“* 
J 
b 
THIRTEENTH CONGRESS OF THE REPUBLIC 
First Regular Session 
) 
OF THE PHILIPPINES 
. 
EXPLANATORY NOTE 
Red tape in the government bureaucracy is a scourge that has 
been with us for a long, long time. This affliction is one of the reasons why 
our citizens have always complained about the poor delivery of basic and 
essential services to the people. 
We do not subscribe to the view of some skeptics that red tape is 
an inborn Filipino trait and that we cannot get rid of. With greater will and 
determination we know that we can overcome this malady. 
This bill is a giant step towards this direction. 
The instant bill seeks to penalize any public officer or employee 
who fails to act on applications for permits, retirement benefits or 
compensation and the grant of any privilege, right, award, license, 
concession, or for modification, renewal or extension, payment or release 
of, money for services rendered, or for supplies and materials delivered, or 
activities and transactions or other routinary matters. 
Covered under this bill are government owned and controlled 
corporations, 
offices under the executive department 
and local 
government units, except elective officials from the President down to 
municipal councilors, members of the judiciary, and matters that require 
public hearings. 
A ten (IO) day deadline is set for action on any pending 
applications, after which the same shall be considered approved if 
unacted upon within the specified deadline. If an application is rejected, 
the official concerned shall be requiied to state the reasons for the 
rejection, stating the particular law, regulation, department order of 
issuance involved. 
The provisions of this bill are designed to prevent opportunities for 
corruption by requiring immediate action and detailing the procedure in 
handling an application. 
The bill will not only bear against the “lagay” system but will 
promote efficiency in government and give a better deal to the long- 
suffering public whose papers are often ignored for long periods. 
Passage of this bill is therefore a matter of urgency. 


SEN 4TE 
THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
s E N A @ T  
E 
Introduced by Senator Juan M. Flavier 
AN ACT 
TO 
PREVENT 
GRAFT 
AND 
CORRUPTION 
AND 
IMPROVE 
GOVERNMENT 
SERVICES 
TO 
THE 
PEOPLE 
BY 
CUTTING 
GOVERNMENT BUREAUCRATIC RED TAPE 
Be it enacted by the Senate and House of Representatives of the 
Philippines in Congress assembled: 
SECTIONI. Short Title. - This Act shall be known as the “Anti-Red 
Tape Act”. 
SECTION 2. Coverage. - This Act shall apply to all government 
offices and agencies, including local government units and government- 
owned or controlled corporation with original charter: Provided, however, 
That the President, Members of Congress, Justices and Judges, and other 
elective officials up to the municipal’ level shall be exempt from the 
coverage of this Acts: Provided, further, That the preceding exemption 
shall not apply to the offices and staff of the said government officials. 
SECTION 3. Definition of Terms. -As used in this Act, the term - 
a) “Routinary Matters” are those which are normally and regularly 
processed in all offices of the government such as but not limited to 
applications for any privilege, right, benefit, permit, award, license, 
concession, or for any modification, renewal or extension thereof, 
or for payment or release of money for services rendered, or for 
supplies and materials delivered, or any and all subject matter, 
activities or transactions which are acted upon in the ordinary 


course of business of the department, office or agency concerned: 
Provided, That all the requirements, qualifications, terms and 
conditions for their availment have already been prescribed by their 
respective offices: Provided, further, That priority shall be given to 
matters which directly affect public interest. 
b) “Master List” is the compiled list bf all routinary matters in all offices 
of the government. 
c) “Action Time” means the period of time within all routinary matter 
should be acted upon. 
The action for each routinary matter 
pertinent to the particular office of government shall be determined 
by the Intra-Department or Office Committee established for this 
purpose and approved by the implementing authority. 
The 
prescribed action time for each government agency shall be posted 
in all conspicuous places of the government agency or office 
concerned. 
d) “Intra-Department or office Committee” is a committee within the 
department or office created for the principal purpose of 
determining the action time for each routinary matter being handled 
by the concerned government agency, subject to the joint approval 
of the Civil Service Commission and the Office of the Ombudsman. 
e) “Red Tape” shall refer to any act or omission committed by a 
government official or employee resulting n the delay or inaction on 
5 
a paper, document, application, request or transaction before any 
government agency, contrary to the action time prescribed for the 
purpose. 
SEC. 4. Action Time for Routinary Matters. - 
a) The action time for each routinary matter shall be prescribed by the 
Intra-Department or Office Committee in all government agencies, 
subject to the approval of the Fivil Service Commission and the 


Office of the Ombudsman, but in no case beyond ten (IO) working 
days from receipt of the application, request and / or petition. 
b) All written communications rhquiring official action shall be 
acknowledge by letter within three (3)working days from it’s receipt, 
specifying the action time applicable tot the particular case, as well 
as other requirements necessary for, and other information 
pertinent to, its proper disposition: Provided, That the particular 
case requiring official action is properly within the jurisdiction of the 
concerned government office. 
c) Any written request for action shall be deemed approved if the 
same is not acted upon by the officer or employee to whom the 
request appertains within a period of ten (IO) working days from 
receipt the reof. 
SEC. 5. Guidelines for General Application on Routinary Matters. 
- The following guidelines shall apply to all offices of government covered 
under this Act: 
ii 
All requirements, of any privilege or right must be reasonable 
and stated simply and clearly. Requirements that are arbitrary, 
unreasonable or impossible to comply with shall not be 
I. 
prescribed. 
When printed official forms are required to be accomplished and 
submitted by an interested party, said, forms must specify which 
blanks or spaces are mandatory, therefore, must be correctly 
answered or filled up. They must also specify the blanks or 
spaces which are merely directory and, therefore, if wrongly 
answered or filled up, will not adversely affect the outcome of 
the applications. 
must he clearly and simply stated. 
Moreover, the requirements in said forms 


c) The government office concerned shall post in its building, 
visible to all, in big readable letter all the necessary 
requirements and information as well as the procedure for the 
issuance location of offices and officers concerned. 
d) When an application for extension or renewal of an existing 
privilege or right together with all required documents and fees, 
if any, are timely filed and paid, said applications shall be given 
priority of attention and decision, and a shorter specific action 
time than that prescribed for original applications shall be 
prescribed. 
Without prejudice to the criminal and administrative liabilities 
herein provided, when a particular office of government fails to act 
upon any application for the renewal or extension of any privilege or 
right, provided that such application and the fees, if any, were 
timely filed and paid and pending final action, the privilege or right 
sought to be renewed or extepded expires, the holder of such 
privilege or right shall continue to operate his business under the 
same terms and conditions granted under the expired privilege or 
right as though a provisional permit to continue operations has 
been granted, until the concerned government agency finally acts 
upon the application for renewal or extension. 
e) Any written action or decision taken on routinary matters must 
contain not more than three (3) signatories and in no case shall 
the number of signatories be increased. In the absence of the 
authorized signatory, the official next-in-rank or officer-in-charge 
or the person duly authorized signatory and in his behalf. 
9 In case of disapproval of any application and / or petition 
involving a routinary matter, the reasons therefore shall be 
clearly stated or enumerated by the disapproving authority, 


citing the particular law, regulation, department or administrative 
order of issuance relied upon. 
g) All government offices cover92d by this Act shall keep a record 
book where, among other entries, the following must clearly 
appear: 
I) 
The subject matter as classified in the master list; 
2) The date of receipt; 
3) Name of application firm or entity and person signing the 
document; 
4) The specific action time as prescribed by the Intra- 
department or Office Corr:mittee; 
5) The action taken in the particular office; and 
6) The office to which the papers have been forwarded, the 
date hereof, and the receiving employee in said office. 
Said record book shall clearly show the names and initiates of all 
employees involved in filling it up facilitate tracing and pinpointing of 
responsibility. There shall be designated an employees who shall be in 
charge and keep custody of the said record book. 
SEC. 6. 
Creation of Intra-Department or Office Committee. - 
Within seven (7) days from the electricity of this Act, there shall be created 
in all government offices covered in this Act, an Intra-Department of Office 
Committee, as ttle case may be, to be composed of officials and divisions 
chiefs chosen by the Department Secretary or Head of Office to perform 
the following duties and functions: 
a) Determine the specific action time for every routinary matter handled 
by their agency, subject to the approval of the Civil Service 
Commission and the Office of the Ombudsman; 


Compile and submit to their respective heads or chiefs executives for 
approval, a master list of all routinary matters being normally or 
regularly acted upon by their respective offices. Under each routinary 
matter in the master list shall be enumerated all the requirements, 
qualifications, terms and conditions for its availment. For this purpose, 
all interested persons, civic, professional or business organizations 
that regularly transact or do business with the particular office 
concerned, may take representations for the inclusion of other matters, 
subjects, transactions, or applications that might be overlooked or 
inadvertently omitted from the master list; 
Study and periodically review the existing system and procedures in 
their respective offices for the purpose of further shortening the specific 
action time and I or doing away with unnecessary forms and further 
simplifying necessary ones; 
Study and periodically review the rules and regulations in the 
implementations of this Act, and submit possible amendments and 
changes thereto to the Civil Service Commission and the Office of the 
Ombudsman pursuant to this Act; 
Conduct a periodic review of the master list and determine what 
matters may still be included or excluded therein; 
Conduct a periodic review of all requirements, qualifications, terms and 
conditions prescribed for every routinary matter in their respective 
offices so as to do away with unnecessary requirements and I or 
oppressive and arbitrary terms and conditions; 
Prepare a chart indicating the flow of documents for every type of 
routinary matter from the time of their receipt in a particular office, 
indicating the various officers and employees through which they shall 
pass, up to the time that they shall reach the final approving or 
disamrovina authority. The aforeGaid chart shall be consDicuouslv 


posted in every government office covered by this Act. Upon request a 
copy of said chart shall be furnished at cost to any interested person, 
firm or entity; and 
h) Convene periodically so as to effectively discharge its functions and 
duties. 
SEC. 7. Penalties. - Any public official or employee committing 
any violation of this Act shall suffer the penalty of imprisonment ranging 
from two (2) to Fix (6) years and dismissal from the service with forfeiture 
of all benefits arising from his employment: Provided, however, That the 
foregoing act or omission contemplated herein shall likewise be a cause 
for filing of appropriate administrative charges. 
SEC. 8. Competent Courts. - Unless otherwise provided by law, 
all prosecution under this Act shall be within the original jurisdiction of the 
municipal or city trail courts. 
SEC. 9. Prescription of Offenses. - All offenses punishable under 
this Act shall prescribe in five (5) years from discovery of offense. 
SEC. I O .  Rules and Regulations. - The Civil Service Commission 
shall, in consultation with the Office of the Ombudsman, and within a 
period of three (3) months from the efikxtivity of this Act, promulgate the 
necessary rules and regulations to implement this Act. A copy of said 
rules and regulations, including subsequent amendments thereto, shall be 
submitted to Congress within fifteen (1 5) days after its promulgation. 
SEC. 1 I. 
Administration and Implementation. - The Civil Service 
Commission ana the Office of the Ombudsman shall jointly administer and 
implement the provisions of this Act. 
The Commission and the 
Ombudsman may suspend implementation of the prescribed action time 
upon formal recommendations of the head of office concerned, whenever 
the national interest and security of the State s require. Said suspension 
may be lifted when deemed proper and necessary. 


SEC. 12. Liability Escape Clause. -When it becomes physically 
impossible to comply with the action time for a particular routinary matter 
due to an increase in the volume of transaction, or decrease in the number 
of personnel, or any other similar cause, fhe head of office shall, under 
oath, certify to the Office of the Ombudsman as to the physical 
impossibility of such compliance. 
Without prejudice to any possible criminal liability on the part of the 
certifying officer, such certification shall free the official or employee 
concerned from any criminal liability under this Act. 
The certification shall state the particular reasons for the physical 
impossibility, the nature of the limitation to comply with the prescribed 
action time, arid the additional time needed for a particular routinary 
matter to be acted upon, as the case may be. 
i 
Said certification shall then become the basis for the issuance of a 
new action time, which approval, shall give rise to the penal sanction 
herein provided. 
SEC. 13. Repeating Clause. - 
a) Subsection (9, Section 2 of Republic Act No. 3019 is hereby 
repealed. 
b) All laws, presidential decrees, letters of instruction and other 
presidential issuance’s that are contrary to the inconsistent with 
this Act are hereby repealed. 
SEC. 14. Separability Clause. - Should any provision hereof be 
declared unconstitutional by the courts, such declaration shall not affect 
the validity of the remaining provisions of this law. 
SEC. 15. Submission of Annual Accomplishment Report. 
a) All government offices covered under this Act, shall, within forty- 
five (45) days from the end of the year, submit a full and 
complete report of performance, accomplishments, and / or 


compliance to the Civil Service Commission and the Office of 
the Ombudsman, in accordance with this Act. 
b) The said reports shall then be included and submitted to the 
Civil Service Commission and the Office of the Ombudsman in 
their annual accomplishment reports, to the Office of the 
President and the Congress of the Philippines. 
SEC. 16. Effectivity. - This Act shall take effect fifteen (15) days 
after the publication in two (2) newspapers of general circulation. 
Approved,