REPUBLIC

ACT NO.
11032
EASE OF DOING BUSINESS
AND EFFICIENT
GOVERNMENT SERVICE
DELIVERY ACT OF 2018
 SALIENT FEATURES

• LEGAL BASES
• DEFINITION OF TERMS
• COVERAGE
• PROCEDURES
• CITIZEN’S CHARTER
• ZERO CONTACT POLICY
• AUTOMATIC APPROVAL OR AUTOMATIC EXTENSION OF
LICENSE, PERMIT, CARTIFICATION AND AUTHORIZATION
• VIOLATIONS, JURISDICTION, PENALTIES AND IMMUNITY
 LEGAL BASES

Article II, Section 27 of the 1987 Constitution (honesty and

integrity in public service);

Amended RA No. 9485 ( Anti-Red Tape Act);

JMC No. 2019-001, IRR

 DEFINITION OF
TERM(S)
• Complex Transactions- applications which
necessitate evaluation in the resolution of
complicated issues
• Highly Technical application or transaction-
requires use of technical knowledge, specialized
skills and/or training in the processing and/or
evaluation
• Simple transactions- those which only requires
ministerial actions on the part of the public officer
or employee/ those of inconsequential issues
 COVERAGE

• This Act shall apply to all government offices and agencies in the Executive Department
including LGUs, GOCC’s and other gov’t instrumentalities, located in the Philippines or
abroad, that provide services covering business-related and non-business transactions
• Streamlining and process improvement shall cover Government-to-Citizens, Government-to-
businesses, and Government-to-Government transactions as cited in the agency’s Citizen
Charter
01
Official document that
communicates the service
standards or pledge of an
agency/service office of the
frontline services
02
Step-by-step procedure for
availing a particular service,
person responsible for each step,
documents needed to be
submitted and the fees to be
paid
03
Basis for establishing
accountability and recognizing
good performance to grant
rewards and incentives

CITIZEN’S CHARTER
SIMPLE TRANSACTIONS
those which only requires ministerial actions on
the part of the public officer or employee/ those
of inconsequential issues;

Requires to be accomplished by the agency

within 3 working days;

NOTE: Specific transactions, processes,

services or activities that agencies fail to
include and classify shall be interpreted by the
Authority as simple transaction without
prejudice on the part of the agency to ask for
reconsideration.
• Activities which pose danger to public health, public
safety, public morals, or public policy shall in no
case be processed longer than twenty (20) working
days, or as determined by the government agency
and instrumentality concerned, whichever is shorter
 ZERO-CONTACT POLICY

GR: Public officials and employees shall limit interactions with an

applicant or requesting party to the preliminary assessment and
evaluation of sufficiency of submitted requirements of an application

XPN: those strictly necessary for the processing of the request or

application
1.) Payment of application and other fees;
2.) Complex and/or highly technical transactions
ACCEPTANCE OF APPLICATION AND
REQUESTS

The receiving officer SHALL

Preliminary assess the completeness
immediately inform the applicant of
Submit applications or requests of the application and supporting
any deficiency or enumerate all the
documents
missing requirement(s)

Receiving officer shall issue an

acknowledgement receipt of a
Receiving officer shall assign a
complete application (identification
unique identification umber to the
number, seal of the agency, name of
application
responsible officer, unit designation,
date and time of receipt)
Government office or Rules SHALL ONLY
agency SHALL NOT COMMENCE once
PROCESS the applicant has
incomplete rectified the
applications deficiency
 ACTION OF OFFICES/
PROCESSING TIME
GENERAL RULE:
• Simple Transactions- 3 working days;
• Complex Transactions- 7 working days;
• Those of (Pub Health, Safety Morals, Policy) and Highly Technical
Transactions – NO LONGER THAN 20 working days or as
determined by the gov’t agency concerned, whichever is
shorter;

Reckoning period: from the date the request or complete

application or request was received
 EXCEPTION(S)

a.) May be extended only once for the same number of days
PROVIDED THAT:
1.) written notice has been given to the applicant;
2.) justifiable reason for the extension; and
3.) final date of release.
* Such written notice shall be signed (e sig/scanned sig) by
the requesting party as proof of notice.
• b.) Highly Technical Transactions ( research, field trials, scientific methodology, inter-government
actions, etc.) - total processing time for all concerned agencies or offices SHALL NOT EXCEED
40 days.
• c.) cause of delay is due to force majeure or natural or man-made disasters, which result to damage
or destruction of documents, and/or system failure of the computerized or automatic processing-
shall be suspended and appropriate adjustments shall be made PROVIDED: applicant shall be
duly notified

NOTE: No application shall be returned without appropriate action!

 DENIAL OF REQUEST

• Fully explained in writing;

• Stating the name of the person making the denial;
• Grounds upon which such denial is based;
• Denial of application must have the approval of the immediate supervisor of the employee or
officer who denied the application or request
 LIMITATION OF
SIGNATORIES
• Limited to a maximum of three(3) signatures

NOTE: In case the authorized signatory is on official leave,

an alternate shall be designated as signatory
 AUTOMATIC APPROVAL OR AUTOMATIC
EXTENSION OF LICENSE, PERMIT, CERTIFICATION
AND AUTHORIZATION
• The existence of the following conditions SHALL WARRANT the automatic approval of an original
application or request:
1.) failure to approve or disapprove the application or request within the prescribed
processing time;
2.) ALL required documents have been submitted; and
3.) ALL required fees and charges have been paid.
NOTE: acknowledgement receipt and official receipt of payment of fees shall constitute proof of
approval, having the same force and effect of a license clearance, permit, certification, or
authorization subject to verification of the concerned agency
 AUTOMATIC EXTENSION

If a government office fails to act upon an application for renewal of a license, clearance,
permit, certification, or authorization subject for renewal within the prescribed processing
time, the application shall be deemed extended, subject to due investigation and
verification of the concerned agency.

NOTE: The provisions on automatic extension and renewal DOES NOT apply to licenses,
clearances, permits, certifications, or authorizations THAT HAVE ALREADY EXPIRED
AT THE TIME OF THE SUBMISSION OF APPLICATION OR REQUEST.
 VIOLATIONS, JURISDICTION, PENALTIES,
AND IMMUNITY
• VIOLATIONS
1.) Refusal to process request without due cause;
2.) Imposition of additional requirements other than those prescribed by the Citizen’s Charter;
3.) Imposition of additional cost;
4.) Failure to give written notice of on the disapproval;
5.) Failure to render service within the prescribed processing time without due cause;
6.) Failure to attend to applicants within the premises of the office prior to the end of official
working hours AND during lunch break;
7.) Failure/refusal to issue receipts;
8.) Fixing and/or collusion with fixers in consideration of economic and/or other gain/ advantage
 PENALTY FOR THE FIRST OFFENSE

• Administrative liability with six (6) months suspension

XPN: in case of fixing and/or collusion with fixers- penalty : 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 but
not more than Two Million Pesos
 PENALTY FOR 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 but not more than Two Million Pesos
ACCESSORY PENALTY OF DISMISSAL FROM
SERVICE

Perpetual disqualification from holding public office;

Forfeiture of retirement benefits

XPN: terminal leave benefits, personal contributions to retirement benefits systems such as GSIS, RBAs or other
equivalent retirement benefits system.

Criminal Liability shall also be incurred through commission of bribery, extortion, or when the violation was done
deliberately and maliciously to solicit favor in cash or in kind. In such cases, the pertinent provisions of the RPC and other
Special Laws shall apply.
ADMINISTRATIVE LIABILITY IN RELATION
TO OTHER CHARGES

Discharge from admin liability shall

Finding of administrative liability
not be a bar to civil or criminal
shall not be a bar to the filing of
prosecution, and the dismissal of the
criminal, civil, or other related
admin complaint will not necessarily
charges under existing laws arising
result in the dismissal of the civil or
from the same act or omission.
criminal complaint filed.
 •Any public official or employee or any person having been charged with another offense under this
Act and who voluntarily gives information pertaining to an investigation or who willingly testifies
therefore, SHALL BE EXEMPT from prosecution in the case/s where his/her information and
testimony are given. The discharge may be granted and directed by the investigating body or court upon
IMMUNITY OR the application or petition of any of the respondent/accused-informant and before the termination of the
DISCHARGE OF investigation: Provided, That:
•
CO- "(a) There is absolute necessity for the testimony of the respondent/accused-informant whose
discharge is requested;
RESPONDENT/ • "(b) There is no other direct evidence available for the proper prosecution of the offense

ACCUSED TO BE committed, except the testimony of said respondent/accused-informant;

• "(c) The testimony of said respondent can be substantially corroborated in its material points;
A WITNESS • "(d) The respondent/accused-informant has not been previously convicted of a crime involving
moral turpitude; and
• "(e) Said respondent/accused-informant does not appear to be the most guilty.
 JURISDICTION

• Administrative Jurisdiction. – The administrative jurisdiction on any violation of

the provisions of this Act shall be vested in either the CSC, or the Office of
the Ombudsman as determined by appropriate laws and issuances.“

• Note: RA 6770