QuestionsQuestions (Republic Act No. 9485)
The short title is the “Anti-Red Tape Act of 2007.” Its policy is to promote integrity, accountability, proper management of public affairs and public property, prevent graft and corruption, and promote transparency by adopting simplified procedures to reduce red tape and expedite transactions in government.
It applies to all government offices and agencies, including LGUs and GOCCs that provide frontline services as defined in the Act. Those performing judicial, quasi-judicial, and legislative functions are excluded.
Frontline service is the process/transaction between clients and government offices/agencies involving applications for any privilege, right, permit, reward, license, concession, or modification/renewal/extension of such applications that are acted upon in the ordinary course of business of the agency/office.
Simple transactions are requests/applications requiring only ministerial actions or presenting inconsequential issues. Complex transactions are those necessitating the use of discretion in resolving complicated issues, determined by the concerned office.
Each agency must set up service standards called the Citizen’s Charter in information billboards (at the main entrance or conspicuous places) and in published materials (English, Filipino, or local dialect) stating the procedure to obtain the service, responsible person(s) per step, maximum time to conclude, documents required (if any), fees (if any), and procedure for filing complaints.
The head of the office or agency is primarily responsible and held accountable to the public for fast, efficient, convenient, and reliable service. The Act states that all transactions/processes are deemed made with the permission/clearance from the highest authority having jurisdiction over the office/agency.
Officers/employees must accept written applications/requests/documents submitted by clients; must acknowledge receipt by clearly writing/printing their name, unit, and the time/date of receipt; and must perform a preliminary assessment to promote expeditious action.
Simple transactions must be acted upon within not longer than five (5) working days; complex transactions within not longer than ten (10) working days from receipt. Under unusual circumstances, the maximum time may be extended, but the extension must be indicated in the Citizen’s Charter, with written notice to the requesting party stating reasons and the final release date.
No application/request shall be returned without appropriate action. If disapproved, the officer/employee must send a formal written notice within five (5) working days from receipt, stating the reason for disapproval and listing specific requirements the client failed to submit.
Any denial must be fully explained in writing, stating the name of the person making the denial and the grounds for denial.
The number of signatories in any document is limited to a maximum of five signatures, representing officers directly supervising the office or agency concerned.
If a government office/agency fails to act within the prescribed renewal period, the permit/license/authority is automatically extended until a decision/resolution is rendered. The automatic extension does not apply when the permit/license/authority covers activities posing danger to public health, public safety, public morals, or public policy (e.g., natural resource extraction activities).
Frontline service agencies must be subjected to a Report Card Survey initiated by the Civil Service Commission in coordination with the Development Academy of the Philippines. It measures compliance with the Citizen’s Charter and agency performance, and also gathers information/estimates of hidden costs (including bribes and payments to fixers). Results must be incorporated into annual reports.
Light offenses include refusal to accept applications/documents, failure to act or refer back within the period, failure to attend clients present before end of hours/during lunch break/after hours, failure to render services within the prescribed period without due cause, failure to give written disapproval notice, and imposition of additional irrelevant requirements other than those listed in the first notice. Penalties: first offense—30 days suspension without pay and mandatory Values Orientation Program; second offense—3 months suspension without pay; third offense—dismissal and perpetual disqualification from public service.
Fixing and/or collusion with fixers in consideration of economic and/or other gain or advantage. Penalty: dismissal and perpetual disqualification from public service.
Fixers suffer imprisonment not exceeding six (6) years or a fine of not less than P20,000 but not more than P200,000, or both, at the discretion of the court.
No. Section 13 provides that a finding of administrative liability under the Act does not bar filing of criminal, civil, or other related charges under existing laws arising from the same act or omission.
Administrative jurisdiction is vested in either the Civil Service Commission (CSC), the Presidential Anti-Graft Commission (PAGC), or the Office of the Ombudsman, as determined by appropriate laws and issuances.