E N C E O F T H E R E G U L A R S I G N AT O R Y:

a) If there is only one official next in rank,


he/she shall automatically be the
signatory

b) If there are 2 or more officials next


in rank, the appropriate office order shall prescribe the order of
priority among the
officials next in rank within the same organizational
unit

c) If there is no official next in rank present


and available, the head of the department, office or agency shall
designate an officer-in-charge from among the
next lower rank in the
same unit
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Who must provide
assistance? Who shall Monitor?
The Civil Service The Civil Service
Commission (CSC) and Commission (CSC)
Development through its Regional
Academy of the Offices and Field Offices
Philippines (DAP)
A task force, constituted by the
head of office or agency, shall
prepare the Citizen’s Charter. Its How Does it Look like?
drafting should take into
consideration the stakeholders, It shall be in the form of
users and beneficiaries of the billboards or published
frontline services. Non-government materials written either
organizations and concerned in English, Filipino or in
groups should be encouraged to the local dialect.
participate during the consultative
formulation of the Charter.

CITIZEN’S CHARTER
Is an official document, a
service standard, or a
pledge, that
communicates
Citizens may not only refer to information on the Where should it be posted?
citizens of the Republic of the services provided by the
Philippines but also all the It should be posted at the main
concerned government entrance of offices, or at the
stakeholders, including users, agency to the public.
beneficiaries, other government most conspicuous place
offices and agencies and the
transacting public.

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WHAT ARE INCLUDED IN THE CITIZEN’S CHARTER?

1. Vision and Mission of the office or agency

2. Identification of the frontline services offered

3. Clients

4. Step-by-step procedure to obtain a service

5. Officer or employee responsible for each step

6. Maximum time to conclude the process

7. Documents to be presented by the client and why they are


Needed
8. Amount of Fees

9. Procedure for Filing Complaints

10. Names and contact details of the officials whom clients can
file complaints to
11. Allowable period for extension due to unusual circumstances

12. Contact numbers to call for recommendations, inquiries,


suggestions as well as complaints
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WHAT ARE THE RESPONSIBILITIES
OF THE AGENCY/ OFFICE HEADS

He/she shall be He/she shall


He/she shall be
held grant permit or He/she shall He/she shall
responsible for
accountable to clearance for all formally issue monitor and
the
the public in transactions and release the review the
implementation
rendering having his/her Citizen’s implementation
of this act in
efficient and jurisdiction in Charter. of the Charter.
his/her agency.
reliable service. his/her agency

FAILURE TO COMPLY = CRIMINAL AND


ADMINISTRATIVE CHARGES MAY BE FILED AGAINST THE
AGENY HEAD BEFORE THE APPROPRIATE FORUM
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F RO NT L I NE S E RV I C ES :
a cc e ss in g f rontli ne s e r vi c e

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How does an
FAQS
• The responsible officer shall acknowledge
o ffi c e r / e m p l o y e e receipt of an application or request through
acknowledge receipt of an writing, indicating the officer ’s name, his/her
a p p l i c a ti o n o r r e q u e s t f r o m organizational unit and date and time of
a client? receipt.

• The responsible officer performs preliminary


H o w d o e s a n o ffi c e r a s s e s s assessment of the request and evaluates the
sufficiency of submitted requirements for the
the requests or request or application taking into
a p p l i c a ti o n s ? consideration the response time needed for
the transaction.

• should not be longer than five (5) working


How long must it take for
days for simple transactions and ten (10)
a p p l i c a ti o n s o r r e q u e s t s t o working days for complex transactions from
be acted upon? the date of receipt.

• Yes. Agencies are allowe d to ex te nd re sponse


time provided that there are unusual
A r e a g e n c i e s / o ffi c e s a l l o w e d circumstances. The office concerned shall
t o e x t e n d r e s p o n s e ti m e ? notify the requesting party in writing of the
reason for the extension and the final date of
release of the service requested.

• When an office or agency fails to act upon the application for renewal
of permit, license or authority within the prescribed period, the said
W h a t i s a u t o m a ti c permit, license or authority shall be automatically extended until a
extension? decision is rendered on the application for renewal. The applicant shall
09/09/2022 be informed
Photo prior to the expiration of the original period that more 21
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is required to evaluate the application.
FAQS
What if the • A formal notice should be sent by the
officer/employee who rendered the decision
application or to the requesting party within five (5)
working days indicating the reason for
request was disapproval and including the list of
requirement/s which the client failed to
disapproved? submit.

What should the


requesting party • The requesting party may opt to file complaints against the
office/ agency through the grievance mechanisms indicated in
do if he/she the Citizen’s Charter. These can be in the form of hotline
numbers, short message service or information communication
disagrees with the technology or other mechanisms by which clients can
adequately express their complaints, suggestions or comments.
action?
What about offices
or agencies which • The same rules apply for those offices
use computer- which allow computer-based access to
frontline services.
based
transactions?
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One of the grievance mechanisms
required for all officers/agencies,
where an officer knowledgeable on the WALK-IN
frontline services offered shall be ONE-STOP
COUNTERS SHOPS
available for consultation and advice.
The desk shall be attended to at all
times even during office breaks.
SPECIAL
LANES FOR
PWSD

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Are officers or employees required to
attend to clients even during office
breaks?

YES!

Offices must devise appropriate working


schedules to attend to and serve clients who
are within their premises prior to the end of
official working hours and even during lunch

YES break and after regular hours.

They may opt to provide frontline services as


early as 7 in the morning and as late as 7 in
the evening to adequately attend to all
clients.

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Strategies to eff ecti vely cater
to the clients’ needs
Provide
skeletal
personnel
during
Reliever
lunch and
System esp.
snack time
Sliding flexi- in peak
time times of
Adopt transaction
Rotation
System of
Personnel

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I n l i e u o f I D c ard s ,
n am e p l ate s a re va l i d

ID/
Should nameplates Must
be wor n b e e a sy
to read
duri ng BY T H E
offi c e CLIENT
hours S
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REPORT CARD SURVEY
To provide critical evaluation of
the office or agency, or its
personnel
PURPOSE
To check clients’ satisfaction,
operational efficiency and
areas vulnerable to corruption;

To highlight best practices

To provide incentives for


excellent service delivery

To give recommendations for


improvement in problem areas
09/09/2022 and inefficiencies.
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DISCIPLINARY ACTION
LIGHT OFFENSE FOR ERRING PUBLIC OFFICIALS
Refusal to accept application and/or request
within the prescribed period or any
document submitted by the client Failure to act on an application and/or
request or failure to refer back to the
client a request which cannot be acted
upon due to lack of requirements within
Failure to attend to clients who are the prescribed period
within the premises of the office
or agency concerned prior to the
end of the working hours and
during lunch break Failure to render frontline
services within the
prescribed period on an
Failure to give the client a written notice application and/or request
on the disapproval of an application or without due cause
request

Imposition of additional irrelevant


requirements other than those listed

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P E N A LT I E S F O R L I G H T O F F E N S E S

1. First offense – 30 days suspension without pay and


mandatory attendance in Values Orientation Program
2. Second offense – Three (3) months suspension
without pay
3. Third offense – Dismissal and perpetual
disqualification from public service
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GRAVE OFFENSE FOR ERRING PUBLIC
OFFICIALS

GRAVE OFFENSE:
PENALTY:
Fixing and/or collusion with fixers
in consideration of economic Dismissal and perpetual
and/or other gain or advantage disqualification from
which can be committed by public service.
insiders or outsiders of the office

Individuals charged with administrative complaints


under this Act can be also filed with other charges
arising from the same act. Those who are filed with
administrative charges under this Act can also be
filed with other criminal, civil, or other related
charges arising from the same act or omission.
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PENALTIES FOR fixers
Fixers can be
charged with
imprisonment not
exceeding six (6)
years

Or fine of not
less than 20,000
pesos but not
more than
200,000 pesos Who has administrative
jurisdiction over appointive
or both fine and public officials?
imprisonment at Non-Presidential:
the discretion of Civil Service Commission (CSC)
the court. Office of the Ombudsman (OMB)
Presidential:
Office of the Ombudsman (OMB)
Presidential Anti-Graft
Commission (PAGC)
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THANK YOU!!

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REFERENCES
1. Primer on RA 9485: The Anti-Red Tape Act of
2007, LGA DILG, Pasig City, 2008

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