Title
Implementing Rules of Anti-Red Tape Act 2007
Law
Csc No. 081471
Decision Date
Jul 24, 2008
The Implementing Rules and Regulations of the Anti-Red Tape Act of 2007 aim to promote integrity, accountability, and transparency in government by establishing effective practices to prevent corruption and reduce bureaucracy in government transactions. These rules require government offices and agencies to re-engineer their systems and procedures, establish service standards, and provide accessible and efficient frontline services to the public.
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Interpretation and Declaration of Policy

  • Promotes integrity, accountability, and prevention of graft and corruption.
  • Encourages simplified procedures to reduce red tape and expedite government transactions.

Definitions of Key Terms

  • "Action": Written approval/disapproval of client requests.
  • "Citizen's Charter": Document detailing services, procedures, and performance standards.
  • "Fixer" and "Fixing": Individuals and acts involving undue facilitation for gain.
  • "Frontline Service": Transactions involving applications for rights, permits, licenses, and related requests.
  • Other relevant terms such as simple vs. complex transactions, officer/employee, published materials, report card survey, and irrelevant requirements.

Reengineering of Systems and Procedures

  • Agencies to identify frontline services and reengineer their transaction systems within one year.
  • Review steps, forms, requirements, processing time, fees, office location, and signage.
  • Limit signatories on official forms to a maximum of five.
  • Establish clear rules for authority in the absence of regular signatories.

Citizen's Charter Requirements

  • Must include vision/mission, identified services and clientele, step-by-step procedures, responsible officers, maximum processing times, necessary documents with relevancy, fees, complaint procedures, allowable extension periods, and feedback mechanisms.
  • Displayed prominently in offices and available in print or digital formats.
  • Created through a consultative process involving stakeholders.
  • Reviewed at least every two years.

Accountability of Heads of Offices and Agencies

  • Heads responsible for fast, efficient, reliable frontline services.
  • Failure to comply can lead to charges under existing laws.

Accessing Frontline Services

  • Continuous customer service improvement programs are encouraged.
  • Applications must be accepted and acknowledged with time and date.
  • Preliminary assessment of requests is required to expedite processing.
  • Prescribed processing times: max five working days for simple transactions, ten for complex.
  • Extensions allowed under unusual circumstances, with written notice and client recourse.
  • Applications cannot be returned without action; denial must be formally communicated with reasons.
  • Extended working hours and flexible schedules to ensure service accessibility.
  • Officers must wear identification cards or nameplates.
  • Establish public assistance/complaints desks and communication channels.
  • Automatic extension of licenses/permits if no action is taken within prescribed times, with exceptions related to expired or hazardous activities.

Report Card Survey

  • Conducted by the Civil Service Commission with cooperation from other bodies.
  • Evaluates agency compliance with Citizen's Charter and client satisfaction.
  • Identifies hidden costs such as bribes or payments to fixers.
  • Publicizes results and incorporates feedback into agency reports and Charter revisions.

Disciplinary Action

  • Defined light offenses include refusal to accept applications, failure to act timely, ignoring clients, failure to issue written denials, and imposing irrelevant requirements.
  • Penalties escalate from suspension to dismissal with disqualification from public service.
  • Grave offense includes fixing and collusion, penalized by dismissal and disqualification.
  • Administrative and criminal liability can be pursued concurrently.
  • Fixers face imprisonment and fines.
  • Jurisdiction divided between Civil Service Commission, Office of the Ombudsman, and Presidential Anti-Graft Commission based on appointment status.

Immunity Provisions

  • Voluntary informants or witnesses may be exempt from prosecution for related offenses.
  • Conditions for granting witness discharge include necessity of testimony, corroboration, and absence of prior crimes involving moral turpitude.
  • Immunity can be revoked for non-compliance or false testimony.

Final Provisions

  • Implementation costs to be charged to agency budgets.
  • Oversight committee formed to ensure effective and swift execution of the law.
  • Rules subject to amendment, with severability clause for invalid provisions.
  • Rules effective fifteen days after publication.

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