Question & AnswerQ&A (Republic Act No. 11032)
The short title of Republic Act No. 11032 is the "Ease of Doing Business and Efficient Government Service Delivery Act of 2018."
The policy of the State is to promote integrity, accountability, proper management of public affairs and public property; establish effective practices aimed at efficient turnaround of government services; prevent graft and corruption; maintain honesty and responsibility among public officials and employees; and promote transparency and adoption of simplified requirements and procedures to reduce red tape and expedite transactions.
This Act applies to all government offices and agencies including local government units (LGUs), government-owned or -controlled corporations, and other government instrumentalities, whether in the Philippines or abroad, that provide services covering business and non-business related transactions.
BOSS is defined as a single common site or location, or a single online website or portal designated for the Business Permit and Licensing System (BPLS) of an LGU to receive and process applications, receive payments, and issue approved licenses, clearances, permits, or authorizations.
Simple transactions must be acted upon within three (3) working days; complex transactions within seven (7) working days from receipt of complete application.
The application shall be deemed approved (automatic approval). For renewals, the license, clearance, permit, certification, or authorization shall be automatically extended.
Except during preliminary assessment and evaluation, no government officer or employee shall have any contact with the applicant unless strictly necessary. All transactions shall eventually be coursed through a web-based software-enabled system.
First offense: administrative liability with six (6) months suspension (except fixing-related which has harsher penalties). Second offense: administrative and criminal liability including dismissal from service, perpetual disqualification from holding public office, forfeiture of retirement benefits, imprisonment of one (1) to six (6) years, and fines ranging from P500,000 to P2,000,000.
The Authority implements and oversees national policy on anti-red tape and ease of doing business, monitors compliance, investigates violations, assists complainants, recommends policy improvements, conducts regulatory trainings, reviews regulations, and performs acts necessary to attain the objectives of the Act.
The Citizen's Charter must detail a comprehensive checklist of requirements, procedure to obtain services, responsible persons for each step, maximum processing time, documents needed, fees, and complaint filing procedures.
'Red tape' refers to any regulation, rule, or administrative procedure or system that is ineffective or detrimental in achieving its intended objectives, resulting in slow, suboptimal, and undesirable social outcomes.
The Report Card Survey gathers feedback on government services, compliance with the Citizen's Charter, and estimates hidden costs such as bribes or payments to fixers. It is used as a basis for awards and improving government service delivery.
The Philippine Business Databank provides NGAs and LGUs access to data on registered business entities to verify their validity and information, allowing agencies to avoid requesting duplicate documents from applicants.
LGUs must implement changes such as using unified business application forms, establishing Business One Stop Shops (BOSS), automating business permit processes, reducing transaction requirements, issuing permits valid for one year, and integrating barangay clearances and permits within LGU processing systems.
Fire Safety Evaluation Clearance (FSEC) and Fire Safety Inspection Certificate (FSIC) must be issued within seven (7) working days and integrated into business permit issuance. The Bureau of Fire Protection (BFP) shall cooperate with LGUs, create electronic mechanisms for fees and data, and ensure no conflict of interest in selling fire safety equipment.