Republic Act 11032 (Ease of Doing Business and Efficient Government Service Delivery Act of 2018).pptx

Republic Act 11032 (Ease of Doing Business and Efficient Government Service Delivery Act of 2018).pptx

1. Republic Act 11032 (Ease of Doing Business and Efficient Government Service Delivery Act of 2018) BY: MART NIKKI LOU M. MANTILLA

2. What is RED TAPE? Refers to the rigid or mechanical adherence to bureaucratic rules and regulations especially those involving unnecessary paper works . It involves government procedures which are oppressively complex and time-consuming . Any regulation, rule, or administrative procedure or system that is ineffective or detrimental in achieving its intended objectives and, as a result, produces slow, suboptimal, and undesirable social outcomes.

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

4. Encourage competitiveness and improve the overall business environment . These amendments are aimed at providing the public with quality government service as quickly as possible while substantially reducing expense, inconvenience, and wasted time. Broadly, RA No. 11032 requires government agencies to streamline business registration and compliance procedures .  Why was it passed?

5. The Act shall apply to all: Government offices and agencies including Local government units and Government-owned and controlled corporations with or without original charter that provide frontline services. Other government offices whether in the Philippines or abroad that provide services covering business and non-business-related transactions Who are covered by the Act?

6. Those performing Judicial Quasi-judicial and Legislative functions but their respective frontline services are included (Section 3, RA 9485). Who are excluded?

7. It is an official document, a service standard, or a pledge, that communicates information on the services provided by the concerned government agency to the public. It describes the step-by step procedure for availing a particular service , and the guaranteed performance level that they may expect for that service . Citizen’s Charter

8. Covered entities are now required to pass a Citizen’s Charter which is a comprehensive and uniform checklist of requirements for each type of application or request before said government agencies . The Charter provides for the persons responsible for each step of the application or request, the maximum time to conclude the process , the documents to be presented by the applicant or requesting party, the amount of fees , and the procedure for filing complaints . Citizen’s Charter

9. Zero-contact Policy No contact in any manner with any requesting party concerning an application or request shall be allowed. EXC: During the preliminary assessment of the request and During the evaluation of the sufficiency of documents submitted.

10. Acceptance of Applications or Requests All officers or employees are required to accept written applications, requests and documents or both, submitted by applicants or requesting parties. The receiving officer or employee shall then perform a preliminary assessment on the application or the request submitted and immediately inform the applicant or requesting party of the deficiency in the requirements submitted. The deficiency shall be limited to those enumerated in the Citizen’s Charter.

11. Must be acted upon within the period prescribed in the agency or office’s Citizen’s Charter which should not be longer than: Simple transactions – 3 working days Complex transactions – 7 working days Highly technical transactions – 20 working days from the date of receipt. Processing Time

12. 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. Simple Transactions

13. 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. Complex Transactions

14. Highly Technical Application Application which requires the use of technical knowledge, specialized skills and/or training in the processing and/or evaluation thereof.

15. Denial of Application or Request Denial of the application be explained in writing stating the name of the person who denied the same and the grounds upon which denial is based.

16. Electronic Versions Covered agencies and offices are required to develop electronic versions of licenses, clearances, permits, certifications, or authorizations. These electronic versions shall have the same level of authority as hard copies and may be printed by the applicants or requesting parties.

17. Automatic Approval or Automatic Renewal Provided that the applicant or the requesting party has: (a) submitted complete documentary requirements and (b) paid all the required fees and charges the failure of the government agency or office to approve or disapprove the original application or request within the prescribed processing time shall be deemed an approval of the concerned office or agency.

18. Anti-Red Tape Authority (a) monitor and evaluate compliance of agencies and issue a notice of warning to erring or non-complying  employees or officials; (b) initiate investigation  motu proprio  or upon receipt of complaint, refer the same to appropriate agency or file cases for violations; (c) assist complainants in filing necessary cases with CSC, Ombudsman, and other appropriate courts; (d) recommend policies; and (e) provide technical assistance and advisory opinions in the review of proposed national or local legislation.

19. Advisory Council Formulate policies and programs that will aid the Anti-Red Tape Authority to perform its functions and enhance the country’s competitiveness as well as improve the ease of doing business.

20. Refusal to accept an application or request with complete requirements without due cause; Imposition of additional requirements or fees other than those required in the Citizen’s Charter; Failure to give the applicant or requesting party a written notice of disapproval; Failure to render government service within prescribed processing time; Failure to attend to applicants or requesting parties who are within their premises prior to end of official working hours and during lunch break; Failure or refusal to issue official receipts; and Fixing and/or collusion with fixers.  Violations

21. First offense – 6 months suspension without pay Second offense – Dismissal from the service, perpetual disqualification from holding public office, and forfeiture of retirement benefits and imprisonment of 1 year to 6 years with a fine of not less than P500,000 but not more than P2,000,000. Penalties and Liabilities

22. Incurred by those who commit bribery, extortion, or when violation was done deliberately and maliciously to solicit favor in cash or kind. Criminal Liability

23. Administrative jurisdiction Vested in the Civil Service Commission (CSC) or Office of the Ombudsman , as determined by appropriate laws.

24. 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 . Who is a FIXER?

25. END