Question & AnswerQ&A (IRR Republic Act No. 11032)
The title is the Implementing Rules and Regulations of Republic Act No. 11032, otherwise known as the "Ease of Doing Business and Efficient Government Service Delivery Act of 2018."
The main policy objective is to promote integrity and accountability in government by adopting simplified requirements and procedures to reduce red tape and expedite business and non-business related transactions in government.
All government offices and agencies in the Executive Department including local government units, government-owned or -controlled corporations, and other government instrumentalities located in the Philippines or abroad that provide services covering business-related and non-business transactions are covered.
"Action" refers to the written approval or disapproval made by a government office or agency on the application or request submitted by an applicant or requesting party for processing.
Simple transactions should be processed within three (3) working days; complex transactions within seven (7) working days; and highly technical transactions or activities posing danger to public health, safety, or morals should not exceed twenty (20) working days.
The Zero-Contact Policy mandates government agencies to limit physical interaction between public officials/employees and applicants to preliminary assessment unless strictly necessary, with electronic submission of applications, requests, and payments preferred to promote transparency and prevent corruption.
Grounds include refusal to accept application/request with complete requirements without due cause, imposition of additional unlisted requirements or costs, failure to give written notice on disapproval, failure to render service within prescribed processing time without cause, failure/refusal to issue official receipts, and fixing or collusion with fixers.
The penalties include dismissal from service, perpetual disqualification from holding public office, forfeiture of retirement benefits (except terminal leave and personal contributions), imprisonment from one (1) to six (6) years, and a fine of not less than Five Hundred Thousand Pesos (Php500,000) but not more than Two Million Pesos (Php2,000,000).
If a government office fails to act on an original application within the prescribed processing time, and all required documents and fees have been submitted and paid, the application shall be deemed automatically approved. Renewal applications not acted upon in time are deemed extended, except if the license or permit has expired at the time of application.
The head of the office or agency is primarily responsible and held accountable for the implementation of the Act, ensuring fast, efficient, and reliable service and compliance with the IRR provisions.
The Citizen's Charter must include a checklist of requirements, step-by-step procedure to obtain the service, persons responsible for each step, maximum processing time, documents required from applicants, fees to be paid, and the procedure for filing complaints.
Functions include implementing and overseeing anti-red tape policies, monitoring compliance, investigating complaints, assisting complainants, recommending policies to improve regulatory management, reviewing proposed regulations, conducting training, providing technical assistance, and performing other necessary acts to attain the Act's objectives.
The Council is composed of: (1) Secretary of DTI (Chairperson); (2) Director General of the Authority (Vice-Chairperson); (3) Secretary of DICT; (4) Secretary of DILG; (5) Secretary of DOF; and (6) Two representatives from the private sector appointed by the President.
The Council plans and proposes national policies on ease of doing business and anti-red tape, recommends regulatory management improvements, designs systems for enhanced service delivery, authorizes task forces, proposes legislative amendments, reviews competitiveness performance, provides technical assistance, recommends transparency measures, and conducts functions as directed by the President.
The Report Card Survey evaluates government agency compliance with the Citizen's Charter and the Act, assesses agency performance, measures hidden costs such as bribes or fixer payments, and forms part of the agencies' monitoring and evaluation plans. Results inform recognition and awards for service excellence.
They are liable to imprisonment for one (1) to six (6) years and a fine of not less than Five Hundred Thousand Pesos (Php500,000) but not more than Two Million Pesos (Php2,000,000).
It means all necessary or appropriate documents required to be submitted by the applicant which fully satisfy the formal and substantive requirements of the relevant law, including those for each stage if a process has multiple stages.
They must preliminarily assess completeness, immediately inform of deficiencies with an itemized list, only process complete applications, assign a unique ID number, and issue an acknowledgment receipt containing this information.
Complaints can be initial complaints (verbal, written, electronic) or formal complaints (written, subscribed, sworn with evidence). The Authority investigates valid complaints motu proprio or upon complaint.