ANTI – RED TAPE

ACT OF 2007

Department of Health, Philippines

WHAT IS ARTA?

An Act to IMPROVE EFFICIENCY in the delivery of

government service to the PUBLIC by REDUCING
BUREAUCRATIC RED TAPE, preventing graft and
corruption, and providing penalties thereof.
COVERAGE

All government offices and agencies including local

government units and government-owned and controlled
corporations with or without original charter that provide
frontline services
EXEMPTION

Those performing judicial, quasi-judicial and legislative

functions are excluded from coverage but their respective
frontline services are included (Section 3, RA 9485)
DEFINITION OF TERMS
● ACTION ● IRRELEVEANT REQUIREMENTS

● COMPLEX TRANSACTIONS ● OFFICER OR EMPLOYEE

● FIXER ● PUBLISHED MATERIALS

● FIXING ● SIMPLE TRANSACTIONS

● FRONTLINE SERVICE
ACTION
o Written approval or disapproval made by a government office or agency on
the application or request submitted by a client for processing.

COMPLEX TRANSACTIONS

o 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
FIXER
o 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.
FIXING
o Act that involves undue facilitation of transactions for pecuniary gain or
other advantage.
FRONTLINE SERVICE

o 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 request which are acted upon in the ordinary course of
business of the agency or office concerned.
IRRELEVANT REQUIREMENT
o 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.

OFFICER OR EMPLOYEE
o Person employed in a government office or agency required to perform
specific duties and responsibilities related to the application or request
submitted by a client for processing.
PUBLISHED MATERIALS
o Printed, computer-generated, or photocopied materials, and procedural
manuals/flowcharts, made available to the public or uploaded in the official
government websites, containing the basic information on accessing the
frontline services.
SIMPLE TRANSACTIONS
o 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 .
Responsibilities under RA 9485
SIGNATURES
o Maximum of 5 signatories

In the absence of the regular signatory:

o If there is only one official next in rank, he/she shall automatically be the signatory

o If there are 2 or more officials next in rank, the appropriate office order shall prescribe the order
of priority among the officials next in rank within the same organizational unit

o If there is no official next in rank present and available, the head of the department, office or
agency shall designate an officer-in-charge from among the next lower rank in the same unit.
CITIZEN’S CHARTER (Section 6)
o An official document, a service standard, or a pledge, that communicates
information on the services provided by the concerned government agency
to the public

o Shall be in the form of billboards or published materials written either in

English, Filipino or in the local dialect
o Offices must device appropriate
working schedules to attend to and
serve clients who are within their
premises prior to the end of official
working hours and even during lunch
break and after regular hours
 In lieu of ID cards,
nameplates are valid

ID/NAMEPLATE
S
Must be easy to
Should be worn read by the
during office hours CLIENTS
 12to know
Things
about
the
EODB EDGS
Department of Health, Philippines
The law requires the
adoption of simplified

1
requirements and procedures
that will reduce red tape and
expedite business and non-
business related transactions
in government.
SEC. 4. | DEFINITION OF TERMS
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.

Nonbusiness Transactions - all other government transactions not falling under Section 4 (c) of this
Act.

Government Services – is 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, 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
SEC. 5. | REENGINEERING OF SYSTEMS AND
PROCEDURES
All agencies which provide government services are hereby
mandated to regularly:

 Undertake cost compliance analysis and time and motion studies;

 Undergo evaluation and improvement of their transaction systems and

procedures; and

 Reengineer to reduce bureaucratic red tape and processing time.

SEC. 5. | REENGINEERING OF SYSTEMS AND
PROCEDURES
Upon effectivity of the law, pending the approval of the
implementing rules and regulations, LGUs and NGAs are directed
to:

 initiate review of existing policies and operations

 commence with the reengineering of systems and procedures

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.
The law applies to all
government offices and
2
agencies, including LGUs
and GOCCs, whether
located in the Philippines
or abroad.
3
Under the new law, red
tape is now defined as any
procedure that is
ineffective or detrimental
in achieving intended
results and negatively
affect social outcomes
4
Government agencies are
required to post their most
recent Citizen’s Charter
through their information
billboards and websites
SEC. 6. | CITIZEN’S CHARTER
All government agencies shall set up their respective most current and updated
service standards to be known as the Citizen's Charter

Location of posting:

 main entrance of offices or at the most conspicuous place;

 in their respective websites; and

 published materials written either in English, Filipino, or in the local dialect

The zero-contact
policy shall be adopted
in preliminary
5
assessment of requests
and evaluation of
submitted
requirements
SEC. 7. | ZERO CONTACT POLICY

All government agencies including local government units (LGUs)

shall adopt a zero-contact policy

No government officer or employee shall have any contact with any

applicant or requesting party unless strictly necessary, except:

 during the preliminary assessment of the request; and

 evaluation of sufficiency of submitted requirements.
6
Assigned officers or employees shall
follow specific processing times for
client transactions.

Failure to do so may result to

suspension, dismissal, or permanent
disqualification from public service.
SEC. 4. | DEFINITION OF TERMS
Simple Transactions – the 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 office.

Complex Transactions - requests or applications 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.

Highly Technical Applications - an application which requires the use of technical

knowledge, specialized skills and/or training in the processing and/or evaluation
thereof.
7
No application or request
shall be returned to the
client without appropriate
action.

Failure to do so may result

to suspension, dismissal, or
permanent disqualification
from public service.
SEC. 9. | ACCESSING GOVERNMENT SERVICES

Adoptionof Working Schedules to Serve Applicants or Requesting

Parties

• Heads of agencies shall adopt appropriate working schedules to

ensure that all applicants who are within their premises prior to
the end of official working hours are attended.

• Served even during lunch break and after regular working hours.
SEC. 9. | ACCESSING GOVERNMENT SERVICES
Identification Card
• All employees transacting with the public shall be provided
with an official identification card which shall be visibly worn
during office hours.

Establishment of Public Assistance/Complaints Desk

• Each office or agency shall establish a public
assistance/complaints desk in all their offices.
8
Streamlined procedures
for the issuance of local
business permits and
fire safety clearances
shall be strictly
implemented
SEC. 10. |AUTOMATIC APPROVAL/AUTOMATIC EXTENSION
• Agency fails to approve or disapprove an original application within the
prescribed processing time, said application or request shall be deemed
approved

• The acknowledgement 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.

• Agency fails to act on an application for renewal said license, clearance, permit,
certification or authorization shall automatically be extended
 9
The Civil Service Commission shall maintain an anti-
red tape unit in its central and regional offices to
facilitate complaints on non-compliance to EODB
EDGS
 10
The Ease of Doing
Business and Anti-Red
Tape Council, and the
Anti-Red Tape Authority,
will implement the new
law
 11
The Report Card Survey
will be used to check
compliance of all
government agencies to
the law
 12 Violations
(a) Refusal to accept request and/or application 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/request;
 12 Violations
(e) Failure to render government services within the prescribed processing time on any
application and/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.
 12 Penalties
(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 (P500,00.00) but not more than Two
Million Pesos (P2,000,000.00).
 
 Scenario:
EODB EDGS
 Coverage

Noon Ngayon
Frontline services ALL government
only services
 On turnaround time

Noon Ngayon
5 days for simple 3 days for simple

10 days for 7 days for complex

complex 20 days for highly
technical
Reengineering of systems & procedures

Noon Ngayon
Time and motion Time and motion
studies studies

Evaluation
Evaluation
Improvement
Improvement
Cost compliance
 Citizen’s Charter

Noon Ngayon
• Procedure • Procedure
• Person responsible
• Person responsible • Max time
• Max time • Documents required
• Documents • Fees
• Procedure for filing complaints
required • A comprehensive and uniform checklist
• Fees of requirements for each type of request
• Procedure for filing and/or application
complaints
 Approving authority

Noon Ngayon
Limited to five Limited to three
signatories only signatories only
 Access to government services

Noon
Any denial of request for
Ngayon
access to government service No application shall be
shall be fully explained in returned to the applicant
writing, stating the name of without appropriate action
the person making the denial
and the grounds upon which
such denial is based.
 Access to frontline services
Noon Ngayon
All government agencies
-- covered shall, when applicable,
develop electronic versions of
licenses, clearances, permits 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.
Automatic extension of permits and licenses
Noon Ngayon
If a government office or agency
-- fails to approve or disapprove an
original application or request for
issuance of license, permit
certification or authorization within
the prescribed processing time, said
application or request shall be
deemed approved: Provided, That all
the required documents have been
submitted and all required fees and
charges have been paid.
 Report Card Survey

Noon Ngayon
RCS on all RCS on all agencies
agencies providing government
providing services to be initiated
frontline services by the Anti-Red Tape
to be initiated by Authority in
the CSC in coordination with the
coordination with CSC and PSA
 Penalties
Noon
(a) Light Offense
1st
Ngayon
Offense: Administrative liability with 6 months
suspension
1st Offense - Thirty (30) days suspension
without pay and mandatory attendance in
2nd Offense: Administrative liability and criminal liability of
Values Orientation Program
dismissal from the service, perpetual disqualification from
2nd Offense - Three (3) months suspension
holding public office and forfeiture of retirement benefits
without pay
and imprisonment of one (1) year to six (6) years with a
3rd Offense - Dismissal and perpetual
fine of not less P500,00.00 but not more than
disqualification from public service.
P2,000,000.00.
 
(b) Grave Offense - Fixing and/or collusion with
Criminal liability shall also be incurred through the
fixers in consideration of economic and/or other
commission of bribery, extortion, or when the violation
gain or advantage. Penalty - Dismissal and
was done deliberately and maliciously to solicit favour in
perpetual disqualification from public service
cash or in kind. In such cases, the pertinent provisions of
the Revised Penal Code and other special laws shall
apply.
THANK YOU
for listening
Department of Health, Philippines