Ease of Doing Business

• Republic Act No. 11032


  Ease of Doing Business and Efficient Government Service Delivery Act of 2018
• Republic Act No. 11032 was enacted


  May 28, 2018
• Implementing Rules and Regulations (IRRs)


  Promulgated and issued as joint Memorandum Circular No. 2019-001 to guide all concerned departments, offices, agencies, and stakeholders, in the implementation of R.A. No. 11032
• Local Government Units


  • Provinces
  • Cities
  • Municipalities
  • Barangays
  • Autonomous regions
• Major regulations


  Regulations that have substantial, widespread impact on the economy and/or affect a large number of businesses or communities
• Ministerial


  An act or duty which an officer or tribunal performs in a given state of facts, in a prescribed manner, in obedience to the mandate of a legal authority, without regard to or the exercise of his own judgment upon the propriety or impropriety of the act done
• National Government Agency (NGA)


  A unit of the National Government
• Negative List


  Contains the names of establishments that have outstanding noncompliances with statutory requirements imposed by government agencies, including government-owned or controlled corporations such as the BFP, the SSS, and the Philippine Health Insurance Corporation (PHIC) and other regulatory agencies and local government departments, which will trigger an action from the LGU to inform the establishment to act on the non- compliance findings within fifteen (15) working days from receipt of notice
• Non-business transactions


  All other government transactions not falling under Rule I, Section 4 (o) of these Rules and Regulations
• Office


  Any major functional unit of a department or bureau including regional offices. It may also refer to any position held or occupied by individual persons, whose functions are defined by law or regulation
• Officer


  A person whose duties, not being of a clerical or manual nature, involves the exercise of discretion in the performance of the functions of the government. It includes any government employee, agent, or body having authority to do an act or perform a particular function in the exercise of governmental power
• Permit


  A permission evidenced by a certificate issued by the concerned government agency or instrumentality
• Prescribed processing time


  The period prescribed by the government agency stated in their Citizen's Charter which shall not exceed the maximum period of the three (3), seven (7); and twenty (20) working days to complete a process, as defined by Rule I, Section 4, Par. (yy) hereinafter indicated, based on the classification of transactions, unless otherwise indicated in special laws or these Rules. It shall also include the period when a transaction has been extended for justifiable reasons
• Primary License


  A privilege evidenced by a certificate or document issued by a licensing authority permitting an applicant or requesting party to engage, operate, or start a business
• Privilege


  A special right or advantage granted only to a particular person or group of people. It is a particular and peculiar benefit or advantage enjoyed by a person, company, or class, beyond the common advantages of other citizens
• Processing time


  The time consumed by all government offices and agencies covered under Section 3 of this Act from the acceptance of an application or request with complete requirements, accompanying documents, and payment of fees, up to the issuance of certification or such similar documents approving or disapproving an application or request
• Proportionality rules


  Rules which require the balancing of risks and benefits against costs of supervision and enforcement of the regulation
• Red tape


  Any regulation, rule, or administrative procedure or system that is ineffective or detrimental in achieving its intended objectives and, as a result, produces slow, suboptimal, and undesirable social outcomes
• 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 activity or modify behavior
• Regulatory agencies


  • Bureau of Fire Protection (BFP)
  • Department of Trade and Industry (DTI)
  • Food and Drug Administration (FDA)
  • Securities and Exchange Commission (SEC)
  • Department of the Environment and Natural Resources (DENR)
  • Other government agencies vested with regulatory powers
• Regulatory Impact Assessment (RIA)


  A tool to design and evaluate policies, laws, and regulations that are targeted, proportionate, accountable, transparent and consistent. It involves a systematic process that examines the expected consequences of a range of alternative policy options that could be used to address a particular policy problem or issue
• Report Card Survey


  An evaluation tool that provides a quantitative measure of actual government service user perceptions on the quality, efficiency and adequacy of different government services, as well as a critical evaluation of the office or employee. It is an instrument that also solicits user feedback on the performance of government services, for the purpose of exacting public accountability, and when necessary, proposing change
• Rewards and Incentives


  A sum of money or other forms of recognition conferred to agencies, officers, and/or employees for exemplary performance and/or initiatives
• Right


  A moral or legal entitlement to have or to obtain something or to act in a certain way
• Secondary License


  A privilege evidenced by a certificate or document issued by a licensing authority permitting an applicant or requesting party to engage, operate or continue with the operation of a business with ancillary, incidental or additional purpose
• Simple transactions


  Applications or requests submitted by applicants or requesting parties of a government office or agency which only require ministerial actions on the part of the public officer or employee, or that which present only inconsequential issues for the resolution-by-an-officer or employee of said government office
• Stage


  A specific and distinct step in a defined work process which involves the application of special or highly technical skills, compliance with procedural requirements under special laws, or compliance with obligations pursuant to international obligations
• Technology-neutral platform


  The platform should not impose preferences for or against specific kinds of technology
• Time-and-motion study


  A tool to track the progress of customer interface, processing, queuing and waiting times, and linked processes that are within and beyond the control of the service office. It is an essential step in the process mapping of services for the formulation and/or updating of the Citizen's Charter
• Websites


  A collection of interlinked Web pages that share a single domain name and provide information and services to the citizens. For the purposes of this Act, websites may also refer to web pages or sectoral pages maintained by cities and municipalities and other government agencies in the National Government Portal (www.gov.ph)
• Whole-of-Government Approach


  The ability of government agencies to work together. It also refers to the change-in-emphasis away from structural devolution, disaggregation, and single-purpose organizations towards a more integrated approach to public service delivery characterized by seamless government transactions, integrated policy design and implementation across several agencies, inter-operability of government processes, horizontal coordination, and strengthened linkages among government units
• Working day


  A day where officers and employees are required to render work
• The provisions of the Act and these Rules and Regulations shall apply to all government offices and agencies in the Executive Department including local government unit (LGUs), government-owned or controlled corporations and other government instrumentalities, located in the Philippines or abroad, that provide services covering business-related and nonbusiness transactions as defined in these Rules
• The Act and these Rules and Regulations shall cover business-related and nonbusiness transactions referring to permitting, licensing, and the issuance of any privilege, right, reward, clearance, authorization, or concession, including frontline services enrolled in the existing Citizen's Charter, whether or not related to business, corresponding back-end/support services, and regulatory functions related to permitting, licensing, and the issuance of a privilege, right, reward, clearance, authorization or concession
• The initial list of all the permits, licenses, and issuances pertaining to any privilege, right, reward, clearance, authorization, or concession that shall be covered by the Act and these Rules shall be issued in accordance with Section 10 of the Act. The list may be reviewed and updated as may be necessary
• The Act and these Rules and Regulations shall respect and observe international laws, rules and regulations as well as the treaties, international, or executive agreements to which the Government of the Philippines is a signatory
• All government agencies including local government units (LGUs) shall adopt a zero-contact policy. Public officials and employees shall limit interactions with an applicant or requesting party to the preliminary assessment and evaluation of sufficiency of submitted requirements of an application or request, unless such interaction is strictly necessary for the processing of the request or application
• For the effective implementation of the "zero-contact policy," electronic submission of applications, requests and/or payments is preferred, where available. The government official or employee shall communicate with the applicant through e-mail, any other electronic means of communication or the websites of the government agencies concerned, whenever practicable
• The Department of Information and Communications Technology (DICT) shall launch a web-based software enabled business registration system, through which all government transactions with the public shall be coursed
• Interactions between the government official or employee and the applicant shall be allowed for payment of application and other fees in case the government agency or office does not have an electronic/online payment facility or the applicant or requesting party prefers over-the-counter payment, provided that payment shall be made in the Cashier's Office and that an Official Receipt (OR) shall be issued immediately