Republic of the Philippines
House of Representatives
Quezon City
THIRTEENTH CONGRESS

First Regular Session

House Bill No. 250

Introduced by HONORABLE RODRIGUEZ D. DADIVAS

EXPLANATORY NOTE

This bill seeks to improve the efficiency in all government agencies and
corporations by limiting the number of signatories required for their services. It also
aims to enhance transparency and accountability of government offices and
agencies.

Red tape commonly refers to an excessive government bureaucracy. In
fact, one of the major complaints of the public is the delay and inefficiency in the
delivery of public services by the government. Among the factors which can be
attributed to this problem is the approximate number of signatories required
involving transactions with particular government agencies and corporations. This
transaction system breeds graft and corruption and causes the loss of trust and
confidence of the people in the government.

The proposed measure aims to improve service standard by limiting the
number of signatories required in government transactions and streamlining
Procedures to attain a smooth flow in the Processing of papers and documents
involved, with the end view of expeditiously and effectively delivering basic
services to the public. It also provides several propositions which seek to address
the issue of redundant and irrelevant processes, obsolete or outdated policies,
inconsistent interpretation of policies and long processing time of government
transactions and services. Through these propositions, the measure presumes to
deal with sources of inefficiency in the delivery of government services and public
dissatisfaction. Information dissemination and public feedback on the transactions
and service requests in govemment offices are salient features also included in
this bill. The bill therefore promotes systems improvement by mandating
transactions re-engineering of government services.


This measure is subsequent to the version which was filed during the
‘Twelfth Congress and is adapted from the consolidated version drafted by the
Committee oh Civil Service and Professional Regulation in the House of
Representatives. The consolidatel version of this bill was already approved at the
Committee level but the insufficiency of time impeded its approval“and passage
into law. For this reason, approval of this bill is earnestly sought ~



Republic of the Philippines
House of Representatives
Quezon City
THIRTEENTH CONGRESS
First Regular Session

House Bill No. __250

Introduced by HONORABLE RODRIGUEZ D. DADIVAS

AN ACT TO IMPROVE EFFICIENCY IN THE DELIVERY OF GOVERNMENT
SERVICES TO THE PUBLIC BY REDUCING BUREAUCRATIC RED TAPE AND
PREVENTING GRAFT AND CORRUPTION

Be it enacted by the Senate and the House of Representatives in Congress
assembled:

SECTION 1. Short Title. - This Act shall be known as the “Red Tape
Reduction Act of 2004.”

SECTION 2. Declaration of Policy. - It is hereby declared policy of the
State to maintain honesty and integrity in the public service and take positive and
effective measures against graft and corruption. Towards this end, all government
offices and agencies are hereby mandated to re-engineer and to formulate a
program for the improvement of their transaction systems and procedures to
reduce bureaucratic red tape and to ensure the effective delivery of services to the
public.

SECTION 3. Coverage. - This Act shall apply to all government offices
and agencies including local government units and government-owned or
controlled corporations with original charters except those offices that exercise
judicial, quasi-judicial and legislative functions.

SECTION 4. Definition of Terms. — As used in this Act, the following terms.

are defined as follows:

(.) Simple transactions refer to requests or applications submitted by
clients of a government office or agency which necessitate action or
which present only few issues for resolution of an officer or employee
of said government office.


(b.) Complex transactions refer to 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.

(c.) Frontline service refers to transaction involving clients and
government agencies and offices such as applications for any
privilege, right, permit, reward, license, 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.

(d.) Action refers to the written approval or disapproval made by a
government office on the application or request submitted by a client
for processing.

(e.) Officer or employee refers to a person employed in a government
agency or office required to perform specific duties and
responsibilities related to the application or request submitted by a
client for processing.

(£) Irrelevant requirements refer to documents which contain information
not directly material to the resolution of the issues presented by the
request or application submitted by the client.

(g.) _ Fixer refers to a person who is not officially involved in the operations
of a particular government office but has access to people working
therein and, in collusion with them, facilitates speedy completion of
transaction without complying with the regular rules and procedures
of said office in consideration of pecuniary gain.

SECTION 5. Re-engineering of Systems and Procedures. - All agencies
and offices which provide frontline services are hereby mandated to regularly
undergo evaluation and modetnization of their transaction systems and
procedures and t re-engineer the same if deemed necessary to reduce
bureaucratic red tape and to expedite services to the public.

SECTION 6. en’s Charter. — All government agencies including
departments, bureaus, offices, instrumentalities, or government-owned or
controlled corporations, or local government or district units shall be posted at the
main entrance of the offices or at the most conspicuous place, or in the form of
published handbooks written either in English, Filipino, or in the locat dialect, that
detail:

(a) each step of procedure to obtain a particular service

(b) person/s responsible for each step

(c) maximum time to conclude the process

(d) document /s to be presented by the customer, if necessary:

(e) amount of fees, if necessary; and

10) procedure for filing complaints in cases of violation of the provisions

of the Citizen's Charter


SECTION 7. Accountability of the Heads of Agencies and Offices. The
head of the agency or office 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 agency or office concerned.

SECTION 8. Accessing Frontline Services. ~ The following shall be
adopted by all government agencies and offices:

(@) Acceptance of Applications and Requests

1) All officers or employees shall accept written applications,
requests, and /or documents being submitted by clients of the
agency or office.

The responsible officer or employee shall acknowledge receipt
such application and/or request by writing or printing clearly
thereon his/her name, the unit where he/she is connected with,
and the time and date or receipt.
The receiving officer or employee shall perform a preliminary
assessment of the request if possible so as to promote a more
expeditious action on requests.
Absence of certain information in the application and/or request
or incomplete supporting documents shall not be a valid ground
for an officer or employee to refuse acceptance of the said
application or request.
(b) Adoption of Working Schedules to Serve Clients
1) Heads of agencies and offices which render frontline services
shall adopt appropriate working schedules to ensure that all
clients 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.
(©) Action of Offices
1) All requests and/or applications submitted shall be acted upon
by the assigned officer or employee during the period sated in
the Citizen's Charter which shall not be longer than fifteen (15)
working days in the case of simple transactions and thirty (30)
working days in the case of complex transactions.

2) Under unusual circumstances, the maximum time prescribed
above may be extended: Provided, That the agency or office
concerned shall notify the requesting party in writing of the
teason for the extension and the final date of release for the
extension and the final date of release of the frontline service/s
requested.

No application or request shall be returned to the client without
appropriate action. In case an application or request is
disapproved, the officer or employee who rendered the decision
shall send a formal notice to the client within five (5) working
days from the receipt of the request and/ or application, stating

2)

3)

4)

3


therein the reason for the disapproval including a list of specific
Fequirement/s which the client failed to submit.
(qd) Limitation of Signatories

1) The number of signatories in any written application, request or
document submitted by the client of the office shall depend on
the kind of transaction to be acted upon by the assigned
‘employee.

2) The heads of government agencies or corporations concemed
shall determine and identify the number of signatories necessary
for any simple, complex or frontline service transaction.

3) As much as possible, the signatories shall be limited only to the
officers and employees directly supervising the specific unit
therein which appertain to such particular transaction.

(@) Denial of Request for Access to Government Service

1) Any denial of 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 request is deemed to have been made with the
Permission or clearance from the highest authority having
jurisdiction over the government agency concemed.

SECTION 9. Automatic Renewal of Permits and Licenses. — if a
government agency of office fails to act on an application and/ or request for
renewal of a license, permit or authority subject for renewal shall automatically be
extended until a decision or resolution is rendered on the application for renewal:
Provided, That the automatic extension shall not apply when the permit, license, or
authority covers activities which are regulated because these pose danger to
Public health or public safety.

SECTION 10. Report Card Survey. ~ all agencies and offices which
provide frontline services shall be subjected to a Report Card Survey to be
initiated by the Civil service Commission in coordination with the Development
academy of the Philippines, which shall be used to obtain feedback on how
provisions in the Citizen's Charter are being followed and how the agency is
performing.

The Report Card Survey shall also be used to obtain information and/ or
estimates of hidden costs incurred by clients to access frontline services which
may include, but is not limited to, bribes and payment to fixers.

SECTION 11. Violations. — The following shall constitute violations of this
‘Act:
(@) Refusal to accept applications and/ or requests or any document being
submitted by a client;
(b) Failure to act on an application and/ or request or failure to refer back to
the client a request which cannot be acted upon due to lack of
requirement/s;


(©) Failure to attend to clients who are within the premises of the agency or
office concerned prior to the end of official working hours and during
lunch break;

(d) Failure to render frontline services within the prescribed period on any
application and / or request without due cause;

() Failure to give the client a written notice on the disapproval of an
application or request;

(© Imposition of additional irretevant requirements other than those listed in
the first notice; and

(g) Collusion with fixers in consideration of economic and/ or other gains

SECTION 12. Penalties. - The following penalties shall be imposed to any
officer of employee who is found guilty of the acts mentioned in the preceding
section:

(@) Upon first offense, the penalty of suspension for more than thirty (30)

days and a fine equivalent to a month salary;

(©) Upon Second offense, suspension for a_minimum of six (6) months

and a fine equivalent to three (3) months salary;

(©) Upon third offense, suspension for one (1) year and a fine equivalent to

six (6) months salary; and

() Upon fourth offense, dismissal service and perpetual disqualification

from holding any public office. Any officer or employee who commits
any acts enumerated in the preceding section in consideration of
economic and/or other gains shall, upon conviction, be imposed the
penalty of prison correccional in its maximum period.

SECTION 13. Prosecution, not barred. — Prosecution under this act shail
be a bar to the filing of other charges arising from the same act or omission which
are punishable under existing penal laws.

SECTION 14. Annual Reports. - All Agencies and offices which provide
frontline services shall keep an accurate and up-to-date record of payments,
Contributions, remittances and other money received from clients and shall include
the same in their annual reports.

SECTION 15. Jurisdiction. - Any violation of the provisions of the Act
shall be within the exclusive and concurrent administrative jurisdiction of the
Ombudsman and the Civil Service Commission. However, jurisdiction over the
criminal aspects of this Act is exclusively vested on the Ombudsman.

SECTION 16. Implementing Rules and Regulations. - The Civil Service
Commission shall promulgate the necessary rules and regulation for the proper
and effective implementation of this Act.


SECTION 17. Separability of 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.

SECTION 18. 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.

SECTION 19. Effectivity.- This Act shall take effect within fifteen (15)
days following its publication in the Official Gazette or in two (2) national papers of
general circulation.

Approved,