wa nernksen
Pace
RECEIVED @

Republic of the Philippines f’
HOUSE OF REPRESENTATIVES

Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No.9093

INTRODUCED BY REPRESENTATIVE ARTHUR C. YAP

EXPLANATORY NOTE

Among the 10-Point Socio-Economic Program of President Rodrigo
Roa Duterte is improving the ease of doing business through more efficient
and responsive governance.

At present, it takes 16 procedures to navigate and an average of 29
days to start a business in the Philippines. Compared to our other ASEAN
neighbors in the “Ease of Doing a Business” ranking, the Philippines has
performed poorly. As of June 2016, Philippines ranked 24" out of 26
countries in East Asia and Pacific in the “Starting a Business” category,
while ranking 15" out of 26 countries (when averaged with the “Dealing
with Construction Permits” category”). The low ranking not only reflects the
possibility of lower foreign direct investments but also as a barrier to local

micro, small and medium enterprises (MSMEs) growth and development.

The difficulty in obtaining business permits and licenses required in
setting up businesses coupled with the short validity period add burden to

the business community.

This bill aims to increase participation and promote the growth of
business, especially MSMEs, by providing for the automatic approval and
release of business permits upon the lapse of thirty days of inaction,


provided that all necessary documents have been submitted. The validity
period of the said permits should also be valid for a period of one year from
the date of issuance instead of the current practice of setting the expiration at

the end of the fiscal year the said permit was filed.

Reducing barriers to business formalization can stimulate enterprise
growth and create decent work opportunities. A bigger formal economy
would mean a higher tax base thereby potentially increasing revenues for the
government. Formalization translates to higher quality, better pay and
sustainable employment as well as improve access to formal markets and

more productive resources such as capital and land.

The measure of a transparent government is the case by which citizens
get services from the government, especially with documents that must be

paid for.

This bill also seeks to establish the Ease of Doing Business
Commission which shall be the overall policy-making body on business
registration and regulatory management, and shall set the overall direction

for the implementation of the National Policy on Ease of Doing Business.

In view of the foregoing, approval of this bill is earnestly sough



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 5093

INTRODUCED BY REPRESENTATIVE ARTHUR C. YAP

AN ACT
ESTABLISHING A NATIONAL POLICY ON EASE
OF DOING BUSINESS, CREATING FOR THE PURPOSE
EASE OF DOING BUSINESS COMMISSION,
AND FOR OTHER PURPOSES

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

ARTICLE I
BASIC PRINCIPLES AND POLICIES

SECTION 1. Short Title. — This Act shall be known as the “
Doing Business Act of 2017”.

SECTION 2. Declaration of Policy. - Article Il, Section 20 of the
Constitution states that:

“The State recognizes the indispensable role of the private sector,

encourages private enterprise, and provides incentives to needed

investments.”
Pursuant to this, it is hereby declared the policy of the State to:

a) Provide a business environment that is conducive to the establishment

and operation of businesses in the country;


30
31
Be:

b)

c)

Simplify business permit and licensing system procedures and
streamline the requirements at the national and local levels; and

Promote transparency in government with regard to business
registrations and other manner of transacting with the public to reduce
red tape and expedite permitting, licensing and other similar

transactions in government.

SECTION 3. Definition of Terms. — As used in this Act, the

following terms shall mean:

a)

b)

ts)

d

e

Applicant ~ any natural or juridical entity set to engage or engaged in
business who is applying for a license, clearance and/or permit;
Business Entity — any individual or juridical entity engaged in
business in the Philippines;

Business One-Stop Shop — an arrangement where a single common
site or location is designated for all concerned agencies in the
Business Permit and Licensing System to receive and process
applications for license, clearance and/or permit;

Business Permit- a document issued by the Office of the Local Chief
Executive of a city or municipality to a business entity allowing it to
legally operate in the locality within a prescribed period;

Business Registration — a set of regulatory requirements that a start-up
or business entity must comply with to engage in business, such as but
not limited to, collection or preparation of a number of
documentation, submission to government authorities, approval of
application submitted, and receipt of a formal certificate or
certificates, licenses, clearances, permits and similar documents which
confirm the eligibility to operate as a legitimate business entity;
Central Business Portal - a dedicated business Web portal that allows
start-up and business entities to access a one-stop or single-entry point
to submit applications and access business registration-related

information;


g) Charges — a pecuniary liability, as rents or fees against persons or
Property;

h) Clearance — a document in a form of a certificate issued by a
government agency and/or instrumentality to a business entity, which
is a requisite for their business operations and/or transactions as
required by law;

i) Complex application — application which necessitates inter-agency
collaboration or multi-department involvement in the resolution of
complicated issues by a business licensing, regulatory and/or
permitting office as required by law;

j) Fee — a reasonable charge fixed by law or local ordinance for the
regulation or inspection of a business or activity;

k) License — a permit or document issued by national government
agencies necessary for starting and pursuing a business such as but not
limited to primary license and secondary license,

1) Primary license or primary franchise — an initial issuance, authority or
certification accorded by a government agency and/or instrumentality
conferring a right to a business entity to engage in business
transactions and/or activities as required by law;

m) Processing Time — the time spent by an applicant from the submission
of an application with complete requirements, accompanying
documents and payment of fees to the receipt of a certification or such
similar documents approving or disapproving the application for a
license, clearance and/or permit;

n) Red tape - describes regulations and rules, administrative procedures
and systems that are not effective in achieving their intended
objectives and as a result produces suboptimal and undesired social
outcomes,

0) Regulation - 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 any business activity;


25
26
27
28
29

31
32

p) Secondary license and/or permit — a certification, authority or
accreditation issued to a registered business entity which authorizes
them to engage in business activities as required by regulatory laws:
and

q) Simple application — application which only requires ministerial
actions on the part of the business licensing and/or permitting office,
or that which presents only inconsequential issues for resolution by

the concerned office.

SECTION 4. Coverage. — Other laws notwithstanding, this Act shall
apply to all national government agencies and/or instrumentalities, and local
government units involved in the issuance of licenses, clearances and/or

permits to business entities.

ARTICLE I
BUSINESS PERMITTING AND LICENSING REFORMS

SECTION 5. Requirements for License, Clearance and/or Permit
Application— All national government agencies and local government units
issuing licenses, clearances and/or permit to business entities shall post a
comprehensive checklist of requirements for every type of license, clearance
and/or permit being issued. A uniform checklist of requirements required by
licensing and permitting offices issuing a similar license, clearance and/or

permit shall be established when applicable.

The checklist of requirements, step-by-step procedure and schedule of
fees for the issuance of a license, clearance and/or permit shall be
conspicuously posted in the premises of national and local government
licensing and permitting agencies and in the Business One Stop Shop or in
areas designated by cities/municipalities. The same information shall
likewise be posted online in the official website of national government
agencies and local government units and shall be linked to the Central

Business Portal.


eon

27
28
29
30

Business entities shall be limited to submitting only the requirements
provided in the checklist in the processing of an application. Provided,
however, That in cases where additional documents are required, the
business licensing and/or permitting office shall notify the applicant of the

reasons he must comply with the submission of such documents,

SECTION 6. Prescribed Processing time for License, Clearance
and/or Permit Applications. —National government agencies and local
government units involved in the processing and issuance of licenses,
clearances and/or permits to business entities shall process the application of
business entities and communicate the decision regarding approval or if the
application has been disapproved, along with comments or reasons for such

disapproval, within the prescribed processing time.

For business entities classified as Micro, Small and Medium
Enterprises (MSMESs) as defined in Section 3 of Republic Act No. 9501, the
prescribed processing time shall in no case be longer than three (3) working
days for simple applications and ten (10) working days for complex

applications from the time the application is received.

For special type of businesses that require clearances, accreditation
and/or licenses issued by government agencies including regulatory agencies
as provided for by law where technical evaluation or such necessary
condition is required in the processing of licenses, clearances and/or permits,
the prescribed processing time shall in no case be longer than thirty (30)
working days or as determined by the government agency or instrumentality

concerned, whichever is shorter.

A national government agency and/or instrumentality or local
government unit shall assign a unique identification number to an applicant
that shall become the identifying number for all subsequent business
registration-related transactions between the agency and the business entity.


23

24
25
26

28
29
30

A reference number for each business registration related transaction shall
also be provided to the applicant to track the status of an application,
whether manually or electronically submitted.

SECTION 7. Automatic Approval of License, Clearance and/or
Permit Applications. — An application for a license, clearance and/or permit
shall be deemed approved upon failure or inaction of the concerned national
government agency or local government unit to process and issue the
license, clearance and/or permit after the prescribed processing time has
lapsed without informing the applicant of the error, omissions and/or
additional documents required for submission. Provided, That all required
documents have been submitted and all required fees and charges have been

paid.

Provided, however, that in cases where the cause of delay is due to
force majeure or natural or man-made disaster which may result to damage
or destruction of documents, the prescribed processing time in the preceding

Section shall be suspended and appropriate adjustments shall be made.

Provider further, That if the application for license, clearance and/or
permit shall require the approval of the Sangguniang Bayan in the case of a
municipality, Sangguniang Panlungsod in the case of a city or Sangguniang
Panlalawigan in the case of a province, and the respective Sanggunian has
denied the application, such case shall be exempt from the operation of
Sections 6 and 7 of this Act.

SECTION 8. Extension of License, Clearance and/or Permit
Applications. - The prescribed processing time for license, clearance and/or
permit applications may be extended for a reasonable period when
extraordinary due diligence in reviewing the qualifications and merit of the
application is required. Provided, that the processing time shall only be
extended once. Provided further, that the concerned national government

agency or local government unit shall inform the applicant prior to the lapse


20

21
22
23
24
25

26
27
28
29

of the prescribed processing time that an extension is required in evaluating
the application.

SECTION 9. Requirements for Business Permit Application. — 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 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
local government unit requirements as the case may be, including the fire

clearance from the Bureau of Fire Protection.

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.

SECTION 10. Validity of Business Permit. - 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.

SECTION 11. Computerized or Software-enabled Business Permit
and Licensing System— Cities/municipalities shall, as far as practicable,
automate their business permitting and licensing system (BPLS) or set up an
electronic-Business One Stop Shop within a period of one (1) year upon the

effectivity of this Act for a more efficient business registration.

The Department of Information and Communications Technology
(DICT) shall make available to qualified local government units the software
for the computerization of the BPLS. The DICT, Department of Interior and
Local Government (DILG) and the Department of Trade Industry (DTI)


19

20

21

22
23

24
25
26
27
28
29

shall provide technical assistance in the planning and implementation of a
computerized or software-enabled BPLS.

SECTION 12. Business One Stop Shop — 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 license,

clearance and/or permit applications shall be established.

Municipalities and cities without electronic mechanism for
submission and processing of permit, license and clearance applications
shall set up a BOSS. There shall be a queuing mechanism in the BOSS to
better manage flow of applications among the local government units’
departments receiving and processing applications, including the Bureau of
Fire Protection (BFP).

Cities and municipalities with online mechanism for submission and
processing of license, clearance and/or permit applications shall receive and
process applications electronically. Downloadable and unified application
form, comprehensive checklist of requirements, step-by-step procedures, and
schedule of fees shall be made available online in the cities/municipalities’

websites.

Provided, that 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.
Provided, further, that cities/municipalities which use manual signatures
shall designate alternative signatories in the absence of the authorized
approving authority. Provided, finally, That cities/municipalities with e-
BOSS shall develop electronic versions of licenses, clearances and/or
permits with the same level of authority, which may be printed by businesses

in the convenience of their offices.


I SECTION 13. Streamlined Procedures for Securing Fire Safety
2  Clearance— For the issuance of the Fire Safety Inspection Certificate

(FSIC), the following shall be adopted to make business permitting more

4 efficient:

5 a. Issuance of Fire Safety Clearance shall in no case be longer than thirty
6 (30) working days;

7 b. For new business permit application, the FSIC already issued during
8 the Occupancy Permit stage shall be sufficient as basis for the
9 issuance of the FSIC for a business entity as a requirement for the
10 business permit;

im c. For renewal of business permit, the BFP shall present the FSIC to the
12 city/municipality, either thru the copy of the FSIC or the
13 negative/positive list. Provided, That the business entity shall inform
14 the BFP and submit the necessary documentary requirements if
15 renovations, modifications or any form of alterations are made to the
16 original building structure thirty (30) days before the expiration of the
17 business permit;

18 d. If the BFP fails to furnish the city/municipality with the FSIC or

19 inform the same thru the negative/positive list, the business entity
20 shall be deemed to have a valid FSIC and therefore, the basis for the
21 renewal of the business permit;

22 e. The BFP or any of its officials or employees shall not sell, offer to
2B sell, or recommend specific brands of fire extinguishers and other fire
24 safety equipment;

25 f. The BFP shall co-locate with the BOSS or in an appropriate area

26 designated by the city/municipality within its premises to assess and
27 collect the fire safety inspection fees;

28 g. The BFP may enter into agreements with cities/municipalities
29 allowing the latter to be deputized as assessors and/or collecting
30 agents for the fire safety inspection fees; and

a


22
23
24
25
26

27

28
29
30
31

h. The BFP may 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 hereby amended

accordingly.

SECTION 14. Central Business Portal. To promote transparency
and sustain ease in doing business, the DICT shall establish, through the
Government Infrastructure, a cloud-native Central Business Portal or other
similar technology as the DICT may prescribe which, shall serve as a central
system to receive application and capture application data from business

entities.

The, Central Business Portal shall securely connect government
agencies, such as but not limited to the DTI, the Securities and Exchange
Commission (SEC), the Cooperative Development Authority (CDA),
regulatory agencies, and local government units to receive base or common
business applicant data or information required for each agency to process
applications, respectively, and through which each respective agency shall

securely generate and issue digitally signed business license document.

SECTION 15. Philippine Business Registry Databank, — Business
licensing and/or permitting agencies such as but not limited to the DTI, SEC,
CDA, BIR, and local government units shall access the Philippine Business
Registry Databank to verify the validity, existence and other information

relevant to a business entity.

The concerned national government agencies and all local
government units shall periodically submit to the system updates relative to
the information registered with them. The DICT, in consultation with the

concerned agencies, shall develop and manage the Philippine Business


31

Registry Databank and prescribe the data to be submitted by national
government agencies and local government units.

Submission of documents already provided by an applicant to an
agency with access to the Philippine Business Registry Databank shall no
longer be required by other agencies having similar access. The concerned
agency shall crosscheck and retrieve the required information or document
in the Philippine Business Registry Databank.

At the local government level, the City/Municipal BPLO shali not
require the same documents already provided by the applicant to the local
government departments in connection with other business-related license,
clearance and/or permits such as but not limited to tax clearance, occupancy

permit and barangay clearance.

SECTION 16. Regulatory Impact Assessment. — All proposed
regulations of national government agencies and local government units
shall undergo regulatory impact assessment to establish if the proposed
regulation does not add undue regulatory burden and cost to business entities

and national and local government agencies.

The Ease of Doing Business Commission, created under this Act, in
coordination with other national government agencies and local government
units, shall continue the review and repeal of existing executive issuances,
and recommend the repeal of existing laws and local ordinances which are
outdated, redundant, and adds undue regulatory burden to business entities.

ARTICLE I
INSTITUTIONAL STRUCTURES AND STRATEGIES

SECTION 17. National Policy on Ease of Doing Business.— There is
hereby established a National Policy on Ease of Doing Business which shall
refer to a comprehensive business registration and regulatory management

13


policy to improve competitiveness and case undue bureaucratic and

2 regulatory burden to business entities.

3

4

s

6 SECTION 18. Ease of Doing Business Commission. — To ensure the

7 attainment of the objectives of this Act, there is hereby created the Ease of
8 Doing Business Commission, herein referred to as the Commission, which

9 shall be organized withi

sixty (60) days after the effectivity of this Act.
10 The Commission shall be the policy-making body on business registration
11 and regulatory management and shall set the overall direction for the

12 implementation of the National Policy on Ease of Doing Business

14 The Commission shall be the lead agency in the implementation of
15 this Act and it shall be an attached agency to the Office of the President.

18 SECTION 19. Powers and Functions. - The Commission shall have

19 the following powers and functions:

20 a) Plan, implement, and oversee a national policy on ease of doing
21 business;

22 b) Receive complaints, institute investigations for violations of this Act;
23 c) Assist complainants in filing necessary cases without prejudice to the
24 jurisdiction of the Civil Service and the Ombudsman as the case may
25 be;

26 d) Facilitate the issuance of licenses, clearances and/or permit deemed
7 approve by virtue of Section 7 of this Act;

28 e) Compel or petition any government agency, instrumentality or local
29 government to issue the permit, license and/or clearance of business
30 entities deemed approved by virtue of Section 7 of this Act;

31 f) Periodically review and assess the country’s competitiveness
32 performance, challenges and issues;

i


g) Recommend policies, processes and systems to improve regulatory
management to increase the productivity, efficiency, and effectiveness
of permitting and licensing agencies;

h) Conduct regulatory management training programs to capacitate
national government agencies and local government units to comply
with sound regulatory management practices;

i) Prepare regulatory management manuals for all government agencies
and/or instrumentalities and LGUs;

j) Provide technical assistance, 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;

Enlist the technical assistance of other national government agencies
in the implementation of the powers and function provided for in this
Act;

m) Propose legislation, amendments or modifications to Philippine laws
related to ease of doing business;

n) Monitor and review the implementation of this Act including
compliance of all concerned agencies and LGUs with the policies set
herein;

0) Formulate and amend when necessary the Implementing Rules and
Regulations and the corresponding standards for good regulatory
discipline; and

p) Generally perform such acts ay may be necessary, to attain the

objectives of this Act.

SECTION 20. Composition of the Commission. The
Commission shall be composed of a Chairperson, the Secretary of the DTI
and the Secretary of the Department of Finance (DOF) as ex-officio


26
27
28
29

30
31

members, and one (1) private sector representative each for the MSME
sector and large industry sector.

The private sector representatives shall be citizens and residents of
the Philippines, of good moral character, of recognized probity and
independence and must have distinguished themselves in the business sector

they represent.

The ex-officio members of the Commission may designate their
respective alternates in a permanent capacity who shall be at least
Undersecretary in rank and their acts shall be considered the acts of their

principals.

SECTION 21. Term of Office. - The Chairperson and the two (2)
private sector representatives shall be appointed by the President of the
Philippines, shall serve for a term of three (3) years, and may be reappointed

once.

SECTION 22. Chairperson of the Commission.— The Chairperson
of the Commission shall be the head of the agency with the rank of a cabinet
secretary. The Chairperson shall be a citizen and resident of the Philippines,
of good moral character, of recognized probity and independence and must
have distinguished himself professionally in the fields of commerce,
domestic and international trade, management and other economic
disciplines. He shall preside over the meetings of the Commission. He shall
be the appointing authority of the employees and other officials of the

Commission as provided for in existing laws, rules and regulations.

SECTION 23. Secretariat of the Commission. — The Commission
shall establish a Secretariat to assist them in the implementation of this Act
and in the performance of their duties.

‘The Commission shall establish an organizational structure including
regional offices, as may be required to effectively carry out its powers and


22
23
24
25
26
27

functions. The staffing pattern and compensation schedule of the
Commission shall be drawn up in accordance with existing laws, rules and

regulations.

SECTION 24. Executive Director. — The Secretariat of the
Commission shall be headed by an Executive Director. He shall be
appointed by the President of the Philippines from the list of nominees
submitted by the Commission, shall serve for a term of three (3) years, and
may be reappointed once.The Executive Director shall be a citizen and
resident of the Philippines and must possess executive and management
experience of at least three (3) years and with considerable exposure in the
fields of commerce, domestic and international trade, and other economic

disciplines.
ARTICLE IV

VIOLATIONS, PENALTIES AND CRIMINAL LIABILI

SECTION 25. Violations. — The following shall constitute a violation

of this Act:

1, Refusal to accept application within the prescribed period or any
document being submitted by the applicant, Provided that all
required documents have been submitted and the necessary fees
have been paid;

2. Failure to refer back to the applicant an application which, cannot
be acted upon due to lack or incomplete requirements or non-
payment of required fees and/or charges within the prescribed
period;

3. Failure to act on an application despite the complete submission of
requirements and payment of required fees and/or charges within
the prescribed period:


28
29
30
31
32

4. Failure to give the applicant a written notice on the disapproval of
an application within the prescribed period or inform the applicant
of any error, omission and/or deficiency in the application;

5. Imposition of additional irrelevant requirements other than those

provided by the concerned agency and/or local government unit.

SECTION 26, Penalty. - Penalties for the violations of the preceding
section shall be as follows:
1. First offense ~ Thirty (30) days suspension without pay;

. Second Offense ~ Three (3) months suspension without pay; and

wn

. Third Offense — Dismissal and perpetual disqualification to hold
public office, cancellation of Civil Service eligibility, forfeiture of

retirement benefits and one (1) to six (6) years imprisonment.

Criminal liability will also attach once the violation was done
deliberately and maliciously with the purpose of harassing the applicant
and/or to solicit favor in cash or in kind. In such case, the provisions of the

Revised Penal Code shall apply and such other applicable penal laws.

SECTION 27. Persons Liable. -The head of office/agency or
supervising officer designated to be the authorized and/or final signatory to
the issuance of a license, permit and/or clearance shall be held liable and

accountable in the implementation of this Act.

SECTION 28. Jurisdiction. — The administrative jurisdiction on any
violation of the provisions of this Act shall be vested either in the Civil
Service Commission (CSC) and the Office of the Ombudsman whereas the
criminal jurisdiction shall be vested with the appropriate courts as specified

under applicable laws.


1 ARTICLE V

2 MISCELLANEOUS PROVISIONS

3

4

5 SECTION 29. Congressional Oversight Committee. — For the

6 effective implementation of this Act, there shall be created a Congressional
7 Oversight Committee on Ease of Doing Business, hereinafter referred to as
8 the Committee, to be composed of five (5) members from the Senate, which
9 shall include the Chairpersons of the Senate Committees on Trade and
10 Commerce and Entrepreneurship, Civil Service Government Reorganization
11 and Professional Regulation, and Economic Affairs; and five (5) members
12 from the House of Representatives which shall include the Chairpersons of
13 the House Committees on Trade and Industry, Civil Service Government
14 Reorganization and Professional Regulation, and Economic Affairs. The
1s Committee shall be jointly chaired by the Chairpersons of the Senate
16 Committee on Trade and Commerce and Entrepreneurship and the House of

17 Representatives Committee on Trade and Industry.

19 The Committee shall cease to exist five (5) years after its
20. organization. Its functions, duties and responsibilities together with all of its
21 records, shall be transferred to the Commission. Provided, That the
22 Commission shall periodically submit reports on the implementation of this
23 Act to Congress through the Senate Committee on Trade and Commerce and

24 Entrepreneurship and the House Committee on Trade and Industry.

26 SECTION 30. Appropriations. — The amount of Twenty million
27 pesos (P20,000,000) as initial funding for the Commission to be charged
28 against the unexpended Contingency Funds of the Office of the President is
29 hereby appropriated. Thereafter, the amount needed for the operation and
30 maintenance of the Commission shall be included in the annual General

31 Appropriations Act.

;


SECTION 31. Transitory Provision. — All business regulatory
management programs and business-related anti-red tape initiatives across
government agencies shall be rationalized and the management thereof shall
be transferred to the Commission. The DTI, the National Competitiveness
Council (NCC), DOF, the Development Academy of the Philippines (DAP),
the National Economic Development Authority (NEDA) shall submit to the
Commission a report of the status of their respective projects related to

business regulatory management.

The Commission, in consultation with the Competitiveness Bureau of
the DTI shall determine the composition of the temporary Secretariat of the
Commission. The teams/units involved in regulatory improvement and/or
ease of doing business-related programs of the DT1-Competitiveness Bureau
shall serve as temporary Secretariat of the Commission until such time that
its organizational structure is determined. Provided, That the DTI-
Competitiveness Bureau shall serve as Secretariat to the Commission for no

longer than six (6) months upon the effectivity of this Act.

SECTION 32. Transition from Manual to Software-Enabled
Business Registration. - The DICT, in coordination with the members of
the Commission, local government units and other concerned agencies, shall
within one (1) year after the effectivity of this Act develop the necessary
software and technology-neutral platforms and secured infrastructure for the

implementation of this Act.

SECTION 33. Implementing Rules and Regulations. — The
Commission, in consultation with concerned government agencies, private
sector, and other stakeholders, shall issue the implementing rules and
regulations of this Act within ninety (90) days after the effectivity of this
Act.

“20


SECTION 34. Separability Clause. — \f any part or provision of this
Act is declared as unconstitutional or invalid, the other provisions, which are
not affected, shall continue to be in full force and effect.

SECTION 35. Repealing Clause. — All laws, executive orders,
decrees, rules and regulations, or any part thereof inconsistent with the
provisions of this Act are deemed repealed, amended or modified

accordingly.

SECTION 36. Effectivity. — This Act shall take effect fifteen (15)
days after its complete publication in at least two (2) newspapers of general

circulation.

APPROVED,

21