ANTI-RED TAPE ACT OF 2007
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ANTI-RED TAPE ACT OF 2007
Republic Act No. 9485
June 2, 2007
Case Overview and Summary
Summary of Republic Act No. 9485 (Anti-Red Tape Act of 2007)Declaration of Policy (Section 2):
- Promote integrity, accountability, and transparency in government
- Prevent graft and corruption
- Adopt simplified procedures to reduce red tape and expedite transactions
Coverage and Exclusions (Section 3):
- Applies to all government offices, agencies, local government units, and government-owned or controlled corporations providing frontline services
- Excludes offices performing judicial, quasi-judicial, and legislative functions
Definitions (Section 4):
- Simple Transactions: Requests requiring ministerial actions
- Complex Transactions: Requests requiring discretion in resolving complicated issues
- Frontline Service: Process or transaction between clients and government offices involving applications or requests
- Action: Written approval or disapproval on an application or request
- Officer or Employee: Person employed in a government office required to act on applications or requests
- Irrelevant Requirement: Document or act not directly material to the request
- Fixer: Individual facilitating speedy completion of transactions for gain or advantage
Reengineering of Systems and Procedures (Section 5):
- Offices providing frontline services must regularly undertake time and motion studies, evaluate and improve transaction systems, and reengineer procedures to reduce red tape and processing time.
Citizen's Charter (Section 6):
- All government agencies must set up service standards known as the Citizen's Charter, detailing:
- Procedure to obtain a service
- Responsible person for each step
- Maximum time to conclude the process
- Required documents
- Fees, if any
- Procedure for filing complaints
Accountability of Heads of Offices and Agencies (Section 7):
- The head of the office or agency is primarily responsible for implementing the Act and rendering fast, efficient, convenient, and reliable service.
Accessing Frontline Services (Section 8):
- Acceptance of Applications and Requests:
- Officers or employees must accept written applications or requests (Section 8(a)(1))
- Acknowledge receipt with name, unit, time, and date (Section 8(a)(2))
- Perform preliminary assessment for expeditious action (Section 8(a)(3))
- Action on Applications or Requests:
- Act within 5 working days for simple transactions and 10 working days for complex transactions (Section 8(b)(1))
- Notify client in writing if extension is needed, stating reason and final date (Section 8(b)(1))
- Provide written notice of disapproval with reasons and missing requirements (Section 8(b)(2))
- Denial of Request for Access to Government Service:
- Denial must be fully explained in writing, stating the name of the person denying and grounds for denial (Section 8(c))
- Limitation of Signatories:
- Maximum of 5 signatures representing officers directly supervising the office or agency (Section 8(d))
- Adoption of Working Schedules:
- Heads of offices must adopt schedules to ensure clients within premises before end of official hours are served (Section 8(e))
- Identification Card:
- Employees transacting with the public must wear visible identification cards (Section 8(f))
- Public Assistance/Complaints Desk:
- Each office or agency must establish a public assistance/complaints desk (Section 8(g))
Automatic Extension of Permits and Licenses (Section 9):
- If an office or agency fails to act on an application for renewal of a license, permit, or authority within the prescribed period, it shall be automatically extended until a decision is rendered, except for activities posing danger to public health, safety, morals, or policy.
Report Card Survey (Section 10):
- Offices providing frontline services shall be subjected to a Report Card Survey by the Civil Service Commission and Development Academy of the Philippines to obtain feedback on compliance with the Citizen's Charter and agency performance.
- The survey shall also obtain information on hidden costs incurred by clients, including bribes and payments to fixers.
- A feedback mechanism shall be established, and results incorporated in the annual report.
Violations and Penalties (Section 11):
- Light Offenses:
- Refusal to accept applications or documents (Section 11(a)(1))
- Failure to act on a request or refer back to the client (Section 11(a)(2))
- Failure to attend to clients before end of official hours (Section 11(a)(3))
- Failure to render frontline services within prescribed period without due cause (Section 11(a)(4))
- Failure to give written notice of disapproval (Section 11(a)(5))
- Imposing additional irrelevant requirements (Section 11(a)(6))
Penalties for Light Offenses:
- First Offense: 30 days suspension without pay and mandatory values orientation
- Second Offense: 3 months suspension without pay
- Third Offense: Dismissal and perpetual disqualification from public service
- Grave Offense:
- Fixing and/or collusion with fixers for economic or other gain (Section 11(b))
Penalty: Dismissal and perpetual disqualification from public service
Criminal Liability for Fixers (Section 12):
- Fixers shall suffer imprisonment not exceeding 6 years or a fine of P20,000 to P200,000, or both, at the court's discretion.
Civil and Criminal Liability Not Barred (Section 13):
- Finding of administrative liability under this Act shall not bar filing of criminal, civil, or other related charges under existing laws arising from the same act or omission.
Administrative Jurisdiction (Section 14):
- Administrative jurisdiction over violations shall be vested in the Civil Service Commission, Presidential Anti-Graft Commission, or the Office of the Ombudsman as determined by appropriate laws and issuances.
Immunity and Discharge of Co-Respondent/Accused as Witness (Section 15):
- A public official, employee, or person charged under this Act who voluntarily provides information or testifies shall be exempt from prosecution in the case where their information and testimony are given, subject to certain conditions.
Implementing Rules and Regulations (Section 16):
- The Civil Service Commission, in coordination with the Development Academy of the Philippines, Office of the Ombudsman, and Presidential Anti-Graft Commission, shall promulgate the necessary rules and regulations within 90 days from the effectivity of this Act.
Separability Clause (Section 17):
- If any provision is declared invalid or unconstitutional, it shall not affect the validity of the remaining provisions.
Repealing Clause (Section 18):
- All provisions of laws, presidential decrees, letters of instruction, and other presidential issuances inconsistent with this Act are deemed amended or repealed.
Effectivity (Section 19):
- This Act shall take effect within 15 days following its publication in the Official Gazette or in two national newspapers of general circulation.
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red tape
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ANTI-RED TAPE ACT OF 2007
Republic Act No. 9485
•June 2, 2007
Republic of the Philippines
Congress of the Philippines
Metro Manila
Thirteenth Congress
Third Special Session
Begun and held in Metro Manila, on Monday, the nineteenth day of February, two thousand seven.
Republic Act No. 9485 June 02, 2007
AN ACT TO IMPROVE EFFICIENCY IN THE DELIVERY OF GOVERNMENT SERVICE TO THE PUBLIC BY REDUCING BUREAUCRATIC RED TAPE, PREVENTING GRAFT AND CORRUPTION, AND PROVIDING PENALTIES THEREFOR
Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title. - This Act shall be known as the "Anti-Red Tape Act of 2007".
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to promote integrity, accountability, proper management of public affairs and public property as well as to establish effective practices aimed at the prevention of graft and corruption in government. Towards this end, the State shall maintain honesty and responsibility among its public officials and employees, and shall take appropriate measures to promote transparency in...
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