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If you are applying for a business permit or license, inquiring information, and getting other
services from the government, you might experience Red Tape. This practice causes
inefficiency in the delivery of the government services to its people. It is also a major cause
of graft and corruption in the country. That is why the government has enacted Republic
Act No. 9485 otherwise known as the “Anti-Red Tape Act of 2007” to improve efficiency in
the delivery of government service to the public by reducing bureaucratic red tape and
prevent graft and corruption in government agencies and offices.
The Anti-red Tape Law in the Philippines was already existing and effective since 2007, yet
many Filipinos are not aware of this law. Although this act is a directive to the government
agencies and their officers, the public should also be aware of it so that they may learn
what available rights and privileges they have when they do transactions with the
government.
To inform the public, the following are some of the important notes that every people in
the country, whether they are government personnel or people who are doing transaction
with the government, should know about the Anti-red Tape Law in the Philippines.
This is an instruction to all government agencies. According to Section 5 of the Act, 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.
Thus, Filipinos should always be observant of all the government offices, in which they
usually do transactions with. Although it is the Civil Service Commission (CSC) and other
agencies mandated by the law which are primarily responsible to evaluate government
agencies, we should also observe these public trust offices if they are really improving.
The law directed government agencies to create a Citizen’s Charter
To make the services of the government to the public more efficient, Section 6 of the Anti-
Red Tape Act mandates all government agencies to 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 or in the local dialect that detail the following:
The Citizen Charter is aimed to guide citizens when they are transacting or getting the
services of the government agencies. Hence, if you are planning to deal with a certain
government agency, you have to ask for a citizen charter or manual which should be
displayed conspicuously at the government office. Most government websites that I have
visited so far have a Citizen’s Charter or manual that can be downloaded from their sites.
Frontline Services refer to the processes or transactions 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.
In section 8 of the Act, the law mandates all government agencies and offices to adopt the
following instructions for Accessing Frontline Services:
(1) All officers or employees shall accept written applications, requests, and/or documents
being submitted by clients of the office or agencies.
(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.
(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 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 requirement/s 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.
If you are going to a government office to do any transaction with their personnel, you have
to always keep those things above in mind. All of the government offices must have a public
assistance/complaints desk and all the personnel must have identification card. Also
remember that the officer in charge should accept your written application, request and
documents, especially if they are already complete, and he or she should acknowledge
receipt of your documents for your proof of submission.
Section 10 of the Act states that all offices and agencies providing frontline services shall be
subjected to a Report Card Survey to be initiated by the Civil Service Commission, in
coordination with the Development Academy of the Philippines, which shall be used to
obtain feedback on how provisions in the Citizen’s Charter are being followed and how the
agency is performing.
The Report Card Survey will also be used to detect information and estimates of hidden
costs incurred by clients to access frontline services which may include bribes and payment
to fixers.
The Act punishes fixers and government personnel who violates the law
The Anti-red tape law in the Philippines punishes fixers and violators of the Act. According
to Section 11 of the law, the following shall constitute violations of this Act together with
their corresponding penalties after compliance with the substantive and procedural due
process:
(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
(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.
(b) Grave Offense – Fixing and/or collusion with fixers in consideration of economic
and/or other gain or advantage.
SEC. 12. Criminal Liability for Fixers. – In addition to Sec. 11 (b), fixers, as defined in this
Act, shall suffer the penalty of imprisonment not exceeding six years or a fine 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.
The Act defines a “fixer” in Section 4 as 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.
Although the Anti-red tape law is administered by the Civil Service Commission (CSC), the
Presidential Anti-Graft Commission (PAGC) or the Office of the Ombudsman, this law also
needs great support from the public. This Act already existed since 2007 yet the red tape in
the Philippines seems to not have yet slowed down these past few years.
I’m not also sure if all the government officers and employees are well-informed about this.
I’m not also sure if the majority of Filipinos who are transacting with the government
agencies are fully aware of this law. As I was saying, this law should be supported by all of
us. All government offices and their personnel must respect the law. Moreover, all the
people in the Philippines who are dealing with the government offices must also keep
observant whether this law is well implemented or not.
1. Republic Act No. 9485, otherwise known as 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 Thereof” or the
Anti-Red Tape Act of 2007, was signed into law by President Gloria Macapagal- Arroyo on June 2, 2007.
2. The enactment of the aforementioned law articulates the government’s serious call to facilitate and improve the delivery of
public service in the country.
3. To expedite the implementation of the said law and its Implementing Rules and Regulations (IRR), the Office of the
President issued in October 2008 Administrative Order No. 241, “Mandating the Speedy Implementation of Republic Act
No. 9485 otherwise known as the Anti-Red Tape Act of 2007” and its Implementing Rules and Regulations and
Strengthening the Application Thereof”.
4. To further speed up the enforcement of the said law and its Implementing Rules and Regulations, the Office of the
President issued Administrative Order No. 241-A in November 2008 to amend Sections 1 and 2 of Administrative Order
No. 241. Section 2, 1st paragraph of Administrative Order No. 241-A as amended states as follows:
"SECTION 2. PUBLIC ASSISTANCE AND COMPLAINTS DESK AND HOTLINES. All agencies shall establish
in their respective offices a public assistance and complaints desk and provide the public hotline number/s which
should be purposely set up to effectively receive feedback and monitor customer satisfaction in conformity with
Rule VI of the IRR of RA No. 9485 dated December 31, 2008."
5. In the same order, the President instructed government agencies to set up a system to curb so-called fixing in their
workplaces and subsequently file criminal and/or administrative cases against fixers.
6. In view of the foregoing, all regional directors, schools division/city superintendents and school heads are enjoined to set
up a public assistance and complaints desk in their respective offices, which should be situated in a conspicuous place
accessible to the public, and to mount a campaign against fixers by posting an anti-fixer campaign tarpaulin, adopting the
CSC Anti-Fixers Campaign tarpaulin banner (with the dimensions of 3 ft by 2 ft and sample of its contents is herein
enclosed as Enclosure No. 1) and Fix the Fixers calling card (sample copy of which is herein enclosed as Enclosure No.
2).
Senate Bill No. 1311 or the “Expanded Anti-Red Tape Act (ARTA) of 2017,” an
amendment to the existing Anti Red Tape Act of 2007 or Republic Act 9485.
“This landmark legislation is our answer to the clamor of the business sector and
government agencies to ease doing business in the country, to make our country
competitive and compliant with sound global business practices and standards,”
Senator Juan Miguel Zubiri, chair of the Senate committee on trade, commerce and
entrepreneurship and also the sponsor of the bill, said in a statement.
“The bill was meant to reduce red tape or promote transparency in government with
regard to business registrations and other manner of transacting with the public,”
Zubiri said.
“In approving the bill, the Senate immediately responded to the call of President
(Rodrigo) Duterte during his last State of the Nation Address (Sona)—to cut red tape
in government,” he added.
Under the bill, processing of business applications by national or local government
agencies should not be longer than three working days for simple transactions, and
seven working days for complex transactions.
If the office failed to act on the application for license, clearance or permit after the
prescribed processing period had lapsed, then the application “shall be deemed
approved.”
“To further prevent inaction and corruption in government agencies, we made the
penalties stiffer for violators of the law,” Zubiri said.
The measure also mandated the Department of Information and Communications
Technology (DICT) to establish a cloud-native Central Business Portal that would
receive the application and capture application data from business entities nationwide.
The bill would also rename the existing Competitiveness Bureau under the
Department of Trade and Industry to Business Anti-Red Tape and Competitiveness
Bureau, which is tasked to complement the functions of the Civil Service Commission
in implementing the Expanded ARTA.
“These reforms will introduce more economic activities that will increase
opportunities and incomes of business firms, all types of entrepreneurs and their
employees,”
1. Go Electronic.
This is why going electronic is a very important consideration. There are several examples of software that can be used to
keep all employee documents in one place, where they can be edited and generated at the click of a button.
There are also software specialized for different government forms. For example, there is the SSS R3 program that is
given to companies as soon as they register with SSS. It is important to learn how to use this so that all employee
contributions are updated accordingly.
By keeping everything organized in digital files, it will be easier to find, edit, correct, and submit information to
government agencies.
Have a campaign to have your employees update their details at least every month. This keeps your files up to date. It is
also a great thing if you have an online portal where the employees can view and edit their information anytime. By
prompting them at regular intervals, your HR can have a hands-off yet effective approach to avoiding government red
tape.
When submitting government documents, it is ideal for companies to submit at the branch where they signed up for. It is
even more ideal if they can submit to the same person or department.
Ideally, a single person can be assigned to do the regular task of information submission. This builds a personal
relationship between the two ends of the transaction. At the same time, it increases the chance for the company to be given
priority for government processes.
Note that this does NOT amount to actively courting favor from government employees. Point persons are important as
the image of the company — a good working relationship strengthens the company’s reputation with those they deal with.
Companies are often better equipped than the government here in the Philippines. This is why it falls to the companies to
securely backup all records of transactions. This includes not only the documents and receipts, but also timestamps of
when these transactions happened (whenever possible). This ensures that you have proof to show when something goes
wrong.
Art. 210. Direct bribery. — Any public officer who shall agree to perform an act constituting a crime, in
connection with the performance of this official duties, in consideration of any offer, promise, gift or present
received by such officer, personally or through the mediation of another, shall suffer the penalty of prision
mayor in its medium and maximum periods and a fine [of not less than the value of the gift and] not less than
three times the value of the gift in addition to the penalty corresponding to the crime agreed upon, if the same
shall have been committed.
If the gift was accepted by the officer in consideration of the execution of an act which does not constitute a
crime, and the officer executed said act, he shall suffer the same penalty provided in the preceding paragraph;
and if said act shall not have been accomplished, the officer shall suffer the penalties of prision correccional, in
its medium period and a fine of not less than twice the value of such gift.chanrobles virtual law library
If the object for which the gift was received or promised was to make the public officer refrain from doing
something which it was his official duty to do, he shall suffer the penalties of prision correccional in its
maximum period and a fine [of not less than the value of the gift and] not less than three times the value of
such gift.chanrobles virtual law library
In addition to the penalties provided in the preceding paragraphs, the culprit shall suffer the penalty of special
temporary disqualification.chanrobles virtual law library chan robles virtual law library
The provisions contained in the preceding paragraphs shall be made applicable to assessors, arbitrators,
appraisal and claim commissioners, experts or any other persons performing public duties. (As amended by
Batas Pambansa Blg. 872, June 10, 1985).
Art. 211. Indirect bribery. — The penalties of prision correccional in its medium and maximum periods, and
public censure shall be imposed upon any public officer who shall accept gifts offered to him by reason of his
office. (As amended by Batas Pambansa Blg. 872, June 10, 1985).
Art. 212. Corruption of public officials. — The same penalties imposed upon the officer corrupted, except those
of disqualification and suspension, shall be imposed upon any person who shall have made the offers or
promises or given the gifts or presents as described in the preceding articles