LAW 006 Regulatory Framework and Legal Issues in Business

Ease of Doing Business and Efficient Government Services Delivery Act of 2018
republic act 11032 re-engineering of systems and procedures
• signed on May 28, 2018 1. Reengineer using a whole of government approach
• published in two (2) newspapers of general circulation on June 2, 2. Review and repeal outdated laws and regulations that create
2018 the Official Gazette on June 11, 2018 undue regulatory burden
• effective 17 June 2018 3. Regulatory impact assessment (RIA)
• amendment to R.A. 9485: Anti-Red Tape Act of 2007 citizen’s charter
the implementing rules and regulations (irr)
CITIZEN’S CHARTER
• Done in partnership with the Department of Trade and Industry & All government agencies shall set The Citizen’s Charter is an official
Civil Service Commission up their respective most current document that communicates:
• UP Law Center provided the review of the form and substance and updated service standards ‒ Service standards on services
• Public consultation on February 13, 2019 with ARTA to be known as the Citizen's provided to citizens
stakeholders where we presented: Charter ‒ Step by step procedure for
• Draft IRR by ARTA; Section 14: IRR by DICT Form: information billboards availing service
• Public hearing on April 15, 2019 Location of posting: ‒ Responsible person
• IRR Signing on July 17, 2019 ‒ main entrance of offices or at ‒ Documents needed to be
• Published on two national circulation newspapers on July 20, 2019 the most conspicuous place submitted
• Uploaded on the Official Gazette on July 22, 2019 ‒ in the respective [government] ‒ Fees to be paid, if any
• Effective on August 4, 2019 websites and Dual purpose - establishing
‒ published materials written accountability and recognizing
SALIENT POINTS OF THE LAW good performance
either in English, Filipino, or in the
• A) Coverage local dialect
• B) Prescribed Processing Time zero contact policy
• C) Automatic Approval
• D) Reengineering ZERO CONTACT POLICY
• E) Citizen’s Charter • All government agencies including local government units (LGUs)
• F) Zero contact policy shall adopt a zero-contact policy
• G) Business One Stop Shop INTERACTIONS THAT ARE STRICTLY NECESSARY
• H) Two Strike Policy • Public officials and employees shall limit interactions to what is
• I) Anti Red Tape Authority strictly necessary
coverage • Payment of application and other fees
• Complex or Highly Technical Transactions
Rule II Section 1 Coverage and Scope ✔ Recording with prior consent
• The provisions of the Act and these Rules and Regulations shall ✔ Documented notice of meetings, minutes/contact report, attendance
apply to all government offices and agencies in the Executive sheet
Department including local government unit (government owned or business one-stop shop
controlled corporations and other government instrumentalities,
• All Local Government Units shall set up a BOSS which shall serve
located in the Philippines or abroad, that provide services
as a business permitting and licensing system that will receive and
covering business related and nonbusiness transactions as
process applications for permits, licenses, certifications and
defined in these Rules.
authorizations
processing time Electronic BOSS
Applications/requests for government service submitted shall be acted • Within a period of three 3 years upon the effectivity of the Act, all
upon within the prescribed processing time stated in the Citizen's cities and municipalities are mandated to automate their business
Charter, which shall not be longer than: permitting and licensing system or to establish an electronic BOSS
• 3 days for simple transactions
accountability
• 7 days for complex transactions
• 20 for highly technical transactions RULE VI Accountability of Heads of Offices and Agencies
automatic approval • The head of the office or agency shall be primarily responsible for
the implementation of the Act, including these and other Rules and
Section 4. Issuance of Order for Automatic Approval, Extension, or
Regulations, and shall be held accountable to the public in rendering
Renewal of License, Clearance, Permit, Certification, or Authorization fast, efficient, convenient, and reliable service
• Upon complaint together with the presentation of the • All transactions and processes are deemed to have been made with
acknowledgement receipt and/or the official receipt, upon due the permission or clearance from the highest authority having
investigation and verification that the applicant has indeed fully jurisdiction over the government office or agency concerned
submitted all necessary documents and paid all the required fees,
the Authority shall issue a declaration of completeness and order penalties under the act
the concerned office or agency to issue the approval, extension, First offense
and/or renewal of the license, clearance, permit, certification, or Administrative liability with six 6 months suspension Provided,
authorization which is deemed automatically approved as provided however, that in the case of fixing and/or collusion with fixers under
by Sec 10 of the Act. Section 21 (h), the penalty and liability under Section 22 (b) of the
Act shall apply
LAW 006 Regulatory Framework and Legal Issues in Business
Ease of Doing Business and Efficient Government Services Delivery Act of 2018
Second offense
Administrative liability and criminal liability of dismissal from the
service, perpetual disqualification from holding public office and
forfeiture of retirement benefits and imprisonment of one (1) year
to six (6) years with a fine of not less than Five Hundred
Thousand Pesos (P500,000.00 but not more than Two Million 935 National Government Completed stocktaking of
Pesos (P2,000,000.00) Agencies submitted their Citizen’s Charters of 1022
Citizen’s Charters NGAs, GOCCs, SUCs, Water
violations under the act Districts, and LGUs
First offense
a) Refusal to accept application or request with complete requirements
being submitted by an applicant or requesting party without due cause
b) Imposition of additional requirements other than those listed in the
Citizen’s Charter
c) Imposition of additional costs not reflected in the Citizen’s Charter
d) Failure to give the applicant or requesting party a written notice on
the disapproval of an application/request Roll-out of the Citizen’s Charter Guidelines
e) Failure to render government services within the prescribed
processing time on any application or request without due cause
f) Failure to attend to applicants or requesting parties who are within
the premises of the office or agency concerned prior to the end of
official working hours and during lunch break
g) Failure or refusal to issue official receipts and
h) Fixing and/or collusion with fixers in consideration of economic
and/or other gain or advantage
Second offense Nationwide Automation of Government Services
Second offense shall involve commission of the same violation
punishable under Section 21 of the Act
the anti-red tape authority (arta)
arta initiatives
Approved organizational structure
The Department of Budget and Management approved ARTA's As of August 1, 2019, the ARTA Complaints Action Center had
organizational structure and staffing pattern on March 29 2019 received 319 complaints for this year; 229 of which are red tape
related. Of the 319 complaints, 137 (42.94%) are already confirmed
ARTA’s current manpower: closed and resolved. There is a 297% percent increase in number of
• 1 Director General complaints received by ARTA for the 2nd quarter (119 new complaints)
• 1 Deputy Director General compared to the 1st quarter of 2019 (30 new complaints).
• 1 Division Chief of DTI CB 2019 doing business survey
• 1 Supervising Chief of DTI CB
• 45 Technical Staff under Contract of Service
• 2 Consultants
• 5 Non-technical staff under manpower agency

Completed six (6) batches of User's Training on Basic Regulatory

Impact Assessment from May July, 2019 with the 35 priority National area code: 124
Government Agencies and Local Government Units with a total of 167
participants.
LAW 006 Regulatory Framework and Legal Issues in Business
Ease of Doing Business and Efficient Government Services Delivery Act of 2018
doing business initiatives
• Streamlining and Reengineering
• Adoption of a National Business One-Stop Shop (NBOSS)
• Strengthening of the Central Business Portal

Inaugural Meeting of the EODB-ARTA Advisory Council

national business one-stop shop
• the co-location and integration or linkage of the processes of SEC,
BIR, SSS, PhilHealth, PAGIBIG, and LGUs. It features a unified
form which will provide convenience to the public by accepting
applications of business permits in a central location, and promotes
the use of electronic payment system for the said agencies.
EOBD task force
• Strating a Business
• Protecting Minority Investor
• Paying Taxes
• Dealing with Construction Permits
• Getting Electricity
• Government Procurement
• Resolving Insolvency
• Trading Across Borders
• getting Credit
• Enforcing Contracts
• Registering Property

Media coverage mileage on R.A. 11032