PHILIPPINE ADMINISTRATIVE SYSTEM

MPA 201
Sergio G. Imperio
St. Paul University Philippines
simperio@spup.edu.ph
09068434408
 acquaintance
• Name
• Undergrad course,
• Employer/agency/ years in service
• Reason for taking up MPA
 COURSE DESCRIPTION
• This course deals with the nature,
processes and dynamics of the Philippine
administrative system and its role in
national development.
 OBJECTIVES
• At the end of the course, the students are expected to:

• explain the nature, purpose and importance of public

administration;
• trace the development of the present Philippine
administrative system from its pre-Hispanic roots to the
present;
• Discuss the cultural, geographical, environmental , legal and
other factors that influence public administration
• discuss how the Philippine administrative system addresses
various needs of the country and its citizens;
 OBJECTIVES
• critically examine and analyze the formal
structure, processes and dynamics of the
Philippine administrative system;
• manifest appreciation of the government’s
quest to improve the public administrative
system and public service delivery.
 COURSE OUTLINE
• I. PUBLIC ADMINISTRATION IN GENERAL
• II. HISTORICAL ROOTS AND INFLUENCES TO THE
DEVELOPMENT OF PHILIPPINE PUBLIC
ADMINISTRATION
• III. CULTURAL, ENVIRONMENTAL,
GEOGRAPHICAL, LEGAL , and other FACTORS
INFLUENCING PUBLIC ADMINISTRATION
• III. CURRENT STATUS AND DEVELOPMENTS OF
THE PHILIPPINE PUBLIC ADMINISTRATION
 Outline in Detail
• I. PUBLIC ADMINISTRATION IN GENERAL
• Various definitions of P.A.
• Importance of P.A.
 Outline in Detail
• II. HISTORICAL ROOTS AND INFLUENCES TO THE
DEVELOPMENT OF PHILIPPINE PUBLIC
ADMINISTRATION
• Pre-Hispanic Influences
• Spanish Conquest and Colonization
• American Period ; World War 2; post-WW2
• Marcos Era: pre-martial law; martial law, pre-
EDSA revolution
• EDSA Revolution to Present
 OUTLINE IN DETAIL
• III. CULTURAL, ENVIRONMENTAL,
GEOGRAPHICAL, LEGAL , OTHER FACTORS
INFLUENCING PUBLIC ADMINISTRATION
 Outline in detail
• IIII. CURRENT STATUS AND DEVELOPMENTS OF
THE PHILIPPINE PUBLIC ADMINISTRATION
• Basic facts about the present Philippine
Bureaucracy
• The Characteristics of Philippine Bureaucracy
at Present
• Reforming the Philippine Administrative
System
 Requirements
• Class standing – 20 %
• Research- 40 %
• Final exam – 40%
I. PUBLIC ADMINISTRATION IN GENERAL
What comes to mind when you hear the word
“public administration”?
 “Administration"
• Latin “administrate”: to care for ,
to look after people, to manage
affairs
Public definition: some definitions
• Public administration consists of all those
operations having for their purpose the
fulfillment or enforcement of public policy.
• - L.D. White
• Public administration is a detailed and
systematic application of law.
• -W. Wilson
• “Administration is the organization and
use of men and materials to accomplish
a purpose. It is the specialized vocation
of managers who have skills of
organizing and directing men and
materials just as definitely as the
engineer has the skill of building
structure or a doctor has the skill of
understanding human ailments”.
• - James L. McCanny :
 Why is it important?
• “Administration has to do with getting things
done; with the accomplishment of defined
objectives”.
• - Luther Gulick
Public administration and politics
• WHAT IS THEIR CONNECTION?
 II Philippine facts and figures

• GEOGRAPHY: An archipelago of 7,107 islands

flanked by the Pacific Ocean and the South
China Sea, and often an entryway for Pacific
storms blowing into Asia. The nation has a
tropical climate.
• PEOPLE: Population of more than 100
million, mostly descendants of settlers
from Southeast Asia and Indonesia, with
a large Chinese minority.
• RELIGION: About 80 percent
are Roman Catholic, most others are
Protestant and about 5 percent are Muslim.
• LANGUAGE: Filipino, a Malay language based
on Tagalog, is the predominant language.
English, the second official language, is widely
used in business and government.
 III. HISTORICAL ROOTS AND INFLUENCES IN THE
DEVELOPMENT OF PHILIPPINE PUBLIC ADMINISTRATION/
PHILIPPINE GOVERNMENT
• WHAT EVENTS OR ERAS IN
PHILIPPINE HISTORY GREATLY
AFFECTED THE DEVELOPMENT OF
THE PHILIPPINE ADMINISTRATIVE
SYSTEM?
 Pre-Hispanic Influences

• “barangays”
• Datu; rajah; sultan
• Close family ties
• Importance of the clan
• Fiercely independent people
 Spanish Conquest and Colonization

• Christianization of the natives

• The once-independent barangays evolved into
towns and provinces united by their allegiance
to Spain and the Roman Catholic Church
• Datus evolved to become cabezas de barangays,
whose primary task is taxation
• The people were taught to be submissive and
obedient; indirectly through the influence of the
Sto Nino and the Nazareno
 Spanish Conquest and Colonization

• As colony, the islands became sources of

tobacco, sugar, etc products the colonizer
needed
• The people experienced forced labor,
discrimination, marginalization
• Signs of an evolving nationalistic spirit----
revolts, KKK, eventually Philippine
independence
 American Period ; World War 2; post-WW2

• First Philippine Republic with Aguinaldo as

President was short-lived
• Treaty of Paris: Spain “sold” the Philippines to
the United States ($20million?)
• Philippine-American War; defeat of the
Filipinos; start of American “colonization” of
the Philippines
American Period ; World War 2; post-WW2

• The Americans “sowed” the seeds of

democracy and “prepared” the Filipinos for
real independence
• Reform of the educational system to cater to
the masses (before education was exclusive;
now it is “public”)
• Commissions were formed ; the best and
brightest Filipinos were sent to US to study to
become future leaders of the country
American Period ; World War 2; post-WW2

• Drawback: “americanization” of our policies so

as to benefit our “liberator” and “mentor”
• E.g.: Bell Trade Act
• Japanese Occupation during WW2
• Liberation in 1946; the country in ruins; focus
on rebuilding the country out of the ashes of
war; thus, emphasis on economic
development over social development
 Bell Trade Relations Act
• 1946
• also known as the Philippine Trade Act
• provided free trade with the United States
until 1954
• was a precondition to the granting of
independence by the United States.
• set quotas on Philippine exports to the U.S.
• pegged the Philippine peso to the U.S. dollar
at a rate of 2:1,
• provided for free trade between the two
countries for 8 years, to be followed by
gradual application of tariffs for the next 20
years.
• It also provided Parity Rights to
the Americans, which allowed
them to exploit, dispose, and
develop all natural resources in
the country, as well as control of
all public utilities.
• These measures were deemed as
prerequisites in the Tydings Rehabilitation Act
to the release of the amount of $620 million
for a much -needed post-World War II
reconstruction.

• On March 17, 1947, the amendments to the

Constitution were approved in order to
accommodate the provisions of the Bell Trade
Act.
 Post-war; Marcos Era 1960’s- 1970’s
• Loans from the International Monetary Fund
• Rise of Marcos to power; declares martial law to save
the country from communism
• 1972: creation of the NEDA to overhaul the economy
towards industrialization
• Marcos takes over big industries from people opposed
to him (favoring his cronies)
• 1973: constitution “ratified” by barangay assemblies-
parliamentary system
• 1974-1979: economic efforts are ineffective (WB)
 Trade agreements and foreign debts
• Structural adjustment (SA) is the process of
changing certain economic and financial
practices of a country in order to get it out of a
deficit.
• Another aim of SA is growth for a poor
country.
 Trade agreements and foreign debts
• In the Philippines, SA has been part and parcel
of preconditions prior to the granting of
financial assistance from partner countries
and international financial institutions.
• These measures : austerity measures,
liberalization, currency devaluation, tight
money supply, high interest rates for loans,
and privatization.
 1980:
• The WB offers the Philippines its first
Structural Adjustment Loan
• $200 million
• Marcos accepts
• Structural adjustment Program 1 was
Implemented for 3 years
 1983:
• death of Ninoy Aquino;
• economy worsens
• Marcos borrows another 200million
• Structural Adjustment Program 2 was
implemented
 EDSA REVOLUTION-PRESENT
• 1986
• Marcos deposed; Cory Aquino takes
over
• Philippines debt: $26Billion
 1986
• Aquino’s response: honorable debtor
• -pay all debts including those utilized in useless
projects/programs
• Effect: oil price hikes, freeze hiring of
government employees, budget cuts for infra,
anti-poor taxes
• POLITICAL REFORM: 1987 constitution,
restoration of democracy; the local
government code; administrative code of 1987
 1991-1992
• 21st SA called Economic Stabilization Program
implemented; (neoliberalism!)
• the 3rd under Aquino
• Effects: reduction of government spending,
less infrastructure, freeze in the hiring of new
government employees, lay-offs, reduction of
budgets for government agencies, and the
removal of subsidies for rice and fuel oil
• Cory Aquino: restoration of democracy
• Fidel Ramos: Philippines 2000
• Erap Estrada: Erap para sa mahirap
• Gloria Arroyo: Matatag na Republika
• Noynoy Aquino: Matuwid na Daan
• Rodrigo Duterte: Ambisyon 2022, BUILD BUILD
BUILD
Legal factors
EO 292- ADMINISTRATIVE CODE
OF THE PHILIPPINES
• BOOK I :SOVEREIGNTY AND GENERAL ADMINISTRATION

• CHAPTER 1: THE NATIONAL TERRITORY

• Section 3. What Comprises National Territory. - The national territory

comprises the Philippine archipelago, with all the islands and waters
embraced therein, and all other territories over which the Philippines
has sovereignty or jurisdiction, consisting of its terrestrial, fluvial, and
aerial domains, including its territorial sea, the seabed, the subsoil, the
insular shelves, and other submarine areas. The waters around,
between, and connecting the islands of the archipelago, regardless of
their breadth and dimensions, form part of the internal waters of the
Philippines.

• Section 4. Territorial Subdivision of the Philippines. - The territorial and

political subdivisions of the Philippines are the autonomous regions,
provinces, subprovinces, cities, municipalities and barangays.
• CHAPTER 2: THE PEOPLE

• Section 5. Who are Citizens. - The following are the citizens of the
Philippines:

• (1) Those who are citizens of the Philippines at the time of the
adoption of the Constitution;

• (2) Those whose fathers or mothers are citizens of the Philippines;

• (3) Those born before January 17, 1973, of Filipino mothers, who
elect Philippine citizenship, unless by the act or omission they are
deemed, under the law, to have renounced it.

• (4) Those who are naturalized in accordance with law.

• CHAPTER 2: THE PEOPLE

• Section 6. Effect of Marriage. - Citizens of the Philippines who marry

aliens shall retain their citizenship, unless by their act or omission they
are deemed, under the law, to have renounced it.

• Section 7. Natural-born Citizen. - Natural-born citizens are those who are

citizens of the Philippines from birth without having to perform any act
to acquire or perfect their Philippine citizenship. Those who elect
Philippine citizenship in accordance with the Constitution shall be
deemed natural-born citizens.

• Section 8. Loss or Reacquisition of Citizenship. - Philippine citizenship

may be lost or reacquired in the manner provided by law.

• Section 9. Dual Allegiance. - Dual allegiance is inimical to the national

interest and shall be dealt with by law.
• CHAPTER 3 : STATE IMMUNITY FROM SUIT

• Section 10. Non-suability of the State. - No suit shall lie

against the State except with its consent as provided by law.

• Section 11. The State's Responsibility for Acts of Agents. -

• (1) The State shall be legally bound and responsible only

through the acts performed in accordance with the
Constitution and the laws by its duly authorized
representatives.

• (2) The State shall not be bound by the mistakes or errors of

its officers or agents in the exercise of their functions.
• General Principles Governing Public Officers

• SECTION 32. Nature of Public Office.—Public office is a

public trust. Public officers and employees must at all times
be accountable to the people, serve them with the utmost
responsibility, integrity, loyalty and efficiency, act with
patriotism and justice, and lead modest lives.

• SECTION 33. Policy on Change of Citizenship.—Public

officers and employees owe the State and the Constitution
allegiance at all times, and any public officer or employee
who seeks to change his citizenship or acquire the status of
an immigrant of another country during his tenure shall be
dealt with by law.
• SECTION 34. Declaration of Assets, Liabilities and Net Worth.—
A public officer or employee shall, upon assumption of office
and as often thereafter as may be required by law, submit a
declaration under oath of his assets, liabilities, and net worth.

• SECTION 35. Ethics in Government.—All public officers and

employees shall be bound by a Code of Ethics to be
promulgated by the Civil Service Commission.

• SECTION 36. Inhibition Against Purchase of Property at Tax

Sale.—No officer or employee of the government shall
purchase directly or indirectly any
• SECTION 37. Powers Incidental to Taking of Testimony.—When authority to take
testimony or receive evidence is conferred upon any administrative officer or any
non-judicial person, committee, or other body, such authority shall include the power
to administer oaths, summon witnesses, and require the production of documents by
a subpoena duces tecum.

• SECTION 38. Liability of Superior Officers.—(1) A public officer shall not be civilly
liable for acts done in the performance of his official duties, unless there is a clear
showing of bad faith, malice or gross negligence.

• (2) Any public officer who, without just cause, neglects to perform a duty within a
period fixed by law or regulation, or within a reasonable period if none is fixed, shall
be liable for damages to the private party concerned without prejudice to such other
liability as may be prescribed by law.

• (3) A head of a department or a superior officer shall not be civilly liable for the
wrongful acts, omissions of duty, negligence, or misfeasance of his subordinates,
unless he has actually authorized by written order the specific act or misconduct
complained of.
• SECTION 39. Liability of Subordinate Officers.
—No subordinate officer or employee shall be
civilly liable for acts done by him in good faith
in the performance of his duties. However, he
shall be liable for willful or negligent acts done
by him which are contrary to law, morals,
public policy and good customs even if he
acted under orders or instructions of his
superiors.
 RA 6713
• Code of Conduct and Ethical Standards for
Public Officials and Employees
• Section 4
 Norms….
• a) Commitment to public interest. - Public
officials and employees shall always uphold
the public interest over and above personal
interest. All government resources and powers
of their respective offices must be employed
and used efficiently, effectively, honestly and
economically, particularly to avoid wastage in
public funds and revenues.
• (b) Professionalism. - Public officials and
employees shall perform and discharge their
duties with the highest degree of excellence,
professionalism, intelligence and skill. They
shall enter public service with utmost
devotion and dedication to duty. They shall
endeavor to discourage wrong perceptions of
their roles as dispensers or peddlers of undue
patronage.
• (c) Justness and sincerity. - Public officials and employees shall
remain true to the people at all times. They must act with justness
and sincerity and shall not discriminate against anyone, especially
the poor and the underprivileged. They shall at all times respect the
rights of others, and shall refrain from doing acts contrary to law,
good morals, good customs, public policy, public order, public safety
and public interest. They shall not dispense or extend undue favors
on account of their office to their relatives whether by
consanguinity or affinity except with respect to appointments of
such relatives to positions considered strictly confidential or as
members of their personal staff whose terms are coterminous with
theirs.
• (d) Political neutrality. - Public officials and
employees shall provide service to everyone
without unfair discrimination and regardless
of party affiliation or preference.
• (e) Responsiveness to the public. - Public officials and
employees shall extend prompt, courteous, and adequate
service to the public. Unless otherwise provided by law or
when required by the public interest, public officials and
employees shall provide information of their policies and
procedures in clear and understandable language, ensure
openness of information, public consultations and hearings
whenever appropriate, encourage suggestions, simplify and
systematize policy, rules and procedures, avoid red tape and
develop an understanding and appreciation of the socio-
economic conditions prevailing in the country, especially in
the depressed rural and urban areas.
• (f) Nationalism and patriotism. - Public officials
and employees shall at all times be loyal to the
Republic and to the Filipino people, promote
the use of locally produced goods, resources
and technology and encourage appreciation
and pride of country and people. They shall
endeavor to maintain and defend Philippine
sovereignty against foreign intrusion.
• (g) Commitment to democracy. - Public officials and
employees shall commit themselves to the democratic way of
life and values, maintain the principle of public accountability,
and manifest by deeds the supremacy of civilian authority
over the military. They shall at all times uphold the
Constitution and put loyalty to country above loyalty to
persons or party.

• (h) Simple living. - Public officials and employees and their

families shall lead modest lives appropriate to their positions
and income. They shall not indulge in extravagant or
ostentatious display of wealth in any form.
 Duties… section 5
• (a) Act promptly on letters and requests. - All
public officials and employees shall, within
fifteen (15) working days from receipt thereof,
respond to letters, telegrams or other means
of communications sent by the public. The
reply must contain the action taken on the
request.
 Duties… section 5

• (b) Submit annual performance reports. - All heads

or other responsible officers of offices and agencies
of the government and of government-owned or
controlled corporations shall, within forty-five (45)
working days from the end of the year, render a
performance report of the agency or office or
corporation concerned. Such report shall be open
and available to the public within regular office
hours.
 Duties… section 5

• (c) Process documents and papers expeditiously. -

All official papers and documents must be
processed and completed within a reasonable
time from the preparation thereof and must
contain, as far as practicable, not more than three
(3) signatories therein. In the absence of duly
authorized signatories, the official next-in-rank or
officer in charge shall sign for and in their behalf.
 Duties… section 5
• (d) Act immediately on the public's personal
transactions. - All public officials and
employees must attend to anyone who wants
to avail himself of the services of their offices
and must, at all times, act promptly and
expeditiously.
 Duties… section 5
• (e) Make documents accessible to the public. -
All public documents must be made accessible
to, and readily available for inspection by, the
public within reasonable working hours.
 Local government code (RA 7160)
• It provides for a more responsive local
government structure instituted through a
system of decentralization whereby Local
Government Units are delegated more
powers, authority, responsibilities and
resources. .
 Services:
• Among the social services and facilities that local
government should provide, as stipulated in Section
17 of the Local Government Code, are the following:

• facilities and research services for agriculture and fishery

activities, which include seedling nurseries, demonstration
farms, and irrigation systems;
• health services, which include access to primary health
care, maternal and child care, and medicines, medical
supplies and equipment;
 Services:

• social welfare services, which include

programs and projects for women, children,
elderly, and persons with disabilities, as well
as vagrants, beggars, street children, juvenile
delinquents, and victims of drug abuse;
• information services, which include job
placement information systems and a public
library;
 Services:

• a solid waste disposal system or

environmental management system;
• municipal/city/provincial buildings,
cultural centers, public parks,
playgrounds, and sports facilities and
equipment;
 Services:
• infrastructure facilities such as roads,
bridges, school buildings, health clinics,
fish ports, water supply systems, seawalls,
dikes, drainage and sewerage, and traffic
signals and road signs;
• public markets, slaughterhouses, and
other local enterprises;
 Services:
• public cemetery;
• tourism facilities and other tourist
attractions; and
• sites for police and fire stations and
substations and municipal jail.
 Mandanas Ruling
• As a result of the Mandanas Ruling by the
Supreme Court in 2018 (and confirmed in
2019) the IRA are programmed to increase by
55 percent in the 2022 budget, reaching
Php1.08 trillion or 4.8 percent of the country’s
gross domestic product compared to 3.5
percent of GDP in 2021.
• REPUBLIC ACT NO. 9485

• 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

• SECTION 1. Short Title. — This Act shall be

known as the “Anti-Red Tape Act of 2007.”
• SEC. 5. Reengineering of Systems and
Procedures. — All offices and agencies which
provide frontline services are hereby
mandated to regularly undertake time and
motion studies, undergo evaluation and
improvement of their transaction systems and
procedures and re-engineer the same if
deemed necessary to reduce bureaucratic red
tape and processing time.
• SEC. 6. Citizen’s Charter. — All government agencies including
departments, bureaus, offices, instrumentalities, or government-
owned and/or controlled corporations, or local government or
district units shall set up their respective service standards to be
known as the Citizen’s Charter in the form of information
billboards which should be posted at the main entrance of offices
or at the most conspicuous place, and in the form of published
materials written either in English, Filipino or in the local dialect,
that detail:

• (a) The procedure to obtain a particular service;

• (b) The person/s responsible for each step;
• (c) The maximum time to conclude the process;
• (d) The document/s to be presented by the customer, if necessary;
• (e) The amount of fees, if necessary; and
• (f) The procedure for filing complaints.
• SEC. 7. Accountability of the Heads of Offices and
Agencies. — The head of the office or agency shall
be primarily responsible for the implementation of
this Act and shall be held accountable to the public
in rendering fast, efficient, convenient and reliable
service. All transactions and processes are deemed
to have been made with the permission or
clearance from the highest authority having
jurisdiction over the government office or agency
concerned.
• SEC. 8. Accessing Frontline Services. — The following shall be
adopted by all government offices and agencies:

• (a) Acceptance of Applications and Requests — (1) All officers or

employees shall accept written applications; requests, and/or
documents being submitted by clients of the office or agency.

• (2) The responsible officer or employee shall acknowledge

receipt of such application and/or request by writing or printing
clearly thereon his/her name, the unit where he/she is
connected with, and the time and date of receipt.

• (3) The receiving officer or employee shall perform a

preliminary assessment of the request so as to promote a more
expeditious action on requests.
• (b) Action of Offices — (1) All applications and/or requests
submitted shall be acted upon by the assigned officer or
employee during the period stated in the Citizen’s Charter
which shall not be longer than five working days in the case of
simple transactions and ten (10) working days in the case of
complex transactions from the date the request or application
was received. Depending on the nature of the frontline services
requested or the mandate of the office or agency under unusual
circumstances, the maximum time prescribed above may be
extended. For the extension due to the nature of frontline
services or the mandate of the office or agency concerned, the
period for the delivery of frontline services shall be indicated in
the Citizen’s Charter. The office or agency concerned shall notify
the requesting party in writing of the reason for the extension
and the final date of release for the extension and the final date
of release of the frontline service/s requested.
• (2) No application or request shall be returned to
the client without appropriate action. In case an
application or request is disapproved, the officer
or employee who rendered the decision shall
send a formal notice to the client within five
working days from the receipt of the request
and/or application, stating therein the reason for
the disapproval including a list of specific
requirements which the client failed to submit.
• (c) Denial of Request for Access to
Government Service — Any denial of request
for access to government service shall be fully
explained in writing, stating the name of the
person making the denial and the grounds
upon which such denial is based. Any denial of
request is deemed to have been made with
the permission or clearance from the highest
authority having jurisdiction over the
government office or agency concerned.
• (d) Limitation of Signatories — The number of
signatories in any document shall be limited to a
maximum of five signatures which shall represent
officers directly supervising the office or agency
concerned.

• (e) Adoption of Working Schedules to Serve Clients —

Heads of offices and agencies which render frontline
services shall adopt appropriate working schedules to
ensure that all clients who are within their premises
prior to the end of official working hours are attended
to and served even during lunch break and after
regular working hours.
• (f) Identification Card — All employees
transacting with the public shall be provided
with an official identification card which
should be visibly worn during office hours.

• (g) Establishment of Public

Assistance/Complaints Desk — Each office or
agency shall establish a public
assistance/complaints desk in all their offices.
• SEC. 9. Automatic Extension of Permits and Licenses. — If a
government office or agency fails to act on an application
and/or request for renewal of a license, permit or authority
subject for renewal within the prescribed period, said
permit, license or authority shall automatically be extended
until a decision or resolution is rendered on the application
for renewal: Provided, That the automatic extension shall
not apply when the permit, license, or authority covers
activities which pose danger to public health, public safety,
public morals or to public policy including, but not limited
to, natural resource extraction activities.
• SEC. 11. Violations. — After compliance with the substantive and
procedural due process, the following shall constitute violations
of this Act together with their corresponding penalties:

• (a) Light Offense — (1) Refusal to accept application and/or

request within the prescribed period or any document being
submitted by a client;

• (2) 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 requirement’s within the prescribed period;

• (3) Failure to attend to clients who are within the premises of

the office or agency concerned prior to the end of official
working hours and during lunch break;
• SEC. 11
• (4) Failure to render frontline services within the
prescribed period on any application and/or
request without due cause;

• (5) Failure to give the client a written notice on

the disapproval of an application or request; and

• (6) Imposition of additional irrelevant

requirements other than those listed in the first
notice.
• Penalties for light offense shall be as follows:

• First Offense — Thirty (30) days suspension without pay

and mandatory attendance in Values Orientation Program;

• Second Offense — Three months suspension without pay;

and

• Third Offense — Dismissal and perpetual disqualification

from public service.
• (b) Grave Offense — Fixing and/or collusion with fixers in
consideration of economic and/or other gain or advantage.

• Penalty — Dismissal and perpetual disqualification from

public service.

• SEC. 12. Criminal Liability for Fixers. — In addition to

Section 11(b), fixers, as defined in this Act, shall suffer the
penalty of imprisonment not exceeding six years or a fine
of not less than Twenty thousand pesos (P20,000.00) but
not more than Two hundred thousand pesos
(P200,000.00) or both fine and imprisonment at the
discretion of the court.
• REPUBLIC ACT No. 11032: AN ACT PROMOTING EASE OF
DOING BUSINESS AND EFFICIENT DELIVERY OF
GOVERNMENT SERVICES, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 9485, OTHERWISE KNOWN AS THE
ANTI-RED TAPE ACT OF 2007, AND FOR OTHER PURPOSES

• Section 1. Section 1 of Republic Act No. 9485, otherwise

known as the "Anti-Red Tape Act of 2007", is hereby
amended to read as follows:

• "Sec. 1. Short Title. – This Act shall be known as the Ease of

Doing Business and Efficient Government Service Delivery
Act of 2018"
• Section 5. Section 5 of the same Act is hereby amended to
read as follows:
• "Sec. 5. Reengineering of Systems and Procedures. – All
offices and agencies which provide government services are
hereby mandated to regularly undertake cost compliance
analysis, time and motion studies, undergo evaluation and
improvement of their transaction systems and procedures
and reengineer the same if deemed necessary to reduce
bureaucratic red tape and processing time.
• "The Anti-Red Tape Authority, created in this Act, shall
coordinate with all government offices covered under
Section 3 of this Act in the review of existing laws, executive
issuances and local ordinances, and recommend the repeal
of the same if deemed outdated, redundant, and adds
undue regulatory burden to the transacting public.
• "All proposed regulations of government agencies under
Section 3 of this Act shall undergo regulatory impact
assessment to establish if the proposed regulation does not
add undue regulatory burden and cost to these agencies and
the applicants or requesting parties: Provided, That when
necessary, any proposed regulation may undergo pilot
implementation to assess regulatory impact.

• "Upon effectivity of this Act, all LGUs and NGAs are directed to
initiate review of existing policies and operations and
commence with the reengineering of their systems and
procedures in compliance with the provisions of this Act,
pending the approval of the implementing rules and
regulations (IRR) thereof."
• Section 6. Section 6 of the same Act is hereby
amended to read as follows:
• "Sec. 6. Citizen’s Charter. – All government agencies
including departments, bureaus, offices,
instrumentalities, or government-owned and/or –
controlled corporations, or 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 at the most
conspicuous place, in their respective websites and
in the form of published materials written either in
English, Filipino, or in the local dialect, that detail:
• Section 6. Section 6 of the same Act is hereby
amended to read as follows:
• "(a) A comprehensive and uniform checklist of
requirements for each type of application or
request;
• "(b) The procedure to obtain a particular service;
• "(c) The person/s responsible for each step;
• "(d) The maximum time to conclude the process;
• "(e) The document/s to be presented by the
applicant or requesting party, if necessary;
• "(f) The amount of fees, if necessary; and
• "(g) The procedure for filing complaints."
• Section 7. A new Section 7 is hereby inserted after Section 6
of the same Act to read as follows:

• "Sec. 7. Zero-Contact Policy. – Except during the preliminary

assessment of the request and evaluation of sufficiency of
submitted requirements, no government officer or
employee shall have any contact, in any manner, unless
strictly necessary with any applicant or requesting party
concerning an application or request. Once the Department
of Information and Communications Technology (DICT) has
completed a web-based software enabled business
registration system that is acceptable to the public as
mandated under Section 26 of this Act, all transactions shall
be coursed through such system. All government agencies
including LGUs shall adopt a zero-contact policy."
• Section 9. Section 8 of the same Act is hereby amended and
renumbered as Section 9 to read as follows:
• "Sec. 9. Accessing Government Services. – The following shall
adopted by all government offices and agencies:
• "(a) Acceptance of Applications or Requests. –
• "(1) All officers or employees shall accept written applications,
requests, and/or documents being submitted by applicants or
requesting parties of the offices or agencies.
• "(2) The receiving officer or employee shall perform a
preliminary assessment of the application or request submitted
with its supporting documents to ensure a more expeditious
action on the application or request. The receiving officer or
employee shall immediately inform the applicant or requesting
party of any deficiency in the accompanying requirements,
which shall be limited to those enumerated in the Citizen’s
Charter.
• "(3) The receiving officer or employee shall assign a
unique identification number to an application or
request, which shall be the identifying number for all
subsequent transactions between the government
and the applicant or requesting party regarding such
specific application or request.

• "(4) The receiving officer or employee shall issue an

acknowledgement receipt containing the seal of the
agency, the name of the responsible officer or
employee, his/her unit and designation, and the date
and time of receipt of such application or request.
• "(b) Action of Offices. –

• "(1) All applications or requests submitted shall be acted upon by

the assigned officer or employee within the prescribed processing
time stated in the Citizen’s Charter which shall not be longer than
three (3) working days in the case of simple transactions and seven
(7) working days in the case of complex transactions from the date
the request and/or complete application or request was received.

• "For applications or requests involving activities which pose danger

to public health, public safety, public morals, public policy, and
highly technical application, the prescribed processing time shall in
no case be longer than twenty (20) working days or as determined
by the government agency or instrumentality concerned,
whichever is shorter.
• "The maximum time prescribed above may be extended only once for
the same number of days, which shall be indicated in the Citizen’s
Charter. Prior to the lapse of the processing time, the office or agency
concerned shall notify the applicant or requesting party in writing of
the reason for the extension and final date of release of the
government service/s requested. Such written notification shall be
signed by the applicant or requesting party to serve as proof of notice.

• "If the application or request for license, clearance permit,

certification or authorization shall require the approval of the local
Sangguniang Bayan, Sangguniang Panlungsod, or the Sangguniang
Panlalawigan as the case may be, the Sanggunian concerned shall be
given a period of forty-five (45) working days to act on the application
or request, which can be extended for another twenty (20) working
days. If the local Sanggunian concerned has denied the application or
request, the reason for the denial, as well as the remedial measures
that may be taken by the applicant shall be cited by the concerned
Sanggunian.
• "In cases where the cause of delay is due to
force majeure or natural or man-made
disasters, which result to damage or
destruction of documents, and/or system
failure of the computerized or automatic
processing, the prescribed processing times
mandated in this Act shall be suspended and
appropriate adjustments shall be made.
• "(2) No application or request shall be returned to
the applicant or requesting party without
appropriate action. In case an application or request
is disapproved, the officer or employee who
rendered the decision shall send a formal notice to
the applicant or requesting party within the
prescribed processing time, stating therein the
reason for the disapproval. A finding by a
competent authority of a violation of any or other
laws by the applicant or requesting party shall
constitute a valid ground for the disapproval of the
application or request, without prejudice to other
grounds provided in this Act or other pertinent laws.
• "(c) Denial of Application or Request for Access to
Government Service. – Any denial of application or
request for access to government service shall be
fully explained in writing, stating the name of the
person making the denial and the grounds upon
which such denial is based. Any denial of
application or request is deemed to have been
made with the permission or clearance from the
highest authority having jurisdiction over the
government office or agency concerned.
• "(d) Limitation of Signatories – The number of
signatories in any document shall be limited to a
maximum of three (3) signatures which shall
represent officers directly supervising the office or
agency concerned: Provided, That in case the
authorized signatory is on official business or official
leave, an alternate shall be designated as signatory.
Electronic signatures or pre-signed license, clearance,
permit, certification or authorization with adequate
security and control mechanism may be used.
• "(e) Electronic Versions of Licenses, Clearances,
Permits, Certifications or Authorizations. – All
government agencies covered under Section 3 of
this Act shall, when applicable, develop electronic
versions of licenses, clearances, permits,
certifications or authorizations with the same
level of authority as that of the signed hard copy,
which may be printed by the applicants or
requesting parties in the convenience of their
offices.
• "(f) Adoption of Working Schedules to Serve
Applicants or Requesting Parties. – Heads of
offices and agencies which render government
services shall adopt appropriate working
schedules to ensure that all applicants or
requesting parties who are within their
premises prior to the end of official working
hours are attended to and served even during
lunch break and after regular working hours.
• "(g) Identification Card. – All employees
transacting with the public shall be provided
with an official identification card which shall
be visibly worn during office hours.

• "(h) Establishment of Public

Assistance/Complaints Desk. – Each office or
agency shall establish a public
assistance/complaints desk in all their offices."
• Section 10. Section 9 of the same Act is hereby amended and
renumbered as Section 10 to read as follows:

• "Sec. 10. Automatic Approval or Automatic Extension of License,

Clearance, Permit, Certification or Authorization. – If a
government office or agency fails to approve or disapprove an
original application or request for issuance of license, clearance,
permit, certification or authorization within the prescribed
processing time, said application or request shall be deemed
approved: Provided, That all required documents have been
submitted and all required fees and charges have been paid. The
acknowledgment receipt together with the official receipt for
payment of all required fees issued to the applicant or requesting
party shall be enough proof or has the same force and effect of a
license, clearance, permit, certification or authorization under this
automatic approval mechanism.
• "if a government office or agency fails to act on an
application or request for renewal of a license, clearance,
permit, certification or authorization subject for renewal
within the prescribed processing time, said license,
clearance, permit, certification or authorization shall
automatically be extended: Provided, That the Authority,
in coordination with the Civil Service Commission (CSC),
Department of Trade and Industry (DTI), Securities and
Exchange Commission (SEC), Department of the Interior
and Local Government (DILG) and other agencies which
shall formulate the IRR of this Act, shall provide a listing
of simple, complex, highly technical applications, and
activities which pose danger to public health, public
safety, public morals or to public policy."
• Section 11. New sections to be numbered as Sections
11, 12, 13, 14, 15, 16, 17, 18 and 19 are herby inserted
after Section 9 of the same Act, to read as follows:

• "Sec. 11. Streamlined Procedures for the Issuance of

Local Business Licenses, Clearances, Permits,
Certifications or Authorizations. – The LGUs are
mandated to implement the following revised
guidelines in the issuance of business licenses,
clearances, permits, certifications or authorizations:
• "(a) A single or unified business application form shall be used
in processing new applications for business permits and
business renewals which consolidates all the information of
the applicant or requesting party by various local government
departments, such as, but not limited to, the local taxes and
clearances, building clearance, sanitary permit, zoning
clearance, and other specific LGU requirements, as the case
may be, including the fire clearance from the Bureau of Fire
Protection (BFP). The unified form shall be made available
online using technology-neutral platforms such as, but not
limited to, the central business portal or the
city/municipality’s website and various channels for
dissemination. Hard copies of the unified forms shall likewise
be made available at all times in designated areas of the
concerned office and/or agency.
• "(b) A one-stop business facilitation service, hereinafter referred
to as the business one stop shop, (BOSS) for the
city/municipality’s business permitting and licensing system to
receive and process manual and/or electronic submission of
application for license, clearance, permit, certification or
authorization shall be established within the cities/municipalities’
Negosyo Center as provided for under Republic Act No. 10644,
otherwise known as the "Go Negosyo Act." There shall be a
queuing mechanism in the BOSS to better manage the flow of
applications among the LGUs’ departments receiving and
processing applications. LGUs shall implement collocation of the
offices of the treasury, business permits and licensing office,
zoning office, including the BFP, and other relevant
city/municipality offices/departments, among others, engaged in
starting a business, dealing with construction permits.
• "(c) Cities/Municipalities are mandated to automate their
business permitting and licensing system or set up an
electronic BOSS within a period of three (3) years upon the
effectivity of this Act for a more efficient business
registration processes. Cities/Municipalities with electronic
BOSS shall develop electronic versions of licenses,
clearances, permits, certifications or authorizations with the
same level of authority, which may be printed by businesses
in the convenience of their offices. The DICT shall make
available to LGUs the software for the computerization of
the business permit and licensing system. The DICT, DTI, and
DILG, shall provide technical assistance in the planning and
implementation of a computerized or software-enabled
business permitting and licensing system.
• "(d) To lessen the transaction requirements, other local
clearances such as, but not limited to, sanitary permits,
environmental and agricultural clearances shall be issued
together with the business permit.

• "(e) Business permits shall be valid for a period of one (1)

year. The city/municipality may have the option to renew
business permits within the first month of the year or on the
anniversary date of the issuance of the business permit.

• "(f) Barangay clearances and permits related to doing

business shall be applied, issued, and collected at the
city/municipality in accordance with the prescribed
processing time of this Act: Provided, That the share in the
collections shall be remitted to the respective barangays.
• "Sec. 12. Sreamlined Procedures for Securing Fire Safety Evaluation
Clearance (FSEC), Fire Safety Inspection Certificate (FSIC), and
Certification of Fire Incidents for Fire Insurance.- For the issuance of FSEC,
FSIC, and certification of fire incidents, the following shall be adopted to
make business permitting more efficient:
• "(a) Issuance of FSEC and FSIC shall in no case be longer than seven (7)
working days;
• "(b) For new business permit application, the FSIC already issued during
the occupancy permit stage shall be sufficient as basis for the issuance of
the FSIC for a business entity as a requirement for the business permit;

• "(c) For renewal of business permit, the BFP shall, within three (3)
working days from application, present the FSIC to the city/municipality,
either thru the copy of the FSIC or the negative/positive list: Provided,
That the business entity shall inform the BFP and submit the necessary
documentary requirements if renovations, modifications or any form of
alterations are made to the original building structure thirty (30) working
days before the expiration of the business permit;
• "Sec. 13. Central Business Portal (CBP). – To eliminate
bureaucratic red tape, avert graft and corrupt practices
and to promote transparency and sustain ease of doing
business, the DICT shall be primarily responsible in
establishing, operating and maintaining a CBP or other
similar technology, as the DICT may prescribe.

• "The CBP shall serve as a central system to receive

applications and capture application data involving
business-related transactions, including primary and
secondary licenses, and business clearances, permits,
certifications, or authorizations issued by the LGUs:
Provided, That the CBP may also provide links to the online
registration or application systems established by NGAs.
• "Sec. 14. Philippine Business Databank (PBD). –
Within a period of one (1) year from the effectivity of
this Act, the DICT, in coordination with the concerned
agencies, shall established, manage and maintain a
PBD which shall provide the concerned NGAs and
LGUs access to data and information of registered
business entities for purposes of verifying the validity,
existence of and other relevant information
pertaining to business entities. All concerned NGAs
and LGUs shall either link their own database with the
system or periodically submit to the system updates
relevant to the information registered with them.
• "Sec. 15. Interconnectivity Infrastructure Development. – In
order to expedite the processing of licenses, clearances,
permits, certifications or authorizations, the Authority,
together with the DICT, shall develop a fast and reliable
interconnectivity infrastructure. In relation to this, the
processing and approval or licenses, clearances, permits,
certifications or authorizations for the installation and
operation of telecommunication, broadcast towers,
facilities, equipment and service shall be:

• "(a) a total of seven (7) working days for those issued by the
barangay;
• "(b) a total of seven (7) working days for those issued by
LGUs; and
• "(c) seven (7) working days for those issued by NGAs.
• "Sec. 21. Violations and Persons Liable. – Any person
who performs or cause the performance of the
following acts shall be liable:
• "(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 or
request;
• "Sec. 21. Violations and Persons Liable. – Any person
who performs or cause the performance of the
following acts shall be liable:
• "(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 and during 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."
• "Sec. 22. Penalties and Liabilities. – Any violations of the preceding
actions will warrant the following penalties and liabilities.1âwphi1
• "(a) First Offense: Administrative liability with six (6) months
suspension: Provided, however, That in the case of fixing and/or
collusion with fixers under Section 21(h), the penalty and liability
under Section 22(b) of this Act shall apply.
• "(b) Second Offense: Administrative liability and criminal liability of
dismissal from the service, perpetual disqualification from holding
public office and forfeiture of retirement benefits and imprisonment of
one (1) year to six (6) years with a fine of not less than Five hundred
thousand pesos (P500,000.00), but not more than Two million pesos
(P2,000,000.00).
• "Criminal liability shall also be incurred through the commission of
bribery, extortion, or when the violation was done deliberately and
maliciously to solicit favor in cash or in kind. In such cases, the
pertinent provisions of the Revised Penal Code and other special laws
shall apply."
 IIII. PHILIPPINE CULTURAL TRAITS AND VALUES
THAT AFFECT PUBLIC ADMINISTRATION:
• CLOSE FAMILY TIES
• BAYANIHAN
• BAHALA NA
• NINGAS COGON
• MANANA HABIT, ETC
• HOW DO THESE TRAITS AND VALUES AFFECT
OUR CHOICE OF LEADERS(ELECTION),PEOPLE
PARTICIPATION IN SOCIETY, OUR JUSTICE
SYSTEM, PUBLIC SERVICE DELIVERY?
 ENVIRONMENTAL AND GEOGRAPHICAL
FACTORS AFFECTING PAS
• WET, DRY SEASONS
• ARCHIPELAGO
• RING OF FIRE (prone to earthquake, volcanic
eruptions, tsunami)
• TYPHOON BELT (supertyphoons, El Nino, La
Nina)
• What are the implications of these factors to
public administration in the Philippines?
 POLITICAL FACTORS
• POLITICAL DYNASTIES
• PATRONAGE
• POLITICAL PARTIES (multi-party, weak political
party system - turncoatism)
• Discuss how politics affects public service
delivery
 Other factors

• Media…
• Businesses…
• Student activism…
Current state of Philippine Bureaucracy
• 1. Vulnerability to nepotism- an unfortunate
consequence of our kinship system, close
family ties, kompadre system, smooth
interpersonal relationship; leading to the
creation of political dynasties, favoritism in
recruitment and promotion, among others.
Current state of Philippine Bureaucracy
• 2. Perpetuation of the spoils system- its most
prevalent manifestation happens after the
election of a new local chief executive—
practically all political allies of the newly
elected mayor or governor (or president) are
given positions; the allies of the losing
candidate lose their position.
•
Current state of Philippine Bureaucracy
• 3. Apathetic public reaction to bureaucratic
misconduct—it appears that people have
high tolerance for corruption; many
wrongdoings are simply ignored by the
public.
•
Current state of Philippine Bureaucracy
• 4. Availability of external peaceful means of
correcting bureaucratic weakness- no. 3
happens despite the presence of mechanisms
that would promote good governance
•
Current state of Philippine Bureaucracy
• 5. Lack of independence from politics: public
service delivery is so affected by politics to
the extent that some areas remain unserved
because their political leaders belong to the
other political camp/opposition; meanwhile,
the localities where the incumbent won are
given all the projects and funding.
•
Current state of Philippine Bureaucracy
• 6. Essential instrument of social change:
despite its imperfections, our administrative
system strives to provide efficient and
effective public service for the people, with
the hope that people’s lives become better
and society becomes more orderly and
progressive.
4. Latest developments …
 a. decentralization,
deconcentration, devolution,
Reference:
https://www.cifor.org/publications/p
df_files/interlaken/Compilation.pdf
• “Decentralisation is usually referred to as the transfer of powers
from central government to lower levels in a political-
administrative and territorial hierarchy (Crook and Manor 1998,
Agrawal and Ribot 1999).
• This official power transfer can take two main forms.
• Administrative decentralisation, also known as
deconcentration, refers to a transfer to lower-level central
government authorities, or to other local authorities who are
upwardly accountable to the central government. (Ribot 2002).

• In contrast, political, or democratic, decentralisation refers to

the transfer of authority to representative and downwardly
accountable actors, such as elected local governments”
(Larson).
• “The term decentralisation is used to cover a broad
range of transfers of the "locus of decision making" from
central governments to regional, municipal or local
governments” (Sayer et al.).
• • Decentralization reform refers to “transforming the
local institutional infrastructure for natural resource
management on which local forest management is
based” (Ribot).
• • “Decentralization is "the means to allow for the
participation of people and local governments” (Morell).
• “Definitions of the different types of
decentralization vary and the same terms are
sometimes used in inconsistent ways in the
literature on the subject”. The paper by Gregersen,
Contreras-Hermosilla, White and Phillips adopts
the following definitions:
• o “Political decentralization: Groups at different
levels of government–central, meso and local–are
empowered to make decisions related to what
affects them.
• o Administrative decentralization: Different
levels of government administer resources
and matters that have been delegated to
them, generally through a constitution. In
terms of decentralization as a process of
change, and according to the level of transfer
of responsibilities, it is useful to distinguish
between deconcentration, delegation and
devolution.
• o Fiscal decentralization. In this case,
previously concentrated powers to tax and
generate revenues are dispersed to other
levels of government, e.g., local governments
are given the power to raise and retain
financial resources to fulfill their
responsibilities.
• o Market decentralization: Government
privatizes or deregulates private functions,
such as occurred in the case of New Zealand
forest sector". (World Bank 2000 in Gregersen
et al.)
• http://www.worldbank.org/publicsector/
decentralization/admindecen.htm
 Deconcentration
• Deconcentration, is the term referring to:
• • “The process by which the agents of central government
control are relocated and geographically dispersed” (Sayer et
al.).
• • “Administartive decentralization, i.e. a transfer to lower-level
central government authorities, or to other local authorities
who are upwardly accountable to the central
• government” (Ribot 2002 in Larson).
• • “The transfer of administrative responsibility for specified
functions to lower levels within the central government
bureaucracy, generally on some spatial basis”
• (Ferguson and Chandrasekharan).
 Devolution, refers to:
• • “The transfer of ‘natural resource management to local individuals
and institutions located within and outside of government’
(Edmunds et al. 2003:1), though some people use ‘devolution’ only
in reference to direct community transfers” (Larson)
• • “The transfer of rights and assets from the centre to local
governments or communities. All of these processes occur within
the context of national laws that set the limits within which any
decentralised or devolved forest management occurs” (Sayer et al.).
• • “The transfer of governance responsibility for specified functions
to sub-national levels, either publicly or privately owned, that are
largely outside the direct control of the central government”
(Ferguson and Chandrasekharan).
 Creation and modification of local
governments
• As a matter of principle, higher legislative
entities have the power to create, divide,
merge, abolish, or substantially alter
boundaries of any lower-level local government
through a law or ordinance, all subject to
approval by a majority of the votes cast in a
plebiscite to be conducted by the Commission
on Elections (COMELEC) in the local
government unit or units directly affected.
Civil society participation
• Participation and representation of people’s
organizations, non-governmental
organizations, civil society organizations in
local boards (Local Government Code,
https://www.opengovpartnership.org/membe
rs/philippines/commitments/PH0042/)
 The concept of participatory governance

• Government agencies and people’s

organizations, non-governmental
organizations, civil society organizations
collaborate to provide public service…
 Federalism….

Needed or not needed?

 V CURRENT THRUSTS, PROGRAMS, PROJECTS
OF THE PAS IN YOUR LOCALITY (final
requirement)
• Make a 40-slide powerpoint presentation with the title PUBLIC
ADMINISTRATION IN (name of your LGU)
• - profile of your LGU: demographic, geographic, economic,
socio-cultural, political. Place more emphasis on factors that
significantly impact on public service delivery(for instance the
existence of prominent families, businessmen, etc)
• Current problems, programs and projects (with pictures if
available)
• Your personal assessment on the public administrative system
of your LGU
• Kindly reserve one slide for your list of references.
• To be submitted via ms teams
Thank you…