Title
Anti-Red Tape Act creates efficient govt service
Law
Republic Act No. 9485
Decision Date
Jun 2, 2007
The Anti-Red Tape Act of 2007 mandates government agencies to streamline processes, enhance transparency, and impose penalties for inefficiency and corruption, ensuring timely and accountable public service delivery.

Declaration of Policy

  • State policy promotes integrity, accountability, and proper public management.
  • Aims to prevent graft and corruption.
  • Emphasizes transparency and simplified procedures to reduce bureaucratic red tape and expedite government transactions.

Coverage

  • Applies to all government offices and agencies, including local government units and government-owned or -controlled corporations providing frontline services.
  • Judicial, quasi-judicial, and legislative functions are excluded.

Definitions

  • Simple Transactions: Requests needing only ministerial actions or presenting minor issues.
  • Complex Transactions: Requests requiring discretion to resolve complicated issues.
  • Frontline Service: Transactions involving applications for privileges, rights, licenses, permits, and related requests.
  • Action: Written approval or disapproval on client applications.
  • Officer or Employee: Government personnel responsible for processing applications.
  • Irrelevant Requirement: Documents or acts not directly related to resolving requests.
  • Fixer: Individuals who facilitate transactions within government offices for gain.

Reengineering of Systems and Procedures

  • Mandatory regular evaluation, time and motion studies, and improvement of frontline service processes to reduce red tape and processing times.

Citizen's Charter

  • Each agency must establish and publicly post service standards called the Citizen's Charter.
  • Must include clear procedures, responsible persons, processing times, required documents, fees, and complaint procedures.

Accountability of Heads of Offices and Agencies

  • Heads are primarily responsible and accountable for fast, efficient, and reliable service delivery.
  • All transactions are presumed to have clearance from the highest authority in the agency.

Accessing Frontline Services

  • Written applications must be accepted with acknowledgment including time, date, and personnel details.
  • Processing time limits: 5 working days for simple, 10 for complex transactions.
  • Possible extensions for unusual circumstances, with written notice to clients.
  • Applications cannot be returned without appropriate action.
  • Denials must be given in writing with reasons and list of missing requirements.
  • Limits signatories on documents to five officers.
  • Offices must adopt schedules to serve all clients even beyond regular hours.
  • Employees must wear visible official IDs.
  • Establishment of public assistance/complaints desks required.

Automatic Extension of Permits and Licenses

  • Licenses or permits not acted upon within prescribed periods are automatically extended until a decision is made.
  • Exceptions for licenses related to public health, safety, morals, or policy risks.

Report Card Survey

  • Agencies must undergo surveys to assess compliance with the Citizen's Charter.
  • Surveys collect feedback and estimate hidden costs like bribes and fixers' payments.
  • Agencies must include results in their annual reports.

Violations and Penalties

  • Light Offenses: Include refusal to accept applications, failure to act timely, failure to serve clients properly, failure to provide written disapproval notices, and imposing irrelevant requirements.
    • Penalties escalate from 30-day suspension with orientation, 3-month suspension, to dismissal and perpetual disqualification.
  • Grave Offense: Fixing or collusion with fixers.
    • Penalty: Dismissal and perpetual disqualification.

Criminal Liability for Fixers

  • Fixers face imprisonment up to 6 years, fines from P20,000 to P200,000, or both.

Civil and Criminal Liability

  • Administrative liability under the Act does not preclude filing criminal, civil, or related charges.

Administrative Jurisdiction

  • Enforcement lies with the Civil Service Commission (CSC), Presidential Anti-Graft Commission (PAGC), or Office of the Ombudsman as per laws.

Immunity and Witness Discharge

  • Officials charged who provide information or testify may be exempt from prosecution.
  • Discharge depends on necessity, corroboration, absence of prior moral turpitude convictions, and not being most guilty.
  • Unsupported discharge requests lead to inadmissible testimony.

Implementing Rules and Regulations

  • CSC, DAP, Ombudsman, and PAGC must issue implementing rules within 90 days of effectivity.

Separability Clause

  • Invalidity of any provision does not affect the rest of the Act.

Repealing Clause

  • Incompatible existing laws, decrees, or issuances are amended or repealed.

Effectivity

  • The Act takes effect 15 days after publication in the Official Gazette or widely circulated newspapers.

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