R.A. 9485R.A. 9485ANTI ANTI REDRED TAPE ACT TAPE ACT

AN ACT TO IMPROVE AN ACT TO IMPROVE EFFICIENCY IN THE DELIVERY EFFICIENCY IN THE DELIVERY OF GOVERNMENT SERVICE TO OF GOVERNMENT SERVICE TO

THE PUBLIC BY REDUCING THE PUBLIC BY REDUCING BUREAUCRATIC RED TAPE BUREAUCRATIC RED TAPE PREVENTING GRAFT AND PREVENTING GRAFT AND

CORRUPTION, AND PROVIDING CORRUPTION, AND PROVIDING PENALTIES THEREFORPENALTIES THEREFOR

HISTORYHISTORY On the 19On the 19thth day of February 2007,Senate day of February 2007,Senate

Bill no. 2589 and House Bill no.3776 Bill no. 2589 and House Bill no.3776 passed before the Congress during its 13passed before the Congress during its 13thth session.session.

(Feb.8 and 20 to be more accurate)(Feb.8 and 20 to be more accurate)

On June 2, 2007 it was signed into law by On June 2, 2007 it was signed into law by the president GMAthe president GMA

The IRR of RA 9485 took effect on Sept 5, The IRR of RA 9485 took effect on Sept 5, 2008 via MC 12 issued by the CSC.2008 via MC 12 issued by the CSC.

As of today, most LGU’s are in the process As of today, most LGU’s are in the process of integrating and implementing the Act.of integrating and implementing the Act.

R.A. 9485R.A. 9485 Section 1. Short Title. - This Act shall be known Section 1. Short Title. - This Act shall be known

as the as the “Anti-Red Tape Act of 2007”“Anti-Red Tape Act of 2007”.. (ARTA)(ARTA)

Sec. 2. Declaration of Policy. - It is hereby Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State to declared the policy of the State to promote promote integrity, accountability, proper management of integrity, accountability, proper management of public affairs and public property as well as to public affairs and public property as well as to establish effective practices aimed at the establish effective practices aimed at the prevention of graft and corruption in prevention of graft and corruption in governmentgovernment. .

Towards this end, the State shall maintain Towards this end, the State shall maintain honesty and responsibility among its public honesty and responsibility among its public officials and employees, and shall take officials and employees, and shall take appropriate measures to promote transparency appropriate measures to promote transparency in each agency with regard to the manner of in each agency with regard to the manner of transacting with the public, which shall transacting with the public, which shall encompass a program for the adoption of encompass a program for the adoption of simplified procedures that will reduce red tape simplified procedures that will reduce red tape and expedite transactions in government.and expedite transactions in government.

CONSTITUTIONAL BASISCONSTITUTIONAL BASIS Art II, Sec 27 of the 1987 Constitution Art II, Sec 27 of the 1987 Constitution

states that: the State shall maintain states that: the State shall maintain honesty and integrity in the public honesty and integrity in the public service and shall take positive and service and shall take positive and effective measures against graft and effective measures against graft and corruption.corruption.

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

Sec. 3. Coverage. - This Act shall Sec. 3. Coverage. - This Act shall apply to all apply to all government offices and agencies including government offices and agencies including local government units and government-local government units and government-owned or -controlled corporations that provide owned or -controlled corporations that provide frontline servicesfrontline services as defined in this Act. Those as defined in this Act. Those performing judicial, quasi-judicial and performing judicial, quasi-judicial and legislative functions are excluded from the legislative functions are excluded from the coverage of this Act.coverage of this Act.

Sec. 4. Definition of terms:Sec. 4. Definition of terms: (a) "Simple Transactions" refer to requests (a) "Simple Transactions" refer to requests

or applications submitted by clients ofa or applications submitted by clients ofa government office or agency which only government office or agency which only require ministerial actions on the part of the require ministerial actions on the part of the public officer or employee, or that which public officer or employee, or that which present only inconsequential issues for the present only inconsequential issues for the resolution by an officer or employee of said resolution by an officer or employee of said government office.government office.

(b) "Complex Transactions" refer to requests (b) "Complex Transactions" refer to requests or applications submitted by clients of a or applications submitted by clients of a government office which necessitate the use government office which necessitate the use of discretion in the resolution of complicated of discretion in the resolution of complicated issues by an officer or employee of said issues by an officer or employee of said government office, such transaction to be government office, such transaction to be determined by the office concerned.determined by the office concerned.

(c) "Frontline Service" refers to the process or (c) "Frontline Service" refers to the process or transaction between clients and government transaction between clients and government offices or agencies involving offices or agencies involving applications for applications for any privilege, right, permit, reward, license, any privilege, right, permit, reward, license, concession, or for any modification, renewal or concession, or for any modification, renewal or extensionextension of the enumerated applications of the enumerated applications and/or requests which are acted upon in the and/or requests which are acted upon in the ordinary course of business of the agency or ordinary course of business of the agency or office concerned. office concerned.

(d) "Action" refers to the written approval or (d) "Action" refers to the written approval or disapproval made by a government office or disapproval made by a government office or agency on the application or request agency on the application or request submitted by a client for processing.submitted by a client for processing.

(e) "Officer or Employee" refers to a person (e) "Officer or Employee" refers to a person employed in a government office or agency employed in a government office or agency required to perform specific duties and required to perform specific duties and responsibilities related to the application or responsibilities related to the application or request submitted by a client for processing.request submitted by a client for processing.

(f) "Irrelevant requirement" refer to any (f) "Irrelevant requirement" refer to any document or performance of an act not document or performance of an act not directly material to the resolution of the directly material to the resolution of the issues raised in the request or needed in the issues raised in the request or needed in the application submitted by the client. application submitted by the client.

(g) "Fixer" refers to any individual (g) "Fixer" refers to any individual whether or not officially involved in the whether or not officially involved in the operation of a government office or operation of a government office or agency who has access to people agency who has access to people working therein, and whether or not in working therein, and whether or not in collusion with them, facilitates speedy collusion with them, facilitates speedy completion of transactions for completion of transactions for pecuniary gain or any other advantage pecuniary gain or any other advantage or consideration.or consideration.

#Fixing#Fixing refers to the act that involves undue refers to the act that involves undue facilitation of transactions for pecuniary gain facilitation of transactions for pecuniary gain or other advantageor other advantage

SEC. 5 Reengineering of Systems and SEC. 5 Reengineering of Systems and ProceduresProcedures..

All offices and agencies which All offices and agencies which provide frontline services are hereby provide frontline services are hereby mandated to regularly undertake mandated to regularly undertake time and motion studies, undergo time and motion studies, undergo evaluation and improvement of their evaluation and improvement of their transaction systems and procedures transaction systems and procedures and re-engineer the same if deemed and re-engineer the same if deemed necessary to reduce bureaucratic red necessary to reduce bureaucratic red tape and processing time tape and processing time

What are the responsibilities of each What are the responsibilities of each office/agency under this Act?office/agency under this Act?

a) Determine which processes or transactions a) Determine which processes or transactions constitute frontline servicesconstitute frontline servicesb) Undertake reengineering of transaction b) Undertake reengineering of transaction systems and procedures, including time and systems and procedures, including time and motion studies, if necessary and after motion studies, if necessary and after compliancecompliancec) Set-up their respective service standards to c) Set-up their respective service standards to be known as Citizen’s Charterbe known as Citizen’s Charter

Why do the agencies or offices need to do Why do the agencies or offices need to do these activities? these activities? These processes serve the These processes serve the purpose of reducing and simplifying the purpose of reducing and simplifying the following:following:1.steps in providing the service; 2.forms used; 1.steps in providing the service; 2.forms used; 3.requirements; 4.processing time; 5.fees and 3.requirements; 4.processing time; 5.fees and charges.charges.

How many signatures are allowed in evaluating How many signatures are allowed in evaluating a request, application or transaction?a request, application or transaction?- Number of signatories shall be limited to a - Number of signatories shall be limited to a maximum of five (5) signatures per transaction.maximum of five (5) signatures per transaction.

Who shall sign in the absence of the regular Who shall sign in the absence of the regular signatory? signatory? a) If there is only one official next in rank, he/she shall automatically be the signatoryb) If there are 2 or more officials next in rank, the appropriate office order shall prescribe the order of priority among the officials next in rank within the same organizational unitc) If there is no official next in rank present and available, the head of the department, office or agency shall designate an officer-in-charge from among the next lower rank in the same unit

SEC. 6. Citizen's CharteSEC. 6. Citizen's Charterr All government agencies including All government agencies including

departments, bureaus, offices, departments, bureaus, offices, instrumentalities, or government-instrumentalities, or government-owned and/or controlled corporations, owned and/or controlled corporations, or local government or district units or local government or district units shall set up their respective service shall set up their respective service standards to be known as the Citizen's standards to be known as the Citizen's Charter in the form of information Charter in the form of information billboards which should be posted at billboards which should be posted at the main entrance of offices or at the the main entrance of offices or at the most conspicuous place, and in the most conspicuous place, and in the form of published materials written form of published materials written either in English, Filipino, or in the local either in English, Filipino, or in the local dialect, that detail: dialect, that detail:

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

(b) The person/s responsible for each (b) The person/s responsible for each step;step;

(c) The maximum time to conclude the (c) The maximum time to conclude the process;process;

(d) The document/s to be presented by (d) The document/s to be presented by the customer, if necessary;the customer, if necessary;

(e) The amount of fees, if necessary; (e) The amount of fees, if necessary; andand

(f) The procedure for filing complaints.(f) The procedure for filing complaints.

What is the Citizen’s Charter?What is the Citizen’s Charter? It is an official document, a service It is an official document, a service

standard, or a pledge, that standard, or a pledge, that communicates information on the communicates information on the services provided by the concerned services provided by the concerned government agency to the public. It government agency to the public. It describes the step-by-step procedure describes the step-by-step procedure for availing a particular service, and the for availing a particular service, and the guaranteed performance level that guaranteed performance level that they may expect for that service.they may expect for that service.

Crucial to the formulation of a Crucial to the formulation of a Citizens Charter is the identification Citizens Charter is the identification of frontline services.of frontline services.

Frontline services include those Frontline services include those services services 1.with regular face to face interaction 1.with regular face to face interaction with the publicwith the public2.which are highly demanded or 2.which are highly demanded or highly neededhighly needed3.which receive the most number of 3.which receive the most number of complaintscomplaints4. which have immediate impact on 4. which have immediate impact on the community the community

How shall the Citizen’s Charter be How shall the Citizen’s Charter be drafted?drafted?

A task force, constituted by the head of A task force, constituted by the head of office or agency, shall prepare the office or agency, shall prepare the Citizen’s Charter. It shall be drafted Citizen’s Charter. It shall be drafted taking into consideration the taking into consideration the stakeholders, users and beneficiaries of stakeholders, users and beneficiaries of the frontline services. Non-government the frontline services. Non-government organizations and concerned groups organizations and concerned groups should be encouraged to participate should be encouraged to participate during the consultative formulation of during the consultative formulation of the Charter.the Charter.

What should be included in the Citizen’s Charter?What should be included in the Citizen’s Charter? Vision and Mission of the office or agencyVision and Mission of the office or agency Identification of the frontline services offeredIdentification of the frontline services offered ClientsClients Step-by-step procedure to obtain a serviceStep-by-step procedure to obtain a service Officer or employee responsible for each stepOfficer or employee responsible for each step Maximum time to conclude the processMaximum time to conclude the process Documents to be presented by the client and why they are Documents to be presented by the client and why they are

neededneeded Amount of feesAmount of fees Procedure for filing complaintsProcedure for filing complaints Names and contact details of the officials whom clients can Names and contact details of the officials whom clients can

file complaints tofile complaints to Allowable period for extension due to unusual circumstancesAllowable period for extension due to unusual circumstances Contact numbers to call for recommendations, inquiries, Contact numbers to call for recommendations, inquiries,

suggestions as well as complaintssuggestions as well as complaints---shall be in the form of billboards or published materials written ---shall be in the form of billboards or published materials written

either in English, Filipino or in the local dialect, and posted at either in English, Filipino or in the local dialect, and posted at the main entrance of the offices or the most conspicuous the main entrance of the offices or the most conspicuous placesplaces

SEC. 7. Accountability of the Heads of SEC. 7. Accountability of the Heads of Offices and AgenciesOffices and Agencies

The head of the office or agency shall The head of the office or agency shall be primarily responsible for the be primarily responsible for the implementation of this Act and shall be implementation of this Act and shall be held accountable to the public in held accountable to the public in rendering fast, efficient, convenient and rendering fast, efficient, convenient and reliable service. All transactions and reliable service. All transactions and processes are deemed to have been processes are deemed to have been made with the permission or clearance made with the permission or clearance from the highest authority having from the highest authority having jurisdiction over the government office jurisdiction over the government office or agency concerned. or agency concerned.

What are the responsibilities of the What are the responsibilities of the agency/office heads?agency/office heads?

1. He/she shall be responsible for the 1. He/she shall be responsible for the implementation of this Act in his/her agency.implementation of this Act in his/her agency.

2. He/she shall be held accountable to the public in 2. He/she shall be held accountable to the public in renderingrendering

efficient and reliable service.efficient and reliable service. 3. He/she shall grant permit or clearance for all 3. He/she shall grant permit or clearance for all

transactionstransactions having his/her jurisdiction in his/her agency.having his/her jurisdiction in his/her agency. 4. He/she shall formally issue and release the 4. He/she shall formally issue and release the

Citizen’s Charter.Citizen’s Charter. 5. He/she shall monitor and review the 5. He/she shall monitor and review the

implementation of the Charter.implementation of the Charter.------in case of non compliance, the agency or office head in case of non compliance, the agency or office head

maybe filed with criminal and administrative charges

before the appropriate forum.

SEC. 8. Accessing Frontline SEC. 8. Accessing Frontline ServicesServices

(a) Acceptance of Applications and Request - (a) Acceptance of Applications and Request - (1) All officers or employees shall accept written (1) All officers or employees shall accept written applications, requests, and/or documents being applications, requests, and/or documents being submitted by clients of the office or agencies. submitted by clients of the office or agencies. (2) The responsible officer or employee shall (2) The responsible officer or employee shall acknowledge receipt of such application and/or acknowledge receipt of such application and/or request by writing or printing clearly thereon request by writing or printing clearly thereon his/her name, the unit where he/she is connected his/her name, the unit where he/she is connected with, and the time and date of receipt. with, and the time and date of receipt. (3) The receiving officer or employee shall (3) The receiving officer or employee shall perform a preliminary assessment of the perform a preliminary assessment of the request so as to promote a more expeditious request so as to promote a more expeditious action on requests.action on requests.

(b) Action of Offices – (b) Action of Offices – (1) All applications and/or requests submitted shall (1) All applications and/or requests submitted shall be acted upon by the assigned officer or employee be acted upon by the assigned officer or employee during the period stated in the Citizen's Charter during the period stated in the Citizen's Charter which shall not be longer than five working days in which shall not be longer than five working days in the case of simple transactions and ten (10) the case of simple transactions and ten (10) working days in the case of complex transactions working days in the case of complex transactions from the date the request or application was from the date the request or application was received. received. Depending on the nature of the frontline services Depending on the nature of the frontline services requested or the mandate of the office or agency requested or the mandate of the office or agency under unusual circumstances, the maximum time under unusual circumstances, the maximum time prescribed above maybe extended. For the prescribed above maybe extended. For the extension due to nature of frontline services or the extension due to nature of frontline services or the mandate of the office or agency concerned the mandate of the office or agency concerned the period for the delivery of frontline services shall be period for the delivery of frontline services shall be indicated in the Citizen's Charter. The office or indicated in the Citizen's Charter. The office or agency concerned shall notify the requesting party agency concerned shall notify the requesting party in writing of the reason for the extension and the in writing of the reason for the extension and the final date of release for the extension and the final final date of release for the extension and the final date of release of the frontline service/s requested. date of release of the frontline service/s requested.

(2) No application or request shall be returned to (2) No application or request shall be returned to the client without appropriate action. In case an the client without appropriate action. In case an application or request is disapproved, the officer or application or request is disapproved, the officer or employee who rendered the decision shall send a employee who rendered the decision shall send a formal notice to the client within five working days formal notice to the client within five working days from the receipt of the request and/or application, from the receipt of the request and/or application, stating therein the reason for the disapproval stating therein the reason for the disapproval including a list of specific requirement/s which the including a list of specific requirement/s which the client failed to submit. client failed to submit.

(c) Denial of Request for Access to Government (c) Denial of Request for Access to Government ServiceService - Any denial of request for access to - Any denial of request for access to government service shall be fully explained in government service shall be fully explained in writing, stating the name of the person making the writing, stating the name of the person making the denial and the grounds upon which such denial is denial and the grounds upon which such denial is based. Any denial of request is deemed to have based. Any denial of request is deemed to have been made with the permission or clearance from been made with the permission or clearance from the highest authority having jurisdiction over the the highest authority having jurisdiction over the government office or agency concerned. government office or agency concerned.

(d) Limitation of Signatories - The number of (d) Limitation of Signatories - The number of signatories in any document shall be limited to a signatories in any document shall be limited to a maximum of five signatures which shall represent maximum of five signatures which shall represent officers directly supervising the office or agency officers directly supervising the office or agency concerned concerned

(e) Adoption of Working Schedules to Serve Clients - (e) Adoption of Working Schedules to Serve Clients - Heads of offices and agencies which render Heads of offices and agencies which render frontline services shall adopt appropriate working frontline services shall adopt appropriate working schedules to ensure that all clients who are within schedules to ensure that all clients who are within their premises prior to the end of official working their premises prior to the end of official working hours are attended to and served even during hours are attended to and served even during lunch break and after regular working hours. lunch break and after regular working hours.

(f) Identification Card - All employees transacting (f) Identification Card - All employees transacting with the public shall be provided with an with the public shall be provided with an official identification card which should be visibly official identification card which should be visibly worn during office hours.worn during office hours.

(g) Establishment of Public Assistance/Complaints Desk (g) Establishment of Public Assistance/Complaints Desk - Each office or agency shall establish a public - Each office or agency shall establish a public assistance/complaints desk in all their offices. assistance/complaints desk in all their offices.

How does an officer/employee acknowledge How does an officer/employee acknowledge receipt of an application or request from a receipt of an application or request from a client?client?

The responsible officer shall acknowledge receipt of an The responsible officer shall acknowledge receipt of an application or request through writing, indicating the application or request through writing, indicating the officer’s name, his/her organizational unit and date officer’s name, his/her organizational unit and date and time of receipt.and time of receipt.

How does an officer assess the requests or How does an officer assess the requests or applications?applications?

The responsible officer performs preliminary The responsible officer performs preliminary assessment of the request and evaluates the assessment of the request and evaluates the sufficiency of submitted requirements for the sufficiency of submitted requirements for the request or application taking into consideration the request or application taking into consideration the response time needed for the transaction.response time needed for the transaction.

How long must it take for applications or How long must it take for applications or requests to be acted upon?requests to be acted upon?

Applications or requests must be acted upon within Applications or requests must be acted upon within the period prescribed in the agency or office’s the period prescribed in the agency or office’s Citizen’s Charter which should not be longer than Citizen’s Charter which should not be longer than five (5) working days for simple transactions and ten five (5) working days for simple transactions and ten (10) working days for complex transactions from the (10) working days for complex transactions from the date of receiptdate of receipt..

What if the application or request was What if the application or request was disapproved?disapproved?

A formal notice should be sent by the officer/employee A formal notice should be sent by the officer/employee who rendered the decision to the requesting party who rendered the decision to the requesting party within five (5) working days indicating the reason for within five (5) working days indicating the reason for disapproval and including the list of requirement/s disapproval and including the list of requirement/s which the client failed to submit.which the client failed to submit.

What should the requesting party do if he/she What should the requesting party do if he/she disagrees with the action?disagrees with the action?

The requesting party may opt to file complaints The requesting party may opt to file complaints against the office/agency through the grievance against the office/agency through the grievance mechanisms indicated in the Citizen’s Charter. mechanisms indicated in the Citizen’s Charter. These can be in the form of hotline numbers, short These can be in the form of hotline numbers, short message service or information communication message service or information communication technology or other mechanisms by which clients technology or other mechanisms by which clients can adequately express their complaints, can adequately express their complaints, suggestions or comments.suggestions or comments.

What is Public Assistance/Grievance What is Public Assistance/Grievance Desk?Desk?

One of the grievance mechanisms required One of the grievance mechanisms required for all officers/agencies, where an officer for all officers/agencies, where an officer knowledgeable on the frontline services knowledgeable on the frontline services offered shall be available for consultation offered shall be available for consultation and advice. The desk shall be attended to and advice. The desk shall be attended to at all times even during office breaks at all times even during office breaks

What other public assistance What other public assistance mechanisms can an office or agency mechanisms can an office or agency institute?institute?

An office or agency may also establish one-An office or agency may also establish one-stop shops, walk-in service counters or stop shops, walk-in service counters or special lanes for pregnant women, senior special lanes for pregnant women, senior citizens and persons with disabilities citizens and persons with disabilities

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

Offices must devise appropriate working Offices must devise appropriate working schedules to attend to and serve clients who schedules to attend to and serve clients who are within their premises prior to the end of are within their premises prior to the end of official working hours and even during lunch official working hours and even during lunch break and after regular hours. They may opt break and after regular hours. They may opt to provide frontline services as early as 7 in to provide frontline services as early as 7 in the morning and as late as 7 in the evening the morning and as late as 7 in the evening to adequately attend to all clients. to adequately attend to all clients.

What mechanisms can an agency adopt to What mechanisms can an agency adopt to adequately attend to clients?adequately attend to clients?

Offices may adopt rotation system of Offices may adopt rotation system of personnel, sliding flexi-time, reliever system personnel, sliding flexi-time, reliever system especially in peak times of transaction, or especially in peak times of transaction, or providing skeletal personnel during lunch and providing skeletal personnel during lunch and snack time to adequately attend to all clients. snack time to adequately attend to all clients.

SEC. 9. Automatic Extension of Permits and SEC. 9. Automatic Extension of Permits and LicensesLicenses

If a government office or agency fails to act on If a government office or agency fails to act on an application and/or request for renewal of a an application and/or request for renewal of a license, permit or authority subject for renewal license, permit or authority subject for renewal within the prescribed period, said permit, within the prescribed period, said permit, license or authority shall automatically be license or authority shall automatically be extended until a decision or resolution is extended until a decision or resolution is rendered on the application for renewal: rendered on the application for renewal: Provided, That the automatic extension shall Provided, That the automatic extension shall not apply when the permit, license, or not apply when the permit, license, or authority covers activities which pose danger authority covers activities which pose danger to public health, public safety, public morals or to public health, public safety, public morals or to public policy including, but not limited to, to public policy including, but not limited to, natural resource extraction activities.natural resource extraction activities.

Are agencies/offices allowed to extend response Are agencies/offices allowed to extend response time?time?

Agencies are allowed to extend response time provided Agencies are allowed to extend response time provided that there are unusual circumstances. The office that there are unusual circumstances. The office concerned shall notify the requesting party in writing concerned shall notify the requesting party in writing of the reason for the extension and the final date of of the reason for the extension and the final date of release of the service requested release of the service requested

What is automatic extension?What is automatic extension? When an office or agency fails to act upon the When an office or agency fails to act upon the

application application for renewal of permit, license or for renewal of permit, license or authority authority within the prescribed period, the said within the prescribed period, the said permit, license or authority shall be automatically permit, license or authority shall be automatically extended until a decision is rendered on the extended until a decision is rendered on the application for renewal. The applicant shall be application for renewal. The applicant shall be informed prior to the expiration of the original period informed prior to the expiration of the original period that more time is required to evaluate the that more time is required to evaluate the application.application.

Automatic extension however, shall not be applied to an Automatic extension however, shall not be applied to an expired permit, license or authority. No automatic expired permit, license or authority. No automatic extension shall also apply when the activity upon extension shall also apply when the activity upon which the permit, license or authority applied for pose which the permit, license or authority applied for pose danger to public health, public safety, public morals danger to public health, public safety, public morals or to public policy.or to public policy.

SEC. 10. Report Card SurveySEC. 10. Report Card Survey All offices and agencies providing frontline services shall All offices and agencies providing frontline services shall

be subjected to a Report Card Survey to be initiated by be subjected to a Report Card Survey to be initiated by the Civil Service Commission, in coordination with the the Civil Service Commission, in coordination with the Development Academy of the Philippines, which shall Development Academy of the Philippines, which shall be used to obtain feedback on how provisions in the be used to obtain feedback on how provisions in the Citizen's Charter are being followed and how the Citizen's Charter are being followed and how the agency is performing.agency is performing.

The Report Card Survey shall also be used to obtain The Report Card Survey shall also be used to obtain information and/or estimates of hidden costs incurred information and/or estimates of hidden costs incurred by clients to access frontline services which may by clients to access frontline services which may include, but is not limited to, bribes and payment to include, but is not limited to, bribes and payment to fixers. fixers.

A feedback mechanism shall be established in all A feedback mechanism shall be established in all agencies covered by this Act and the results thereof agencies covered by this Act and the results thereof shall be incorporated in their annual report.shall be incorporated in their annual report.

What is a Report Card Survey?What is a Report Card Survey? It is an evaluation tool that provides a quantitative It is an evaluation tool that provides a quantitative

measure of actual public service user perceptions on measure of actual public service user perceptions on the quality, efficiency and adequacy of different the quality, efficiency and adequacy of different frontline services, as well as a critical evaluation of frontline services, as well as a critical evaluation of the office or agency and its personnel. It is an the office or agency and its personnel. It is an instrument that also solicits user feedback on the instrument that also solicits user feedback on the performance of public services, for the purpose of performance of public services, for the purpose of exacting public accountability and, when necessary, exacting public accountability and, when necessary, proposing change.proposing change.

What is the purpose of the survey?What is the purpose of the survey? 1.1. to provide critical evaluation of the office or agency, to provide critical evaluation of the office or agency,

or its personnel;or its personnel;2.2. to check clients satisfaction, operational efficiency to check clients satisfaction, operational efficiency

and areas vulnerable to corruption;and areas vulnerable to corruption;3.3. to highlight best practices;to highlight best practices;4.4. to provide incentives for excellent service delivery; to provide incentives for excellent service delivery; 5.5. to give recommendations for improvement in to give recommendations for improvement in

problem areas and inefficiencies. problem areas and inefficiencies. (conducted by the CSC and DAP)(conducted by the CSC and DAP)

SEC. 11. ViolationsSEC. 11. Violations

After compliance with the substantive and After compliance with the substantive and procedural due process, the following shall procedural due process, the following shall constitute violations of this Act together with constitute violations of this Act together with their corresponding penalties: their corresponding penalties:

Light Offense - (1) Refusal to accept application Light Offense - (1) Refusal to accept application and/or request within the prescribed period or and/or request within the prescribed period or any document being submitted by a client; (2) any document being submitted by a client; (2) Failure to action an application and/or request Failure to action an application and/or request or failure to refer back to the client a request or failure to refer back to the client a request which cannot be acted upon due to lack of which cannot be acted upon due to lack of requirement/s within the prescribed period; (3) requirement/s within the prescribed period; (3) Failure to attend to clients who are within the Failure to attend to clients who are within the premises of the office or agency concerned prior premises of the office or agency concerned prior to the end of official working hours and during to the end of official working hours and during lunch lunch

(4)Failure to render frontline services within the (4)Failure to render frontline services within the prescribed period on any application and/or prescribed period on any application and/or request without due cause; (5) Failure to give the request without due cause; (5) Failure to give the client a written notice on the disapproval of an client a written notice on the disapproval of an application or request; and (6) Imposition of application or request; and (6) Imposition of additional irrelevant requirements other than additional irrelevant requirements other than those listed in the first notice. those listed in the first notice.

Penalties for light offense shall be as follows: First Penalties for light offense shall be as follows: First Offense - Thirty (30) days suspension without Offense - Thirty (30) days suspension without pay and mandatory attendance in Values pay and mandatory attendance in Values Orientation Program; Second Offense - Three (3) Orientation Program; Second Offense - Three (3) months suspension without pay; and Third months suspension without pay; and Third Offense - Dismissal and perpetual disqualification Offense - Dismissal and perpetual disqualification from public service.from public service.

b) Grave Offense - Fixing and/or collusion with fixers b) Grave Offense - Fixing and/or collusion with fixers

in consideration of economic and/or other gain in consideration of economic and/or other gain or advantage. Penalty - Dismissal and or advantage. Penalty - Dismissal and perpetual disqualification from public service perpetual disqualification from public service

What acts can be considered as a light offense for What acts can be considered as a light offense for

erring public officials?erring public officials? Refusal to accept application and/or request within the Refusal to accept application and/or request within the prescribed period or any document submitted by the clientprescribed period or any document submitted by the client

Failure to act on an application and/or request or failure to Failure to act on an application and/or request or failure to refer back to the client a request which cannot be acted refer back to the client a request which cannot be acted upon due to lack of requirements within the prescribed upon due to lack of requirements within the prescribed periodperiod

Failure to attend to clients who are within the premises oft Failure to attend to clients who are within the premises oft he office or agency concerned prior to the end of the he office or agency concerned prior to the end of the working hours and during lunch breakworking hours and during lunch break

Failure to render frontline services within the prescribed Failure to render frontline services within the prescribed period on an application and/or request without due causeperiod on an application and/or request without due cause

Failure to give the client a written notice on the disapproval Failure to give the client a written notice on the disapproval of an application or requestof an application or request

Imposition of additional irrelevant requirements other than Imposition of additional irrelevant requirements other than those listed those listed

What are the penalties for light offenses?What are the penalties for light offenses?••First offense – 30 days suspension without pay First offense – 30 days suspension without pay

and mandatory attendance in Values and mandatory attendance in Values Orientation ProgramOrientation Program

••Second offense – Three (3) months suspension Second offense – Three (3) months suspension without paywithout pay

••Third offense – Dismissal and perpetual Third offense – Dismissal and perpetual disqualification from public servicedisqualification from public service

What act can be considered as a grave What act can be considered as a grave offense?offense?

Fixing and/or collusion with fixers in Fixing and/or collusion with fixers in consideration of economic and/or other gain or consideration of economic and/or other gain or advantage which can be committed by insiders advantage which can be committed by insiders or outsiders of the office, the penalty thereof is or outsiders of the office, the penalty thereof is dismissal and perpetual disqualification from dismissal and perpetual disqualification from public service.public service.

SEC. 12. Criminal Liability for Fixers.SEC. 12. Criminal Liability for Fixers.- In addition - In addition to Sec. 11 (b), fixers, as defined in this Act, shall to Sec. 11 (b), fixers, as defined in this Act, shall suffer the penalty of imprisonment not exceeding six suffer the penalty of imprisonment not exceeding six years or a fine not less than Twenty Thousand Pesos years or a fine not less than Twenty Thousand Pesos (P20,000.00) but not more than Two Hundred (P20,000.00) but not more than Two Hundred Thousand Pesos (P200,000.00) or both fine and Thousand Pesos (P200,000.00) or both fine and imprisonment at the discretion of the court.imprisonment at the discretion of the court.

SEC. 13. Civil and Criminal Liability, Not SEC. 13. Civil and Criminal Liability, Not Barred.Barred.- The finding of administrative liability under - The finding of administrative liability under this Act shall not be a bar to the filing of criminal, this Act shall not be a bar to the filing of criminal, civil or other related charges under existing laws civil or other related charges under existing laws arising from the same act or omission as herein arising from the same act or omission as herein enumerated.enumerated.

SEC. 14. Administrative JurisdictionSEC. 14. Administrative Jurisdiction. - The . - The administrative jurisdiction on any violation of the administrative jurisdiction on any violation of the provisions of this Act shall be vested in either the provisions of this Act shall be vested in either the Civil Service Commission (CSC), the Presidential Civil Service Commission (CSC), the Presidential Anti-Graft Commission (PAGC) or the Office of the Anti-Graft Commission (PAGC) or the Office of the Ombudsman as determined by appropriate laws and Ombudsman as determined by appropriate laws and issuances. issuances.

SEC. 15. Immunity; Discharge of Co-SEC. 15. Immunity; Discharge of Co-Respondent/Accused to be a Witness.Respondent/Accused to be a Witness.

Any public official or employee or any Any public official or employee or any person having been charged with another person having been charged with another under this Act and who voluntarily gives under this Act and who voluntarily gives information pertaining to an investigation information pertaining to an investigation or who willingly testifies therefore, shall be or who willingly testifies therefore, shall be exempt from prosecution in the case/s exempt from prosecution in the case/s where his/her information and testimony where his/her information and testimony are given. The discharge may be granted are given. The discharge may be granted and directed by the investigating body or and directed by the investigating body or court upon the application or petition of court upon the application or petition of any of the respondent/accused-informant any of the respondent/accused-informant and before the termination of the and before the termination of the investigation: Provided, That:investigation: Provided, That:

(a) There is absolute necessity for the testimony of (a) There is absolute necessity for the testimony of the respondent/accused informant whose discharge is the respondent/accused informant whose discharge is requested;requested;

(b) There is no other direct evidence available for the proper (b) There is no other direct evidence available for the proper prosecution of the offense committed, except the testimony prosecution of the offense committed, except the testimony of said respondent/accused-informant;of said respondent/accused-informant;

(c) The testimony of said respondent/accused-informant can (c) The testimony of said respondent/accused-informant can be substantially corroborated in its material points;be substantially corroborated in its material points;

(d) The respondent/accused-informant has not been (d) The respondent/accused-informant has not been previously convicted of a crime involving moral turpitude; previously convicted of a crime involving moral turpitude; andand

(e) Said respondent/accused-informant does not appear to be (e) Said respondent/accused-informant does not appear to be the most guilty. Evidence adduced in support of the the most guilty. Evidence adduced in support of the discharge shall automatically form part of the records of the discharge shall automatically form part of the records of the investigation. Should the investigating body or court deny investigation. Should the investigating body or court deny the motion or request for discharge as a witness, his/her the motion or request for discharge as a witness, his/her sworn statement shall be inadmissible as evidence.sworn statement shall be inadmissible as evidence.

What if the investigating body or court denies the What if the investigating body or court denies the motion or request for discharge as a witness of an motion or request for discharge as a witness of an accused-informant?accused-informant?

The statement of the said accused-informant shall be The statement of the said accused-informant shall be inadmissible as evidence inadmissible as evidence

Can a court or investigating body revoke immunity Can a court or investigating body revoke immunity already given to an accused-informant?already given to an accused-informant?

The court or investigating body can cancel the immunity of an The court or investigating body can cancel the immunity of an accused-informant and prosecute him/her administratively accused-informant and prosecute him/her administratively or criminally if he/she:or criminally if he/she:

a)a) fails, refuses to testify or to continue to testify,fails, refuses to testify or to continue to testify,

b)b) testifies falsely or evasively or,testifies falsely or evasively or,

c)c) violates any condition accompanying the immunity violates any condition accompanying the immunity without just case without just case

SEC. 16. Implementing Rules and SEC. 16. Implementing Rules and Regulations.Regulations.- The Civil Service - The Civil Service Commission in coordination with the Commission in coordination with the Development Academy of the Philippines Development Academy of the Philippines (DAP), the Office of the Ombudsman and (DAP), the Office of the Ombudsman and the Presidential Anti-Graft Commission the Presidential Anti-Graft Commission (PAGC), shall promulgate the necessary (PAGC), shall promulgate the necessary rules and regulations within ninety (90) rules and regulations within ninety (90) days from the effectivity of this Act. days from the effectivity of this Act.

SEC. 17. Separability Clause.SEC. 17. Separability Clause.- If any - If any provision of this Act shall be declared provision of this Act shall be declared invalid or unconstitutional, such invalid or unconstitutional, such declaration shall not affect the validity of declaration shall not affect the validity of the remaining provisions of this Act.the remaining provisions of this Act.

SEC. 18. Repealing Clause.SEC. 18. Repealing Clause.- All - All provisions of laws, presidential provisions of laws, presidential decrees, letters of instruction and decrees, letters of instruction and other presidential issuances which other presidential issuances which are incompatible or inconsistent with are incompatible or inconsistent with the provisions of this Act are hereby the provisions of this Act are hereby deemed amended or repealed. deemed amended or repealed.

SEC. 19. Effectivity.SEC. 19. Effectivity.- This Act shall - This Act shall take effect within fifteen (15) days take effect within fifteen (15) days following its publication in the Official following its publication in the Official Gazette or in two (2) national Gazette or in two (2) national newspapers of general circulation. newspapers of general circulation.

FAQ’sFAQ’sWhy did the government devise this law, RA Why did the government devise this law, RA

9485 that seems to punish “small time graft 9485 that seems to punish “small time graft and corruptors”, how do we go about the and corruptors”, how do we go about the “big fishes”?“big fishes”?

The Anti-Red Tape act is a graft and corruption The Anti-Red Tape act is a graft and corruption prevention measure. The Act is just among prevention measure. The Act is just among the many corruption prevention law. There the many corruption prevention law. There are many laws addressing graft and are many laws addressing graft and corruption in higher authorities. Example is corruption in higher authorities. Example is the Anti-Money Laundering act and Anti-the Anti-Money Laundering act and Anti-Graft and Corrupt practices act. RA 9485 is Graft and Corrupt practices act. RA 9485 is an anti-corruption prevention measure an anti-corruption prevention measure intended for frontline services to avoid red intended for frontline services to avoid red tape that induces graft and corruption. It will tape that induces graft and corruption. It will not, however, pose as an ultimate answer to not, however, pose as an ultimate answer to the vast graft and corruption issuethe vast graft and corruption issue

What if the Sanggunian Bayan delays a What if the Sanggunian Bayan delays a passage of a resolution,will it be passage of a resolution,will it be covered by 5 or 10-day restriction covered by 5 or 10-day restriction period?period?

The Sangguniang Bayan is not included. It is The Sangguniang Bayan is not included. It is not considered as a frontline service not considered as a frontline service agency since it is legislative in nature.agency since it is legislative in nature.

Where shall the LGUs get the funding Where shall the LGUs get the funding for the implementation of RA 9845?for the implementation of RA 9845?

LGUs can apply for a supplemental budget LGUs can apply for a supplemental budget and cite RA 9845 as justification. Probably and cite RA 9845 as justification. Probably the LCE and the Sanggunian can find a the LCE and the Sanggunian can find a way to acquire funding sources for their way to acquire funding sources for their Citizens’ Charter.Citizens’ Charter.

How about LGUs who have already formulated a How about LGUs who have already formulated a similar document to that of the Citizens’ Charter, similar document to that of the Citizens’ Charter, such as their Service Manual?such as their Service Manual?

It is a fact that there are a number of LGUs who It is a fact that there are a number of LGUs who have already formulated their Citizens’ Charter have already formulated their Citizens’ Charter by means of grant from funding agencies. All by means of grant from funding agencies. All they have to do is to update their Citizens’ they have to do is to update their Citizens’ Charter based on the provisions of the law that Charter based on the provisions of the law that frontline services must be coupled with frontline services must be coupled with corresponding time allotment, persons corresponding time allotment, persons responsible, and other requirements, fees and responsible, and other requirements, fees and chargescharges

How do we avoid the proliferation of fixers? How do we avoid the proliferation of fixers?

It was also emphasized that to avoid the It was also emphasized that to avoid the proliferation of fixers, information sharing to the proliferation of fixers, information sharing to the public by means of posting of IEC materials on public by means of posting of IEC materials on bulletin boards, crafting of flow charts and bulletin boards, crafting of flow charts and instructions right at the entrance of the agencies instructions right at the entrance of the agencies are needed and are required from them.are needed and are required from them.

Is an ordinance needed to effect the Is an ordinance needed to effect the Citizens’ Charter in theLGU?Citizens’ Charter in theLGU?

It really depends on the local Sanggunian, since It really depends on the local Sanggunian, since there is no provision in the law that an there is no provision in the law that an ordinance is a requirement. However, it is ordinance is a requirement. However, it is suggested that the Sanggunian must be suggested that the Sanggunian must be engaged in the crafting of the charter to engaged in the crafting of the charter to ensure their support and its smooth ensure their support and its smooth implementation.implementation.

How do we monitor compliance of LGUs in How do we monitor compliance of LGUs in the citizens’ charter? Is there an the citizens’ charter? Is there an oversight committee responsible for oversight committee responsible for monitoring?monitoring?

In terms of monitoring of LGU compliance in the In terms of monitoring of LGU compliance in the crafting of a Citizens’Charter, the DILG will be crafting of a Citizens’Charter, the DILG will be devising an enforcement mechanism devising an enforcement mechanism preferably by means of an awards system to preferably by means of an awards system to inspire others to formulate their charter.inspire others to formulate their charter.

Should the National Government Should the National Government Agencies stationed in the LGUs Agencies stationed in the LGUs incorporate their Citizens’ Charter to incorporate their Citizens’ Charter to the Citizens’ Charter of LGU?the Citizens’ Charter of LGU?

National government agencies stationed in National government agencies stationed in the LGU must not incorporate their the LGU must not incorporate their individual Citizens’ Charter to that LGU individual Citizens’ Charter to that LGU Citizens’ Charter, instead they must Citizens’ Charter, instead they must synchronize these charters so that citizens synchronize these charters so that citizens will not be confused .will not be confused .

What is the composition of the Citizens’ What is the composition of the Citizens’ Charter Team, since itis not clearly Charter Team, since itis not clearly identified for in the law?identified for in the law?

As to the composition of the Team who will As to the composition of the Team who will formulate the Citizens’ Charter,the DILG formulate the Citizens’ Charter,the DILG took note of issuing a circular regarding took note of issuing a circular regarding the composition of this committee .the composition of this committee .

If a particular LGU wanted to If a particular LGU wanted to formulate their Citizens’ Charter, formulate their Citizens’ Charter, who will they contact to help who will they contact to help them?them?

Regarding the Citizens’ Charter, the Regarding the Citizens’ Charter, the Development Academy of the Development Academy of the Philippines has already developed a Philippines has already developed a manual that will guide an manual that will guide an organization to do their Citizens’ organization to do their Citizens’ Charter Manual step by step. Charter Manual step by step.

Is there a National Agency that already Is there a National Agency that already has a Citizens’ Charter?has a Citizens’ Charter?The CSC – NCR has already drafted its own The CSC – NCR has already drafted its own Citizens’ Charter and started implementing Citizens’ Charter and started implementing it. In the process of its implementation, we it. In the process of its implementation, we still can seethe positive and negative still can seethe positive and negative aspects of our draft Citizens’ Charter and aspects of our draft Citizens’ Charter and weare adopting our new observations and weare adopting our new observations and started revising it for finalization. The Office started revising it for finalization. The Office of the Ombudsman is also currently of the Ombudsman is also currently conducting seminar regarding the conducting seminar regarding the identification of frontline services at the identification of frontline services at the Philippine Economic Zone Authority (PEZA) Philippine Economic Zone Authority (PEZA) regarding the preparation in their regarding the preparation in their formulation of Citizens Charter.formulation of Citizens Charter.

What will happen if the Mayor What will happen if the Mayor does not allow the Vice Mayor in does not allow the Vice Mayor in the crafting of the Citizens the crafting of the Citizens Charter for reason of difference Charter for reason of difference inpolitical affiliation?inpolitical affiliation?

The Vice Mayor, being the head of the The Vice Mayor, being the head of the Sanggunian can always turn to the Sanggunian can always turn to the Sanggunian and revise some concern Sanggunian and revise some concern in the Citizens’ Charter in the course in the Citizens’ Charter in the course of reviewing the Citizens’ Charter of reviewing the Citizens’ Charter regarding budget concerns. It is regarding budget concerns. It is always the Local Chief Executives always the Local Chief Executives who have the power to implement who have the power to implement and create the Citizens’ Charter.and create the Citizens’ Charter.

Can a client file charges if he was Can a client file charges if he was not attended to at once? What not attended to at once? What evidence can he present?evidence can he present?

A mere refusal to accept an application A mere refusal to accept an application constitutes a violation.constitutes a violation.

Can an office announce that “it Can an office announce that “it does not accept application if does not accept application if requirements are incomplete”?requirements are incomplete”?

It can not be done. The law states that It can not be done. The law states that “mere refusal constitutes a “mere refusal constitutes a violation.” violation.”

If there is a complaint filed against an If there is a complaint filed against an official from a National Government official from a National Government Agency, who will provide sanctions to Agency, who will provide sanctions to the offender?the offender?

In case of DILG officials, the Regional Director In case of DILG officials, the Regional Director is in charge for the disciplinary action of is in charge for the disciplinary action of their erring officials.their erring officials.

Why are the PNP and LTO not included in Why are the PNP and LTO not included in the top 10 priority agencies in the RA the top 10 priority agencies in the RA 9485?9485?

The criterion in identifying the top 10 priority The criterion in identifying the top 10 priority agencies is that they should be involved agencies is that they should be involved primarily in the issuance of Philippine primarily in the issuance of Philippine business permits.The GSIS is included business permits.The GSIS is included because of their concern in the employees because of their concern in the employees of the government. of the government.

THE C.U.R.ETHE C.U.R.EComprehensive and Unified Response to Comprehensive and Unified Response to

Eliminate Red TapeEliminate Red Tape

Program Objectives:Program Objectives: To deepen understanding on the Anti-Red Tape To deepen understanding on the Anti-Red Tape

Law and its imperatives in valuing good local Law and its imperatives in valuing good local governance. governance.

To support the capacity development of local To support the capacity development of local governments in creating and sustaining a governments in creating and sustaining a business-friendly environment. business-friendly environment.

To help improve the efficiency and effectiveness To help improve the efficiency and effectiveness of local government units in their delivery of of local government units in their delivery of frontline services.  frontline services. 

To ensure accountability of local authorities in To ensure accountability of local authorities in institutionalizing the ease of doing business and institutionalizing the ease of doing business and the ease of availing other frontline services in the ease of availing other frontline services in their localitiestheir localities

As of current, over half or 60% of the offices As of current, over half or 60% of the offices which complied with ARTA were local which complied with ARTA were local government units from various parts of the government units from various parts of the country. country.

The CSC also disclosed that model provinces The CSC also disclosed that model provinces and cities have been identified in each of and cities have been identified in each of the regions to showcase best practices in the regions to showcase best practices in frontline service delivery. frontline service delivery.

These provinces are La Union, Cavite, These provinces are La Union, Cavite, Camarines Sur, Bohol, Northern Samar, Camarines Sur, Bohol, Northern Samar, Bukidnon, Cotabato, Agusan del Sur and Bukidnon, Cotabato, Agusan del Sur and Maguindanao. The model cities are Maguindanao. The model cities are Candon in Ilocos Sur, Santiago City in Candon in Ilocos Sur, Santiago City in Isabela, San Fernando City in Pampanga, Isabela, San Fernando City in Pampanga, Tanauan in Batangas, Legazpi and Tabaco Tanauan in Batangas, Legazpi and Tabaco Cities in Albay, Toledo in Cebu as well as Cities in Albay, Toledo in Cebu as well as Baybay in Leyte, Zamboanga City, Iligan Baybay in Leyte, Zamboanga City, Iligan City, Tacurong City and Butuan City City, Tacurong City and Butuan City

Administrative Order No. 241, issued by the Administrative Order No. 241, issued by the Office of the President in October 2008 Office of the President in October 2008 identified priority government agencies in identified priority government agencies in the implementation of the Anti-Red Tape the implementation of the Anti-Red Tape Act in the National Capital Region. Act in the National Capital Region.

These priority agencies, which also have These priority agencies, which also have complied with ARTA, are the CSC, NSO, complied with ARTA, are the CSC, NSO, City Government of Manila, Bureau of City Government of Manila, Bureau of Customs, Department of Environment and Customs, Department of Environment and Natural Resources, Bureau of Food and Natural Resources, Bureau of Food and Drugs, Bureau of Fire Protection, Laguna Drugs, Bureau of Fire Protection, Laguna Lake Development Authority, Bureau of Lake Development Authority, Bureau of Internal Revenue, and Philippine Health Internal Revenue, and Philippine Health Insurance Corporation.Insurance Corporation.

The question to be asked is whether or The question to be asked is whether or not this legislation will prove to be the not this legislation will prove to be the catalyst in the elimination of red tape catalyst in the elimination of red tape bureaucracy, after all it strives to bureaucracy, after all it strives to eliminate graft and corruption from eliminate graft and corruption from the basic levels of government the basic levels of government service, or should it prove to be service, or should it prove to be another stale legislation on the part of another stale legislation on the part of the government.the government.

Afterall, a legislation remains but a Afterall, a legislation remains but a mere piece of written idea without mere piece of written idea without proper implementation from the proper implementation from the governing body..governing body..