THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
) 
5 FER 28 P 1 li.5 
First Regular Session 
) 
OF THE PHILIPPINES 
S E N A T E  
.LE 
F4ECEIVED BY :--.-----, 
1934 
S. B. No. 
Introduced by SENATOR EDCARDO J. ANCARA 
EXPLANATORY NOTE 
Bureaucratic red tape is an anathema. It is exemplified by the increasing 
propensity of government agencies or offices to over-regulate, to unnecessarily 
lengthen the procedures for securing basic government services, and worse, to 
require ”informal payments” or bribes, more commonly known as ”lagays,” as a 
condition to any action on an application or request submitted before it. 
This well-founded perception of inertia of government agencies and offices 
has not only frustrated the delivery of vital government services to the public, it has 
also made potential investors hesitant about doing business in the country. In fact, a 
survey by the World Bank and the Asian Development Bank (ADB) concluded that 
foreign firms used 4% of their revenues as bribe money, 1.8% for local firms, and 
3.8% for firms in special economic zones. 
In response to this need to professionalize government service, and 
consequently, facilitate business transactions, this measure is proposed. 
The bill seeks to require all agencies and offices that provide frontline 
services to regularly undergo evaluation and modernization of their transaction 
systems and procedures and to re-engineer the same if deemed necessary to cut red 
tape and expedite public service. 
Specifically, it proposes an action time of fifteen (15) and thirty (30) working 
days to settle simple and complex transactions, respectively. It limits the signatories 
to only the officers and employees directly supervising the office where a particular 
transaction is being acted upon. Further, it seeks to penalize any public officer of 
employee who fails to act on an application or request for a privilege or a right, or 
for a modification, renewal or extension thereof. 
It is hoped that the passage of this bill will ensure the efficient and effective 
delivery of government services by simplifying procedures as opposed to 
burdensome and complex regulations and requiring immediate action in the 
handling of government transactions and consequently, curb opportunities for graft 
and corruption. 
That said, I urge my colleagues in the Chamber to pass this bill. 
i 
k 
ED ARDO J. ANCARA 
Senator 


THIRTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
5 FEB 28 P I  :T:s 
S
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Introduced by SENATOR EDGARDO J. ANGARA 
AN ACT TO PREVENT GRAFT AND CORRUPTION 
BY PROVIDING MECHANISMS TO CUT BUREAUCRATIC RED TAPE 
IN THE DELIVERY OF BASIC GOVERNMENT SERVICES. 
Be it enacted by the Senate and House of Representatives of the Philippines 
in Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Anti-Red Tape 
Act of 2005.” 
SECTION 2. 
Declaration of Policy. It shall be the policy of the State to 
render prompt, efficient and honest service to the people and take positive measures 
against graft and corruption. 
Towards this end, all government offices and agencies providing frontline 
services are hereby mandated to regularly undergo evaluation and modernization of 
their transaction systems and procedures and to re-engineer the same, whenever 
necessary, to cut bureaucratic red tape and to ensure the effective delivety of basic 
services to the public. 
SECTION. 3. Coverage. - This Act shall apply to all government offices and 
agencies, including local government units (LCUs) and government-owned or 
controlled corporation (GOCCs) with original chatter, except those agencies and 
offices that exercise judicial, quasi-judicial and legislative functions. 
SECTION 4. Definition of Terms. - For purposes of this Act, the term - 
a) Simple Transactions” shall refer to requests or applications ordinarily and 
regularly submitted by clients to a government office or agency which 
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agency or office concerned; 
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d) “Action” refers to the written approval or disapproval made by a government 
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office or agency on the request or application by a client for processing; 
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e) “Action Time” shall refer to the period of time within which simple and 
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complex transqctions shall be acted upon. The prescribed action time for 
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each government agency shall, among others, be posted in the main 
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g) “Additional unnecessary requirements” shall refer to documents which 
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contain information not directly material to the resolution of the issues 
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presented by the request or application submitted by the client; 
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h) “Fixer” is a person who is no officially involved in the operations of a 
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particular government agency but has access to people working therein and, 
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in collusion with them, facilitates speedy completion of transaction without 
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complying with the regular rules and procedures of said office in 
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SECTION 5. Citizen’s Charter. All government offices, departments, bureaus, 
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agencies and 
intrumentalities, 
including government owned or controlled 
provide frontline services and require resolution or action on only minor 
issues from an officer or employee of said government agency or office; 
b) “Complex transactions” shall refer to requests or applications submitted by 
clients of a government office or agency which require resolution or action 
on complex issues by an officer or employee of said government office; 
c) “Frontline Services,” refers to matters involving clients and government 
offices and agencies 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 such other transactions or 
activities which are acted upon in the ordinary course of business of the 
entrance of the office, or in two (2) of the most conspicuous places within 
d 
the premises of the government agency or office concerned; 
“Officer or Employee” shall refer 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; 
f) 
consideration of pecuniaty gain; and 
“Red Tape” shall refer to any act or omission committed by a government 
official or employee resulting on the delay or inaction on a paper, document, 
application, request or transaction before any government agency, contrary 
to the action time prescribed for the purpose. 
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corporations (GOCCs), or local government units (LGUs) shall set up its Citizen’s 
Charter, either in the form of information billboards, which shall be posted at the 
main entrance of the office or two (2) of the most conspicuous places within the 
premises, or in the form of pamphlets, brochures, or published handbooks written 
either in English, Filipino, or in the local dialect, that shall detail: 
a) the step-by-step procedure to obtain a particular service; 
b) the location of the officer or Office window, room or person / s responsible 
for each step; 
c) the necessary requirements to be presented by the client, including 
documents and fees: Provided, however, All requirements of any privilege or 
right must be reasonable and stated simply and clearly; Provided, further, All 
printed official forms required to be submitted must specify which blanks or 
spaces are mandatory, and hence, must be answered or filled up; 
d) the procedure for filing complaints in case of violation of the provisions of 
the Citizen’s Charter. 
SECTION 6. Function of the Head of Government Agencies and Offices 
Providing Frontline Services. The Head of the government agency or office shall be 
responsible to the public in rendering prompt, efficient, and reliable service. Further, 
they shall perform the following duties and functions: 
a) Study and periodically review the existing system and procedures in their 
respective offices for the purpose of further shortening the action time and / 
or further simplifying the procedures for each particular transaction; 
b) 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; 
c) Conduct a periodic review of all requirements, qualifications, terms and 
conditions prescribed for every matter in their respective offices so as to do 
away with unnecessary requirements and/or arbitrary terms and conditions; 
h) Convene periodically to effectively discharge their functions and duties 
relative to the effective implementation of this Act. 
All transactions and processes are presumed to have been made with the 
permission or clearance from the highest authority having jurisdiction over the 
government office or agency concerned. 


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a) Acceptance of Applications and Requests 
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1. If submitted in person 
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All officers or employees shall accept written applications, 
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requests, and / or documents being submitted by clients of the 
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agency or office; 
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SECTION. 7. Guidelines for Accessing Frontline Services. The following 
shall be adopted by all government agencies and offices: 
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The responsible officer or employee shall acknowledge receipt of 
such application and / or request by writing or printing clearly 
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thereon his / her name, the unit where he / she is connected with, 
the time and date of receipt, the action taken in the particular 
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office, and the office to which the papers have been forwarded, 
and the receiving employee in said office, if applicable; and 
The receiving officer or employee shall perform a preliminary 
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assessment of the request if possible to promote a more 
expeditious action on requests. 
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2. If submitted via mail 
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2.1 All written communications requiring official action shall be 
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acknowledged thru a letter within three (3) working days from receipt 
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thereof, stating the action time applicable to that particular case, as 
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well as other requirements for its proper disposition. 
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In no case shall the absence of certain information in the application 
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and / or request or incomplete supporting documents be a valid ground for 
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an officer or employee to refuse acceptance of said application or request. 
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c) Action Time of Offices 
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b) Adoption o f Working Schedule 
The 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, during lunch 
break and even after regular working hours are attended to. 
1. All requests and / or applications submitted shall be acted upon by the 
assigned officer or employee during the period stated in the Citizens’ 
Charter which shall not be longer than fifteen (15) days in the case of 
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simple transactions and thirty (30) working days, in the case of complex 
transactions; 
2. Under extraordinary circumstances, the maximum action time prescribed 
may be extended: Provided, however, That the agency or office 
concerned shall notify the requesting patty in writing of the reason/s for 
the extension and the final date of release of the frontline service 
requested; 
In no case shall an application or request be given back to the 
client without any appropriate action being taken. 
3. 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 receipt of the said request and / or application, 
stating therein the reason for the disapproval including a list of the 
specific requirements that the client failed to submit. 
d) 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 officer or employee; 
2. The heads of agencies or offices 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. 
e) Denial of Application or Request 
Any denial of request or application for any privilege or right shall be 
in writing, stating therein the name of the person making the denial and the 
reason / s for such denial, citing the particular law, regulation, department or 
administrative order of issuance relied upon. 
SECTION 8. Automatic Renewal of Permits and Licenses. When a particular 
government agency or office fails to act on an application and / or request for 
renewal or extension of any privilege or right within the prescribed action time, the 
holder of such privilege or right shall continue to operate his / her business under 


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the same terms and conditions as are in the expired privilege or right until the 
authorized officer or employee shall have rendered a decision or resolution on the 
application for renewal: Provided, however, That the automatic extension shall not 
apply to any privilege or right on activities which are regulated by reason of public 
health safety. 
SECTION. 9. 
lmplementing Rules and Regulations. - The Civil Service 
Commission shall, in consultation with the Office of the Ombudsman, and within 
three (3) months from effectivity of this Act, promulgate the necessary rules and 
regulations for the effective implementation of this Act. 
A copy of the said rules and regulations, including subsequent amendments 
thereto, shall be submitted to Congress within fifteen (1 5) days after its promulgation. 
SECTION. IO. 
Administration and Implementation. - The Civil Service 
Commission and 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 office concerned, whenever the national interest and 
security of the States require. Said suspension may be lifted when deemed proper 
and necessary. 
SECTION. 11. Violations. The following shall constitute violations of this 
Act: 
a) Refusal, after due demand or request, without sufficient justification, to 
accept applications and / or requests or any document being submitted by a 
client; 
b) Neglect or failure to act on an application and / or request or to render 
frontline services within the prescribed action time; 
c) Failure to refer back to the client a request which cannot be acted upon due 
to lack of requirement / s; 
d) 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; 
e) Failure to give written notice to a client on the disapproval of an application 
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f) Imposition of additional unnecessary requirements other than those 
originally required; and 
g) Collusion with fixers, in consideration of some pecuniary or material benefit 
or advantage. 
SECTION. 12. Penalties. - Any officer or employee who violates the 
provisions of this Act shall suffer the following penalties: 
a) On the 1" offense, the penalty of suspension of not more than thirty (30) 
days; 
b) On the 2"d offense, the penalty of suspension of not less than one (1) month 
but not more than six (6) months; 
c) On the 3'd offense, the penalty of suspension of not less than six (6) months 
but not more than one (1) year; and 
d) On the 41h offense, the penalty of dismissal from service and perpetual 
disqualification from any public office; 
e) Any officer or employee who commits any of the acts enumerated in the 
preceding section in consideration of pecuniary gain or advantage shall, 
upon conviction, shall suffer the penalty of prision correccional in its 
maximum period, without prejudice to the filing of administrative charges, if 
deemed appropriate. 
SECTION. 13. Prescription of Offenses. - All offenses punishable under this 
Act shall prescribe in five (5) years from discovery of the offense. 
SECTION. 14. Competent jurisdicfion. - Any violation of the provisions of 
this Act shall be within the exclusive and concurrent administrative jurisdiction of 
the Offices of the Ombudsman and the Civil Service Commission. 
However, jurisdiction over the criminal aspects of this Act shall rest 
exclusively in the Office of the Ombudsman. 
SECTION. 15. Liability Escape Clause. - When it is physically impossible to 
comply with the prescribed action time for a request or an application due to an 
increase in the volume of transactions, or a decrease in the number of personnel, or 
any other similar cause, the Head of the government agency or office shall certify, 
under oath, to the Office of the Ombudsman as to the physical impossibility of such 
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Such certification shall free the official or employee from any criminal 
liability, without prejudice to any other liability that the certifying officer may be 
liable of. 
The certification shall state the ground / s for the physical impossibility of 
complying with the prescribed action time and the additional time required for a 
particular transaction to be acted upon. 
Said certification shall become the basis for the issuance of a new prescribed 
action time, which approval, shall give rise to the penal sanction herein provided. 
SECTION. 16. 
Annual Accomplishment Report All government agencies 
and offices covered under this Act shall, within thirty (30) days from the end of the 
year, submit a full report of their performance, accomplishments, and / or 
compliance to the Civil Service Commission and the Office of the Ombudsman, in 
accordance with this Act. 
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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. 
SECTION. 17. Repealing Clause. All laws, decrees, orders, issuances, rules 
and regulations deemed inconsistent with the provisions of this Act are hereby 
repealed or modified accordingly. 
SECTION. 18. 
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. 
SECTION. 19. 
Effectivity. - This Act shall take effect within fifteen (15) 
days after its full publication in the Official Gazette (OG) or in at least two (2) 
newspapers of general circulation. 
Approved, 
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