Republic Act 11032

(Ease of Doing
Business and
Efficient
Government Service
Delivery Act of 2018)
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.
Constitutional Basis

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”
Why was it passed?
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.
Who are covered by the Act?
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 excluded?
Those performing
◦ Judicial
◦ Quasi-judicial and
◦ Legislative functions

but their respective frontline services are included

(Section 3, RA 9485).
Citizen’s Charter
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.
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.
Zero-contact Policy
GR: No contact in any manner with any requesting
party concerning an application or request shall be
allowed.
EXC:
a) During the preliminary assessment of the request and
b) During the evaluation of the sufficiency of documents
submitted.
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.
Processing Time
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.

Simple Transactions
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.
Complex Transactions
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.
Highly Technical Application
Application which requires the use of technical
knowledge, specialized skills and/or training in
the processing and/or evaluation thereof.
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.
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.
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.
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.
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.
Violations
(a) Refusal to accept an application or request with complete requirements without due
cause;

(b) Imposition of additional requirements or fees other than those required in the Citizen’s
Charter;

(c) Failure to give the applicant or requesting party a written notice of disapproval;

(d) Failure to render government service within prescribed processing time;

(e) Failure to attend to applicants or requesting parties who are within their premises prior
to end of official working hours and during lunch break;

(f) Failure or refusal to issue official receipts; and

(g) Fixing and/or collusion with fixers.

Penalties and Liabilities
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.
Criminal Liability
Incurred by those who commit bribery,
extortion, or when violation was done
deliberately and maliciously to solicit
favor in cash or kind.
Administrative jurisdiction
Vested in the Civil Service Commission (CSC) or
Office of the Ombudsman, as determined by
appropriate laws.
Who is a FIXER?

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.
END