Week 12 BSAAIS Syllabus
Week 12 BSAAIS Syllabus
Week 12 BSAAIS Syllabus
a. Policy – (Sec. 2)
- Policy raw ng State na i-promote yung integrity, accountability, proper
management of public property as well as mag-establish ng effective
practices na naglalayon na pabilisin yung pagbibigay nang serbisyo ng
gobyerno at maiwasan yung pagkakaroon ng graft and corruption sa
gobyerno. Yung State rin daw ay dapat i-maintain yung honesty at
responsibility among its public officials and employees, at maglatag ng
mga measures to promote transparency sa kada ahensya ng gobyerno na
nakikipagtransaksyon sa publiko, at magkaroon ng simplied requirements
and procedure na makapagbababa sa red tape at gastos.
c. Coverage
- Yung act nag-a-apply siya sa lahat ng government offices and agencies
kasama na yung local government units (LGUs), government-owned or
controlled corporations and other government instrumentalities, na
located sa Pilipinas pati na rin sa abroad, na nagp-provide ng services
covering business and nonbusiness related transactions na dinefine sa Act
na ito.
- "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deemed outdated, redundant, and adds undue regulatory burden to the transacting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."
"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.
(a) Isa lang yung gagamiting application form for new business permits and
renewals. A single or unified business application form shall be used in processing
new applications for business permits and business renewals which 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) Yung BOSS or business one-stop shop na service under Go Negoasyo Act ay
dapat ma-implement para mapadali yung pag-receive and pag-process ng
applications for business license, permits, clearances, certifications, or
authorizations. Pwede itong mag-receive ng manual and electronic
applications. Yung LGU ay required na i-implement yung collocation ng
different departments, tulad ng treasury, business permits and licensing office,
zoning office, and BFP, para mapadali yung process nang pagsisimula ng
negosyo at pagkuha ng construction permits. 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.
(d) I-issue na yung mga other permits like sanitary, agricultural or environmental
clearances and such kasabay ng business permit. 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."
(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;
(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."
"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."
(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;
"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."
2. Labor Law
a. Labor Standards
i. Coverage – (Art. 82)
- Nag-a-apply siya sa lahat ng employees ng all establishments whether for
profit or not, pero hindi kasama yung mga government employees,
managerial employees, field personnel, members ng family ng employer
na dependent sa kaniya, domestic helper, persons in the personal service
of another, and workers who are paid by results as determined by the
Secretary of Labor in appropriate regulations.
- Yung managerial employees ay yung mga employee na yung primary
duty ay management ng establishment kung saan sila employed or of a
department or subdivision, and to other officers or members of the
managerial staff.
- Field personnel sila yung non-agricultural employees na yung duties nila
ay ginagawa nila malayo sa principal place ng business or branch office ng
employer and yung actual hours of work nila ay hindi ma-determine with
reasonable certainty.
vii. Leaves
- Solo Parents’ Welfare Act, for Parental leave
- Anti-Violence Against Women and their Children Act of 2004, for battered
Woman Leave, yung mga victims ay mayrooong paid leaves of absence ng
hanggang 10 days.
- Under Magna carta of Women naman, nag-grant ito ng special leave
benefit na 2 months with full pay after ng surgery caused by gynecological
disorders
viii. Service Incentive Leave – (Art. 95)
- Lahat ng employee na nakapagtrabaho ng at least 1 year ay entitled sa
yearly service incentive leave na 5 day with pay.
- (b) This provision shall not apply to those who are already enjoying the
benefit herein provided, those enjoying vacation leave with pay of at least
five days and those employed in establishments regularly employing less
than ten employees or in establishments exempted from granting this
benefit by the Secretary of Labor and Employment after considering the
viability or financial condition of such establishment.
- (c) The grant of benefit in excess of that provided herein shall not be made
a subject of arbitration or any court or administrative action.
(1) That the female worker shall have notified her employer of her pregnancy and
the probable date of her childbirth, which notice shall be transmitted to the
SSS in accordance with the rules and regulations it may provide;
(2) That the full payment shall be advanced by the employer within thirty (30)
days from the filing of the maternity leave application;
(3) That payment of daily maternity benefits shall be a bar to the recovery of
sickness benefits provided under Republic Act No. 1161, as amended, for the
same period for which daily maternity benefits have been received;
(4) That the SSS shall immediately reimburse the employer of one hundred
percent (100%) of the amount of maternity benefits advanced to the female
worker by the employer upon receipt of satisfactory and legal proof of such
payment; and
(5) That if a female worker should give birth or suffer a miscarriage or emergency
termination of pregnancy without the required contributions having been
remitted for her by her employer to the SSS, or without the latter having been
previously notified by the employer of the time of the pregnancy, the
employer shall pay to the SSS damages equivalent to the benefits which said
female member would otherwise have been entitled to.