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REPUBLIC ACT NO. 11032

“(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
“AN ACT PROMOTING EASE OF DOING BUSINESS AND EFFICIENT DELIVERY
limited to, collection or preparation of a number of documents, submission to national and local
OF GOVERNMENT SERVICES, AMENDING FOR THE PURPOSE REPUBLIC
government authorities, approval of application submitted, and receipt of a formal certificate or
ACT NO. 9485 OTHERWISE KNOWN AS THE ANTI-RED TAPE ACT OF 2007, certificates, permits, licenses which include primary and secondary, clearances and such
AND FOR OTHER PURPOSES”
similar authorization or documents which confer eligibility to operate or continue to operate as a
legitimate business;
Be it enacted by the Senate of the Philippines and House of Representatives of the
Philippines in Congress assembled: “(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
SECTION 1. Section 1 Republic Act No. 9485, otherwise known as the “Anti-Red Tape Act by an officer or employee of said government office, such transactions to be determined by the
office concerned;
of 2007”, is hereby amended as follows:
“(e) Fixer—any individual whether or not officially involved in the operation of a
“SECTION 1. Short Title. – This Act shall be known as the Ease of Doing Business and Effi- government office or agency who has access to people working therein, and whether or not in
cient Government Service Delivery Act of 2018.” collusion with them, facilitates speedy completion of transactions for pecuniary gain or any other
advantage or consideration;
SEC 2. Section 2 of the same Act is hereby amended as follows: “(f) Government service—the process or transaction between applicants or requesting
parties and government offices or agencies involving applications for any privilege, right, reward,
“SEC. 2. Declaration of Policy. – It is hereby declared that the policy of the State to promote license, clearance, permit or authorization, concession, or for any modification, renewal or
integrity, accountability, proper management of public affairs and public property as well as to extension of the enumerated applications or requests which are acted upon in the ordinary course
establish effective practices, aimed at efficient turnaround of the delivery of government services of business of the agency or office concerned;
and the prevention of graft and corruption in the government. Towards this end, the State shall
maintain honesty and responsibility among its public officials and employees, and shall take “(g) Highly technical application—an application which requires the use of technical
appropriate measures to promote transparency in each agency with regard to the manner of knowledge, specialized skills and/or training in the processing and/or evaluation thereof;
transacting with the public, which shall encompass a program for the adoption of simplified
requirements and procedures that will reduce red tape and expedite business and nonbusiness “(h) Nonbusiness transactions— all other government transactions not falling under
related transactions in government.” Section 4 (c) of this Act;
“(i) Officer or employee—a person employed in a government office or agency required to
SEC. 3. Section 3 of the same Act is hereby amended to read as follows: perform specific duties and responsibilities related to the application or request submitted by an
applicant or requesting party for processing;
“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 “(j) Processing time—the time consumed by an LGU or national government agency
government instrumentalities, whether located in the Philippines or abroad, that provide services (NGA) from the receipt of an application or request with complete requirements, accompanying
covering business and nonbusiness related transactions as defined in this Act”. documents and payment of fees to the issuance of certification or such similar documents
approving or disapproving an application or request;
SEC. 4. Section 4 of the same Act is hereby amended as follows: “(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,
“SEC. 4. Definition of Terms.— As used in this Act, the following terms are defined as suboptimal, and undesirable social outcomes;
follows: “(l) Regulation—any legal instrument that gives effect to a government policy intervention
“(a) Action— refers to the written approval or disapproval made by a government office and includes licensing, imposing information obligation, compliance to standards or payment of
or agency on the application or request submitted by an applicant or requesting party for any form of fee, levy, charge or any other statutory and regulatory requirements necessary to carry
processing; out activity; and
“(b) Business One Stop Shop (BOSS) — a single common site or location, or a single “(m) Simple transactions—applications or requests submitted by applicants or requesting
online website or portal designated for the Business Permits and Licensing System (BPLS) of parties of a government office or agency which only require ministerial actions on the part of the
an LGU to receive and process applications, receive payments, and issue approved licenses, public officer or employee, or that which present only inconsequential issues for the resolution by
clearances, permits, or authorizations; an officer or employee of said government office.”

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SEC. 5. Section 5 of the same Act is hereby amended to read as follows: “SEC. 8. Accountability of Heads of Offices and Agencies.—The head of the office or agen-
“SEC. 5. Reengineering of Systems and Procedures. – All offices and agencies which pro- cy shall be primarily responsible for the implementation of this Act and shall be held accountable to
vide government services are hereby mandated to regularly undertake cost compliance analysis, the public in rendering fast, efficient, convenient and reliable service. All transactions and processes
time and motion studies, undergo evaluation and improvement of their transaction systems and pro- are deemed to have been made with the permission or clearance from the highest authority having
cedures and reengineer the same if deemed necessary to reduce bureaucratic red tape and processing jurisdiction over the government office or agency concerned.”
time.
SEC.9. Section 8 of the same Act is hereby amended and renumbered as Section 9 to read as fol-
“The Anti-Red Tape Authority, created in this Act, shall coordinate with all government lows:
offices covered under Section 3 of this Act in the review of existing laws, executive issuances “SEC. 9. Accessing Government Services.—The following shall be adopted by all govern-
and local ordinances, and recommend the repeal of the same if deemed outdated, redundant, and ment offices and agencies:
adds undue regulatory burden to the transacting public.
“All proposed regulations of government agencies under Section 3 of this Act shall undergo “(a) Acceptance of Applications or Requests. –
regulatory impact assessment to establish if the proposed regulation does not add undue regula- “(1) All officers or employees shall accept written applications, requests, and/or documents
tory burden and cost to these agencies and the applicants or requesting parties: Provided, That being submitted by applicants or requesting parties of the offices or agencies.
when necessary, any proposed regulation may undergo pilot implementation to assess regulatory “(2) The receiving officer or employee shall perform a preliminary assessment of the appli-
impact. cation 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
“Upon effectivity of this Act, all LGUs and NGAs are directed to initiate review of existing requesting party of any deficiency in the accompanying requirements, which shall be limited to
policies and operations and commence with the reengineering of their systems and procedures those enumerated in the Citizen’s Charter.
in compliance with the provisions of this Act, pending the approval of the implementing rules “(3) The receiving officer or employee shall assign a unique identification number to an
and regulations (IRR) thereof.” 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 re-
SEC. 6. Section 6 of the same Act is hereby amended and to read as follows: quest.
“SEC. 6. Citizen’s Charter.—All government agencies including departments, bureaus, “(4) The receiving officer or employee shall issue an acknowledgement receipt containing
offices, instrumentalities, or government-owned and/or -controlled corporations, or local LGUs the seal of the agency, the name of the responsible officer or employee, his/her unit and designation,
shall set up their respective most current and updated service standards to be known as the Citizen's and the date and time of receipt of such application or request.
Charter in the form of information billboards which shall be posted at the main entrance of offices “(b) Action of Offices. –
or at the most conspicuous place, in their respective websites and in the form of published materials “(1) All applications or requests submitted shall be acted upon by the assigned officer or
written either in English, Filipino, or in the local dialect, that detail: employee within the prescribed processing time stated in the Citizen's Charter which shall not be
“(a) A comprehensive and uniform checklist of requirements for each type of application or longer than three (3) working days in the case of simple transactions and seven (7) working days in
request; the case of complex transactions from the date the request and/or complete application or request
“(b) The procedure to obtain a particular service; was received.
“(c) The person/s responsible for each step;
“(d) The maximum time to conclude the process; “For applications or requests involving activities which pose danger to public health, public
“(e) The document/s to be presented by the applicant or requesting party, if necessary; safety, public morals, public policy, and highly technical application, the prescribed processing time
“(f) The amount of fees, if necessary; and shall in no case be longer than twenty (20) working days or as determined by the government agen-
“(g) The procedure for filing complaints.” cy or instrumentality concerned, whichever is shorter.

SEC. 7. A new Section 7 is hereby inserted after Section 6 of the same Act to read as follows: “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
“SEC. 7. Zero-Contact Policy.—Except during the preliminary assessment of the request office or agency concerned shall notify the applicant or requesting party in writing of the reason for
and evaluation of sufficiency of submitted requirements, no government officer or employee shall the extension and final date of release of the government service/s requested. Such written notifica-
have any contact, in any manner, unless strictly necessary with any requesting party concerning an tion shall be signed by the applicant or requesting party to serve as proof of notice.
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 “If the application or request for license, clearance, permit, certification or authorization
to the public as mandated by Section 26 of this Act, all transactions shall be coursed through such shall require the approval of the local Sangguniang Bayan, Sangguniang Panlungsod, or the
system. All government agencies including LGUs shall adopt a zero-contact policy.” 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 an-
SEC. 8. Section 7 of the same Act is hereby renumbered as Section 8 to read as follows: other 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 appli-
cant shall be cited by the concerned Sanggunian.

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 “In cases where the cause of delay is due to force majeure or natural or man-made disasters, “If a government office or agency fails to act on an application or request for renewal of a
which result to damage or destruction of documents, and/or system failure of the computerized or license, clearance, permit, certification or authorization subject for renewal within the prescribed
automatic processing, the prescribed processing times mandated in this Act shall be suspended and processing time, said permit, license, clearance, certification or authorization shall automatically be
appropriate adjustments shall be made. extended: Provided, That the Authority, in coordination with Civil Service Commission (CSC),
Department of Trade and Industry (DTI), Securities and Exchange Commission (SEC), Department
“(2) No application or request shall be returned to the applicant or requesting party without of Interior and Local Government (DILG) and other agencies which shall formulate the IRR of this
appropriate action. In case an application or request is disapproved, the officer or employee who Act, shall provide a listing of simple, complex, highly technical applications, and activities which
rendered the decision shall send a formal notice to the applicant or requesting party within the pose danger to public health, public safety, public morals or to public policy.”
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 SEC. 11. New sections to be numbered as Sections 11, 12, 13, 14, 15, 16, 17, 18 and 19 are
valid ground for the disapproval of the application or request, without prejudice to other grounds hereby inserted after Section 9 of the same Act, to read as follows:
provided in this Act or other pertinent laws.
“(c) Denial of Application or Request for Access to Government Service. – Any denial of “SEC. 11. Streamlined Procedures for the Issuance of Local Business Licenses, Clearances,
application or request for access to government service shall be fully explained in writing, stating Permits, Certification or Authorizations.—LGUs are mandated to implement the following revised
the name of the person making the denial and the grounds upon which such denial is based. Any guidelines in the issuance of business licenses, clearances, permits, certifications or authorizations:
denial of application or request is deemed to have been made with the permission or clearance “(a) A single or unified business application form shall be used in processing new applica-
from the highest authority having jurisdiction over the government office or agency concerned. tions for business permits and business renewals which consolidates all the information of the appli-
“(d) Limitation of Signatories. – The number of signatories in any document shall be limited cant or requesting party by various local government departments, such as, but not limited to, the
to a maximum of three (3) signatures which shall represent officers directly supervising the office or local taxes and clearances, building clearance, sanitary permit, zoning clearance, and other specific
agency concerned: Provided, That in case the authorized signatory is on official business or official local LGU requirements, as the case may be, including the fire clearance from the Bureau of
leave, an alternate shall be designated as signatory. Electronic signatures or pre-signed license, Fire Protection (BFP). The unified form shall be made available online using technology-neutral
clearance, permit, certification or authorization with adequate security and control mechanism may platforms such as, but not limited to, the central business portal or the city/municipality’s website
be used. 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.
“(e) Electronic Versions of Licenses, Clearance, Permits, Certifications or Authorizations. -
All government agencies covered under Section 3 of this Act shall, when applicable, develop elec- “(b) A one-stop business facilitation service, hereinafter referred to as the business one stop
tronic versions of licenses, clearances, permits, certifications or authorizations with the same level shop, (BOSS) for the city/municipality’s business permitting and licensing system to receive and
of authority as that of the signed hard copy, which may be printed by the applicants or request- process manual and/or electronic submission of application for license, clearance, permit, certifica-
ing parties in the convenience of their offices. tion 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
“(f) Adoption of Working Schedules to Serve Applicants or Requesting Parties. – Heads of shall be a queuing mechanism in the BOSS to better manage the flow of applications among the
offices and agencies which render government services shall adopt appropriate working schedules LGUs’ departments receiving and processing applications. LGUs shall implement colocation of the
to ensure that all applicants or requesting parties who are within their premises prior to the end of offices of the treasury, business permits and licensing office, zoning office, including the BFP, and
official working hours are attended to and served even during lunch break and after regular working other relevant city/municipality offices/departments, among others, engaged in starting a business,
hours. dealing with construction permits.
“(g) Identification Card. – All employees transacting with the public shall be provided with “(c) Cities/Municipalities are mandated to automate their business permitting and licensing
an official identification card which shall be visibly worn during office hours. 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
“(h) Establishment of Public Assistance/Complaints Desk. – Each office or agency shall shall develop electronic versions of licenses, clearances, permits, certifications or authorizations
establish a public assistance/complaints desk in all their offices.” 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
SEC. 10. Section 9 of the same Act is hereby amended and renumbered as Section 10 to read as business permit and licensing system. The DICT, DTI, and DILG, shall provide technical assistance
follows: in the planning and implementation of a computerized or software-enabled business permitting and
licensing system.
“SEC. 10. Automatic Approval or Automatic Extension of License, Clearance, Permit, “d) To lessen the transaction requirements, other local clearances such as, but not limited to,
Certification or Authorization.—If a government office or agency fails to approve or disapprove an sanitary permits, environmental and agricultural clearances shall be issued together with the
original application or request for issuance of license, clearance, permit, certification or authoriza- business permit.
tion 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 acknowledgement receipt together with the official receipt for payment of all re-
quired fees issued to the applicant or requesting party shall be enough proof or has the same force

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 “(e) Business permits shall be valid for a period of one (1) year. The city/municipality “(i) The BFP shall develop and adopt an online or electronic mechanism in assessing fees,
may have the option to renew business permits within the first month of the year or on the collecting/accepting payments and sharing/exchange of other relevant data on business permit
anniversary date of the issuance of the business permit. processing.
“(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 “The pertinent provisions of Republic Act No. 9514, otherwise known as “The Revised
Act: Provided, That the share in the collections shall be remitted to the respective barangays. Fire Code of the Philippines of 2008”, are hereby amended accordingly.”
“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 “SEC. 13. Central Business Portal (CBP).—To eliminate bureaucratic red tape, avert graft
accordingly.” 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.
“SEC. 12. Streamlined Procedures for Securing Fire Safety Evaluation Clearance
(FSEC), Fire Safety Inspection Certificate (FSIC), and Certification of Fire Incidents for “The CBP shall serve as a central system to receive applications and capture application
Fire Insurance.— For the issuance of FSEC, FSIC, and certification of fire incidents, the data involving business-related transactions, including primary and secondary licenses, and busi-
following shall be adopted to make business permitting more efficient: ness clearances, permits, certifications or authorizations issued by the LGUS: Provided, That the
CBP may also provide links to the online registration or application systems established by
“(a) Issuance of FSEC and FSIC shall in no case be longer than seven (7) working days; NGAs.
“(b) For new business permit application, the FSIC already issued during the occupancy
“The DICT, upon consultation with the National Privacy Commission (NPC), NGAs and
permit stage shall be sufficient as basis for the issuance of the FSIC for a business entity as a
LGUs shall issue rules and guidelines on the following: (a) the establishment, operation and
requirement for the business permit;
maintenance of the central business portal; and (b) the use of electronic signatures.
“(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 “The DICT is hereby mandated to implement an Interconnectivity Infrastructure
negative/positive list: Provided, That the business entity shall inform the BFP and submit the Development Program for interconnectivity between and among NGAs and LGUs.
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 “The DICT, in coordination with other concerned NGAs and LGUs, shall also conduct
business permit; 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.”
“(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 working days (3) days from the application of “SEC. 14. Philippine Business Databank (PBD). – Within a period of one (1) year from
business renewal, the business entity shall be deemed to have a temporary valid FSIC and, there- the effectivity of this Act, the DICT, in coordination with the concerned agencies, shall
fore, shall serve as the basis for the automatic renewal of the business permit; establish, 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
“(e) Issuance of the certification of fire incident for fire insurance purposes shall in no validity, existence of and other relevant information pertaining to business entities. All concerned
case be longer than twenty (20) working days, and may be extended only once for another NGAs and LGUs shall either link their own database with the system or periodically submit to the
twenty (20) working days; system updates relevant to the information registered with them.
“(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 “The DICT, in consultation with the DTI, SEC, Cooperative Development Authority
or requesting party or business entity. Any violation thereof shall be punishable by (CDA), NPC, DILG, LGUs, and other concerned agencies, shall issue the IRR on the
imprisonment of one (1) year to six (6) years and a penalty of not less than Five hundred development, management, operation and maintenance of the PBD within three (3) months from
thousand pesos (P500,000.00), but not more than Two million pesos (P2,000,000.00); the effectivity of this Act.

“(g) The BFP shall colocate with the BOSS or in an appropriate area designated by the “Documents already submitted by an applicant or requesting party to an agency which has
city/municipality within its premises to assess and collect the fire safety inspection fees; 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 PBD.
“(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
“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, certification or authorizations such as, but not limited to, tax clearance, occupancy permit
and barangay clearance.”

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 “SEC. 15. Interconnectivity Infrastructure Development. — In order to expedite the “(f) Recommend policies, processes and systems to improve regulatory management to
processing of licenses, clearances, permits, certifications or authorizations, the Authority, together increase the productivity, efficiency, and effectiveness of business permitting and licensing
with the DICT, shall develop a fast and reliable interconnectivity infrastructure. In relation to this, agencies;
the processing and approval of licenses, clearances, permits, certifications or authorizations for the “(g) Review proposed major regulations of government agencies, using submitted
installation and operation of telecommunication, broadcast towers, facilities, equipment and service regulatory impact assessments, subject to proportionality rules to be determined by the Authority;
shall be:
“(h) Conduct regulatory management training programs to capacitate NGAs and LGUs to
“(a) a total of seven (7) working days for those issued by the barangay; comply with sound regulatory management practices;
“(b) a total of seven (7) working days for those issued by LGUs; and “(i) Prepare, in consultation with the appropriate agencies, regulatory management
“(c) seven (7) working days for those issued by NGAs. manuals for all government agencies and/or instrumentalities and LGUs;
“(j) Provide technical assistance and advisory opinions in the review of proposed national
“If the granting authority fails to approve or disapprove an application for a license, clear- or local legislation, regulations or procedures;
ance, 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 “(k) Ensure the dissemination of and public access to information on regulatory
body is necessary, a nonextendible period of twenty (20) working days is hereby prescribed. management system and changes in laws and regulations relevant to the public by establishing the
Philippine Business Regulations Information system;
“For homeowners and other community clearances, the officers of the homeowner’s “(l) Enlist the assistance of the CSC, DTI and other government agencies in the
association shall be given ten (10) working days to refer the application to the members of the implementation of its powers and functions provided for in this Act; and
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 “(m) Perform such acts as may be necessary to attain the objectives of this Act .”
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 “SEC. 18. Composition of the Authority. — The Authority shall be headed by a Director
requesting party within the prescribed period of the reason/s for disapproval as well as remedial General to be appointed by the President of the Philippines upon effectivity of this Act, and such
measures that may be taken by the applicant or requesting party. appointment shall be coterminus 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.
“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 “The Director General shall oversee the day-to-day operations of the Authority. He/She
unnecessary licenses, clearances, permits, certifications or authorizations being required by NGAs, shall be assisted by three (3) Deputy Directors General each for legal, operations and administra-
LGUs, and private entities.” tion, 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
“SEC. 16. Anti-Red Tape Unit in the Civil Service Commission (CSC).— The CSC shall equivalent to the rank of Undersecretary and shall likewise be appointed by the President of the
maintain an anti-red tape unit in its central and all its regional offices, utilize Report Card Survey Philippines.
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, “The Director General of the Authority, in consultation with CSC, DTI and the Depart-
hear, and decide on complaints on erring government employees and officials and noncompliance ment of Budget and Management (DBM), shall determine the organizational structures including
with the provisions of this Act”. regional or field offices, qualification standards, staffing pattern and compensation of the newly
“SEC. 17. Anti-Red Tape Authority.— To ensure the attainment of the objectives of this created Authority in accordance with existing laws, rules and regulations: Provided, That in
Act, there is hereby created the Anti-Red Tape Authority, herein referred to as the Authority, which the absence of regional or field offices, the Authority may deputize the regional personnel of the
shall be organized within six (6) months after the effectivity of this Act. The Authority shall be DTI to perform its powers and functions”.
attached to the Office of the President.
“SEC. 19. Ease of Doing Business and Anti-Red Tape Advisory Council.— There is here-
“The Authority shall have the following powers and functions: by created an Ease of Doing Business and Anti-Red Tape Advisory Council, herein referred to as
“(a) Implement and oversee a national policy on anti-red tape and ease of doing business; the Council. It shall be composed of the Secretary of the DTI as Chairperson, the Director
“(b) Implement various ease of doing business and anti-red tape reform initiatives aimed at General of the Authority as Vice-Chairperson, the Secretaries of the DICT, DILG and Department
improving the ranking of the Philippines; of Finance (DOF), and two (2) representatives from the private sector as members. The depart-
“(c) Monitor and evaluate the compliance of agencies covered under Section 3 of this Act, and ment secretaries may designate their representatives, who shall sit in a permanent capacity, with
issue notice of warning to erring and/or noncomplying government employees or officials;
“(d) Initiate investigation, motu propio or upon receipt of a complaint, refer the same to the no less than Undersecretary in rank, and their acts shall be considered the acts of their principals.
appropriate agency, or file cases for violations of this Act; The private sector representatives shall be appointed by the President of the Philippines for a term
“(e) Assist complainants in filing necessary cases with the CSC, the Ombudsman and other of three (3) years, and may be reappointed only once, from the nominees submitted by reputable
appropriate courts, as the case may be; business groups or associations.

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 “The Council shall be the policy and advisory body to the Authority. The Council shall “A feedback mechanism shall be established in all agencies covered by this Act and the
formulate policies and programs that will continuously enhance and improve the country’s results thereof shall be incorporated in their annual report.”
competitiveness and ease of doing business. Towards this end, the Council shall have the follow-
ing powers and functions: SEC. 13. Sections 11 and 12 of the same Act are hereby deleted, and replaced with new sections
“(a) Plan, draft and propose a national policy on ease of doing business and anti-red to be numbered as Sections 21 and 22, to read as follows:
tape; “SEC. 21. Violations and Persons Liable.— Any person who performs or cause the
performance of the following acts shall be liable:
“(b) Recommend policies, processes and systems to improve regulatory management
to in crease the productivity, efficiency, and effectiveness of permitting and licensing agencies; “(a) Refusal to accept application or request with complete requirements being submitted
by an applicant or requesting party without due cause;
“(c) Design and identify systems that will continuously enhance and improve the de-
“(b) Imposition of additional requirements other than those listed in the Citizen’s
livery of services in government and ease of doing business in the country;
Charter;
“(d) Authorize the creation or appointment of specific working groups or taskforces in “(c) Imposition of additional costs not reflected in the Citizen’s Charter;
aid of the implementation of this Act;
“(d) Failure to give the applicant or requesting party a written notice on the disapproval
“(e) Propose legislation, amendments or modifications to Philippine laws related to of an application or request;
anti-red tape and ease of doing business; “(e) Failure to render government services within the prescribed processing time on any
application or request without due cause;
“(f) Periodically review and assess the country’s competitiveness performance, chal-
lenges, and issues; “(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
“(g) Provide technical assistance and advisory opinions in the review of proposed na- break;
tional or local legislation, regulations, or procedures;
“(g) Failure or refusal to issue official receipts; and
“(h) Recommend to the Authority the issuance of the appropriate measures to promote “(h) Fixing and/or collusion with fixers in consideration of economic and/or other gain or
transparency and efficiency in business practices and delivery of services in government; advantage.”
and
“SEC. 22. Penalties and Liabilities.— Any violations of the preceding actions will
“(i) Perform such other functions as may be necessary or as may be directed by the warrant the following penalties and liabilities.
President for the successful implementation to attain the objectives of this Act.
“(a) First Offense: Administrative liability with six (6) months suspension: Provided,
“The Authority shall serve as Secretariat to the Council to be headed by its Deputy Direc- however, That in the case of fixing and/or collusion with fixers under Section 21(h), the penalty
tor General for Operations. and liability under Section 22(b) of this Act shall apply.
“The National Competitiveness Council (NCC), created under Executive Order No. 44, “(b) Second Offense: Administrative liability and criminal liability of dismissal from the
Series of 2011, shall be renamed and reorganized as the Council. The pertinent provisions under service, perpetual disqualification from holding public office and forfeiture of retirement benefits
the following presidential orders: Executive Order No. 571, Executive Order No. 44, and and imprisonment of one (1) year to six (6) years with a fine of not less than Five hundred
Administrative Order No. 38 are hereby repealed accordingly.” thousand pesos (P500,000.00) but not more than Two million pesos (P2,000,000.00).
SEC. 12. Section 10 of the same Act is hereby amended and renumbered as Section 20 to read as
follows: “Criminal liability shall also be incurred through the commission of bribery, extortion, or
“SEC. 20. Report Card Survey.— All offices and agencies providing government ser- when the violation was done deliberately and maliciously to solicit favor in cash or in kind. In
vices shall be subjected to a Report Card Survey to be initiated by the Authority, in coordination such cases, the pertinent provisions of the Revised Penal Code and other special laws shall apply.”
with the CSC, and the Philippine Statistics Authority (PSA), which shall be used to obtain feed-
SEC. 14. Section 13 of the same Act is hereby renumbered as Section 23 to read as follows:
back on how provisions in the Citizen's Charter and the provisions of this Act are being followed
and how the agency is performing.
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 “SEC. 23. Civil and Criminal Liability, Not Barred.— The finding of administrative The DICT shall ensure that all municipalities and provinces classified as third (3rd),
liability under this Act shall not be a bar to the filing of criminal, civil or other related charges fourth (4th), fifth (5th) and sixth (6th) class are provided with appropriate equipment and
under existing laws arising from the same act or omission as herein enumerated.” connectivity, information and communications technology platform, training and capability
SEC. 15. Section 14 of the same Act is hereby amended and renumbered as Section 24 to read building to ensure the LGUs compliance with this Act”.
as follows: “SEC. 27. Transitory Provisions—
“SEC. 24. Administrative Jurisdiction.— The administrative jurisdiction on any “(a) The Director General of the Authority, in consultation with the DTI shall deter-
violation of the provisions of this Act shall be vested in either the CSC, or the Office of the mine the organizational structure and personnel complement of the Authority. To ensure contin-
Ombudsman as determined by appropriate laws and issuances.” ued implementation of ease of doing business and anti-red tape reforms, the teams or
SEC. 16. Section 15 of the same Act is hereby renumbered as Section 25, and all succeeding units involved in regulatory improvement and/or ease of doing business-related programs of the
sections of the same Act are hereby deleted. 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
“SEC. 25. Immunity; Discharge of Co-Respondent/Accused to be a Witness.— Any up: Provided, That the staff of the DTI-Competitiveness Bureau shall have the option to be ab-
public official or employee or any person having been charged with another offense under this sorbed or transferred laterally to the Authority without diminution of their rank, position,
Act and who voluntarily gives information pertaining to an investigation or willingly testifies salaries and other emoluments once the staffing pattern and plantilla position of the Authority
therefore, shall be exempt from prosecution in the case/s where his/her information and has been approved.
testimony are given. The discharge may be granted and directed by the investigating body for
court upon the application or petition of any of the respondent/accused-informant and before the “(b) All regulatory management programs and anti-red tape initiatives across govern-
termination of the investigation: Provided, That: ment agencies shall be gathered by the Authority. The DTI, CDA, NCC, DOF, Development
Academy of the Philippines (DAP), and National Economic Development Authority (NEDA)
“(a) There is absolute necessity for the testimony of the respondent/accused-informant shall submit to the Authority a report on the status of their respective projects related to
whose discharge is requested; regulatory management”.
“(b) There is no other direct evidence available for the proper prosecution of the offense “(c) The Authority, in coordination with CSC and the Council, shall conduct an infor-
committed, except the testimony of said respondent/accused-informant; mation 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.”
“(c) The testimony of said respondent/accused-informant can be substantially
corroborated in its material points; “SEC. 28. Congressional Oversight Committee . – To monitor the implementation of
“(d) The respondent/accused-informant has not been previously convicted of a crime this Act, there shall be created a Congressional Oversight Committee on Ease of Doing Business
involving moral turpitude; and (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
“(e) Said respondent/accused-informant does not appear to be the most guilty. Service, Government Reorganization and Professional Regulation, and Economic Affairs; and
“Evidence adduced in support of the discharge shall automatically form part of the five (5) members from the House of Representatives which shall include the chairpersons of the
records of the investigation. Should the investigating body or court deny the motion or request House Committees on Trade and Industry, Civil Service and Professional Regulation, Govern-
for discharge as a witness, his/her sworn statement shall be inadmissible as evidence.” ment 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
SEC. 17. New sections to be numbered as Section 26, 27, 28, 29, 30, 31, 32 and 33 are hereby House of Representatives Committee on Trade and Industry. Provided, That the oversight com-
inserted after Section 15 of the same Act to read as follows: mittee shall cease to exist after five (5) years upon effectivity of this Act.
“SEC. 26. Transition from Manual to Software-Enabled Business-Related “The Secretariat of the COC-EODB shall be drawn from the existing personnel of the
Transactions.— The DICT, in coordination with other concerned agencies, shall within three Senate and House of Representatives committees comprising the COC-EODB.”
(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.

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 This Act which is a consolidation of Senate Bill No. 1311 and House Bill No. 6579 was
“SEC. 29. Appropriations.— The amount necessary to carry out the provisions of this finally passed by the Senate and the House of Representatives on February 21, 2018 and February
Act shall be charged against the current year’s appropriations of the concerned agencies. In 27, 2018, respectively.
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,
CESAR STRAIT PAREJA LUTGARDO B. BARBO
and in coordination with DICT, DOF, DILG, NEDA, PSA, CDA, SEC, the Office of the
Secretary General Secretary of Senate
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 House of Representatives
within ninety (90) working days from the effectivity of this Act.”

“SEC. 31. Separability Clause.— If any provisions 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.”

“SEC. 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 AQUILINO “KOKO” PIMENTEL III

Speaker of the House President of the Senate
of Representatives

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