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notes on ra 11032

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Notes on RA 11032
AN ACT PROMOTING EASE OF DOING BUSINESS AND
EFFICIENT DELIVERY OF GOVERNMENT SERVICES,
AMENDING FOR THE PURPOSE RA 9485, OTHERWISE
KWOWN AS ANTI RED TAPE OF 2007
Section 1: RA 9485 otherwise known as “Anti-Red
Tape Act of 2007” is amended as follows
slow, suboptimal, and undesirable social
outcomes.
l. Regulation- government policy intervention
 Licensing, imposing information
obligation
m. Simple transactions
Section 5- Reengineering of Systems and
Procedures
“Ease of Doing Business and Efficient
Government Service Delivery Act of 2018”
 Cost compliance analysis
 Time and motion studies
 Undergo evaluation and
improvement of transaction
systems and procedures and
reengineer the same if deemed
unnecessary
Section 2:
Declared the policy of the state to promote
1. Integrity
2. Accountability
3. Proper management of public affairs and
public property
4. Establish effective practices
5. Efficient turnaround of the delivery of
government services
6. Prevention of graft and corruption
Section 3: Coverage
All government offices and agencies including
LGUs, government-owned/controlled corporations
and other government instrumentalities whether in
the Philippines or abroad.
Section 4 definition of terms
a. Action- written approval or disapproval
b. Business One Stop Shop (BOSS)- single
common site/location designated for BPLS
c. Business-related transactions
d. Complex transactions
e. Fixer- who has access to people working
therein.
-facilitates speedy completion of
transactions.
f. government service- process or transaction
between applicants for any privilege, right,
reward,,, etc.
g. highly technical application
h. nonbusiness transactions
i. officer or employee
j. processing time- time consumed by LGU/NGA
from receipt of application
k. red tape- any regulation, rule, or
administrative procedure or system that is
ineffective or detrimental in achieving its
intended objectives and, as a result, produces
Section 6: Citizen charter- most current and updated
service standards
Where – main entrance of offices/conspicuous place
Section 7: Zero-Contact Policy
Section 9: Assessing government transactions
1. Simple transaction- not longer 3 working days
Complex transactions- 7 working days
Pose danger to public health, public safety- 20
WD
Requires authorization of SB, SP- 45 WD can
be extended to 20 WD
2. Denial of application or request for access of
government service- shall be fully explained in
writing
3. Limitation of signatories- limited to maximum
of 3 signatures
Section 10: Automatic Approval or Automatic
Extension of License, Clearance, Permit, Certification
or Authorization- if government office or agency fails
to approve or disapprove an original application or
request within the processing time- deemed
approved.
Section 11:
1. Single/ unified business application form
2. BOSS- business permitting and licensing
system shall be established in Negosyo
Center- Ra 10644
3. Mandated to automate the business
permitting and licensing or set up BOSS within
3 YEARS upon effectivity of this act.
DICT- give software for computerization of
business permit and licensing system.
4. Business permit- valid for 1 year
RA 7160- The Local Government Code of 1991- Art.
IV, Section 152
Business permit
a. Issuance of FSEC and FSIC- no longer than 7
working days
b. FSIC in occupancy permit stage=business
permit
c. Renewal of business permit- within 3 working
days the BFP shall present the FSIC to the
municipality/city either the copy or
negative/positive list
 If failed- temporary valid FSIC
d. Issuance for certification of fire incident
purposes- 20 days and extended 20 days
e. BFP = should not sell, recommend or else 1-6
years imprisonment and 500k -2m penalty
f. BFP = BOSS
g. BFP may enter agreement into
cities/municipalities regarding inspection fees
h. BFP shall develop and adopt online and
electronic mechanism in assessing
fees/collecting/accepting payments, business
permits
The pertinent provisions of Republic Act No. 9514,
otherwise known as the "Revised Fire Code of the
Philippines of 2008", are hereby amended
accordingly."
Section 13; Central Business Portal=
DICT= CBP
 serve as a central system to
receive applications and capture
application data involving
business-related transactions
"Sec. 14. Philippine Business Databank (PBD) – within
1 year from effectivity of this act, DICT shall establish
PBD which shall provide the concerned NGAs and
LGUs access to data and information of registered
business entities for purposes of verifying the validity,
existence of and other relevant information pertaining
to business entities
Sec. 15. Interconnectivity Infrastructure Development.
a. 7 WD= brgy
b. 7WD= lgu
c. 7 WD= NGA
Homeowners= 10 WD to refer the application
to the members of the association pursuant
to Section 10 of RA 9904 – nonextendable of
30 working days
"Sec. 17. Anti-Red Tape Authority.
organized within six (6) months after
the effectivity of this Act
Sec. 18. Composition of the Authority
 Director appointed by the
President of Philippines
 Assisted by three deputy directors
general (legal, operations,
administration, and finance)appoint by the President
 Director General of the Authoritydetermine the organizational
structures including regional or
field offices, qualification
standards, staffing pattern and
compensation of the newly
created Authority
Sec. 19. Ease of Doing Business and Anti-Red Tape
Advisory Council
 Secretary of the DTI as
Chairperson
 the Director General of the
Authority as Vice-Chairperson
 Secretaries of the DICT, DILG and
Department of Finance (DOF),
 and two (2) representatives from
the private sector as the members
(appointed by president for 3year term)
section 12.
Sec. 20. Report Card Survey- initiated
by the Authority in coordination with
the CSC and PSA to obtain feedback
Penalties and liabilities:
1. First offense: administrative
liability with 6 months suspension
2. Second offense: Administrative
liability and criminal liability
perpetual disqualification from
holding public office and
forfeiture of retirement benefits
and imprisonment of one (1) year
to six (6) years with a fine of not
500,000-2,000,000
Section 28- Congressional Oversight
Committee
-
-
-
1. 5 members of the senate
 Chairperson of the
senate committees on
Trade and Commerce
and
Entrepreneurship,
 Civil Service
 Government
Reorganization and
Professional
Regulation
 Economic affairs
2. 5 members of the house of
representatives
 Chairperson on the
House Committees on
Trade and Industry
 Civil Service and
Professional
Regulation
 Government
Reorganization
 Economic Affairs
Cease to exist after 5 years upon the
effectivity of the act
Appropriations
Amount necessary to carry out the provisions
of this act shall be charged against the current
year appropriation.
300,000,000- INITIAL FUNDING- OFFICE OF
THE PRESIDENT
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