Eee! [EASE OF DOING BUSINESS ACT AND EFFICIENT DELIVERY OF GOVERNMENT SERVICES Rao State Poly: To promote atest. accountability, proper management of pubic furs and public property a wel as to establish fective practices, sme sMefficent turnaround ofthe delivery of government services andthe prevention of aft nd cormption ih government ‘Towards this end, the Stat shell maintain hones and sesponsility among its public officials and employees, and shal take apprepratemcasues to promote ransparens in each agey with eg tothe manner of transoeting wih the pb, which sl enemas a program forthe adoption a implied requiements and procedures that wl ie re tape and expedite business and nonbusiness elated transactions in government. Coverage: appl oll goverment offices and agencies neg local government units (LOU), government-owned ox conrlld corporations and ether government instnmentalties, whether located in the Philipines or abroad, that provide services ering ines an henbushse elated transactions ‘Busines-reated transactions ~ se of regulatory eircments tata business entity mst comply with to engage operate of continue to operate brine sch s, bt not Hino to, callectiom or preparation of number of deen, tomo to atonal a lca govemment stories appeal of aplication submit, and receipt of formal erifcateor certificates, permits, Tsnses which ine primar and secondary, learanees a Such sinilarautherzation or documents which cuter eligi to operate or contiaue to operate as etme busines. "Non-business relate transactions sl other government transactions not ling under the definition of “snes related transsetions™ [REENGINEERING OF SYSTEMS AND PROCEDURES ‘Seeamlining of Coverament Senin Allofies and agencies which provide government sevies ae hereby mandated to regularly undertake eos compliance analysts, time and motion tues, tndergo evalation and improvement of ter transaction systems and procedres and reengineer the same f eemsed necessary to reduce bureacraic ed tape and processing time (ost compliance analysis-analssis ofthe oss that ar incurred by businesses or ther partes at whom regulation may-e targeted in undertaking actions necessary comply with the regulatory requirements aswell as the costs othe government of regulatory administration and enforcement, ‘Time and motion studies. tool to tuck the progress of customer interface, processing, queuing and waiting times, and linked processes that are within and Deyond the control af the service office [tis an essential step inthe process mapping of serves or the formulation and/or updating ofthe Citizen's Charter ‘The time and motion stady hs thre stages 1 Planning stage- During the stage, sevice ofces must prepare alist of services tobe subjected for time and motion sins, the employes who will ‘conduct the uy, numberof ints to he observed as subject ofthe study, and atime sd mation checklist. un mplementation stage-During this stage employees assigned to conduet the tin and motln studies shall observe a transacting et from the fst ‘ep up tothe ast step of yer transaction taking note ofthe time when esch step started and ended as well asthe waiting te, su Evaluation sage- During this slag, the following must be conducted: processing of data such a arianee(commilled processing ime inthe Citizen's ‘Chater less te etal processing time and wating time), total waiting time total actual proessngtime,step/s added or omited, and documenta reuirements add oromited Whole-of- Government Approach in Reengineering Whole-of Government Appreach retest the ability of government agencies to work together to proide ease of acess and use bythe zens Implementing the whole-of government sppronch implies «mee integrated spproach o public service delivery, policy making, eteropersliy of government processes, strengthening vertical and horizontal nksges and eordigation anong agencies, and clustering of bask serves into goverment, tnx designating pints of sersce in accordance withthe lifecyle of etizens and businesses, respective‘CITIZEN'S CHARTER offi document that communicates, in simyle terms, the service standards or pledge af an ageney/service office ofthe roniine services beng Provided ots tien It eseribes the step-by-step procedure for avalinga particular service the person responsible for each ste, the dtments needed {abe submited and the ees tobe pal, ian The Citizen's Charter of each agency has a dal prpose-itshll be the basis for establishing accountability an for recognizing god perfermanceto grant revvars and incentives, ‘Contents of Citizen's Charter 1 Acomprebensive and uniform checlist of requirements fr each typeof application or request; 15 The prosedue to obtain a partctar sevice; ‘The person/s responsible for each te; 4 The mauiimam tine to conclude the process; ‘The document/stobe presented bythe applicant or requesting party, necessary; {The amount offers, i nesessay; and The prowene for filing compas. ACCESSING GOVERNMENT SERVICES ‘Thefollowing shall adopted by all government ofits and agencies: (4) Acceptance of Aplications or Requests. — 1) Allies or employees shall accept written applications, requests, and/or documeats being submited by applicants or requesting parte ofthe offices or agencies. (2) The receiving officer or employee shall perform a preliminary assessment of the appliation or request submitted with its supporting documents to ‘ensure mote expeditions action on the application ot request. The reeling office or employee shal immediatly inform the appleant or requesting, party of any delclency inthe accompanying requirements, which shal be limited to those enumerated inthe Citizens Charter. (6) The receiving ce or employee shall assign a unique identifetion number toa application or request which shal be the identifying number forall Subsequent transactions between the government and th aplicant or requesting pty regarding sich spectc application o request (4) The receiving officer or employee shall issue an acknowledgement receipt containing the seal ofthe agency, the name ofthe responsible officer cr ‘employee, his/her unit and designation, and the date and tne of recep of such applieaton or request ‘Standardized Desdlines for Government Transactions ‘Theprocessing timeline for busines transactions ave reduce to the following + Simple Transttions- applications or request sibmitted by applicants or requesting parties ofa government ffce or agency which only require ‘ministerial ations on the part ofthe publi officer or employee or that which present only inconsequential issues forthe resolution by an olcer or ‘employee of sid governaeat: -not longer thang working days fom the date the request and/or eomplete aplication or request was received.+ Complex Transactions-applications or requests submitted by applicant or requesting parties ofa goverament office which necessitate evaluation in ‘the resolution of complicated issues by an officer or employee of sid government ofc, such transactions tobe determined by theoffie concerned: -notlonger than 7 working days from the date the request and/or complete application or request as received, + Highly Technical Transactions-an application which requires the use of echnical knowledge, specialize sls andor traning in the processing ‘and/or evaastion thereof AND for applications or requertinvolving activitice which poce danger o public helt, publi safety, publi moral, public policy, and highly technical application) shall in no case be longer than 20 working days oras determined by the government agency ot instrumentality concerned, whichever is shorter (Cam these periods be extended? A Yes, the maximum tne prescribed above may be extended only one for the same number of days, which shall be indicated inthe Ctizen’s Charter. Prot tothe apse ofthe processing time, the fice of agency concerned shall notify the aplicant ot requesting patty in wing ofthe reason forthe ‘extension and final date of release of the government service/s requested, Such written notification shale signed by the appiant or requesting party to serve as proof of notice. + Incase of highly technical transactions that involve activites suchas, but not limited to, research, feld tral, scientific methodology, inter ‘government transactions: “the government agency or office may apply the multi-stage system subject tothe approval ofthe Anti-Red Tape Authority provided thatthe total processing tine shall not exe forty 40) days + Ifthe applsaton or request or license, clearance permit, certification or authorization shall require the approval ofthe local Sangguniang Bayan, ‘Sangguniang Panlungsod, or the Sangguniang Panalaigan asthe case maybe, the Sanggani 45 working dys which ean be extended for another 20 working days. Automatic approval renewal Applications willbe AUTOMATICALLY APPROVED if the agency fils to proces transactions within the specified timeframe, subject othe following conditions: tification or «lf government office or ageney ail to aprove o disapprove an origin authorization within the presribed processing time; 2. When all te required dcetments are submitted and s. When ll the required fas and ehargs have been pad nication oF request fr thessuance of license, permit ‘Theadlnowledgment receipt together with the offal receipt for payment of ll equied fes issued to the applicant or requesting party hall be enough proof or has the same force and effet of license, elearane, permit cetfation or authorization under this automate approval mechanism. Is government office or agene fils to act on an application or request fr enewal of license clearance, permit, certifiation or authorization subjct for renewal within the preseribed processing time, said license, clearance, permit, certification or authorization shall AUTOMATICALLY BE EXTENDED. Denial of apliation/request Any denial of aplication or request fr access to gverranent service shall be ull explined in wnting, stating the name of the person making the denial and the grounds upon which such denial is based Any denial of appliation or requests deemed to have been mad wit the permission or leaance from {he highest authority having jurisdiction over the government oie or ageney concerned‘Streamlined Procedures forthe Issuance of Local Business Licenses, Clearances, Permits, Certifications or Authorizations ‘The LGUs are mandated to implement the following revised guidelines in the issuance of busines leenses, clearances, permits, certieations or suthorzations «A single or unified busines aplication form shall be wed in procesing new applications for business permits and business renewals which consolidates al the information ofthe applicant or requesting partyby various loa government departments, uch as, bt not limited to, the lea taxes and clearances, building clearance, sanitary permit, zoning clearance, and other specific LGU requirements, as the case may be, ineluding the fie clearance rom the Bureat of ire Protetion (BFP). The unified form shall be made available online using technology-neutral platforms suchas, ‘but ot limited to, the central busines poral o the ety /muniialy’s website and various channels for dissemination, Hard copies the unifid forms shall Ikewse be made available tal times in designated areas ofthe concerned ofce anor agency ‘one-stop busines feitation service, hereinafter referred to asthe business one stop shop, (BOSS) fo the city/muncipality’s business permitting and Ticensng system to receive an process manual and/or eletronc submission of aplication fr license, clearance permit cetfcation or thorzation shal be established within the ctes/manicialtes’ Negsyo Center as provided for under Republic Act No, 0644, othervise known as the "Go Negasyo Act." There sll bea queuing mechanism in tae BOSS to beter manage the fw of applications among the LGUs departments receiving nd processing aplistions. LGUs skal implement colloation ofthe ofcesof the treasury business permits and licensing oie, zoning, offe, including the BFP, and other relevant city municipality offices /departments, among others, engaged in starting a business, dealing with ‘constuction permits, « Cities/ Municipalities ate mandated to automat their business permitting and licensing system or setup an electronic BOSS within a period of three (@)year upon the efectvty ofthis Act fora more efficent business registration processes. ites Municipalities wit letronie BOSS shall develop electronic versions of censes, lesrances, permits, etifcations or authorizations wit the same level of authority, which maybe printed by businesses in the convenience of thir fies. The DICT shall make available to LGUs the software fr the computerization ofthe business permit and Teensing system, The DICT, DTI and DILG, shall provide technical assistance inthe planning ad iplementation ofa computerized or software- ‘enabled business pernitting and leensing ster. {Toles the transaction requirements other local clearances sch as but not mite to, st stl be issued together with the basinss permit. ry permits environmental and agricultural clearences «Business permits shall be valid fora period of on (1) year. Te citsnicpaity may have the option to renew busines permits within the fist, ‘month ofthe year or on the anniversary date ofthe suance of the business peril ‘ Barangay clearances and permits related to doing business shall be applied, sued and collected atthe cit/munisipaltyin accordance wit the preseribed processing time ofthis Act: Provided, That the share in the collections shal be remitted to the respective barangays. Anti-Corruption Polley- Except for the preliminary assessment ofthe business application and submitted requirements, there wll bea zro-contrac policy Detween business applicants and government employees. Applicants willbe ideatiied by case number and dal with government offices anonymous Ant-Red Tape Authority ‘The Ani-Red Tape Authority (ARTA) is responsible for enforcing the Ease of Doing Business Actin the Philipines. Iis tasked fo enforce anti-red tape policies among government offiials and employees. ‘VIOLATIONS, JURISDICTIONS, PENALTIES, AND IMMUNITY Violations «Refusal to accept application or rust with complet requirements being submited by on aplisant or roquesting party without due case \ Imposition of ational requirements other than those listed inthe Citven's Charter; «Imposition of akitional costs not elected in the Citien's Carter; «Failure to give the applicant or requesting party a witten notice onthe disapproval of an aplisaton or request + Failure to render government services within the preserved processing time on any application or request without de cans;« Fallue t attend to applicants or requesting partes who ate within the premises ofthe office or ageney concerned prior tothe end of ial working hours and during neh break Failure or refisal to ssue offical receipts; and 1 ising andor collusion with fixers in consideration of economic and/or eter gain or advantage. Penalties (a) First Offense: Administrative liabilty wth sx (6) months suspension: Provide, however, That in the ese of fxng and/or collusion with fixers under Section 2), the penalty and ability below shall ppl Fxeris any indvidal ora group of individuals, whether or not ofl involved in the operation ofa government office or agency, who hs/have access to people working therein, and whether or not collusion with them, faitates speedy completion of transactions for pecuniary gait or anyother advange ‘orconsderation, (b) Second Offense: Administrative liablty and eviminal abit f dismissal from the serve, perpetual disqualification fom holding publ offic and forfeiture of retirement benefits and imprisonment of oe(1) year six (6) years witha fine of not less than Five hundred thousand pesos (P500,000.00), hu not more than Two million pesos (2,000,000.00) Criminal ability shall aloe neared throng the comnssion of bribery, extortion, or when the violation vas done deliberately and malicionsly to solicit favorin eash rn kind In sich ess, the pertinent provisions ofthe Revise Penal Coe and oer spl Laws shall apply. ‘The inding of ainistrative abit shall not bea bart the fling of criminal, flor other related charges under existing laws arising from the same at ‘oromission as herein enumerate, Gaia Fate ‘The sdministrativejusiction on any viotion of the provisions ofthis At shall be vested in either the CSC, orth Office ofthe Ombudsman as determined by appropriate aws and stances. Immunity, Discharge of Co-Respondent/Accased to bea Witness Any public offal or employee o any person having been charged with another offense under ths Act and who vantage information pertaining to ‘mavestgation or who wilingytestiesUhereore, shall be yer Som proseutiog inthe case «where his/her infermation and testimony are pve. The Aischarge may be prante and rected by the inestigating boy or court upon the application or petition of any ofthe respondent/aecnseinfermant and ‘efor the termination ofthe ivestigation: Provided, That: (a) Theres absolute neces forthe testimony of the respondent/accsed-informant whose discharge is requested (b) There isn ater dee evidence avslable forthe proper prosecution ofthe offense commited, except the testimony’ of said respandent/accusd- informans (6) The testimony of sud respondent can be substantially corroborated in its material pins {4 The respondentjaceused informant has not been previously convicted of crime involving moral turpitude; and Evidence aducd in support of the discharge shall automatically form part ofthe records ofthe investigation. Should the investigating body or court deny ‘he motion or request for discharge as ities, his/her sworn statement shal be inadmissible as evience (e) Sui responden/accuse-informant doesnot appear tobe Use most gui.