Ease of Doing Business Act Flashcards
Policy of the State
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 public
Notes only
Coverage of the Law
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,
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.
Action
a single common site or location, or a single online website or portal designated for the Business Permits and Licensing System (BPLS) of an LGU to received and process applications, receive payments, and issue approved licenses, clearances, permits, or
authorizations.
Business One Stop Shop (BOSS)
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.
Business-related transactions
regulatory requirements that a business entity must comply
applications or requests 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
Complex transactions
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 advantages or consideration
Fixer
facilitates speedy completion of transactions
an application which request
the use of technical knowledge, specialized skills and/or
training in the processing and/or evaluation thereof
Highly technical application
all other government transactions not falling under Section 4 of this Act
Nonbusiness transactions
the time consumed by an LGU or national government agency (NGA) from the receipt of an application or request with complete requirements
Processing time
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
Red tape
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
Regulation
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
Simple transactions
only require ministerial actions
What is the agency principally designated to implement the ease of doing business Act?
Anti-Red Tape Authority
All government agencies including
departments, bureaus, offices, instrumentalities, or government-owned and/or controlled corporations or local LGUs shall set up their respective most current and updated service standards to be known as the Citizen’s Charter 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, that detail:
✓ A comprehensive and uniform checklist of
requirements for each type of application or request.
✓ The procedure to obtain a particular service.
✓ The person/s responsible for each step.
✓ The maximum time to conclude the process.
✓ The document/s to be presented by the applicant or
requesting party, if necessary.
✓ The amount of fees, if necessary.
✓ The procedure for filing complaints.
Citizen’s Charter
Except during the preliminary assessment of the request and evaluation of sufficiency of submitted requirements, no government officer or employee shall have any contact, in any manner, unless strictly necessary with any requesting party concerning an 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 to the public as mandated by Section 26 of this Act, all transactions shall be coursed through such system. All government agencies including LGUs shall adopt a zero-contact policy.
Zero-Contract Policy
To eliminate bureaucratic red
tape, avert graft 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. The Central Business Portal (CBP) shall serve as a central system to
receive applications and capture applications data involving
business-related transactions, including primary and secondary
licenses, and business 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 NGAs
Central Business Portal (CBP)
it shall serve as central system to receive applications
Prescribe period to process:
Please provide 1. Period to process and 2. Extension for each:
a. Simple Transactions
b. Complex Transactions
c. Highly Technical Transactions (dangerous)
d. Application requires approval from Sanggunian
e. BFP: FSEC and FSIC
f. BFP: Certificate of Fire Incident
a. 3,3
b. 7,7
c. 20,20
d. 45,20
e. 7,7
f. 20,20
Note:
All LGUs and NGAs are directed to initiate review of existing policies and operations and commence with the reengineering of their systems and procedures
Note only
The Zero contact policy provides that
No government officer or employee shall have any CONTACT, in any manner, unless strictly necessary, with any requesting party concerning an application
Under EODB Act, the number of signatories in any document shall be limited to a maximum of
Three signatories
Business Permits shall be valid for a period of
One year
