Title
Supreme Court
Anti-Red Tape Act of 2007 Overview
Law
Republic Act No. 9485
Decision Date
Jun 2, 2007
The Anti-Red Tape Act of 2007 aims to promote efficiency and accountability in government offices by requiring them to improve their transaction systems, establish service standards, and impose penalties for violations, ultimately reducing bureaucratic red tape and processing time.

Law Summary

Scope and Coverage

  • Applies to all government offices, agencies, local government units, and government-owned or controlled corporations providing frontline services
  • Excludes entities performing judicial, quasi-judicial, and legislative functions

Key Definitions

  • Simple Transactions: Require only ministerial actions or involve inconsequential issues
  • Complex Transactions: Require discretion to resolve complicated issues
  • Frontline Services: Transactions involving applications for privileges, rights, permits, licenses, or modifications thereof
  • Action: Written approval or disapproval on requests
  • Officer or Employee: Person performing duties related to requests
  • Irrelevant Requirement: Documents or acts not material to issue resolution
  • Fixer: Individual facilitating transactions for illicit gain

Reengineering Systems and Procedures

  • Government agencies must conduct time and motion studies
  • Continuous evaluation and improvement of transaction systems to reduce bureaucratic delays
  • Re-engineering of processes mandated where necessary

Citizen's Charter Requirements

  • Must be posted at conspicuous places
  • Includes:
    • Procedures for obtaining services
    • Responsible persons for each step
    • Maximum processing times
    • Required documents and fees
    • Complaint filing procedures

Accountability of Heads of Agencies

  • Heads are primarily responsible for effective implementation
  • Accountable for delivering fast, efficient, convenient, and reliable services
  • Transactions deemed authorized by highest authority in jurisdiction

Procedures for Accessing Frontline Services

  • Mandatory acceptance of written applications and requests
  • Acknowledgment of receipt with officer’s name, unit, date and time
  • Preliminary assessment to expedite action
  • Action on applications within 5 working days (simple) or 10 working days (complex), subject to extensions under unusual circumstances
  • Written notices required for disapprovals stating grounds and missing requirements
  • Denials must be explained in writing with reason and name of denying officer
  • Limit of five signatories on any document
  • Working schedules to ensure clients within premises before closing are served, including during lunch and after hours
  • Mandatory wearing of ID cards by employees dealing with the public
  • Establishment of public assistance/complaints desks

Automatic Extension of Permits and Licenses

  • If renewal applications are not acted upon within the prescribed period, permits/licenses are automatically extended
  • Exception applies to licenses affecting public health, safety, morals, or policy (e.g., natural resource extraction)

Report Card Survey

  • Conducted by Civil Service Commission with Development Academy of the Philippines
  • Measures agency compliance with Citizen's Charter provisions
  • Collects data on hidden costs such as bribes and fixer payments
  • Agencies must incorporate survey results in annual reports

Violations and Penalties

  • Light Offenses: Include refusal to accept applications, failure to act timely, failure to serve clients before closing/lunch break, failure to notify disapproval, imposing irrelevant requirements
  • Penalties for Light Offenses:
    • 1st offense: 30-day suspension without pay + values orientation
    • 2nd offense: 3-month suspension without pay
    • 3rd offense: Dismissal and perpetual disqualification
  • Grave Offenses: Fixing or collusion with fixers for gain
  • Penalty for Grave Offenses: Dismissal and perpetual disqualification

Criminal Liability for Fixers

  • Imprisonment up to 6 years
  • Fine ranging from 20,000 to 200,000 pesos, or both

Non-Bar of Other Legal Actions

  • Administrative liability under this Act does not prevent filing of criminal, civil, or related charges for same acts

Administrative Jurisdiction

  • Cases tried by Civil Service Commission, Presidential Anti-Graft Commission, or Office of the Ombudsman as per applicable laws

Immunity and Witness Provisions

  • Voluntary informants/testifiers may be granted immunity from prosecution
  • Conditions for immunity include necessity, corroboration, no prior moral turpitude convictions, and not being the most guilty
  • Denial of immunity renders statements inadmissible

Rule-Making Authority

  • Civil Service Commission, in coordination with relevant agencies, to promulgate implementing rules within 90 days of effectivity

Miscellaneous Provisions

  • Invalidity of any provision does not affect others (Separability Clause)
  • Repeals inconsistent laws or issuances
  • Act takes effect 15 days after publication in official or national newspapers

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