The Anti-Red Tape Act

(ARTA)

Dr. Avelina Polis-Tupa

EPS
SDO Calbayog City
The Anti Red Tape Act

 REPUBLIC ACT No. 9485 (The Anti-Red Tape Act of 2007)

 REPUBLIC ACT No. 11032 (Ease of Doing Business and Efficient
Government Service Delivery Act of 2018)
 enacted to improve efficiency in the delivery of government service to
the public by reducing bureaucratic red tape and preventing graft and
corruption.
 POLICY: 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 each agency with regard to the
manner of transacting with the public, which shall encompass a program
for the adoption of simplified procedures that will reduce red tape and
expedite transactions in government.
 Definition of Terms

 “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
 BUSINESS RELATED TRANSACTION – 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.
 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.
 Definition of Terms

 HIGHLY TECHNICAL APPLICATION – an application which requires the use of

technical knowledge, specialized skills and/or training in the processing and/or
evaluation thereof.
 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.
 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 documents approving or disapproving an application
or request.
 Definition of Terms

 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.
 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.
 IRRELEVANT REQUIRMENT refer to any document or performance of an act not directly
material to the resolution of the issues raised in the request or needed in the application
submitted by the client.
 FIXER refers to 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.
 Definition of Terms

 SIMPLE TRANSACTION refer to requests or applications submitted by clients 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 office.
 COMPLEX TRANSACTION refer to requests or applications submitted by clients of a
government office which necessitate the use of discretion in the resolution of
complicated issues by an officer or employee of said government office, such transaction
to be determined by the office concerned.
 FRONTLINE SERVICES refers to the process or transaction between clients and government
offices or agencies involving applications for any privilege, right, permit, reward, license,
concession, or for any modification, renewal or extension of the enumerated applications
and/or requests which are acted upon in the ordinary course of business of the agency or
office concerned.
 The Citizen’s Charter
 All government agencies shall set up their respective most current and updated service
standards 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
"(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."
Action of Offices

The maximum processing time imposed by the law are as follows:

 three (3) working days for simple transactions,
 seven (7) working days for complex transactions,
 20 working days for highly technical applications or those that pose
a danger to public health, public safety, public morals, or public
policy.
Action of Offices

 No application or request shall be returned to the applicant or requesting party

without appropriate action
 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
 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. Electronic
signatures or pre-signed license, clearance, permit, certification or authorization
with adequate security and control mechanism may be used
 Creation of Business One Stop Shop (BOSS)
Action of Offices

 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.
 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.
 All employees transacting with the public shall be provided with an official
identification card which shall be visibly worn during office hours
 Each office or agency shall establish a public assistance/complaints desk in all
their offices