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