Question & AnswerQ&A (Republic Act No. 6803)
The short title of Republic Act No. 9485 is the "Anti-Red Tape Act of 2007."
The main policy is to promote integrity, accountability, proper management of public affairs and public property, and to establish effective practices aimed at preventing graft and corruption in government while promoting transparency and simplified procedures to reduce red tape and expedite government transactions.
It applies to all government offices and agencies, including local government units and government-owned or -controlled corporations that provide frontline services. It excludes those performing judicial, quasi-judicial, and legislative functions.
Frontline service refers to the transactions between clients and government offices or agencies involving applications for any privilege, right, permit, reward, license, concession, or for any modification, renewal or extension of these, which are acted upon in the ordinary course of business of the agency or office concerned.
Simple transactions are requests submitted by clients requiring only ministerial actions or presenting inconsequential issues. Complex transactions require discretion to resolve complicated issues and are determined by the office concerned.
The Citizen's Charter is a set of service standards each government agency must set up and publicly post, detailing the procedure to obtain a service, responsible persons in each step, maximum processing time, required documents, fees if applicable, and procedures for filing complaints.
The head of the office or agency is primarily responsible for implementing the Act and is held accountable to the public for rendering fast, efficient, convenient, and reliable service.
Simple transactions must be acted upon within five working days, and complex transactions within ten working days from receipt of the application or request, with possible extensions under unusual circumstances.
The penalty for a first offense is a 30-day suspension without pay and mandatory attendance in a Values Orientation Program.
Such acts constitute a grave offense punishable by dismissal from service and perpetual disqualification from public service.
Fixers may be punished by imprisonment of up to six years or a fine ranging from Twenty Thousand to Two Hundred Thousand Pesos, or both, at the court's discretion.
The permit, license, or authority shall be automatically extended until a decision is made, except for permits relating to activities dangerous to public health, safety, morals, or policy.
A Report Card Survey initiated by the Civil Service Commission, in coordination with the Development Academy of the Philippines, is established to assess adherence to the Citizen's Charter and service quality, including hidden costs like bribes.
Administrative jurisdiction lies with either the Civil Service Commission, the Presidential Anti-Graft Commission, or the Office of the Ombudsman, as determined by applicable laws and issuances.
They may be exempt from prosecution if they voluntarily provide information or testimony, subject to certain conditions, such as absence of previous convictions for moral turpitude and the necessity of their testimony for prosecution.