9485 Anti Red tape

• SECTION 1. Short Title. This Act shall be known asthe "Anti-Red Tape Act of 2007".
• SEC. 2. DecIaration of Policy. - It is hereby declared the policy of the State to promote integrity, accountability, proper

  management of public affairs and public property as well as
• SEC. 3. Coverage. - This Act shall apply to all

  government offices and agencies including local government units and government-owned or -controlled corporations that provide frontline services as defined in this Act. Those performing judicial, quasi-judicial and legislative functions are excluded from the coverage of this Act.
• SEC. 4. Definition of Teur~s. - As used in this Act, the

  following terms are defined as follows:

  (a) ”simple Transactions” refer to requests or

  applications submitted by clients of a government office or agency which only require ministerial actions on the part of the public officer 01% employee, or that which present only inconsequential issues for the resolution by an officer or employee of said government office
• (c) “Frontline Service” refers to the process ortransaction between clients and government offices or agenciesinvolving applications for any privilege, right, permit, reward,license, concession, or for any modification, renewal orestensioii of the enumerated applications and/or requests whichare acted upon in the ordinary course of business of theagency or office concerned.
• (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, such transaction to be determined by the office concerned.
• (d) ‘Action” refers to the written approval or disapproval ’made by a government office or agency on the application request submitted by a client for processing.
• (e) “Officer or Employee” refers to a person employedm a government office or agency required to perform specificduties and responsibilities related to the application or requestsubmitted by a client for processing.
• (0 “Irrelevant requirements” refer to any document or performance of an act not directly material to the resolution of the issues raised in the request or needed in the application submitted by the client.
• (9) ‘Fixer” refers to any individual whether or notofficially in:olved in the operation of a government office :iragency who has access to people working therein, and whetheror not in collusion with them, facilitates speedy coinpletioii oftransactions for pecuniary gain or any other advantage orcoiisideration.
• SEC. 6. Citizen’s Charter. - All government agencies

  including departments, bureaus, offices, instrumentalities, or

  government-owned and/or controlled corporations, or local

  government or district units shall set up their respective

  service standards to be known as the Citizen’s Charter in the

  form of information billboards which should be posted at the

  main entrance of offices or at the most conspicuous place, and

  in the form of published materials written either in English,

  Filipino, or in the local dialect, that detail:
• SEC. 5. Reengineering of Systems and Procedures. - All offices and agencies which provide frontline services are hereby mandated to regularly undertake time and motion studies, undergo evaluation and improvement of their transaction systems and procedures and re-engineer the same if deemed necessary to reduce bureaucratic red tape and processing time.
• • SEC. I. Accountability of the Heads of Offices andAgencies, The head of the office or agency shall be primarilyresponsible for the implementation of this Act and shall beheld accountable to the public in rendering fast, efficient,convenient and reliable service
• SEC. 8. Accessing Frontline Services. - The following

  shall be adopted by all government offices and agencies:

  (a) Acceptance of Applications and Requests -- (1)

  All officers or employees shall accept written applications,

  requests, and/or documents being submitted by clients of the

  office or agency.
• SEC. 9. Automatic Extension of Permits and Licenses.- If a government office or agency fails to act on anapplication and/or request for renewal of a license, perinit orauthority subject for renewal within the prescribed period, saidpermit, license or ::nthoritp shhll automatically be extendeduntil a decision OF resolution is rendered on the applicationfor renewal:
• Six. 10. Report Card Survey. - All offices and agencies providing front-liiic services shall be subjected to a Report Card Survey to be initiated by the Civil Service Commission, incoordination 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 agencies performing.
• • SEC. 11. Violations. After compliance with thesubstantive and procedural due process, the following shallconstitute violations of this Act together with theircorresponding penalties:
• Penalties for light offense shall be as follows:

  First Offense - Thirty (30) days suspension without pay and mandatory attendance in Values Orientation Program;

  Second Offense - Three months suspension without pay; and

  Third Offense - Dismissal and perpetual disqualification

  from public service.
• • SEC. 12.Criminal Liability for Fixers. In additionto Section ll(b), fixers, as defined in this Act, shall suffer thepenalty of iinprisonment not exceeding six years or a fineof not less than Twenty thousand pesos (P20,OOO.OO) butnot more than Two hundred thousand pesos (P200,000.00) orboth fine and iinprisonment at the discretion of the court.
• • SEC. 13. Civil and Criminal Liability, Not Barred. The finding of administrative liability under this Act shall not be a bar to the filing of criminal, civil or other related charges under existing laws arising from the same act or omission as herein enumerated.
• • Sllc. 14. Administrative ..Jiirisdiction. Theadministrative jurisdiction on any violation of the provisionsof tbis Act shall be vested iii cither the Civil SemlceCotiiinission (CSC), the Presidential Anti-Graft Cominissioi~(PAGCj OY the Office of the Oinbadsiiian as deteriniiied hyaplivopriate laws and issuances.
• • SEC. 15. Inim imiv; DiscIwEe of Co-Respolidelit/flccli~e~to be a GIGtness. Any public official or employee or anyperson having been charged with another under this Act andwho voluntarily gives inforiiiation pertaining to an investigationor who willingly testifies therefore, shall be exempt fromprosecution in the casels where hisiher inforniation andtestimony are given.
• • SEC. 16. Iinplementing Rules and Regulations. TheCivil Service Commission, in coordination with the DevelopmentAcademy of the Philippines (DAP), the Office of theOmbudsman and the Presidential Anti-Graft Commission(PAGC), shall promulgate the necessary rules and regulationswithin ninety (90) days from the effectivity of this Act.
• • SEC. 17. SeparabiIity Clause. If any provision of thisAct shall be declared invalid or unconstitutional, suchdeclaration shall not affect the validity of the remainingprovisions of this Act.
• • SEC. 18. Repealing Clause. All provisions of laws,presidential decrees, letters of instruction and other presidentialissuances which are incompatible or inconsistent with theprovisions of this Act are hereby deemed amended or repealed.
• • SEC. 19. Effectivity. This Act shall take effect within fifteen (15) days following its publication in the O&&l Gazette or in two national newspapers of general circulation.