R.A.

11032, Anti-Red Tape Act of 2007

ANTI-RED TAPE ACT

 R.A. 11032, Anti-Red Tape Act of 2007

TRAINING GOAL:

1. This lesson aims to provide participants with the essential points of

the Anti- Red Tape Act and relevance in the government workplace.
 R.A. 9485, Anti-Red Tape Act of 2007

TRAINING OBJECTIVES

At the end of the lesson, participants will be able to:

1. Explain the title and coverage of R.A. 11032 and its amendments;
2. Discuss the zero-contact policy and accountability of heads of office
and agencies for violation of this act;
3. Enumerate the process of accessing frontline services to be adopted
by all government offices and agencies; and
4. Enumerate and explain the process in criminal and administrative
jurisdiction of ARTA.
R.A. 9485, Anti-Red Tape Act of 2007

 Bachelor of Science in Criminology

 Registered Criminologist
 Deputy Chief of Police, Mandaluyong CPS
 PSBRC 1997 Kaakibat
 Lateral Entry 2006 Bagong Tanglaw

 Investigation Officer Basic Course

 Criminal Investigation and Detective Development Course
 Public Safety Criminal Investigation Supervisory Course
 Modern Techniques in Criminal Investigation
 Instructor Development Course
 Human Resource and Management Officers Course
R.A. 9485, Anti-Red Tape Act of 2007

Listen attentively
R.A. 9485, Anti-Red Tape Act of 2007

Have you experience transacting to any government

frontline services??

PROBLEMS mostly encountered in

some government agencies
R.A. 9485, Anti-Red Tape Act of 2007

HOW ABOUT THIS

 R.A. 9485, Anti-Red Tape Act of 2007

Listen and let us find out how you fix

it as a government employee
 R.A. 9485, Anti-Red Tape Act of 2007

DEFINITION OF TERMS

Simple Transactions” refer to 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 government office.
 R.A. 9485, Anti-Red Tape Act of 2007

DEFINITION OF TERMS

“Complex Transactions” refer to 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 the office concerned.
 R.A. 9485, Anti-Red Tape Act of 2007

DEFINITION OF TERMS

“Frontline Service” refers to the 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.
 R.A. 9485, Anti-Red Tape Act of 2007

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 a client for processing.
 R.A. 9485, Anti-Red Tape Act of 2007

DEFINITION OF TERMS

“Officer or Employee” refers to a 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.
 R.A. 9485, Anti-Red Tape Act of 2007

DEFINITION OF TERMS

“Irrelevant requirements” refer to 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.
 R.A. 9485, Anti-Red Tape Act of 2007

DEFINITION OF TERMS

“Fixer” refers to 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.
 R.A. 9485, Anti-Red Tape Act of 2007

Republic Act No. 9485

“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 THEREFORE
 R.A. 9485, Anti-Red Tape Act of 2007

History
 On February 19, 2007, Senate Bill No. 2589 and House Bill No.
3776 passed before the Congress during the 13th session.

 Signed into law by President GMA on June 2, 2007.

 IRR of R.A. 9485 took effect on September 5, 2008 through MC

12 issued by the CSC
 R.A. 9485, Anti-Red Tape Act of 2007

Constitutional Basis
 Article II, Sec 27 of the 1987 Constitution states that:
“the State shall maintain honesty and integrity in the
public service and shall take positive and effective measures against
graft and corruption”

 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 services.
 R.A. 9485, Anti-Red Tape Act of 2007

DECLARATION OF POLICY
• To promote integrity, accountability;
• Proper management of public affairs and public property;
• Establish effective practices aimed at the prevention of graft
and corruption in government;
• Maintain honesty and responsibility among its public officials
and employees; and
• To promote transparency in each agency with regard to the
manner of transacting with the public.
 R.A. 9485, Anti-Red Tape Act of 2007

Coverage of ARTA (Section 3, RA 9485/Rule 1, IRR)

• National Government Agencies

• Local Government Units

• Other Government Instrumentalities

(located in the Philippines and Abroad)

• Government Owned and Controlled Corporation

Excludes those performing judicial, quasi-judicial and legislative

functions – but the frontline services of these agencies are
deemed included.
 R.A. 9485, Anti-Red Tape Act of 2007

Salient Features Signatories Section 3, Rule III, IRR

The head of office shall prescribe the rules on the proper authority
to sign in the absence of the regular signatory, as follows:

• If there is only one official next-in-rank, he/she shall automatically

be the signatory;
• If there are 2 or more NIR, the appropriate office order shall
prescribe the order of priority;
• If there is no official NIR present and available, the head of the
department, office or agency shall designate an OIC from among
those next lower in rank in the same organizational unit.
 R.A. 9485, Anti-Red Tape Act of 2007

PROMOTING GOOD REGULATORY PRACTICE

• REENGINEERING GOVERNMENT SYSTEMS AND

PROCEDURES

• REGULATORY IMPACT ASSESSMENT

• REPEAL OF OUTDATED, REDUNDANT LAWS AND

ISSUANCES
 R.A. 9485, Anti-Red Tape Act of 2007

REENGINEERING GOVERNMENT SYSTEMS AND PROCEDURES

All agencies which provide government services are hereby mandated to regularly undertake:
• Cost compliance analysis and time and motion studies;
• Evaluation and improvement of their transaction systems and procedures; and
• Reengineer to reduce bureaucratic red tape and processing time.
• All proposed regulations shall undergo regulatory impact assessment (RIA)
R.A. 9485, Anti-Red Tape Act of 2007

Embracing
Customer-Centricity
R.A. 9485, Anti-Red Tape Act of 2007

CITIZEN’S CHARTER
SECTION-6
 R.A. 9485, Anti-Red Tape Act of 2007

All government agencies including local government

units (LGUs) shall adopt a zero-contact policy.

No government officer or employee shall have any

contact with any applicant or requesting unless
strictly necessary, except:
• during the preliminary assessment of the request
• Payment
• In case of complex/highly technical transactions. Zero Contact Policy
SECTION-7
DICT shall complete a web-based software enabled
business registration system

Once the business registration system is completed,

all transactions shall be coursed through such
system.
 R.A. 9485, Anti-Red Tape Act of 2007

All government agencies and offices shall adopt the

following:

• Acceptance of Applications or Requests (You need to

issue an Acknowledgment Receipt!. Check for
completion before issuing AR)
• Issue the applicant a unique identification number
(You need to invest in a document tracking system)
• Denial of Request for Access to Government Service Accessing Government
(You need to have a written notice) Services
• Limit signatories to 3. In case authorized signatory is SECTION-9
on OB, an alternate shall be designated. Use
electronic signature or pre-signed licenses with
adequate security.
• Electronic Versions of Licenses, Permits,
Certifications or Authorizations
• Adoption of Working Schedules to Serve Applicants
or Requesting Parties
• Establishment of Public Assistance/Complaints Desk
 R.A. 9485, Anti-Red Tape Act of 2007

• If government fails to approve or

disapprove within prescribed time, said
application SHALL BE DEEMED
APPROVED

• All required documents have been

submitted and all required fees and
charges have been paid. Automatic Approval/
Automatic Extension
• Government to issue acknowledgement S E C T I O N - 10
receipt together with the official receipt for
payment of all required fees issued to the
applicant or requesting party.

• AR /OR shall be enough proof or has the

same force and effect
 R.A. 9485, Anti-Red Tape Act of 2007

• Use of Unified Business Application Form

• Establishment of Business One Stop Shop
(BOSS)
• Cities/Municipalities are mandated to automate
their business permitting and licensing system
within 3 years.
• Barangay clearances and permits related to
doing business shall be applied, issued, STREAMLINING OF LOCAL
and collected at the city/municipality. GOVERNMENT PROCEDURES
• At the local government level, the city or S E C T I O N - 11
municipal business process and licensing office
shall not require the same documents already
provided by an applicant or requesting party to
the local government departments.
R.A. 9485, Anti-Red Tape Act of 2007

Setting Standards on Prescribed Processing

Time
 R.A. 9485, Anti-Red Tape Act of 2007

Working days for simple transactions

Working days for complex transaction

Working days for Highly Technical Application

45 working days
45 This can be extended for another twenty (20) working days*

The number of signatories in any document shall be limited to a maximum of three

(3) signatures from 5 signatories.
 R.A. 9485, Anti-Red Tape Act of 2007

ACCEPTANCE OF APPLICATIONS AND REQUEST (SECTION 8)

• All employees shall accept written applications/requests submitted

by clients;
• Responsible employee shall acknowledge receipt of
application/request
• Receiving employee shall perform a preliminary assessment of the
request and determine the sufficiency of submitted requirements for
a request/application
• All applications/requests shall be acted upon within the period
prescribed under the Citizen's Charter -five (5) days for simple
transactions and ten (10) days for complex transactions
 R.A. 9485, Anti-Red Tape Act of 2007

ACCEPTANCE OF APPLICATIONS AND REQUEST (SECTION 8)

• 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 (5)
working days from the receipt of the request/application, stating the reason
for the disapproval and a list of specific requirement/s which the client failed
to submit;
• Any denial of request for access to government service shall be fully explained
in writing; and
• Limitation on signatories - up to five (5)
 R.A. 9485, Anti-Red Tape Act of 2007

ACCEPTANCE OF APPLICATIONS AND REQUEST (SECTION 8)

• Wearing of official identification card when transacting with public;

• Establishment of public assistance/complaints desk.
To be manned by an officer/employee knowledgeable on frontline
services - to be available for consultation and advice at all times (Sec. 5,
Rule VI, IRR);
• The desk shall be attended to even during breaktime;
• Institute hotline numbers, SMS, ICT, one-stop shops or walk-in service
counters, other mechanisms
 R.A. 9485, Anti-Red Tape Act of 2007

AUTOMATIC EXTENSION OF PERMITS/LICENSES (Section 9)

• Failure to act on an application/request for renewal of a license, permit or

authority subject for renewal within the prescribed period shall
automatically extend license until a resolution is rendered on the application;

• No automatic extension or renewal shall 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
 R.A. 9485, Anti-Red Tape Act of 2007

DISCIPLINARY ACTION

The CSC and the Ombudsman shall

promulgate a Values Orientation IST OFFENSE
Program which shall include Anti- 30 DAYS 2nd Offense
Suspension and
3 months
Red Tape mandatory
Values Formation suspension
Program
"Irrelevant Requirements" -
Any document or performance of
an act not directly material to the 3rd offense
Dismissal
resolution of the issues raised in
the request or needed in the
application submitted by the
client
 R.A. 9485, Anti-Red Tape Act of 2007

CRIMINAL LIABILITY FOR FIXERS

In addition to the liability for grave offenses, fixers shall suffer the penalty of:
• Imprisonment not exceeding six (6) years or Fine of P20,000 to P200,000 or
Both

FIXERS (Section 4 (g), R.A. No. 94851)-Refers to 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
 R.A. 9485, Anti-Red Tape Act of 2007

ADMINISTRATIVE JURISDICTION

NON-PRESIDENTIAL APPOINTEES
CSC and
Ombudsman

PRESIDENTIAL APPOINTEES
OMBUDSMAN
PAGC
PROJECT ONE:
Doing Business Design Sprint
One Portal, One Form, One Business Number
CORE OBJECTIVES:
●Provide ease of doing business by streamlining
the business registration process in the country
●Focused on creating:
a.A pleasant customer experience (easy, not
cumbersome or confusing)
b.Addressing bureaucratic singularity (whole of
government, one door policy) and
c.Governance (data sharing, data accuracy, access
to data, privacy issues)
●Make use of a modern innovation format (“Design
Sprints”)
Design Sprint 1: Creation of “Wikipedia” of LGU registration process

DATE: July 23-27, 2018

PARTICIPANTS:
DTI, DILG
3 Private Sector
Design Sprint 2: Develop the implementation framework for a Philippine Business Number (PhBN)

DATE: September 3-7, 2018

PARTICIPANTS:
DTI, DICT
2 Private Sector
2 New Zealand Experts
Design Sprint 3: Develop a prototype for an end to end registration application

DATE: November 5-9, 2018

PARTICIPANTS:
• DTI, DILG, SEC and BIR
• 3 Private Sector
Design Sprints
Governance /
Institutional
Arrangements

45
 COMPOSITION
• Director General (DG) with a rank of Secretary

• (3) Deputy Directors General (DDG)

• DDG for legal,
• DDG for operations SECTION

17
• DDG for administration and finance.

*Attached under the Office of the President (OP). Creation of the Anti-Red
Tape Authority (ARTA)*
TENURE & EMPLOYMENT STATUS

• DG – Appointed and co-terminus with the President of the Philippines

• DDG – Appointed by the President of the Philippines. The DDG are

career officials with a rank equivalent to Undersecretary
POWERS & FUNCTIONS
(a) Implement and oversee a national policy on anti-
red tape and ease of doing business;
(b) Implement various ease of doing business and SECTION
anti-red tape reform initiatives aimed at improving

17
the ranking of the Philippines; Creation of the Anti-
(c) Monitor and evaluate the compliance of agencies Red Tape Authority
covered under the law, and issue notice of warning to
erring and/or non-complying government employees
or officials
POWERS & FUNCTIONS
(g) Review proposed major regulations of
government agencies using submitted regulatory
impact assessments, subject to proportionality SECTION

17
rules
(k) Ensure public access to information on Creation of the Anti-
regulatory management system and changes in Red Tape Authority
laws and regulations by establishing the
Philippine Business Regulations Information
System
 COMPOSITION
Chairperson - Secretary of the DTI
Vice-Chairperson - Director General of the Authority
SECTION

19
Members: Secretaries of the DICT, DILG and
Department of Finance (DOF), and two (2) Structure of the EODB/ARTA
representatives from the private sector Advisory Council

National Competitiveness Council will be renamed and

reorganized as Ease of Doing Business and Anti-Red Tape
Advisory Council, will be the policy and advisory body to the
Authority.
• All agencies providing government services shall be subjected to a
Report Card Survey (RCS).

• RCS shall be initiated by the Authority, in coordination with the

CSC, and the Philippine Statistics Authority (PSA),

• RCS shall be used to obtain: SECTION

20
‒ feedback on how provisions in the Citizen's Charter and the Act
are being followed and how the agency is performing;
‒ information and/or estimates of hidden costs incurred by Report Card Survey
applicants or requesting parties to access government services

• The result of the survey shall become basis for the grant of
awards, recognition and/or incentives for excellent delivery of
services in all government agencies.
1. Refusal to accept application or request with complete requirements being
submitted by an applicant or requesting party without due cause;

2. Imposition of additional requirements other than those listed in the Citizen’s Charter;

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

4. Failure to give the applicant or requesting party a written notice on the disapproval
of an application/request; SECTION

21
5. Failure to render government services within the prescribed processing time on any
application or request without due cause; Violations and Persons
6. Failure to attend to applicants or requesting parties who are within the premises of
Liable
the office or agency concerned prior to the end of official working hours and during
lunch break;

7. Failure or refusal to issue official receipts; and

8. Fixing and/or collusion with fixers in consideration of economic and/or other gain or
advantage.
PENALTIES:

(a) First Offense:

• Administrative liability with six (6) months suspension

(b) Second Offense:

• Administrative liability and Criminal liability with dismissal SECTION

22
from the service, perpetual disqualification from holding public
office and forfeiture of retirement benefits and
• Imprisonment: one (1) year to six (6) years Penalties and Liabilities
• Fine: not less than Five Hundred Thousand Pesos
(P500,000.00) but not more than Two Million Pesos
(P2,000,000.00).

• In case of Fixing and/or collusion with fixers, the penalty and

liability for Second Offense shall apply.
• The finding of administrative liability under this Act shall not be a bar to
the filing of criminal, civil or other related charges under existing laws
arising from the same act or omission as herein enumerated.
SECTIONS
• The administrative jurisdiction on any violation of the provisions of this

23
Act shall be vested in either the CSC, or the Office of the Ombudsman.

• Any public official or employee or any person having been charged with
another under this Act and who voluntarily gives information pertaining to

24
an investigation or who willingly testifies therefore, shall be exempt from
prosecution in the case/s where his/her information and testimony are Jurisdiction
given. The discharge may be granted and directed by the investigating body and Immunity
or court upon the application or petition of any of the respondent/accused-

25
informant and before the termination of the investigation
• ARTA DG to determine organizational structure and
personnel complement.

• DTI-Competitiveness Bureau as ARTA temporary

secretariat. Existing DTI CB Staff shall have option to SECTION

27
transfer.
Transitory
Provisions
• All regulatory management programs and anti-red tape
initiatives to be gathered by the Authority. DTI, CDA,
NCC, DOF, DAP, and NEDA to submit to ARTA project
status.

• ARTA to conduct information dissemination campaign on

RA 11032
• Congressional Oversight Committee on Ease of Doing Business (COC-
EODB) to consist of 5 members each from Senate and House of
Representatives

SENATE
• Committee on Trade and Commerce and Entrepreneurship - Chair
• Civil Service, Government Reorganization and Professional
Regulation, and SECTION

28
• Economic Affairs
HOR
• Committee on Trade and Industry- Chair Congressional
• Civil Service and Professional Regulation Oversight
• Government Reorganization, and
• Economic Affairs.

• Oversight Committee shall cease to exist after five (5) years upon effectivity
of this Act.
• Secretariat of the COC-EODB from existing personnel of congressional
committees
• The amount necessary to carry out the provisions of this
Act shall be charged against the current year’s
appropriations of the concerned agencies. In addition, the SECTION
amount of THREE HUNDRED MILLION PESOS
(P300,000,000.00) as initial funding for the Authority to
be charged against the unexpended contingency funds of
the Office of the President is hereby appropriated. 29 Appropriations
ARTA, CSC, and DTI to coordinate with:
1. DICT
2. DOF
SECTION
3. DILG

30
4. NEDA
5. PSA
Implementing Rules and
6. CDA In promulgating
7. SEC
Regulations
8. Office of the Ombudsman,
9. Housing and Land Regulatory Board (HLURB),
10. Union of Local Authorities of the Philippines (ULAP)

In the promulgation of the IRR within ninety (90) working days from the
effectivity of this Act
 THE IRR TIMELINE

DTI/CSC AGENCIES IRR 12 EXECUTIVE ROADSHOWS FINAL

IRR Version 0 1. DILG Executive NCR, Regions I, October 22, 2018

IRR Version 1
1.DTI Internal 2. DICT Branch II, III, IV-A, IV-
CSC, DICT,
Bureaus & 3. NEDA Meeting with B, V, VI, VII,
DOF, DILG,
Attached 4. BFP Executive VIII, IX, X, XI,
NEDA, PSA,
Agencies Secretary XII, CAR,
CDA, SEC,
2.CSC Legal CARAGA, and
Ombudsman,
Task Force ARMM
HLURB, ULAP
REGION 2 REGION 1
Tuguegarao City | Sept 3
in a nutshell
RA 11032Consultative
RA11032: Process
San Fernando, La Union | Sept 14

REGION 10 REGION 8
Cagayan De Oro City | Sept 3 Tacloban City | Sept 18

CARAGA REGION 7
Butuan City | Sept 4 Cebu City | Sept 19-20

REGION 11 REGION 6
Davao City | Sept 5 Iloilo City | Sept 21

REGION 12 REGION 4-A

General Santos City | Sept 6 Metro Manila | Sept 26

REGION 5
Legazpi City | Sept 7
CAR
Baguio City | Sept 27
REGIONAL
REGION 9 and ARMM
ROADSHOWS
NCR
Zamboanga City | Manila Sept 10 Manila | Sept 28

REGION 3 REGION 4-B

San Fernando City | Sept. 13 Roxas, Oriental Mindoro | Oct 2
 Participants from IRR
4,284 Public Consultation
(Public and Private Sector)
IRR BY THE
996 Participants from Executive
Sessions / Cluster Agencies
NUMBERS

16 Regional Roadshows
“Makiisa para sa isang Mabilis,
Malinis, Maasahan at may Malasakit
na Pamahalaan — Para sa
Maginhawang Pamumuhay ng
Mamayang Pilipino.”
- Pres. Rodrigo Roa Duterte