RFBT - EASE OF DOING BUSINESS AND EFFICIENT GOVERNMENT SERVICE DELIVERY ACT OF 2018 Flashcards
RA 11032 is known as?
Ease of Doing Business and Efficient Government Service Delivery Act of 2018
What is the coverage of RA 11032?
It shall apply to all government offices and agencies including LGUs, GOCCs, and other government instrumentalities, whether located in the Philippines or abroad, that provide services covering business and non-business related transaction.
What is a Business One Stop Shop?
It is a single common site or location or a single online website designated for the BUSINESS PERMIT AND LICENSING SYSTEM of an LGU to receive and process applications, receive payments, and issue approved licenses, permits, clearances, and authorizations.
What are Complex Transactions?
These are requests/applications submitted by applicants which NECESSITATE EVALUATION IN THE RESOLUTION OF COMPLICATED ISSUES BY AN OFFICER.
What is a Highly Technical Application?
It is an application which requires the use of technical knowledge/specialized skills and or training in the processing and or evaluation thereof.
What is a red tape?
It is any regulation, rule, administrative procedure or system that is INEFFECTIVE or DETRIMENTAL in achieving its intended objectives, and as a result, PRODUCES SLOW, SUB OPTIMAL, AND UNDESIRABLE OUTCOMES.
What is the prescribed processing time for simple transactions under the Citizen’s Charter?
Not longer than 3 working days for simple transactions from the date of request. The maximum time for extension is also 3 days which shall be indicated in the Citizen’s Charter.
What is the prescribed processing time for complex transactions under the Citizen’s Charter?
Not longer than 7 working days for complex transactions from the date of request. The maximum time for extension is also 7 days which shall be indicated in the Citizen’s Charter.
What is the prescribed processing time for applications/requests involving activities which pose danger to public health, safety, morals, policy, and highly technical applications?
Not longer than 20 working days from the date of request, OR as determined by the government agency concerned, WHICHEVER IS SHORTER. The maximum time for extension is also 20 days which shall be indicated in the Citizen’s Charter.
What is the prescribed processing time for highly technical applications under the Citizen’s Charter?
Not longer than 20 working days from the date of request, OR as determined by the government agency concerned, WHICHEVER IS SHORTER. The maximum time for extension is also 20 days which shall be indicated in the Citizen’s Charter.
May the maximum time prescribed in the Citizens Charter be extended?
Yes, but only for the same number of days.
How many days is given to the Sangguniang Bayan/Panglungsod/Panlalawigan for applications/requests requiring its approval?
They are given 45 working days, which can be extended for another 20 days.
What should be included in any denial of applications/requests for access to a government service?
Any denial of applications/requests for the use of government services shall be FULLY EXPLAINED IN WRITING, stating the name of the person making the denial and the grounds upon which it is based. Any denial is deemed to have been made with the permission from the highest authority having jurisdiction over said government office/agency.
What is the maximum number of signatories in any document?
3 signatories.
Discuss the automatic approval or automatic extension of licenses/clearances/permits/authorizations/certifications.
If a government agency/office FAILS TO APPROVE AN ORIGINAL APPLICATION for issuance of licenses/clearances/permits/authorizations/ certifications WITHIN THE PRESCRIBED TIME, SAID REQUEST SHALL BE DEEMED APPROVED, PROVIDED THAT
- all documents have been submitted
- all fees have been paid
If a government agency/office FAILS TO ACT ON AN APPLICATION/REQUEST for RENEWAL of licenses/clearances/permits/authorizations/ certifications WITHIN THE PRESCRIBED TIME, SAID REQUEST SHALL BE DEEMED EXTENDED
What is a Business One Stop Shop?
BOSS - a single common site or location designated for Business Permits, Licensing Systems, to issue permits/license/clearance/authorizations
What are business-related transactions?
Set of regulatory requirements that a business must comply with to engage and operate and continue business
What is a fixer?
Any individual whether or not officially involved in the operation of a government office/agency who has access to people working therein to facilitate speedy completion of transactions for pecuniary gain or other advantage/consideration
What is the Anti-Red Tape Authority?
ARTA - government agency attached to the Office of the President entrusted to ensure attainment of anti-red tape practices.
What are the functions of the ARTA?
The Authority shall have the following powers and functions:
“(a) Implement and oversee a national policy on anti-red tape and ease of doing business;
“(b) Implement various ease of doing business and anti-red tape reform initiatives aimed at improving the ranking of the Philippines;
“(c) Monitor and evaluate the compliance of agencies covered under Section 3 of this Act, and issue notice of warning to erring and/or noncomplying government employees or officials;
“(d) Initiate investigation, motu proprio or upon receipt of a complaint, refer the same to the appropriate agency, or file cases for violations of this Act;
“(e) Assist complainants in filing necessary cases with the CSC, the Ombudsman and other appropriate courts, as the case may be;
“(f) Recommend policies, processes and systems to improve regulatory management to increase the productivity, efficiency, and effectiveness of business permitting and licensing agencies;
“(g) Review proposed major regulations of government agencies, using submitted regulatory impact assessments, subject to proportionality rules to be determined by the Authority;
“(h) Conduct regulatory management training programs to capacitate NGAs and LGUs to comply with sound regulatory management practices;
“(i) Prepare, in consultation with the appropriate agencies, regulatory management manuals for all government agencies and/or instrumentalities and LGUs;
“(j) Provide technical assistance and advisory opinions in the review of proposed national or local legislation, regulations or procedures;
“(k) Ensure the dissemination of and public access to information on regulatory management system and changes in laws and regulations relevant to the public by establishing the Philippine Business Regulations Information System;
“(l) Enlist the assistance of the CSC, DTI and other government agencies in the implementation of its powers and functions provided for in this Act; and
“(m) Perform such acts as may be necessary to attain the objectives of this Act.”
T or F
All offices and agencies providing government services are mandated to regularly undertake cost compliance analysis, time and motion studies, undergo evaluation and improvement of the transaction systems and reengineer the same if deemed necessary to reduce bureaucratic red tape and processing time.
True. Reengineering of Systems and Procedures.
Explain the Zero-contact policy.
Except during the preliminary assessment of 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 part concerning an application or request once the DICT has COMPLETED A WEB-BASED SOFTWARE ENABLED BUSINESS REGISTRATION SYSTEM THAT IS ACCEPTABLE TO THE PUBLIC. All transactions shall be coursed through such system and all government agencies including LGUs shall adopt a zero-contact policy.
T or F
In cases of delay due to force majeure/natural or man-made disasters which result to damage/destruction of the processing system, the processing times shall be suspended and appropriate adjustments shall be made.
True.
What must be stated in a denial of application of request for access to a government service?
- Full explanation in writing
- Stating the name of the person making the denial
- Grounds for denial
Any denial is deemed to have been made with permission or clearance from highest authority having jurisdiction over the government office or agency concerned.
May electronic signatures or pre-signed licenses/clearance/permit/certification be used?
Yes.
T or F
Signed hard copies have a higher level of authority then electronic ones.
False, same level of authority.
T or F
Heads of offices and agencies which render government services shall adopt appropriate working schedules to ensure that all applicants or requesting parties who are within their premises prior to the end of official working hours are attended to and served even during lunch break and after regular working hours.
True.
How long should processing of approval of licenses/clearances/permits be for installation and operation of telecommunication, broadcast towers, facilities, equipment and service be? What happens the processing goes beyond the prescribed period?
A total of 7 working days for:
- Those issued by barangays
- Those issued by LGUs
- Those issued by NGAs
If processing goes beyond said period, application shall be deemed approved, provided that if a local legislative body’s approval is necessary, a non-extendible period of 20 days is prescribed.
How long is the period given to homeowners/community officers to refer application of members?
10 working days, provided that a non-extendible period of 30 working days is granted to the homeowner’s/community to give its consent or disapproval.
Explain the streamlined procedures for securing Fire Safety Evaluation Clearance/Inspection Certificate and Certification of Fire Incidents or Fire Insurance.
Sreamlined Procedures for Securing Fire Safety Evaluation Clearance (FSEC), Fire Safety Inspection Certificate (FSIC), and Certification of Fire Incidents for Fire Insurance.- For the issuance of FSEC, FSIC, and certification of fire incidents, the following shall be adopted to make business permitting more efficient:
“(a) Issuance of FSEC and FSIC shall in no case be longer than seven (7) working days;
“(b) For new business permit application, the FSIC already issued during the occupancy permit stage shall be sufficient as basis for the issuance of the FSIC for a business entity as a requirement for the business permit;
“(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 negative/positive list: Provided, That the business entity shall inform the BFP and submit the 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 business permit;
“(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 (3) working days from the application of business renewal, the business entity shall be deemed to have a temporary valid FSIC and, therefore, shall serve as the basis for the automatic renewal of the business permit;
“(e) Issuance of the certification of fire incident for fire insurance purposes shall in no case be longer than twenty (20) working days, and may be extended only once for another twenty (20) working days;
“(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 or requesting party or business entity. Any violation thereof shall be punishable by imprisonment of one (1) year to six (6) years and a penalty of not less than Five hundred thousand pesos (P500,000.00), but not more than Two million pesos (P2,000,000.00);
“(g) The BFP shall collocate with the BOSS or in an appropriate area designated by the city/municipality within its premises to assess and collect the fire safety inspection fees;
“(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
“(i) The BFP shall develop and adopt an online or electronic mechanism in assessing fees, collecting/accepting payments and sharing/exchange of other relevant data on business permit processing.
“The pertinent provisions of Republic Act No. 9514, otherwise known as the “Revised Fire Code of the Philippines of 2008”, are herby amended accordingly.”
T or F
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.
True
What is the CBP?
The CBP shall serve as a central system to receive applications and capture application 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.
The DICT is mandated to implement an Interconnectivity Infrastructure Development Program for interconnectivity between and among NGAs and LGUs.
Explain the Procedures in Local Governments
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.” 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.
