IV Special Laws, Law On Public Officers

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REPUBLIC ACT No.

8249 February 5, 1997

AN ACT FURTHER DEFINING THE JURISDICTION OF THE SANDIGANBAYAN, AMENDING


FOR THE PURPOSE PRESIDENTIAL DECREE NO. 1606, AS AMENDED, PROVIDING FUNDS
THEREFOR, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress


assembled:

Section 1. The first paragraph of Section 1 of Presidential Decree No. 1606, as amended, is hereby
further amended to read as follows:

"SECTION 1. Sandiganbayan; Composition, Qualifications; Tenure; Removal and


Compensation. - A special court, of the same level as the Court of Appeals and possessing
all the inherent powers of a court ofjustice, to be known as the Sandiganbayan is hereby
created composed of a presiding justice and fourteen associate justices who shall be
appointed by the President."

Section 2. Section 2 of the same decree is hereby further amended to read as follows:

"SECTION 2. Official Station; Place of Holding Sessions. - The Sandiganbayan shall have its
principal office in the Metro Manila area and shall hold sessions thereat for the trial and
determination of cases filed with it: Provided, however, That cases originating from the
principal geographical regions of the country, that is, from Luzon, Visayas or Mindanao, shall
be heard in their respective regions of origin except only when the greater convenience of
the accused and of the witnesses, or other compelling considerations require the contrary, in
which instance a case originating from one geographical region may be heard in another
geographical region: Provided, further, That for this purpose the presiding justice shall
authorize any divisions of the court to hold sessions at any time and place outside Metro
Manila and, where the interest of justice so requires, outside the territorial boundaries of the
Philippines. The Sandiganbayan may require the services of the personnel and the use of
facilities of the courts or other government offices where any of the divisions is holding
sessions and the personnel of such courts or offices shall be subject to the orders of the
Sandiganbayan."

Section 3. The second paragraph of Section 3 of the same decree is hereby deleted.

Section 4. Section 4 of the same decree is hereby further amended to read as follows:

"a. Violations of Republic Act No. 3019, as amended, otherwise known as the Anti -graft and
Corrupt Practices Act, Republic Act No. 1379, and Chapter II, Section 2, Title VII, Book II of
the Revised Penal Code, where one or more of the accused are officials occupying the
following positions in the government whether in a permanent, acting or interim capacity, at
the time of the commission of the offense:

"(1) Officials of the executive branch occupying the positions of regional director and
higher, otherwise classified as Grade '27' and higher, of the Compensation and
Position Classification Act of 1989 (Republic Act No. 6758), specifically including:
"(a) Provincial governors, vice-governors, members of the sangguniang
panlalawigan and provincial treasurers, assessors, engineers and other
provincial department heads;

"(b) City mayors, vice-mayors, members of the sangguniang panlungsod, city


treasurers, assessors engineers and other city department heads;

"(c) Officials of the diplomatic service occupying the position of consul and
higher;

"(d) Philippine army and air force colonels, naval captains, and all officers of
higher rank;

"(e) Officers of the Philippine National Police while occupying the position of
provincial director and those holding the rank of senior superintendent or
higher;

"(f) City and provincial prosecutors and their assistants, and officials and
prosecutors in the Office of the Ombudsman and special prosecutor;

"(g) Presidents, directors or trustees, or managers of government -owned or -


controlled corporations, state universities or educational institutions or
foundations;

"(2) Members of Congress and officials thereof classified as Grade'27'and up under


the Compensation and Position Classification Act of 1989;

"(3) Members of the judiciary without prejudice to the provisions of the Constitution;

"(4) Chairmen and members of Constitutional Commissions, without prejudice to the


provisions of the Constitution; and

"(5) All other national and local officials classified as Grade'27'and higher under the
Compensation and Position Classification Act of 1989.

"b. Other offenses orfelonies whether simple or complexed with other crimes committed by
the public officials and employees mentioned in subsection a of this section in relation to
their office.

"c. Civil and criminal cases filed pursuant to and in connection with Executive Order Nos. 1,
2, 14 and 14-A, issued in 1986.

"In cases where none of the accused are occupying positions corresponding to salary grade
'27' or higher, as prescribed in the said Republic Act No. 6758, or military or PNP officers
mentioned above, exclusive original jurisdiction thereof shall be vested in the proper regional
trial court, metropolitan trial court, municipal trial court and municipal circuit trial court ' as the
case may be, pursuant to their respective jurisdiction as provided in Batas Pambansa Blg.
129, as amended.
"The Sandiganbayan shall exercise exclusive appellate jurisdiction over final judgments,
resolutions or orders or regional trial courts whether in the exercise of their own original
jurisdiction orof their appellate jurisdiction as herein provided.

"The Sandiganbayan shall have exclusive original jurisdiction over petitions for the issuance
of the writs of mandamus, prohibition, certiorari, habeas corpus, injunctions, and other
ancillary writs and processes in aid of its appellate jurisdiction and over petitions of similar
nature, including quo warranto, arising or that may arise in cases filed or which may be filed
under Executive Order Nos. 1,2,14 and 14-A, issued in 1986: Provided, That the jurisdiction
over these petitions shall not be exclusive of the Supreme Court.

The procedure prescribed in Batas Pambansa Blg. 129, as well as the implementing rules
that the Supreme Court has promulgated and may hereafter promulgate, relative to
appeals/petitions for review to the Court of Appeals, shall apply to appeals and petitions for
review filed with the Sandiganbayan. In all cases elevated to the Sandiganbayan and from
the Sandiganbayan to the Supreme Court, the Office of the Ombudsman, through its special
prosecutor, shall represent the People of the Philippines, except in cases filed pursuant to
Executive Order Nos. 1, 2, 14 and 14-A, issued in 1986.

"In case private individuals are charged as co-principals, accomplices or accessories with
the public officers or employees, including those employed in govemment -owned or
controlled corporations, they shall be tried jointly with said public officers and employees in
the proper courts which shall exercise exclusive jurisdiction over them.

"Any provisions of law or Rules of Court to the contrary notwithstanding, the criminal action
and the corresponding civil action for the recovery of civil liability shall at all times be
simultaneously instituted with, and jointly determined in, the same proceeding by the
Sandiganbayan or the appropriate courts, the filing of the criminal action being deemed to
necessarily carry with it the filing of the civil action, and no right to reserve the filing of such
civil action separately from the criminal action shall be recognized: Provided, however, That
where the civil action had therefore been filed separately but judgment therein has not yet
been rendered, and the criminal case is hereafter filed with the Sandiganbayan or the
appropriate court, said civil action shall be transferred to the Sandiganbayan or the
appropriate court, as the case may be, for consolidation and joint determination with the
criminal action, otherwise the separate civil action shall be deemed abandoned."

Section 5. Section 7 of the same decree is hereby further amended to read as follows:

'SECTION 7. Form, Finality and Enforcement of Decisions. - All decisions and final orders
determining the merits of a case or finally disposing of the action or proceedings of the
Sandijanbayan shall contain complete findings of the facts and the law on which they are
based, on all issues properly raised before it and necessary in deciding the case.

"A petition for reconsideration of any final order or decision may be filed within fifteen (15)
days from promulgation or notice of the final order on judgment, and such motion for
reconsideration shall be decided within thirty (30) days from submission thereon.

"Decisions and final orders ofthe Sandiganbyan shall be appealable to the Supreme Court by
petition for review on certiorari raising pure questions of law in accordance with Rule 45 of
the Rules of Court. Whenever, in any case decided by the Sandiganbayan, the penalty of
reclusion perpetua, life imprisonment or death is imposed, the decision shall be appealable
to the Supreme Court in the manner prescribed in the Rules of Court.
"Judgments and orders of the Sandiganbayan shall be executed and enforced in the manner
provided by law.

"Decisions and final orders of other courts in cases cognizable by said courts under this
decree as well as those rendered by them in the exercise of their appellate jurisdiction shall
be appealable to, or be reviewable by, the Sandiganbayan in the manner provided by Rule
122 of the Rules of the Court.

"In case, however, the imposed penalty by the Sandiganbayan or the regional trial court in
the proper exercise of their respective jurisdictions, is death, review by the Supreme Court
shall be automatic, whether or not accused files an appeal."

Section 6. Appropriations. - The amount necessary to carry out the initial implementation of this
Act shall be charged against the current fiscal year appropriations of the Sandiganbay an. Thereafter,
such sums as may be needed for its continued implementation shall be included in the annual
General Appropriations Act.

Section 7. Transitory Provision. - This Act shall apply to all cases pending in any court over which
trial has not begun as of the approval hereof

Section 8. Separability of Provisions. - If for any reason any provision of this Act is declared
unconstitutional or invalid, such parts or portions not affected thereby shall remain in full force and
effect.

Section 9. Repealing Clause. - All acts, decrees, general orders and circulars, or parts thereof
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Section 10. Effectivity. - This Act shall take effect fifteen (15) days after its complete publication in
at least two (2) newspapers of general circulation.
Republic Act No. 6770 November 17, 1989

AN ACT PROVIDING FOR THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE


OFFICE OF THE OMBUDSMAN, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress


assembled:

Section 1. Title. — This Act shall be known as "The Ombudsman Act of 1989".

Section 2. Declaration of Policy. — The State shall maintain honesty and integrity in the public
service and take positive and effective measures against graft and corruption.

Public office is a public trust. Public officers and employees must at all times be accountable to the
people, serve them with utmost responsibility, integrity, loyalty, efficiency, act with patriotism and
justice and lead modest lives.

Section 3. Office of the Ombudsman. — The Office of the Ombudsman shall include the Office of
the Overall Deputy, the Office of the Deputy for Luzon, the Office of the Deputy for t he Visayas, the
Office of the Deputy for Mindanao, the Office of the Deputy for the Armed Forces, and the Office of
the Special Prosecutor. The President may appoint other Deputies as the necessity for it may arise,
as recommended by the Ombudsman.

Section 4. Appointment. — The Ombudsman and his Deputies, including the Special Prosecutor,
shall be appointed by the President from a list of at least twenty -one (21) nominees prepared by the
Judicial and Bar Council, and from a list of three (3) nominees for each vacancy thereafter, which
shall be filled within three (3) months after it occurs, each of which list shall be published in a
newspaper of general circulation.

In the organization of the Office of the Ombudsman for filling up of positions therein, regional,
cultural or ethnic considerations shall be taken into account to the end that the Office shall be as
much as possible representative of the regional, ethnic and cultural make-up of the Filipino nation.

Section 5. Qualifications. — The Ombudsman and his Deputies, including the Special Prosecutor,
shall be natural-born citizens of the Philippines, at least forty (40) years old, of recognized probity
and independence, members of the Philippine Bar, and must not have been candidates for any
elective national or local office in the immediately preceding election whether regular or special. The
Ombudsman must have, for ten (10) years or more, been a judge or engaged in the practice of law
in the Philippines.

Section 6. Rank and Salary. — The Ombudsman and his Deputies shall have the same ranks,
salaries and privileges as the Chairman and members, respectively, of a Constitutional Commission.
Their salaries shall not be decreased during their term of office.

The members of the prosecution, investigation and legal staff of the Office of the Ombudsman shall
receive salaries which shall not be less than those given to comparable positions in any office in the
Government.
Section 7. Term of Office. — The Ombudsman and his Deputies, including the Special Prosecutor,
shall serve for a term of seven (7) years without reappointment.

Section 8. Removal; Filling of Vacancy. —

(1) In accordance with the provisions of Article XI of the Constitution, the Ombudsman may
be removed from office on impeachment for, and conviction of, culpable violation of the
Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public
trust.

(2) A Deputy or the Special Prosecutor, may be removed from office by the President for any
of the grounds provided for the removal of the Ombudsman, and after due process.

(3) In case of vacancy in the Office of the Ombudsman due to death, resignation, removal or
permanent disability of the incumbent Ombudsman, the Overall Deputy shall serve as Acting
Ombudsman in a concurrent capacity until a new Ombudsman shall have been appointed for
a full term.n case the Overall Deputy cannot assume the role of Acting Ombudsman, the
President may designate any of the Deputies, or the Special Prosecutor, as Acting
Ombudsman.

(4) In case of temporary absence or disability of the Ombudsman, the Overall Deputy shall
perform the duties of the Ombudsman until the Ombudsman returns or is able to perform his
duties.

Section 9. Prohibitions and Disqualifications. — The Ombudsman, his Deputies and the Special
Prosecutor shall not, during their tenure, hold any other office or employment. They shall not, during
said tenure, directly or indirectly practice any other profession, participate in any business, or be
financially interested in any contract with, or in any franchise, or special privilege granted by the
Government or any subdivision, agency or instrumentality thereof, including government -owned or
controlled corporations or their subsidiaries. They shall strictly avoid conflict of interest in the conduct
of their office. They shall not be qualified to run for any office in the election immediately following
their cessation from office. They shall not be allowed to appear or pract ice before the Ombudsman
for two (2) years following their cessation from office.

No spouse or relative by consanguinity or affinity within the fourth civil degree and no law, business
or professional partner or associate of the Ombudsman, his Deputies or Special Prosecutor within
one (1) year preceding the appointment may appear as counsel or agent on any matter pending
before the Office of the Ombudsman or transact business directly or indirectly therewith.

This disqualification shall apply during the tenure of the official concerned. This disqualification
likewise extends to the law, business or professional firm for the same period.

Section 10. Disclosure of Relationship. — It shall be the duty of the Ombudsman, his Deputies,
including the Special Prosecutor to make under oath, to the best of their knowledge and/or
information, a public disclosure of the identities of, and their relationship with the persons referred to
in the preceding section.

The disclosure shall be filed with the Office of the President and the Office of the Ombudsman
before the appointee assumes office and every year thereafter. The disclosures made pursuant to
this section shall form part of the public records and shall be available to any person or entity upon
request.
Section 11. Structural Organization. — The authority and responsibility for the exercise of the
mandate of the Office of the Ombudsman and for the discharge of its powers and functions shall be
vested in the Ombudsman, who shall have supervision and control of the said office.

(1) The Office of the Ombudsman may organize such directorates for administration and
allied services as may be necessary for the effective discharge of its functions. Those
appointed as directors or heads shall have the rank and salary of line bureau directors.

(2) The Office of the Overall Deputy shall oversee and administer the operations of the
different offices under the Office of Ombudsman.t shall likewise perform such other functions
and duties assigned to it by the Ombudsman.

(3) The Office of the Special Prosecutor shall be composed of the Special Prosecutor and his
prosecution staff. The Office of the Special Prosecutor shall be an organic component of the
Office of the Ombudsman and shall be under the supervision and control of the
Ombudsman.

(4) The Office of the Special Prosecutor shall, under the supervision and control and upon
the authority of the Ombudsman, have the following powers:

(a) To conduct preliminary investigation and prosecute criminal cases within the
jurisdiction of the Sandiganbayan;

(b) To enter into plea bargaining agreements; and

(c) To perform such other duties assigned to it by the Ombudsman.

The Special Prosecutor shall have the rank and salary of a Deputy Ombudsman.

(5) The position structure and staffing pattern of the Office of the Ombudsman, including the
Office of the Special Prosecutor, shall be approved and prescribed by the Ombudsman. The
Ombudsman shall appoint all officers and employees of the Office of the Ombudsman,
including those of the Office of the Special Prosecutor, in accordance with the Civil Service
Law, rules and regulations.

Section 12. Official Stations. — The Ombudsman, the Overall Deputy, the Deputy for Luzon, and
the Deputy for the Armed Forces shall hold office in Metropolitan Manila; the Deputy for the Visayas,
in Cebu City; and the Deputy for Mindanao, in Davao City. The Ombudsman may transfer their
stations within their respective geographical regions, as public interest may require.

Section 13. Mandate. — The Ombudsman and his Deputies, as protectors of the people, shall act
promptly on complaints filed in any form or manner against officers or employees of the
Government, or of any subdivision, agency or instrumentality thereof, including government -owned
or controlled corporations, and enforce their administrative, civil and criminal liability in every case
where the evidence warrants in order to promote efficient service by the Government to the people.

Section 14. Restrictions. — No writ of injunction shall be issued by any court to delay an
investigation being conducted by the Ombudsman under this Act, unless there is a prima facie
evidence that the subject matter of the investigation is outside the jurisdiction of the Office of the
Ombudsman.
No court shall hear any appeal or application for remedy against the decision or findings of the
Ombudsman, except the Supreme Court, on pure question of law.

Section 15. Powers, Functions and Duties. — The Office of the Ombudsman shall have the
following powers, functions and duties:

(1) Investigate and prosecute on its own or on complaint by any person, any act or omission
of any public officer or employee, office or agency, when such act or omis sion appears to be
illegal, unjust, improper or inefficient.t has primary jurisdiction over cases cognizable by the
Sandiganbayan and, in the exercise of this primary jurisdiction, it may take over, at any
stage, from any investigatory agency of Government, the investigation of such cases;

(2) Direct, upon complaint or at its own instance, any officer or employee of the Government,
or of any subdivision, agency or instrumentality thereof, as well as any government -owned or
controlled corporations with original charter, to perform and expedite any act or duty required
by law, or to stop, prevent, and correct any abuse or impropriety in the performance of
duties;

(3) Direct the officer concerned to take appropriate action against a public officer or
employee at fault or who neglect to perform an act or discharge a duty required by law, and
recommend his removal, suspension, demotion, fine, censure, or prosecution, and ensure
compliance therewith; or enforce its disciplinary authority as provided in Section 21 of this
Act: provided, that the refusal by any officer without just cause to comply with an order of the
Ombudsman to remove, suspend, demote, fine, censure, or prosecute an officer or
employee who is at fault or who neglects to perform an act or discharge a duty required by
law shall be a ground for disciplinary action against said officer;

(4) Direct the officer concerned, in any appropriate case, and subject to such limitations as it
may provide in its rules of procedure, to furnish it with copies of documents relating to
contracts or transactions entered into by his office involving the disbursement or use of
public funds or properties, and report any irregularity to the Commission on Audit for
appropriate action;

(5) Request any government agency for assistance and information necessary in the
discharge of its responsibilities, and to examine, if necessary, pertinent records and
documents;

(6) Publicize matters covered by its investigation of the matters mentioned in paragraphs (1),
(2), (3) and (4) hereof, when circumstances so warrant and with due prudence: provided, that
the Ombudsman under its rules and regulations may determine what cases may not be
made public: provided, further, that any publicity issued by the Ombudsman shall be
balanced, fair and true;

(7) Determine the causes of inefficiency, red tape, mismanagement, fraud, and corruption in
the Government, and make recommendations for their elimination and the observance of
high standards of ethics and efficiency;

(8) Administer oaths, issue subpoena and subpoena duces tecum, and take testimony in any
investigation or inquiry, including the power to examine and have access to bank accounts
and records;
(9) Punish for contempt in accordance with the Rules of Court and under the same
procedure and with the same penalties provided therein;

(10) Delegate to the Deputies, or its investigators or representatives such authority or duty as
shall ensure the effective exercise or performance of the powers, functions, and duties
herein or hereinafter provided;

(11) Investigate and initiate the proper action for the recovery of ill-gotten and/or unexplained
wealth amassed after February 25, 1986 and the prosecution of the parties involved therein.

The Ombudsman shall give priority to complaints filed against high ranking government officials
and/or those occupying supervisory positions, complaints involving grave offenses as well as
complaints involving large sums of money and/or properties.

Section 16. Applicability. — The provisions of this Act shall apply to all kinds of malfeasance,
misfeasance, and non-feasance that have been committed by any officer or employee as mentioned
in Section 13 hereof, during his tenure of office.

Section 17. Immunities. — In all hearings, inquiries, and proceedings of the Ombudsman, including
preliminary investigations of offenses, nor person subpoenaed to testify as a witness shall be
excused from attending and testifying or from producing books, papers, correspondence,
memoranda and/or other records on the ground that the testimony or evidence, documentary or
otherwise, required of him, may tend to incriminate him or subject him to prosecution: provided, that
no person shall be prosecuted criminally for or on account of any matter concerning which he is
compelled, after having claimed the privilege against self-incrimination, to testify and produce
evidence, documentary or otherwise.

Under such terms and conditions as it may determine, taking into account the pertinent provisions of
the Rules of Court, the Ombudsman may grant immunity from criminal prosecution to any person
whose testimony or whose possession and production of document s or other evidence may be
necessary to determine the truth in any hearing, inquiry or proceeding being conducted by the
Ombudsman or under its authority, in the performance or in the furtherance of its constitutional
functions and statutory objectives. The immunity granted under this and the immediately preceding
paragraph shall not exempt the witness from criminal prosecution for perjury or false testimony nor
shall he be exempt from demotion or removal from office.

Any refusal to appear or testify pursuant to the foregoing provisions shall be subject to punishment
for contempt and removal of the immunity from criminal prosecution.

Section 18. Rules of Procedure. —

(1) The Office of the Ombudsman shall promulgate its rules of procedure for the effective
exercise or performance of its powers, functions, and duties.

(2) The rules of procedure shall include a provision whereby the Rules of Court are made
suppletory.

(3) The rules shall take effect after fifteen (15) days following the completion of their
publication in the Official Gazette or in three (3) newspapers of general circulation in the
Philippines, one of which is printed in the national language.
Section 19. Administrative Complaints. — The Ombudsman shall act on all complaints relating,
but not limited to acts or omissions which:

(1) Are contrary to law or regulation;

(2) Are unreasonable, unfair, oppressive or discriminatory;

(3) Are inconsistent with the general course of an agency's functions, though in accordance
with law;

(4) Proceed from a mistake of law or an arbitrary ascertainment of facts;

(5) Are in the exercise of discretionary powers but for an improper purpose; or

(6) Are otherwise irregular, immoral or devoid of justification.

Section 20. Exceptions. — The Office of the Ombudsman may not conduct the necessary
investigation of any administrative act or omission complained of if it believes that:

(1) The complainant has an adequate remedy in another judicial or quasi-judicial body;

(2) The complaint pertains to a matter outside the jurisdiction of the Office of the
Ombudsman;

(3) The complaint is trivial, frivolous, vexatious or made in bad faith;

(4) The complainant has no sufficient personal interest in the subject matter of the grievance;
or

(5) The complaint was filed after one (1) year from the occurrence of the act or omission
complained of.

Section 21. Official Subject to Disciplinary Authority; Exceptions. — The Office of the
Ombudsman shall have disciplinary authority over all elective and appointive officials of the
Government and its subdivisions, instrumentalities and agencies, including Members of the Cabinet,
local government, government-owned or controlled corporations and their subsidiaries, except over
officials who may be removed only by impeachment or over Members of Congress, and the
Judiciary.

Section 22. Investigatory Power. — The Office of the Ombudsman shall have the power to
investigate any serious misconduct in office allegedly committed by officials removable by
impeachment, for the purpose of filing a verified complaint for impeachment, if warranted.

In all cases of conspiracy between an officer or employee of the government and a private person,
the Ombudsman and his Deputies shall have jurisdiction to include such private person in the
investigation and proceed against such private person as the evidence may warrant. The officer or
employee and the private person shall be tried jointly and shall be subject to the same penalties and
liabilities.

Section 23. Formal Investigation. —


(1) Administrative investigations conducted by the Office of the Ombudsman shall be in
accordance with its rules of procedure and consistent with due process.

(2) At its option, the Office of the Ombudsman may refer certain complaints to the proper
disciplinary authority for the institution of appropriate administrative proceedings against
erring public officers or employees, which shall be determined within the period prescribed in
the civil service law. Any delay without just cause in acting on any referral made by the Office
of the Ombudsman shall be a ground for administrative action against the officers or
employees to whom such referrals are addressed and shall constitute a graft offense
punishable by a fine of not exceeding Five thousand pesos (P5,000.00).

(3) In any investigation under this Act the Ombudsman may: (a) enter and inspect the
premises of any office, agency, commission or tribunal; (b) examine and have access to any
book, record, file, document or paper; and (c) hold private hearings with both the complaining
individual and the official concerned.

Section 24. Preventives Suspension. — The Ombudsman or his Deputy may preventively
suspend any officer or employee under his authority pending an investigation, if in his judgment the
evidence of guilt is strong, and (a) the charge against such officer or employee involves dishonesty,
oppression or grave misconduct or neglect in the performance of duty; (b) the charges would warrant
removal from the service; or (c) the respondent's continued stay in office may prejudice the case
filed against him.

The preventive suspension shall continue until the case is terminated by the Office of the
Ombudsman but not more than six (6) months, without pay, except when the delay in the disposition
of the case by the Office of the Ombudsman is due to the fault, negligence or petition of the
respondent, in which case the period of such delay shall not be counted in computing the period of
suspension herein provided.

Section 25. Penalties. —

(1) In administrative proceedings under Presidential Decree No. 807, the penalties and rules
provided therein shall be applied.

(2) In other administrative proceedings, the penalty ranging from suspension without pay for
one (1) year to dismissal with forfeiture of benefits or a fine ranging from Five thousand
pesos (P5,000.00) to twice the amount malversed, illegally taken or lost, or both at the
discretion of the Ombudsman, taking into consideration circumstances that mitigate or
aggravate the liability of the officer or employee found guilty of the complaint or charges.

Section 26. Inquiries. —

(1) The Office of the Ombudsman shall inquire into acts or omissions of a public officer,
employee, office or agency which, from the reports or complaints it has received, the
Ombudsman or his Deputies consider to be:

(a) contrary to law or regulation;

(b) unreasonable, unfair, oppressive, irregular or inconsistent with the general course
of the operations and functions of a public officer, employee, office or agency;
(c) an error in the application or interpretation of law, rules or regulations, or a gross
or palpable error in the appreciation of facts;

(d) based on improper motives or corrupt considerations;

(e) unclear or inadequately explained when reasons should have been revealed; or

(f) inefficient performed or otherwise objectionable.

(2) The Officer of the Ombudsman shall receive complaints from any source in whatever
form concerning an official act or omission.t shall act on the complaint immediately and if it
finds the same entirely baseless, it shall dismiss the same and inform the complainant of
such dismissal citing the reasons therefor.f it finds a reasonable ground to investigate further,
it shall first furnish the respondent public officer or employee with a summary of the
complaint and require him to submit a written answer within seventy -two (72) hours from
receipt thereof.f the answer is found satisfactory, it shall dismiss the case.

(3) When the complaint consists in delay or refusal to perform a duty required by law, or
when urgent action is necessary to protect or preserve the rights of the complainant, the
Office of the Ombudsman shall take steps or measures and issue such orders directing the
officer, employee, office or agency concerned to:

(a) expedite the performance of duty;

(b) cease or desist from the performance of a prejudicial act;

(c) correct the omission;

(d) explain fully the administrative act in question; or

(e) take any other steps as may be necessary under the circumstances to protect
and preserve the rights of the complainant.

(4) Any delay or refusal to comply with the referral or directive of the Ombudsman or any of
his Deputies, shall constitute a ground for administrative disciplinary action against the officer
or employee to whom it was addressed.

Section 27. Effectivity and Finality of Decisions. — (1) All provisionary orders of the Office of the
Ombudsman are immediately effective and executory.

A motion for reconsideration of any order, directive or decision of the Office of the Ombudsman must
be filed within five (5) days after receipt of written notice and shall be entertained only on any of the
following grounds:

(1) New evidence has been discovered which materially affects the order, directive or
decision;

(2) Errors of law or irregularities have been committed prejudicial to the interest of t he
movant. The motion for reconsideration shall be resolved within three (3) days from filing:
provided, that only one motion for reconsideration shall be entertained.
Findings of fact by the Officer of the Ombudsman when supported by substantial evidence are
conclusive. Any order, directive or decision imposing the penalty of public censure or reprimand,
suspension of not more than one (1) month's salary shall be final and unappealable.

In all administrative disciplinary cases, orders, directives, or decisions of the Office of the
Ombudsman may be appealed to the Supreme Court by filing a petition for certiorari within ten (10)
days from receipt of the written notice of the order, directive or decision or denial of the motion for
reconsideration in accordance with Rule 45 of the Rules of Court.

The above rules may be amended or modified by the Office of the Ombudsman as the interest of
justice may require.

Section 28. Investigation in Municipalities, Cities and Provinces. — The Office of the
Ombudsman may establish offices in municipalities, cities and provinces outside Metropolitan
Manila, under the immediate supervision of the Deputies for Luzon, Visayas and Mindanao, where
necessary as determined by the Ombudsman. The investigation of complaints may be assigned to
the regional or sectoral deputy concerned or to a special investigator who shall proceed in
accordance with the rules or special instructions or directives of the Office of the Ombudsman.
Pending investigation the deputy or investigator may issue orders and provisional remedies which
are immediately executory subject to review by the Ombudsman. Within three (3) days after
concluding the investigation, the deputy or investigator shall transmit, together with the entire
records of the case, his report and conclusions to the Office of the Ombudsman. Within five (5) days
after receipt of said report, the Ombudsman shall render the appropriate order, directive or deci sion.

Section 29. Change of Unjust Laws. — If the Ombudsman believes that a law or regulation is
unfair or unjust, he shall recommend to the President and to Congress the necessary changes
therein or the repeal thereof.

Section 30. Transmittal/Publication of Decision. — In every case where the Ombudsman has
reached a decision, conclusion or recommendation adverse to a public official or agency, he shall
transmit his decision, conclusion, recommendation or suggestion to the head of the department,
agency or instrumentality, or of the province, city or municipality concerned for such immediate
action as may be necessary. When transmitting his adverse decision, conclusion or
recommendation, he shall, unless excused by the agency or official affected, include the substance
of any statement the public agency or official may have made to him by way of explaining past
difficulties with or present rejection of the Ombudsman's proposals.

Section 31. Designation of Investigators and Prosecutors. — The Ombudsman may utilize the
personnel of his office and/or designate or deputize any fiscal, state prosecutor or lawyer in the
government service to act as special investigator or prosecutor to assist in the investigation and
prosecution of certain cases. Those designated or deputized to assist him herein provided shall be
under his supervision and control.

The Ombudsman and his investigators and prosecutors, whether regular members of his staff or
designated by him as herein provided, shall have authority to administer oaths , to issue subpoena
and subpoena duces tecum, to summon and compel witnesses to appear and testify under oath
before them and/or bring books, documents and other things under their control, and to secure the
attendance or presence of any absent or recalcitrant witness through application before the
Sandiganbayan or before any inferior or superior court having jurisdiction of the place where the
witness or evidence is found.

Section 32. Rights and Duties of Witness. —


(1) A person required by the Ombudsman to provide the information shall be paid the same
fees and travel allowances as are extended to witnesses whose attendance has been
required in the trial courts. Upon request of the witness, the Ombudsman shall also furnish
him such security for his person and his family as may be warranted by the circumstances.
For this purpose, the Ombudsman may, at its expense, call upon any police or constabulary
unit to provide the said security.

(2) A person who, with or without service or compulsory process, provides oral or
documentary information requested by the Ombudsman shall be accorded the same
privileges and immunities as are extended to witnesses in the courts, and shall likewise be
entitled to the assistance of counsel while being questioned.

(3) If a person refuses to respond to the Ombudsman's or his Deputy's subpoena, or refuses
to be examined, or engages in obstructive conduct, the Ombudsman or his Deputy shall
issue an order directing the person to appear before him to show cause why he should not
be punished for contempt. The contempt proceedings shall be conducted pursuant to the
provisions of the Rules of Court.

Section 33. Duty to Render Assistance to the Office of the Ombudsman. — Any officer or
employee of any department, bureau or office, subdivision, agency or instrumentality of the
Government, including government-owned or controlled corporations and local governments, when
required by the Ombudsman, his Deputy or the Special Prosecutor shall render assistance to the
Office of the Ombudsman.

Section 34. Annual Report. — The Office of the Ombudsman shall render an annual report of its
activities and performance to the President and to Congress to be submitted within thirty (30) days
from the start of the regular session of Congress.

Section 35. Malicious Prosecution. — Any person who, actuated by malice or gross bad faith, files
a completely unwarranted or false complaint against any government official or employee shall be
subject to a penalty of one (1) month and one (1) day to six (6) months impris onment and a fine not
exceeding Five thousand pesos (P5,000.00).

Section 36. Penalties for Obstruction. — Any person who willfully obstructs or hinders the proper
exercise of the functions of the Office of the Ombudsman or who willfully misleads or attempt s to
mislead the Ombudsman, his Deputies and the Special Prosecutor in replying to their inquiries shall
be punished by a fine of not exceeding Five thousand pesos (P5,000.00).

Section 37. Franking Privilege. — All official mail matters and telegrams of the Ombudsman
addressed for delivery within the Philippines shall be received, transmitted, and delivered free of
charge: provided, that such mail matters when addressed to private persons or nongovernment
offices shall not exceed one hundred and twenty (120) grams. All mail matters and telegrams sent
through government telegraph facilities containing complaints to the Office of the Ombudsman shall
be transmitted free of charge, provided that the telegram shall contain not more than one hundred
fifty (150) words.

Section 38. Fiscal Autonomy. — The Office of the Ombudsman shall enjoy fiscal autonomy.
Appropriations for the Office of the Ombudsman may not be reduced below the amount appropriated
for the previous years and, after approval, shall be automatically and regularly released.

Section 39. Appropriations. — The appropriation for the Office of the Special Prosecutor in the
current General Appropriations Act is hereby transferred to the Office of the Ombudsman.
Thereafter, such sums as may be necessary shall be included in the annual General Appropriations
Act.

Section 40. Separability Clause. — If any provision of this Act is held unconstitutional, other
provisions not affected thereby shall remain valid and binding.

Section 41. Repealing Clause. — All laws, presidential decrees, letters of instructions, executive
orders, rules and regulations insofar as they are inconsistent with this Act, are hereby repealed or
amended as the case may be.

Section 42. Effectivity. — This Act shall take effect after fifteen (15) days following its publication in
the Official Gazette or in three (3) newspapers of general circulation in the Philippines.

Approved: November 17, 1989.


REPUBLIC ACT No. 11032
AN ACT PROMOTING EASE OF DOING BUSINESS AND EFFICIENT DELIVERY OF
GOVERNMENT SERVICES, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9485,
OTHERWISE KNOWN AS THE ANTI-RED TAPE ACT OF 2007, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress


assembled:

Section 1. Section 1 of Republic Act No. 9485, otherwise known as the "Anti-Red Tape Act of 2007",
is hereby amended to read as follows:

"Sec. 1. Short Title. – This Act shall be known as the Ease of Doing Business and Efficient
Government Service Delivery Act of 2018"

Section 2. Section 2 of the same Act is hereby amended to read as follows:

"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 efficient turnaround of the delivery of government services and 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 each agency with regard to the manner of transacting with the public, which
shall encompass a program for the adoption of simplified requirements and procedures that wil l
reduce red tape and expedite business and nonbusiness related transactions in government."

Section 3. Section 3 of the same Act is hereby amended to read as follows:

"Sec. 3 . Coverage. – This Act shall apply to all government offices and agencies including local
government units (LGUs), government-owned or controlled corporations and other government
instrumentalities, whether located in the Philippines or abroad, that provide services covering
business and nonbusiness related transactions as defined in this Act."

Section 4. Section 4 of the same Act is hereby amended to read as follows:

"Sec. 4. Definition of Terms. – As used in this Act, the following terms are defined as follows:

"(a) Action refers to the written approval or disapproval made by a government office or agency on
the application or request submitted by an applicant or requesting party for processing;

"(b) Business One Stop Shop (BOSS) – a single common site or location, or a single online website
or portal designated for the Business Permit and Licensing System (BPLS) of an LGU to receive and
process applications, receive payments, and issue approved licenses, clearances, permits, or
authorizations;

"(c) Business-related transactions – a set of regulatory requirements that a business entity must
comply with to engage, operate or continue to operate a business, such as, but not limited to,
collection or preparation of a number of documents, submission to national and local government
authorities, approval of application submitted, and receipt of a formal certificate or certificates,
permits, licenses which include primary and secondary, clearances and such similar authorization or
documents which confer eligibility to operate or continue to operate as a legitimate business;
"(d) Complex transactions – applications or requests submitted by applicants or requesting parties of
a government office which necessitate evaluation in the resolution of complicated issues by an
officer or employee of said government office, such transactions to be determined by the office
concerned;

"(e) Fixer – any individual whether or not officially involved in the operation of a government office or
agency who has access to people working therein, and whether or not in collusion with them,
facilitates speedy completion of transactions for pecuniary gain or any other advantage or
consideration;

"(f) Government service – the process or transaction between applicants or requesting parties and
government offices or agencies involving applications for any privilege, right, reward, license,
clearance, permit or authorization, concession, of for any modification, renewal or extension of the
enumerated applications or requests which are acted upon in the ordinary course of business of the
agency or office concerned;

"(g) Highly technical application – an application which requires the use of technical knowledge,
specialized skills and/or training in the processing and/or evaluation thereof;

"(h) Nonbusiness transactions – all other government transactions not falling under Section 4 (c) of
this Act;

"(i) Officer or employee – a person employed in a government office or agency required to perform
specific duties and responsibilities related to the application or request submitted by an applicant or
requesting party for processing;

"(j) Processing time – the time consumed by an LGU or national government agency (NGA) from the
receipt of an application or request with complete requirements, accompanying documents and
payment of fees to the issuance of certification or such similar doc uments approving or disapproving
an application or request;

"(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 slow, suboptimal, and
undesirable social outcomes;

"(l) Regulation – any legal instrument that gives effect to a government policy intervention and
includes licensing, imposing information obligation, compliance to standards or payment of any form
of fee, levy, charge or any other statutory and regulatory requirements necessary to carry out
activity; and

"(m) Simple transactions – applications or requests submitted by applicants or requesting parties of


a government office or agency which only require ministerial actions on the part of the public officer
or employee, or that which present only inconsequential issues for the resolution by an officer or
employee of said government."

Section 5. Section 5 of the same Act is hereby amended to read as follows:

"Sec. 5. Reengineering of Systems and Procedures. – All offices and agencies which provide
government services are hereby mandated to regularly undertake cost compliance analysis, time
and motion studies, undergo evaluation and improvement of their transaction systems and
procedures and reengineer the same if deemed necessary to reduce bureaucratic red tape and
processing time.

"The Anti-Red Tape Authority, created in this Act, shall coordinate with all government offices
covered under Section 3 of this Act in the review of existing laws, executive issuances and local
ordinances, and recommend the repeal of the same if deemed outdated, redundant, and adds undue
regulatory burden to the transacting public.

"All proposed regulations of government agencies under Section 3 of this Act shall undergo
regulatory impact assessment to establish if the proposed regulation does not add undue regulatory
burden and cost to these agencies and the applicants or requesting parties: Provided, That when
necessary, any proposed regulation may undergo pilot implementation to assess regulatory impact.

"Upon effectivity of this Act, all LGUs and NGAs are directed to initiate review of existing policies and
operations and commence with the reengineering of their systems and procedures in compliance
with the provisions of this Act, pending the approval of the implementing rules and regulations (IRR)
thereof."

Section 6. Section 6 of the same Act is hereby amended to read as follows:

"Sec. 6. Citizen’s Charter. – All government agencies including departments, bureaus, offices,
instrumentalities, or government-owned and/or –controlled corporations, or LGUs shall set up their
respective most current and updated service standards to be known as the Citizen’s Chart er in the
form of information billboards which shall be posted at the main entrance of offices or at the most
conspicuous place, in their respective websites and in the form of published materials written either
in English, Filipino, or in the local dialect, that detail:

"(a) A comprehensive and uniform checklist of requirements for each type of application or request;

"(b) The procedure to obtain a particular service;

"(c) The person/s responsible for each step;

"(d) The maximum time to conclude the process;

"(e) The document/s to be presented by the applicant or requesting party, if necessary;

"(f) The amount of fees, if necessary; and

"(g) The procedure for filing complaints."

Section 7. A new Section 7 is hereby inserted after Section 6 of the same Act t o read as follows:

"Sec. 7. Zero-Contact Policy. – Except during the preliminary assessment of the request and
evaluation of sufficiency of submitted requirements, no government officer or employee shall have
any contact, in any manner, unless strictly necessary with any applicant or requesting party
concerning an application or request. Once the Department of Information and Communications
Technology (DICT) has completed a web-based software enabled business registration system that
is acceptable to the public as mandated under Section 26 of this Act, all transactions shall be
coursed through such system. All government agencies including LGUs shall adopt a zero-contact
policy."
Section 8. Section 7 of the same Act is hereby renumbered as Section 8 to read as follows:

"Sec. 8. Accountability of Heads of Offices and Agencies. – The head of the office or agency shall be
primarily responsible for the implementation of this Act and shall be held accountable to the public in
rendering fast, efficient, convenient and reliable service. All transactions and processes are deemed
to have been made with the permission or clearance from the highest authority having jurisdiction
over the government office or agency concerned."

Section 9. Section 8 of the same Act is hereby amended and renumbered as Section 9 to read as
follows:

"Sec. 9. Accessing Government Services. – The following shall adopted by all government offices
and agencies:

"(a) Acceptance of Applications or Requests. –

"(1) All officers or employees shall accept written applications, requests, and/or
documents being submitted by applicants or requesting parties of the offices or
agencies.

"(2) The receiving officer or employee shall perform a preliminary assessment of the
application or request submitted with its supporting documents to ensure a more
expeditious action on the application or request. The receiving officer or employee
shall immediately inform the applicant or requesting party of any deficiency in the
accompanying requirements, which shall be limited to those enumerated in the
Citizen’s Charter.

"(3) The receiving officer or employee shall assign a unique identification number to
an application or request, which shall be the identifying number for all subsequent
transactions between the government and the applicant or requesting party regarding
such specific application or request.

"(4) The receiving officer or employee shall issue an acknowledgement receipt


containing the seal of the agency, the name of the responsible officer or employee,
his/her unit and designation, and the date and time of receipt of such application or
request.

"(b) Action of Offices. –

"(1) All applications or requests submitted shall be acted upon by the assigned officer
or employee within the prescribed processing time stated in the Citizen’s Charter
which shall not be longer than three (3) working days in the case of simple
transactions and seven (7) working days in the case of complex transactions from
the date the request and/or complete application or request was received.

"For applications or requests involving activities which pose danger to public health,
public safety, public morals, public policy, and highly technical application, the
prescribed processing time shall in no case be longer than twenty (20) working days
or as determined by the government agency or instrumentality concerned, whichever
is shorter.
"The maximum time prescribed above may be extended only once for the same
number of days, which shall be indicated in the Citizen’s Charter. Prior to the lapse of
the processing time, the office or agency concerned shall notify the applicant or
requesting party in writing of the reason for the extension and final date of release of
the government service/s requested. Such written notification shall be signed by the
applicant or requesting party to serve as proof of notice.

"If the application or request for license, clearance permit, certification or


authorization shall require the approval of the local Sangguniang
Bayan, Sangguniang Panlungsod, or the Sangguniang Panlalawigan as the case
may be, the Sanggunian concerned shall be given a period of forty-five (45) working
days to act on the application or request, which can be extended for another twenty
(20) working days. If the local Sanggunian concerned has denied the application or
request, the reason for the denial, as well as the remedial measures that may be
taken by the applicant shall be cited by the concerned Sanggunian.

"In cases where the cause of delay is due to force majeure or natural or man-made
disasters, which result to damage or destruction of documents, and/or system failure
of the computerized or automatic processing, the prescribed processing times
mandated in this Act shall be suspended and appropriate adjustments shall be made.

"(2) No application or request shall be returned to the applicant or requesting party


without appropriate action. In case an application or request is disapproved, the
officer or employee who rendered the decision shall send a formal notice to the
applicant or requesting party within the prescribed processing time, stating therein
the reason for the disapproval. A finding by a competent authority of a violation of
any or other laws by the applicant or requesting party shall constitute a valid ground
for the disapproval of the application or request, without prejudice to other grounds
provided in this Act or other pertinent laws.

"(c) Denial of Application or Request for Access to Government Service. – Any denial of
application or request for access to government service shall be fully explained in writing,
stating the name of the person making the denial and the grounds upon which such denial is
based. Any denial of application or request is deemed to have been made with the
permission or clearance from the highest authority having jurisdiction over the government
office or agency concerned.

"(d) Limitation of Signatories – The number of signatories in any document shall be limited to
a maximum of three (3) signatures which shall represent officers directly supervising the
office or agency concerned: Provided, That in case the authorized signatory is on official
business or official leave, an alternate shall be designated as signatory. Elect ronic signatures
or pre-signed license, clearance, permit, certification or authorization with adequate security
and control mechanism may be used.

"(e) Electronic Versions of Licenses, Clearances, Permits, Certifications or Authorizations. –


All government agencies covered under Section 3 of this Act shall, when applicable, develop
electronic versions of licenses, clearances, permits, certifications or authorizations with the
same level of authority as that of the signed hard copy, which may be printed by the
applicants or requesting parties in the convenience of their offices.

"(f) Adoption of Working Schedules to Serve Applicants or Requesting Parties. – Heads of


offices and agencies which render government services shall adopt appropriate working
schedules to ensure that all applicants or requesting parties who are within their premises
prior to the end of official working hours are attended to and served even during lunch break
and after regular working hours.

"(g) Identification Card. – All employees transacting with the public shall be provided with an
official identification card which shall be visibly worn during office hours.

"(h) Establishment of Public Assistance/Complaints Desk. – Each office or agency shall


establish a public assistance/complaints desk in all their offices."

Section 10. Section 9 of the same Act is hereby amended and renumbered as Section 10 to read as
follows:

"Sec. 10. Automatic Approval or Automatic Extension of License, Clearance, Permit, Certification or
Authorization. – If a government office or agency fails to approve or disapprove an original
application or request for issuance of license, clearance, permit, certification or authorization within
the prescribed processing time, said application or request shall be deemed
approved: Provided, That all required documents have been submitted and all required fees and
charges have been paid. The acknowledgment receipt together with the official receipt for payment
of all required fees issued to the applicant or requesting party shall be enough proof or has the same
force and effect of a license, clearance, permit, certification or authorization under this automatic
approval mechanism.

"if a government office or agency fails to act on an application or request for renewal of a license,
clearance, permit, certification or authorization subject for renewal within the prescribed processing
time, said license, clearance, permit, certification or authorization shall automatically be
extended: Provided, That the Authority, in coordination with the Civil Service Commission (CSC),
Department of Trade and Industry (DTI), Securities and Exchange Commission (SEC), Department
of the Interior and Local Government (DILG) and other agencies which shall formulate the IRR of
this Act, shall provide a listing of simple, complex, highly technical applications, and activities which
pose danger to public health, public safety, public morals or to public policy."

Section 11. New sections to be numbered as Sections 11, 12, 13, 14, 15, 16, 17, 18 and 19 are
herby inserted after Section 9 of the same Act, to read as follows:

"Sec. 11. Streamlined Procedures for the Issuance of Local Business Licenses, Clearances,
Permits, Certifications or Authorizations. – The LGUs are mandated to implement the following
revised guidelines in the issuance of business licenses, clearances, permits, certifications or
authorizations:

"(a) A single or unified business application form shall be used in processing new
applications for business permits and business renewals whic h consolidates all the
information of the applicant or requesting party by various local government departments,
such as, but not limited to, the local taxes and clearances, building clearance, sanitary
permit, zoning clearance, and other specific LGU requirements, as the case may be,
including the fire clearance from the Bureau of Fire Protection (BFP). The unified form shall
be made available online using technology-neutral platforms such as, but not limited to, the
central business portal or the city/municipality’s website and various channels for
dissemination. Hard copies of the unified forms shall likewise be made available at all times
in designated areas of the concerned office and/or agency.
"(b) A one-stop business facilitation service, hereinafter referred to as the business one stop
shop, (BOSS) for the city/municipality’s business permitting and licensing system to receive
and process manual and/or electronic submission of application for license, clearance,
permit, certification or authorization shall be established within the
cities/municipalities’ Negosyo Center as provided for under Republic Act No. 10644,
otherwise known as the "Go Negosyo Act." There shall be a queuing mechanism in the
BOSS to better manage the flow of applications among the LGUs’ departments receiving and
processing applications. LGUs shall implement collocation of the offices of the treasury,
business permits and licensing office, zoning office, including the BFP, and other relevant
city/municipality offices/departments, among others, engaged in starting a business, dealing
with construction permits.

"(c) Cities/Municipalities are mandated to automate their business permitting and licensing
system or set up an electronic BOSS within a period of three (3) years upon the effec tivity of
this Act for a more efficient business registration processes. Cities/Municipalities with
electronic BOSS shall develop electronic versions of licenses, clearances, permits,
certifications or authorizations with the same level of authority, which may be printed by
businesses in the convenience of their offices. The DICT shall make available to LGUs the
software for the computerization of the business permit and licensing system. The DICT,
DTI, and DILG, shall provide technical assistance in the planning and implementation of a
computerized or software-enabled business permitting and licensing system.

"(d) To lessen the transaction requirements, other local clearances such as, but not limited
to, sanitary permits, environmental and agricultural clearances shall be issued together with
the business permit.

"(e) Business permits shall be valid for a period of one (1) year. The city/municipality may
have the option to renew business permits within the first month of the year or on the
anniversary date of the issuance of the business permit.

"(f) Barangay clearances and permits related to doing business shall be applied, issued, and
collected at the city/municipality in accordance with the prescribed processing time of this
Act: Provided, That the share in the collections shall be remitted to the respective barangays.

"The pertinent provisions of Republic Act No. 7160, otherwise known as "The Local Government
Code of 1991", specifically Article IV, Section 152(c) is hereby amended accordingly."

"Sec. 12. Sreamlined Procedures for Securing Fire Safety Evaluation Clearance (FSEC), Fire Safety
Inspection Certificate (FSIC), and Certification of Fire Incidents for Fire Insurance. - For the issuance
of FSEC, FSIC, and certification of fire incidents, the following shall be adopted to make business
permitting more efficient:

"(a) Issuance of FSEC and FSIC shall in no case be longer than seven (7) working days;

"(b) For new business permit application, the FSIC already issued during the occupancy
permit stage shall be sufficient as basis for the issuance of the FSIC for a business entity as
a requirement for the business permit;

"(c) For renewal of business permit, the BFP shall, within three (3) working days from
application, present the FSIC to the city/municipality, either thru the copy of the FSIC or the
negative/positive list: Provided, That the business entity shall inform the BFP and submit the
necessary documentary requirements if renovations, modifications or any form of alterations
are made to the original building structure thirty (30) working days before the expiration of
the business permit;

"(d) If the BFP fails to furnish the city/municipality with an FSIC or to inform the same through
the negative/positive list within three (3) working days from the application of business
renewal, the business entity shall be deemed to have a temporary valid FSIC and, therefore,
shall serve as the basis for the automatic renewal of the business permit;

"(e) Issuance of the certification of fire incident for fire insurance purposes shall in no case
be longer than twenty (20) working days, and may be extended only once for another twenty
(20) working days;

"(f) The BFP or any of its officials or employees shall not sell, offer to sell, or recommend
specific brands of fire extinguishers and other fire safety equipment to any applicant or
requesting party or business entity. Any violation thereof shall be punishable by
imprisonment of one (1) year to six (6) years and a penalty of not less than Five hundred
thousand pesos (P500,000.00), but not more than Two million pesos (P2,000,000.00);

"(g) The BFP shall collocate with the BOSS or in an appropriate area designated by the
city/municipality within its premises to assess and collect the fire safety inspection fees;

"(h) The BFP may enter into agreements with cities/municipalities, allowing the latter to be
deputized as assessors and/or collecting agents for the fire safety inspection fees; and

"(i) The BFP shall develop and adopt an online or electronic mechanism in assessing fees,
collecting/accepting payments and sharing/exchange of other relevant data on business
permit processing.

"The pertinent provisions of Republic Act No. 9514, otherwise known as the "Revised Fire Code of
the Philippines of 2008", are herby amended accordingly."

"Sec. 13. Central Business Portal (CBP). – To eliminate bureaucratic red tape, avert graft and
corrupt practices and to promote transparency and sustain ease of doing business, the DICT shall
be primarily responsible in establishing, operating and maintaining a CBP or other similar
technology, as the DICT may prescribe.

"The CBP shall serve as a central system to receive applications and capture application data
involving business-related transactions, including primary and secondary licenses, and business
clearances, permits, certifications, or authorizations issued by the LGUs: Provided, That the CBP
may also provide links to the online registration or application systems establis hed by NGAs.

"The DICT, upon consultation with the National Privacy Commission (NPC), NGAs and LGUs shall
issue rules and guidelines on the following: (a) the establishment, operation and maintenance of the
CBP; and (b) the use of electronic signatures.

"The DICT is hereby mandated to implement an Interconnectivity Infrastructure Development


Program for interconnectivity between and among NGAs and LGUs.

"The DICT, in coordination with other concerned NGAs and LGUs shall also conduct information
dissemination campaigns aimed towards raising public awareness on the existence of the CBP and
the improved access to and effective utilization of the program."
"Sec. 14. Philippine Business Databank (PBD). – Within a period of one (1) year from the effectivity
of this Act, the DICT, in coordination with the concerned agencies, shall established, manage and
maintain a 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. All concerned NGAs and LGUs shall either link their own
database with the system or periodically submit to the system updates relevant to the information
registered with them.

"The DICT, in consultation with the DTI, SEC, Cooperative Development Authority (CDA), NPC,
DILG, LGUs, and other concerned agencies, shall issue the IRR on the development management,
operation and maintenance of the PBD within three (3) months from the effectivity of this Act.

"Documents already submitted by an applicant or requesting party to an agency which has access to
the PBD shall no longer be required by other NGAs and LGUs having the same access. Documents
or information shall be crosschecked and retrieved in the PBD.

"At the local government level, the city or municipal business process and licensing office shall not
require the same documents already provided by an applicant or requesting party to the local
government departments in connection with other business-related licenses, clearances, permits,
certifications or authorizations such as, but not limited to, tax clearance, occupancy permit and
barangay clearance."

"Sec. 15. Interconnectivity Infrastructure Development. – In order to expedite the processing of


licenses, clearances, permits, certifications or authorizations, the Authority, together with the DICT,
shall develop a fast and reliable interconnectivity infrastructure. In relation to this, the processing and
approval or licenses, clearances, permits, certifications or authorizations for the installation and
operation of telecommunication, broadcast towers, facilities, equipment and service shall be:

"(a) a total of seven (7) working days for those issued by the barangay;

"(b) a total of seven (7) working days for those issued by LGUs; and

"(c) seven (7) working days for those issued by NGAs.

"If the granting authority fails to approve or disapprove an application for a license, clearance,
permit, certification or authorization within the prescribed processing time, said application shall be
deemed approved: Provided, That when the approval of the appropriate local legislative body is
necessary, a nonextendible period of twenty (20) working days is hereby prescribed.

"For homeowners and other community clearances, the officers of the homeowners association shall
be given ten (10) working days to refer the application to the members of the association pursuant to
Section 10(k) of Republic Act No. 9904, otherwise known as the "Magna Carta for Homeowners and
Homeowners Associations": Provided, That a nonextendible period of thirty (30) working days is
granted the homeowners association to give its consent or disapproval: Provided, further, That in
case of disapproval, the granting authority shall notify the applicant or requesting party within the
prescribed period of the reason/s for disapproval as well as remedial measures that may be taken by
the applicant or requesting party.

"Within three (3) months upon the approval of the IRR of this Act, the Authority, in coordination with
the DICT, shall review and recommend the repeal of outdated, redundant and unnecessary licenses,
clearances, permits, certifications or authorizations being required by NGAs, LGUs, and private
entities."
"Sec. 16. Anti-Red Tape Unit in the Civil Service Commission (CSC). – The CSC shall maintain an
anti-red tape unit in its central and all its regional offices, utilize Report Card Survey findings for
purposive and integrated government-wide human resource systems and programs toward efficient
delivery of government service as contemplated in this Act; and receive, review, hear, and decide on
complaints on erring government employees and officials and noncompliance with the provisions of
this Act."

"Sec. 17. Anti-Red Tape Authority. – To ensure the attainment of the objectives of this Act, there is
hereby created the Anti-Red Tape Authority, herein referred to as the Authority, which shall be
organized within six (6) months after the effectivity of this Act. The authority shall be attached to the
Office of the President.

"The Authority shall have the following powers and functions:

"(a) Implement and oversee a national policy on anti-red tape and ease of doing business;

"(b) Implement various ease of doing business and anti-red tape reform initiatives aimed at
improving the ranking of the Philippines;

"(c) Monitor and evaluate the compliance of agencies covered under Section 3 of this Act,
and issue notice of warning to erring and/or noncomplying government employees or
officials;

"(d) Initiate investigation, motu proprio or upon receipt of a complaint, refer the same to the
appropriate agency, or file cases for violations of this Act;

"(e) Assist complainants in filing necessary cases with the CSC, the Ombudsman and other
appropriate courts, as the case may be;

"(f) Recommend policies, processes and systems to improve regulatory management to


increase the productivity, efficiency, and effectiveness of business permitting and licensing
agencies;

"(g) Review proposed major regulations of government agencies, using submitted regulatory
impact assessments, subject to proportionality rules to be determined by the Authority;

"(h) Conduct regulatory management training programs to capacitate NGAs and LGUs to
comply with sound regulatory management practices;

"(i) Prepare, in consultation with the appropriate agencies, regulatory management manuals
for all government agencies and/or instrumentalities and LGUs;

"(j) Provide technical assistance and advisory opinions in the review of proposed national or
local legislation, regulations or procedures;

"(k) Ensure the dissemination of and public access to information on regulatory management
system and changes in laws and regulations relevant to the public by establishing the
Philippine Business Regulations Information System;

"(l) Enlist the assistance of the CSC, DTI and other government agencies in the
implementation of its powers and functions provided for in this Act; and
"(m) Perform such acts as may be necessary to attain the objectives of this Act."

"Sec. 18. Composition of the Authority.- The Authority shall be headed by a Director General to be
appointed by the President of the Philippines upon effectivity of this Act, and such appointment shall
be coterminous with the tenure of the President of the Philippines. The Director General shall enjoy
the benefits, privileges, and emoluments equivalent to the rank of Secretary.

"The Director General shall oversee the day-to-day operations of the Authority. He/She shall be
assisted by three (3) Deputy Directors General each for legal, operations, and administration and
finance: Provided, That they are career officials as defined in existing laws, rules and regulations.
The Deputy Directors General shall enjoy the benefits, privileges, and emoluments equivalent to the
rank of Undersecretary and shall likewise be appointed by the President of the Philippines.

"The Director General of the Authority, in consultation with the CSC, DTI and the Department of
Budget and Management (DBM), shall determine the organizational structures including regional or
field offices, qualification standards, staffing pattern and compensation of the newly created
Authority in accordance with existing laws, rules and regulations: Provided, That in the absence of
regional or field offices, the Authority may deputize the regional personnel of the DTI to perform its
powers and functions."

"Sec. 19. Ease of Doing Business and Anti-Red Tape Advisory Council.- There is hereby created an
Ease of Doing Business and Anti-Red Tape Advisory Council, herein referred to as the Council. It
shall be composed of the Secretary of the DTI as Chairperson, the Director General of the Authority
as Vice-Chairperson, the Secretaries of the DICT, DILG and Department of Finance (DOF), and two
(2) representatives from the private sector as the members. The department secretaries may
designate their representatives, who shall sit in a permanent capacity, with no less than
Undersecretary in rank, and their acts shall be considered the acts of their principals. The private
sector representatives shall be appointed by the President of the Philippines for a term of three (3)
years, and may be reappointed only once, from the nominees submitted by reput able business
groups or associations.

"The Council shall be the policy and advisory body to the Authority. The Council shall formulate
policies and programs that will continuously enhance and improve the country’s competitiveness and
ease of doing business. Towards this end, the Council shall have the following powers and
functions:

"(a) Plan, draft and propose a national policy on ease of doing business and anti-red tape;

"(b) Recommend policies, processes and systems to improve regulatory management to


increase the productivity, efficiency, and effectiveness of permitting and licensing agencies;

"(c) Design and identify systems that will continuously enhance and improve the delivery of
services in government and ease of doing business in the country;

"(d) Authorize the creation or appointment of specific working groups or task forces in aid of
the implementation of this Act;

"(e) Propose legislation, amendments or modifications to Philippine laws related to anti -red
tape and ease of doing business;
"(f) Periodically review and assess the country’s competitiveness performance, challenges,
and issues;

"(g) Provide technical assistance and advisory opinions in the review of proposed national or
local legislation, regulations, or procedures;

"(h) Recommend to the Authority the issuance of the appropriate measures to promote
transparency and efficiency in business practices and delivery of services in government;
and

"(i) Perform such other functions as may be necessary or as may be directed by the
President of the Philippines for the successful implementation to attain the objectives of this
Act.

"The Authority shall serve as Secretariat to the Council to be headed by its Deputy Director General
for operations.

"The National Competitiveness Council (NCC), created under Executive Order No. 44, Series of
2011, shall be renamed and reorganized as the Council. The pertinent provisions under the following
presidential orders: Executive Order No. 571, Executive Order No. 44, and Administrative Order No.
38 are hereby repealed accordingly."

Section 12. Section 10 of the same Act is hereby amended and renumbered as Section 20 to read
as follows:

"Sec. 20. Report Card Survey. – All offices and agencies providing government services shall be
subjected to a Report Card Survey to be initiated by the Authority, in coordination with the CSC, and
the Philippine Statistics Authority (PSA), which shall be used to obtain feedback on how provisions
of this Act are being followed and how the agency is performing.

"The Report Card Survey shall also be used to obtain information and/or estimates of hidden costs
incurred by applicants or requesting parties to access governments services which may include, but
is not limited to, bribes and payment to fixers. The result of the survey shall also become basis for
the grant of awards, recognition and/or incentives for excellent delivery of services in all government
agencies.

"A feedback mechanism shall be established in all agencies covered by this Act and the results
thereof shall be incorporated in their annual report."

Section 13. Sections 11 and 12 of the same Act are hereby deleted, and replaced with new sections
to be numbered as Sections 21 and 22, to read as follows:

"Sec. 21. Violations and Persons Liable. – Any person who performs or cause the performance of
the following acts shall be liable:

"(a) Refusal to accept application or request with complete requirements being submitted by
an applicant or requesting party without due cause;

"(b) Imposition of additional requirements other than those listed in the Citizen’s Charter;

"(c) Imposition of additional costs not reflected in the Citizen’s Charter;


"(d) Failure to give the applicant or requesting party a written notice on the disapproval of an
application or request;

"(e) Failure to render government services within the prescribed processing time on any
application or request without due cause;

"(f) Failure to attend to applicants or requesting parties who are within the premises of the
office or agency concerned prior to the end of official working hours and during lunch break;

"(g) Failure or refusal to issue official receipts; and

"(h) Fixing and/or collusion with fixers in consideration of economic and/or other gain or
advantage."

"Sec. 22. Penalties and Liabilities. – Any violations of the preceding actions will warrant the following
penalties and liabilities.
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"(a) First Offense: Administrative liability with six (6) months suspension: Provided,
however, That in the case of fixing and/or collusion with fixers under Section 21(h), the
penalty and liability under Section 22(b) of this Act shall apply.

"(b) Second Offense: Administrative liability and criminal liability of dismissal from the
service, 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 less than Five
hundred thousand pesos (P500,000.00), but not more than Two million pesos
(P2,000,000.00).

"Criminal liability shall also be incurred through the commission of bribery, extortion, or when the
violation was done deliberately and maliciously to solicit favor in cash or in kind. In such cases, the
pertinent provisions of the Revised Penal Code and other special laws shall apply."

Section 14. Section 13 of the same Act is hereby renumbered as Section 23 to read as follows:

"Sec. 23. Civil and Criminal Liability, Not Barred.- The finding of administrative liability under this Act
shall not be a bar to the filing of criminal, civil or other related charges under existing laws arising
from the same act or omission as herein enumerated."

Section 15. Section 14 of the same Act is hereby amended and renumbered as Section 24 to read
as follows:

"Sec. 24. Administrative Jurisdiction. – The administrative jurisdiction on any violation of the
provisions of this Act shall be vested in either the CSC, or the Office of the Ombudsman as
determined by appropriate laws and issuances."

Section 16. Section 15 of the same Act is hereby renumbered as Section 25, and all succeeding
sections of the same Act are hereby deleted.

"Sec. 25. Immunity, Discharge of Co-Respondent/Accused to be a Witness. – Any public official or


employee or any person having been charged with another offense under t his Act and who
voluntarily gives information pertaining to an investigation or who willingly testifies therefore, shall be
exempt from prosecution in the case/s where his/her information and testimony are given. The
discharge may be granted and directed by the investigating body or court upon the application or
petition of any of the respondent/accused-informant and before the termination of the
investigation: Provided, That:

"(a) There is absolute necessity for the testimony of the respondent/accused-informant


whose discharge is requested;

"(b) There is no other direct evidence available for the proper prosecution of the offense
committed, except the testimony of said respondent/accused-informant;

"(c) The testimony of said respondent can be substantially corroborated in its material points;

"(d) The respondent/accused-informant has not been previously convicted of a crime


involving moral turpitude; and

"(e) Said respondent/accused-informant does not appear to be the most guilty.

"Evidence adduced in support of the discharge shall automatically form part of the records of the
investigation. Should the investigating body or court deny the motion or request for discharge as a
witness, his/her sworn statement shall be inadmissible as evidence."

Section 17. New sections to be numbered as Sections 26, 27, 28, 29, 30, 31, 32 and 33 are hereby
inserted after Section 15 of the same Act to read as follows:

"Sec. 26. Transition from Manual to Software-Enabled Business-Related Transactions. – The DICT,
in coordination with other concerned agencies, shall within three (3) years after the effectivity of this
Act, automate business-related transactions by developing the necessary software and technology-
neutral platforms and secure infrastructure that is web-based and accessible to the public. The DICT
shall ensure that all municipalities and provinces classified as third (3 rd), fourth (4th), fifth (5th) and
sixth (6th) class are provided with appropriate equipment and connectivity, information and
communications technology platform, training and capability building to ensure the LGUs compliance
with this Act."

"Sec. 27. Transitory Provisions. –

"(a) The Director General of the Authority, in consultation with the DTI, shall determine the
organizational structure and personnel complement of the Authority. To ensure continued
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implementation of ease of doing business and anti-red tape reforms, the teams or units involved in
regulatory improvement and/or ease of doing business-related programs of the DTI-Competitiveness
Bureau shall serve as temporary secretariat of the Authority until such time that its organizational
structure and personnel complement have been determined and filled up: Provided, That the staff of
the DTI-Competitiveness Bureau shall have the option to be absorbed or transferred laterally to the
Authority without diminution of their rank, position, salaries and other emoluments once the staffing
pattern and plantilla position of the Authority has been approved.

"(b) All regulatory management programs and anti-red tape initiatives across government agencies
shall be gathered by the Authority. The DTI, CDA, NCC, DOF, Development Academy of the
Philippines (DAP), and National Economic and Development Authority (NEDA) shall submit to the
Authority a report on the status of their respective projects related to regulatory management.
"(c) The Authority, in coordination with CSC and the Council, shall conduct an information
dissemination campaign in all NGAs and LGUs to inform them of this Act amending Republic Act No.
9485, otherwise known as the Anti-Red Tape Act of 2007."

"Sec. 28. Congressional Oversight Committee. – To monitor the implementation of this Act, there
shall be created a Congressional Oversight Committee on Ease of Doing Business (COC-EODB), to
be composed of five (5) members from the Senate, which shall include the Chairpersons of the
Senate Committees on Trade and Commerce and Entrepreneurship, Civil Service, Government
Reorganization and Professional Regulation, and Economic Affairs; and five (5) members from the
House of Representatives which shall include the Chairpersons of the House Committees on Trade
and Industry, Civil Service and Professional Regulation, Government Reorganization, and Economic
Affairs. The COC-EODB shall be jointly chaired by the Chairpersons of the Senate Committee on
Trade and Commerce and Entrepreneurship and the House of Representatives Committee on Trade
and Industry: Provided, That the oversight committee shall cease to exist after five (5) years upon
the effectivity of this Act.

"The Secretariat of the COC-EODB shall be drawn from the existing personnel of the Senate and
House of Representatives committees comprising the COC-EODB."

"Sec. 29. Appropriations. – The amount necessary to carry out the provisions of this Act shall be
charged against the current year’s appropriations of the concerned agencies. In addition, the amount
of Three hundred million pesos (P300,000,000.00) as initial funding for the Authority to be charged
against the unexpended Contingency Fund of the Office of the President is hereby appropriated.
Thereafter, the amount needed for the implementation of this Act shall be included in the annual
General Appropriations Act."

"Sec. 30. Implementing Rules and Regulations. – The Authority with the CSC and DTI, and in
coordination with the DICT, DOF, DILG, NEDA, PSA, CDA, SEC, the Office of the Ombudsman,
Housing and Land Use Regulatory Board (HLURB) and the Union of Local Authorities of the
Philippines (ULAP), shall promulgate the necessary rules and regulations within ninety (90) working
days from the effectivity of this Act."

"Sec. 31. Separability Clause. – If any provision of this Act shall be declared invalid or
unconstitutional, such declaration shall not affect the validity of the remaining provisions of this Act."

"Sec. 32. Repealing Clause. – All provisions of laws, presidential decrees, letters of instruction and
other presidential issuances which are incompatible or inconsistent with the provisions of this Act are
hereby deemed amended or repealed accordingly."

"Sec. 33. Effectivity. – This Act shall take effect within fifteen (15) days following its publication in
the Official Gazette or in two (2) national newspapers of general circulation."

Section 18. Effectivity. – This Act shall take effect fifteen (15) days after its publication in the Official
Gazette or in two (2) newspapers of general circulation.

Approved,

PANTALEON D. ALVAREZ
Speaker of the House
of Representatives
AQUILINO "KOKO" PIMENTEL III
President of the Senate

This Act which is a consolidation of Senate Bill No. 1311 and House Bill No. 6579 was finally passed
by the Senate and the House of Representatives on February 21, 2018 and February 27, 2018,
respectively.

CESAR STRAIT PAREJA


Secretary General
House of Representatives

LUTGARDO B. BARBO
Secretary of the Senate

Approved: May 28, 2018

RODRIGO ROA DUTERTE


President of the Philippines

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