Minutes of the Meeting

NABPLO, Philippines Inc. - Monthly Meeting

Sulo Riviera Hotel
Matalino St., Diliman, Quezon City
August 15, 2018, 11:00 AM – 3:00 PM

Present:
Absent:
Agenda:
1. Navotas BOSS Presentation
2. Consultation for the crafting of IRR for the New ARTA Law with DTI Asec. Mary Jean
Pacheco
3. Other Matters
4.

Issues and Concerns

Prior the Consultation

Standard Processing Time (3 days for Simple Transaction)

 Atty. Pajente suggested that the standard processing time should not apply
during the renewal period.
 (BPLO Las Pinas) also suggested that it should be suspended during the renewal
period. He also suggested that processing time during the renewal period should
have a minimum of 7 days and a maximum of 15 days.
 Everyone agreed to the premise that days are not counted when documents are
with the taxpayers and thus, it tolls the running of the prescriptive period.

Renewal Period within the First Month of the Year versus Anniversary Date of the
Issuance of Business Permit
 Everybody agreed that they preferred renewal period within the first month of
the year rather than the anniversary date of the issuance of business permit for
the reason that the latter will make the fiscal administration complicated.
 Mr. Gary Domingo shared that the City Government of Quezon will enact an
ordinance making a non-extendible period for the renewal of business permit
until January 31 of every year.
  Mr. Domingo also stated that in order for them to decongest vast number of
business applicants during the renewal period, they came up with a tax incentive
tool for tax payers to have a 30% increase in their tax payable and as a
consequence no opening of their respective accounts. This tax incentive tool will
be implemented in CY 2019.

ZERO CONTACT POLICY

 Strike off the word “requesting party” in Section 1 of Rule V.
 Atty. Malaya suggested to insert “all inspection related to such as but not limited
to application, complaints, regulations, enforcement and the like...”

Automatic Approval (Rule VIII)

 As regards the proviso in Section 1 that “the acknowledgment receipt for
payment of all required fees of the applicant or requesting party shall be enough
proof or has the same force and effect of license, clearance, permit xxx”,
everyone agreed that technically, receipt is not enough proof or has the same
force and effect of the abovestated license, clearance or permit.
 On the issue of posting of Business Permit in conspicuous places which is in
relation to the proviso that receipt is tantamount to permit or license, (BPLO
Pasig) raised a clarificatory inquiry of which rule should prevail, the RA 11032
(New ARTA Law) or the existing ordinance, Atty. Malaya answered that the
ordinance should still prevail.
 Atty. Malaya emphasized that the applicants have the burden to prove whether
or not they have complied with the basic documentary requirements.
 On the undertaking relative to the issuance of a business permit, Atty. Pajente
enunciated that the same is not sufficient because such recourse is still not
compliant with the existing law.
 Atty. Malaya clarified that the RA 110032 (New ARTA Law) contemplates the
whole process not only the BPLO processing.

During the Consultation

Standard Processing Time

  As regards the petition to exempt the renewal period, Asec. Pacheco stated that
it is not possible. Consequently, she discussed that the purpose of the New ARTA
law is to re-engineer the business processing. According to her, there will be a
horizontal coordination.
 Asec. Pacheco stated that the only solution is AUTOMATION.
 According to her, in order to attain the re-engineering process, there is a need to
harmonize the rules within the LGU offices. She also emphasized that whatever
the processing time a particular LGU office indicated in its Citizen’s Charter, it
should implement the same, otherwise said LGU office will be estopped.

PROJECT ONE
 Per Asec. Pacheco, Project One refers to 1 form, 1 number and 1 portal (online
application). One means one government. (From SEC to social services such as
SSS, Pag-Ibig etc.) She also stated that there will be a unified form (immediate
action agenda).
 Atty. Malaya suggested that ARTA Councils should campaign among the Local
Chief Executives (LCEs) in coordination with the DILG for the New ARTA Law.
 BPLO Mabalacat stated that they are not yet computerized and they are only
computer-aided. Asec. Pacheco assured BPLO Mabalacat that based on the New
ARTA Law, 3rd to 6th Class Municipalities will be sponsored by DICT, DILG or
ARTA for the automation of the said municipalities.
 As regards the one portal, per Asec. Pacheco, there is a prototype subject to
scale/pilot testing. In relation to this, Atty. Malaya suggested that there should
be a manner of selection of cities/municipalities for the said pilot testing such as
per type or according to the volume of businesses registered in a
city/municipality. She also volunteered her office to be the subject of the said
pilot testing. BPLO Mabalacat and BPLO Lipa City also volunteered.

Online Applicant versus Walk-in Applicant

 Everyone still preferred a walk-in applicant.
 BPLO San Juan stated that it is too impractical for their tax payers to apply and
process their business registration online when their location is too near in the
 City Hall for the very reason that San Juan is a small city. Applicant cannot be
stopped from going to the City Hall.
 In connection to this, Atty. Malaya proposed to have a kiosk for the portal to be
established in the LGU office in order to still accommodate the walk-in
applicants.
 (BPLO San Juan) agreed to Atty. Malaya’s proposal. He also said that there
should be have a hybrid operation.

Unified Form
 Deadline is October.
 Since it is too late for each LGU to allocate the required budget for the unified
form, implementation of said unified form is in 2020. The testing of the same is
in 2019.
 Unified form would entail an end to end transaction.

Barangay Clearance
 (BPLO San Juan) suggested that there should be an ordinance imposing uniform
rates among barangays which would be in three (3) tiers.
 Per Asec. Pacheco, there should be a DILG Memorandum Circular pertaining to
the implementation of section 9 (f).
 Atty. Malaya proposed that the DILG should ask the Liga ng mga Barangay to
convene regarding the matter.

Issuance of Mayor’s Permit

 Disagreed to change the same to anniversary due to a possible complication to
LGU’s fiscal administration.

Zero Contact Policy

 Asec. Pacheco suggested that there is a need to distinguish accept and receive.
 Settled is the rule that LGU office should not accept if documents are incomplete.

Other Matters:
 A. For compliance (Deadline is on August):
To be submitted to ARTA:
1. Citizen’s Charter;
2. Services not included in the Citizen’s Charter;
3. List of licenses that affect health, public and the like; and
4. List of licenses that should not be included.

B. ARTA should provide trainings for respective staff in relation to the campaign drive
regarding the New ARTA Law.

Important Notes:
 If not included in the list submitted, considered as simple transaction.
 Include post-inspection in the Citizen’s Charter.