RA NO.

11032 – Ease of Doing Business and Efficient Government Service Delivery Act of 2018

PURPOSE
 Efficient turnaround of the delivery of government services and the prevention of graft and
corruption in government.
 Reduce red tape
 Expedite business and nonbusiness related transactions in government.

COVERAGE
 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.

REENGINEERING OF SYSTEMS AND PROCEDURES

 Streamlining of Government Services
 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.
WHOLE-OF-GOVERNMENT APPROACH IN REENGINEERING
 Whole-of-Government Approach refers to the ability of government agencies to work together to
provide ease of access and use by the citizens. Implementing the whole-of-government approach
implies a more integrated approach to public service delivery, policy making, interoperability of
government processes, strengthening vertical and horizontal linkages and coordination among
agencies, and clustering of basic services into government, and designating points of service in
accordance with the life cycle of citizens and businesses, respectively.

CITIZEN'S CHARTER
 an official document that communicates, in simple terms, the service standards or pledge of an
agency/service office of the frontline services being provided to its citizens. It describes the step-
by-step procedure for availing a particular service, the person responsible for each step, the
documents needed to be submitted and the fees to be paid, if any.
 The Citizen's Charter of each agency has a dual purpose-it shall be the basis for establishing
accountability and for recognizing good performance to grant rewards and incentives.

CONTENTS OF CITIZEN'S CHARTER

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.

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RULES IN ACCESSING GOVERNMENT SERVICES
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.
STANDARDIZED DEADLINES FOR GOVERNMENT TRANSACTIONS

TYPES OF TRANSACTIONS TIME TO PROCESS

Simple Transactions - applications or requests 3 working days from date of receipt
submitted by applicants or requesting parties of a
government office or agency which:
a. only requires ministerial actions on the part of
the public officer or employee, or
b. that which present only inconsequential issues
for the resolution by an officer or employee of
said government office
Complex Transactions - applications or requests 7 working days from date of receipt
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 application - an application Whichever is shorter between:
which requires the use of technical knowledge, a. 20 working days or
specialized skill and/or training in the process b. As determined by the government agency
and/or evaluation thereof. or instrumentality concerned.

Applications or requests involving activities

which pose danger to public health, public safety,
public morals, public policy.
If the application or request for license, clearance, the Sanggunian concerned shall be given a period
permit, certification or authorization shall require of forty-five (45) working days to act on the
the approval of the local Sangguniang Bayan, application or request, which can be extended for
Sangguniang Panlungsod, or the Sangguniang another twenty (20) working days.
Panlalawigan as the case may be If the local Sanggunian concerned has denied the
application or request, the reason for the denial, as

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 well as the remedial measures that maybe taken
by the applicant shall be cited by the concerned
Sanggunian

AUTOMATIC APPROVAL
 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
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.

PROCEDURES IN LOCAL GOVERNMENT UNITS

 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 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. 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."

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 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 effectivity 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.

ANTI-CORRUPTION POLICY
 Except for the preliminary assessment of the business application and submitted requirements,
there will be a zero-contact policy between business applicants and government employees.
Applicants will be identified by case number and deal with government offices anonymously.

ANTI-RED TAPE AUTHORITY

 The Anti-Red Tape Authority (ARTA) is responsible for enforcing the Ease of Doing Business
Act in the Philippines. It is tasked to enforce anti-red tape policies among government officials
and employees.

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What is the Ease of Doing Business and Efficient Government Service Delivery Act?
 It addresses Priority # 3 of the 0+10 Socioeconomic Agenda to improve country's competitiveness
and ease of doing business.
 It aims to further improve and speed up the delivery of government services by simplifying the
requirements and promote transparency and cut red tape.
 For the Citizens:
Transacting with Government should be hassle free. The law requires standardization
processing time for government transactions including GOCCs.
 For the Business Sector:
Whether starting a business or running a business, the issuance of business permits must be
simple, speedy and streamlined.
 For Public Employees and Officials:
Public service is a trust. Government personnel are expected to deliver timely and efficient
government service and demonstrate integrity at all times

Things to know about the Ease of Doing Business and Efficient Government Service Delivery Act?
1. PRESCRIBED PROCESSING TIME
All government agencies shall comply with prescribed processing time as follows:

Simple Transactions 3 working days

Complex Transactions 7 working days
Highly Technical Applications 20 working days
Note: It includes a limit to a maximum of three signatories.

2. STREAMLINED PROCEDURES FOR THE ISSUANCE OF LOCAL BUSINESS

LICENSES, CLEARANCES, PERMITS OR AUTHORIZATIONS
 Unified Business Application Form
 Establishment of Business One Stop Shop (BOSS)
 Automation of Business Permits and Licenses (LGUs)
 Barangay Clearances and permits are now issued at the city or municipality
3. AUTOMATIC APPROVAL
 In case an agency fails to approve or disapprove an original application within the prescribed
processing time, the said application shall be deemed approved.
4. CITIZEN'S CHARTER
 All government agencies shall set up current and updated Citizen's Charter to indicate in detail
the:
 Checklist of Requirements for each type of application or request
 Person/s responsible for each step
 Amount of Fees
 Procedure to obtain a particular service ✓ Maximum time to complete the process ✓
 Procedure for filing complaints

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5. ZERO CONTACT POLICY
 No contact in any manner with any requesting party concerning an application or request
except during submission of documents.
6. CREATION OF ANTI-RED TAPE AUTHORITY
Anti-Red Tape Authority shall:
 Implement and oversee national policy on anti-red tape and ease of doing business and
implement reforms to improve competitiveness ranking.
 Monitor compliance of agencies and issue notices to erring and non-compliant
government employees and officials.
 Initiate investigation motu propio, or upon receipt of a complaint, or file cases for
violations. Review proposed major regulations of government agencies, using
submitted regulatory impact assessments.
7. CREATION OF EODB/ART ADVISORY COUNCIL
 It shall be a 7-person policy and advisory body, composed of DTI Secretary (Chair), ARTA
Director General (Vice-Chair), DOF, DICT and DILG Secretaries, and 2 representatives from
the private sector, as members.
8. PENALTIES
 2 STRIKE policy for government officials and employees found in violation of EODB/
EDGSA
 FIRST OFFENSE: Administrative liability with six (6) months suspension. Except for
fixing or collusion with fixers where the Revised Penal Code shall apply
 SECOND OFFENSE: Administrative and criminal liability
o Dismissal from the service
o Perpetual disqualification from holding public office
o Forfeiture of retirement benefits
o Imprisonment of one (1) year to six (6) years
o Fine of not less than Php500K but not more than Php2M
 Any person who commits any act such as but not limited to bribery, extortion or malicious
solicitation of favor shall be criminally liable and shall be punished under the Revised Penal
Code and other special laws.