Ra 11032 Irr

July 17, 2019
CSC-ARTA-DTI JOINT MEMORANDUM CIRCULAR NO. 001 S. 2019
THE IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO.

11032 OTHERWISE KNOWN AS THE "EASE OF DOING BUSINESS AND
EFFICIENT GOVERNMENT SERVICE DELIVERY ACT OF 2018"
WHEREAS, Article II, Section 27 of the Constitution provides that the

State shall maintain honesty and integrity in the public service and shall take
positive and effective measures against graft and corruption; HTcADC
WHEREAS, Republic Act No. 9485 otherwise known as the Anti-Red

Tape Act of 2007 was enacted on June 2, 2007 to eliminate red tape and to
simplify frontline service procedures, formulate service standards to observe
in every transaction, and make known these standards to the client;
WHEREAS, Republic Act No. 11032 otherwise known as the Ease of
Doing Business and Efficient Government Service Delivery Act of 2018 was
enacted on May 28, 2018, amending Republic Act No. 9485, to provide a
program for the adoption of simplified requirements and procedures that will
reduce red tape and expedite business and nonbusiness related transactions
in government;
WHEREAS, Section 18 of Republic Act No. 11032 sets its effectivity ". .
. fifteen days after its publication in the Official Gazette or in two (2)
newspapers of general circulation." R.A. No. 11032 was published in two (2)
newspapers of general circulation on 2 June 2018 and thus became effective
on 17 June 2018;
WHEREAS, Section 30 of Republic Act No. 11032 mandates the Anti-
Red Tape Authority with the Civil Service Commission (CSC), and the
Department of Trade and Industry (DTI), and in coordination with the
Department of Information and Communications Technology (DICT),
Department of Finance (DOF), Department of the Interior and Local
Government (DILG), National Economic and Development Authority (NEDA),
Philippine Statistics Authority (PSA), Cooperative Development Authority
(CDA), Securities and Exchange Commission (SEC), the Office of the
Ombudsman, Housing and Land Use Regulatory Board (HLURB), and the
Union of Local Authorities of the Philippines (ULAP) to promulgate the
necessary rules and regulations within ninety (90) working days from the
effectivity of Republic Act No. 11032;
NOW, THEREFORE, these Implementing Rules and Regulations (IRRs)
are hereby 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.
RULE I
General Provisions
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SECTION 1. Title. —
These Rules and Regulations shall be known as the
Implementing Rules and Regulations of Republic Act No. 1 1032, otherwise
known as the "Ease of Doing Business and Efficient Government Service
Delivery Act of 2018."
SECTION 2. Declaration of Policy. —
These Rules and Regulations are promulgated consistent with and in
furtherance of the State policy to promote integrity and accountability in
government service, to foster proper management of public affairs and
public property, to establish effective practices aimed at the efficient
turnaround in the delivery of government services, and the prevention of
graft and corruption in government.
To maintain honesty and responsibility among public officials and
employees, these Rules and Regulations hereby adopt, institutionalize and
support the promotion of transparency in the transactions of the government
with the public, encompassing a program for the adoption of simplified
requirements and procedures aimed at the reduction of red tape and to
expedite business and non-business related transactions in government.
SECTION 3. Construction and Interpretation. —
These Rules and Regulations shall be construed and interpreted in light
of the Declaration of Policy found in Section 2 of Republic Act No. 11032. Any
doubt in the interpretation of these Rules and Regulations shall be resolved
in a manner consistent with the policy of the State to promote integrity,
accountability, and proper management of public affairs and public property.
Doubt will be resolved in a manner that will establish effective practices,
aimed at efficient turnaround of the delivery of government services and the
prevention of graft and corruption in government. CAIHTE
SECTION 4. Definition of Terms. —

All the terms in Republic Act No. 9485, otherwise known as the "Anti-
Red Tape Act of 2007," not amended or altered by the Ease of Doing
Business and Efficient Government Service Delivery Act of 2018, shall retain
their respective meanings in these Rules and Regulations. In addition, the
term:
a) Act — refers to Republic Act No. 11032, otherwise known as
the "Ease of Doing Business and Efficient Government
Service Delivery Act of 2018";
b) Action — refers to the written approval or disapproval made
by a government office or agency on the application or
request submitted by an applicant or requesting party for
processing;
c) Agency — is any of the various units of the Government,
including a department, bureau, office, instrumentality, or
government-owned and controlled corporations (GOCCs), or a
local government or a distinct unit therein. This includes any
department, bureau, office, commission, authority or officer
of the National Government authorized by law or executive
order to make rules, issue licenses, and grant rights or
privileges; research institutions with respect to licensing
functions; government corporations with respect to functions
regulating private rights, privileges, occupations or
businesses;
d) Applicant or Requesting Party — with reference to the
Citizen's Charter, are those who availed and will avail of the
services provided by the concerned agency;
e) Applications or requests — are formal requests to an
authority for access to government service;
f) Authority — is the Anti-Red Tape Authority created under
Section 17 Republic Act No. 11032;
g) Authorization — means a permission embodied in a
document granted by an agency to a natural or juridical
person who has submitted an application for government
service in order to implement or sanction specific acts or to
engage in a particular line of business. The authorization can
take the form of a permit, a clearance, a license, a certificate
of registration, accreditation, compliance, or exemption, or
any similar document;
h) Barangay Clearance — shall refer to any and all
documents issued by the barangay with or without
corresponding fees as defined in their ordinances relative to
or in relation to the issuance of business permit and building
permit by the city or municipality or any other permit as may
be required;
i) Bureau — is any principal subdivision of the department
performing a single major function or closely related
functions;
j) Business One Stop Shop (BOSS) — a single common site
or location, or a single online website or portal designated for
the Business Permit and Licensing System (BPLS) of an LGU
to receive and process applications, receive payments, and
issue approved licenses, clearances, permits, or
authorizations;
k) Business Permit — is a document that must be secured
from the city or municipal government, usually through its
Business Permits and Licensing Office (BPLO), for a business
to legally operate in the locality;
l) Business Registration — refers to a set of regulatory
requirements that an entrepreneur must comply with, to start
operating a business entity in a city/municipality, including
but not limited, to the 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, permits, and similar
documents which confirm the eligibility to operate as a
legitimate business entity in the city or municipality;aScITE
m) Business-related transactions — a set of regulatory

requirements that a business entity must comply with to
engage, operate or continue to operate a business, such as,
but not limited to, collection or preparation of a number of
documents, submission to national and local government
authorities, approval of application submitted, and receipt of
a formal certificate or certificates, permits, licenses which
include primary and secondary, clearances and such similar
authorization or documents which confer eligibility to
operate, continue to operate, or to cease operation as a
legitimate business;
n) Certificate — is a document in which a fact is formally
attested;
o) Certificate of Fire Incidents for Fire Insurance — is a
document issued by the Bureau of Fire Protection (BFP) to a
fire victim in lieu of the Final Investigation Report (FIR) for
purposes of insurance claims and for other lawful
applications;
p) Citizen or Client — persons or entities whose interests and
values are addressed by a particular government service
and, therefore, includes not only the citizens of the Republic
of the Philippines, but also all the stakeholders, including but
not limited to, users, beneficiaries, other government offices
and agencies, and the transacting public;
q) Citizen's Charter — is an official document, a service
standard, or a pledge, that communicates, in simple terms,
information on the services provided by the government to
its citizens pursuant to Section 6 of Republic Act 11032. It
describes in detail the comprehensive and uniform checklist
of requirements for each type of application or request;
procedure to obtain a particular service; person/s responsible
for each step; maximum time to conclude the process;
document/s to be presented by the applicant or requesting
party, if necessary; amount of fees, if necessary; and
procedure for filing complaints;
r) Clearance — a formal authorization to pursue some lawful
purpose;
s) Complete requirements — are all the necessary or
appropriate documents that are required to be submitted
together with an application form by the applicant or
requesting party, which fully satisfy the formal and
substantive requirements of the relevant law. For processes
that involve several stages with different requirements per
stage, it is complete when the applicant or requesting party
has fully satisfied or submitted all the requirements
necessary for each stage, as enumerated in the Citizen's
Charter of the agency;
t) Complex transactions — applications or requests
submitted by applicants or requesting parties of a
government office which necessitate evaluation in the
resolution of complicated issues by an officer or employee of
said government office, such transactions to be determined
by the office concerned;
u) Compliance Cost Analysis — is the analysis of the costs
that are incurred by businesses or other parties at whom
regulation may be targeted in undertaking actions necessary
to comply with the regulatory requirements, as well as the
costs to the government of regulatory administration and
enforcement;
v) Concession or concession contract/agreement — it is a
contract between the government and a private individual or
entity that gives the latter the right to engage in certain
activities within the jurisdiction of the government, subject to
certain conditions;
w) Council — is the Ease of Doing Business and Anti-Red Tape
Advisory Council pursuant to Section 19 of RA 11032;
x) Electronic Signature — is any distinctive mark,
characteristic and/or sound in electronic form, representing
the identity of the person and attached to or logically
associated with the electronic data message or electronic
document, or any methodology or procedures employed or
adopted by a person and executed or adopted by such
person with the intention of authenticating or approving an
electronic data message or electronic document; DETACa
y) Employee — refers to a person who works for an agency

and occupies a position in either the first or second level
whose functions are not managerial in nature;
z) Final Complaint — issued by the Authority once all
investigations and processes have been completed and there
is a finding by the Authority that the Formal Complaint merits
the filing of proper case(s);
aa) Fire Safety Evaluation Clearance (FSEC) — is a
document issued by the BFP after payment of the required
fees prior to the issuance of the building permit, and the
balance, after final inspection and prior to the issuance of the
use and occupancy permit;
bb) Fire Safety Inspection Certificate (FSIC) — is a
document issued by the BFP after the conduct of Fire Safety
Inspection and payment of the required fees charged by the
building official, or by the Local Government, or by other
government agencies concerned in the granting of pertinent
permits or licenses;
cc) Fixer — any individual or a group of individuals, whether or
not officially involved in the operation of a government office
or agency, who has/have access to people working therein,
and whether or not in collusion with them, facilitates speedy
completion of transactions for pecuniary gain or any other
advantage or consideration.
Pecuniary gain or any other advantage or consideration
shall include, but not be limited to the following:
i. Receiving gifts or anything of monetary value as
payment for the services rendered;
ii. Gaining advantage in employment or promotions;
iii. Asking for sexual favors in exchange for any request;
iv. Securing a loan from the applicant or requesting party.
dd) Fixing — refers to the act that involves undue facilitation of
transactions for pecuniary gain or any other advantage or
consideration;
ee) Formal Complaint — is a sworn written statement
charging a public officer or employee, and/or any private
person found to be colluding with a public officer or
employee, with a violation of this Act;
ff) Government-Owned or -Controlled Corporation
(GOCC) — is any agency organized as a stock or non-stock
corporation, vested with functions relating to public needs
whether governmental or proprietary in nature, and owned
by the Government of the Republic of the Philippines directly
or through its instrumentalities either wholly or, where
applicable as in the case of stock corporations, to the extent
of at least a majority of its outstanding capital stock,
provided, however, that the term "GOCC" shall also include
Government Financial Institutions (GFI) and Government
Instrumentalities with Corporate Powers (GICP) or
Government Corporate Entities (GCE);
gg) Government Service — the process or transaction
between applicants or requesting parties and government
offices or agencies involving applications for any privilege,
right, reward, license, clearance, permit or authorization,
concession, or for any modification, renewal or extension of
the enumerated applications or requests, which are acted
upon in the ordinary course of business of the agency or
office concerned. This includes 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
issuance of a privilege, right, reward, clearance,
authorization or concession; HEITAD
hh) Highly technical application or transaction — a

transaction which requires the use of technical knowledge,
specialized skills and/or training in the processing and/or
evaluation thereof;
ii) Initial Complaint — is any initial statement, in any form,
including but not limited to verbal, written or electronic
means, received by the Authority from the general public
alleging that a public officer or employee, and/or any private
person found to be colluding with a public officer or
employee, for any violation related to this Act;
jj) Instrumentality — is any agency of the National
Government, not integrated within the department
framework vested with special functions or jurisdiction by
law, endowed with some if not all corporate powers,
administering special funds, and enjoying operational
autonomy, usually through a charter. This term includes
regulatory agencies, chartered institutions, and government-
owned or -controlled corporations;
kk) License — is a privilege evidenced by a certificate or
document to perform certain acts or a series of acts that
would otherwise be unlawful. This includes the whole or any
part of any agency permit, certificate, passport, clearance,
approval, registration, charter, membership, statutory
exemption or other form of permission, or regulation of the
exercise of a right or privilege;
ll) Local Business Tax — means an enforced monetary
contribution, levied by the law-making body on persons and
property subject to its jurisdiction for the precise purpose of
supporting governmental needs which shall be paid by
business entities within the first twenty (20) days of January
or of each subsequent quarter;
mm) Local Government Units — are political subdivisions
established by or in accordance with the Constitution
composed of provinces, cities, municipalities, barangays, and
autonomous regions as provided by law;
nn) Major regulations — are regulations that have
substantial, widespread impact on the economy and/or affect
a large number of businesses or communities;
oo) Ministerial — is 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. A duty is ministerial only when
the discharge of the same requires neither the exercise of
official discretion or judgment;
pp) National Government Agency (NGA) — refers to a unit
of the National Government;
qq) 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. The negative list is usually provided by the concerned
national government agencies to the city/municipality prior to
the business renewal period;
rr) Non-business transactions — all other government
transactions not falling under Rule I, Section 4 (o) of these
Rules and Regulations;
ss) Office — is 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;
tt) Officer — refers to 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; aDSIHc
uu) Permit — is a permission evidenced by a certificate issued

by the concerned government agency or instrumentality;
vv) Prescribed processing time — is 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;
ww) Primary License — is 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;
xx) Privilege — is 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;
yy) Processing time — is 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.
For processes that involve several stages, each stage shall
have its own processing time. The processing time
commences on the date/time that the applicant has
satisfactorily completed the previous stages and all the
requirements for the stage being applied for, and has paid
the applicable fees, if any;
zz) Proportionality rules — are rules which require the
balancing of risks and benefits against costs of supervision
and enforcement of the regulation;
aaa) 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;
bbb) 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;
ccc) Regulatory agency — are national government offices
empowered to codify and enforce rules and regulations and
impose supervision and oversight. The following are
regulatory agencies: (i) Bureau of Fire Protection (BFP); (ii)
Department of Trade and Industry (DTI); (iii) Food and Drug
Administration (FDA); (iv) Securities and Exchange
Commission (SEC); (v) Department of the Environment and
Natural Resources (DENR); and (vi) such other government
agencies vested with regulatory powers;
ddd) Regulatory Impact Assessment (RIA) — is 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. The policy options shall include evidence-
based information to decision-makers, regulators, and
stakeholders.
The RIA aims to reduce unnecessary regulatory burdens and
costs to enhance the quality of existing regulations and
regulatory proposals;
eee) Report Card Survey — refers to 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. It shall also be used to measure
management support in institutionalizing agency service
delivery reforms;ATICcS
fff) 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;
ggg) Right — is a moral or legal entitlement to have or to
obtain something or to act in a certain way;
hhh) Secondary License — is 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;
iii) 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;
jjj) Stage — is 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;
kkk) Technology-neutral platform — means the platform
should not impose preferences for or against specific kinds of
technology;
lll) Time-and-motion study — is 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.
The time and motion study has three stages:
i. Planning stage. During this stage, service offices must
prepare a list of services to be subjected for time and
motion studies, the employee/s who will conduct the
study, number of clients to be observed as subject of
the study, and a time and motion checklist.
ii. Implementation stage. During this stage, employee/s
assigned to conduct the time and motion studies shall
observe a transacting client from the first step up to the
last step of his/her transaction, taking note of the time
when each step started and ended as well as the
waiting time.
iii. Evaluation stage. During this stage, the following must
be conducted:
processing of data such as variance (committed
processing time in the Citizen's Charter less the actual
processing time and waiting time), total waiting time,
total actual processing time, step/s added or omitted,
and documentary requirements added or omitted;
mmm) Websites — refer to 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);
nnn) Whole-of-Government Approach — refers to 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.
It also means that government systems and processes work
together to provide ease of access and use by the citizens.
Implementing the whole of government approach implies a
more integrated approach to public service delivery, policy
making, interoperability of government processes,
strengthening vertical and horizontal linkages and
coordination among agencies, and clustering of basic
services into government to citizens, government to
businesses, and government to government, and designating
points of service in accordance with the life cycle of citizens
and businesses, respectively; ETHIDa
ooo) Working day — refers to a day where officers and

employees are required to render work.
RULE II
Coverage
SECTION 1. Coverage and Scope. —
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 units (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.
SECTION 2. International Laws and Agreements. —
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.
RULE III
Reengineering of Systems and Procedures
SECTION 1. Streamlining of Government Services. —
All agencies which provide government services shall undertake
compliance cost analysis, conduct time and motion studies, undergo
evaluation and improvement of all their government services, and
reengineer the same, if deemed necessary, to reduce bureaucratic red tape
and processing time, and to promote efficiency and simplicity of processes.
Each office or agency shall designate a unit to perform the above-
mentioned functions, as well as other roles stated in the Act. The unit shall
be charged with conducting regulatory impact assessment of their proposed
regulations to establish that these do not add undue regulatory burden and
cost to their respective agencies as well as applicants or requesting parties.
SECTION 2. Coverage and Procedures. —
The streamlining and process improvement of the government services
shall cover Government-to-Citizens (G2C), Government-to-Businesses (G2B),
and Government-to-Government (G2G) transactions as cited in the agency's
Citizen's Charter. Agencies shall submit a comprehensive list of their
respective government services to the Authority, which shall include:
a) Steps . For each government service, departments/agencies
shall report in detail the steps necessary to complete the
service/process, including a flowchart indicating the front
end/back end;
b) Transaction Costs . These are the costs incurred by an
applicant or requesting party in the course of availing of a
government service. These costs are categorized as follows:
i. Primary Transaction Costs/Fees. These are fees declared
in the agency's Citizen's Charter to be paid to the
agency by an applicant or requesting party for availing
a government service. Examples of these fees are
application fees, registration fees, etc.
ii. Other Transaction Costs. These are the other fees to be
paid by an applicant or requesting party to obtain
supporting information from another agency in order to
secure a necessary primary information. TIADCc
c) Substantial Compliance Costs. These are the incremental

costs, other than administrative costs, incurred by a
transacting public in the course of complying with a
regulation. These costs may include implementation costs,
direct labor costs, overhead costs, equipment costs, material
costs, and external service costs;
d) Number of Signatures. Departments/Agencies shall declare
the number of signatures required to complete each
service/process. However, the number of signatories in any
document shall be limited to a maximum of three (3)
signatures which shall represent officers directly supervising
the office or agency concerned;
e) Number of Documents. For each government service,
departments/agencies shall indicate the total number of
documents necessary to complete the transaction cycle. The
number of documents shall refer to the documents required
from the applicant or requesting party, the type of
documents, and the number of copies for each document to
be used or required to complete/deliver the government
service to the applicant or requesting party; cSEDTC
Government agencies must initiate a review for each of their

government services/processes through any or all of the
following:
a) Reduction in the number of signatures to not more
than three (3);
b) Simplification of application forms or documentary
requirements;
c) Automation or computerization of the
processes/services;
d) Reduction in the processing time; and
e) Reduction in costs.
There shall also be a review of the location of the offices providing
these government services and the feasibility of establishing one-stop shops.
SECTION 3. Adoption of Whole-of-Government Approach in
Reengineering Government Services. —
Pursuant to the functions of the Authority in Section 17 (a) (b) and (f) of
the Act to implement and oversee a national policy on anti-red tape and
ease of doing business; to implement various ease of doing business and
anti-red tape reform initiatives aimed at improving the ranking of the
Philippines in world competitiveness surveys; and to recommend policies,
processes and systems to improve regulatory management to increase the
productivity, efficiency, and effectiveness of business permitting and
licensing agencies, the Authority shall adopt the Whole-of-Government
Approach in the streamlining of government services.
The Whole-of-Government Approach entails the review and
harmonization of existing and applicable laws, regulations, issuances, and
policies to make legal interpretations consistent across agencies. Inter-
agency reviews shall be adopted for horizontal integration or end-to-end
processing in the delivery of government services. AIDSTE
The reengineering process shall include an interagency review of key

permitting and licensing laws, rules, and issuances, with the end in view of
eliminating undue regulatory burden from the transacting public.
The Authority, in coordination with National Economic and
Development Authority (NEDA), Department of Budget and Management
(DBM), and Civil Service Commission (CSC), shall be authorized to issue
further guidelines in implementing the Whole-of-Government Approach in
reengineering and streamlining government services.
SECTION 4. Regulatory Management System. —
Pursuant to the Act, the Authority shall develop and establish a
Regulatory Management System (RMS) to improve regulatory management
towards the improvement of regulatory quality. The RMS shall be comprised
of, but not limited to, a regulatory management framework, institutional
arrangements, a regulatory policy cycle, and enforcement & compliance
strategies.
The Authority, by itself or in partnership with other institutions, shall
provide and conduct training programs that offer tools needed to promote
good regulatory governance and to raise awareness on new disciplines and
promote a new culture among regulators and regulatees. The Authority, in
consultation with appropriate agencies, shall prepare regulatory
management manuals for all government agencies and/or instrumentalities
and LGUs. The manuals issued by the Authority shall include the
proportionality rules and threshold parameters. SDAaTC
SECTION 5. Regulatory Impact Assessment (RIA). —

Pursuant to the mandate of the Authority under this Act, and to ensure
the compliance with the obligations set forth, the Authority requires all
agencies to conduct a Regulatory Impact Assessment (RIA) for the purpose
of reviewing, simplifying, modifying, modernizing regulations, laws,
issuances, and ordinances to reduce regulatory burden and cost. All agencies
shall conduct a RIA for all its proposed major regulations subject to
proportionality rules. It shall likewise apply to existing regulations or
regulatory changes that are outdated, redundant, and adds undue
regulatory burden to the transacting public.
Each agency shall conduct a RIA and draft the Regulatory Impact
Statement (RIS). The RIS is a document prepared by a regulatory body
before a new regulation is introduced, or an existing regulation is modified
or repealed. The RIS assists in decision making by presenting the RIA in a
clear, concise, and structured framework.
The Authority shall review the quality of a RIA in order to avoid the
overlapping of regulations across agencies and to reduce regulatory burden
and cost.
When necessary, a proposed regulation may undergo pilot
implementation to assess regulatory impact subject to the clearance of
heads of agencies.
SECTION 6. Notification and Regulations Review Process. —
a) Compulsory notification. All government agencies covered under
Section 3 of the Act shall notify the Authority of every formulation,
modification, and repeal of regulations. The submission of an intent to
formulate, modify, or repeal a regulation to the Authority by a regulatory
agency shall include the rationale for the proposed and existing regulation
and all the necessary documentations used in conducting the research for
the proposed and existing regulation. AaCTcI
b) RIA requirement. All government agencies covered under Section

3 of the Act shall conduct a RIA. The agencies shall conduct consultations to
ensure the quality of a regulation. The regulatory agency shall properly
disseminate the result of the RIA on a particular regulation as a feedback
and feedforward mechanism.
c) Submission of RIS to the Authority. RIS submitted by any agency
shall be reviewed by the Authority. Meetings shall be organized, as deemed
necessary by the Authority, for the purpose of reviewing the results of the
RIA.
d) Approval of RIS by the Authority. The Authority shall approve or
disapprove the RIS, based on the results of the review.
e) Provide RIA to Congress. The Authority, if it deems necessary,
may forward the RIA and the results of its review to Congress, for
appropriate action.
SECTION 7. Review, Impact Analysis, and Repeal of Regulations. —
Within six (6) months from the effectivity of the Rules, all offices,
agencies, and local government units covered by Section 3 of the Act, shall
review and harmonize their existing regulations relative to business-related
and non-business transactions and repeal unnecessary and redundant
policies to lessen regulatory burdens, subject to the corresponding guidelines
issued by the Authority. acEHCD
In addition, all local government units, in coordination with the DILG,

shall scrutinize and classify existing ordinances according to prescribed
dates of inspection for regulation purposes and those related to the issuance
of business permits and licenses. The classification is intended to
synchronize the periods for payment of local business taxes and for
payments related to the issuance of business permits.
The Authority, motu proprio or upon receipt of a complaint that a
regulation is outdated, redundant, or adds undue regulatory burden to the
transacting public, may exercise its power of review in accordance with the
Act and recommend the repeal of the reviewed law, executive issuance,
and/or local ordinance, if warranted.
RULE IV
Citizen's Charter
SECTION 1. Citizen's Charter. —
A Citizen's Charter is an official document that communicates, in
simple terms, the service standards or pledge of an agency/service office of
the frontline services being provided to its citizens. It describes the step-by-
step procedure for availing a particular service, the person responsible for
each step, the documents needed to be submitted and the fees to be paid, if
any. EcTCAD
The Citizen's Charter of each agency has a dual purpose — it shall be

the basis for establishing accountability and for recognizing good
performance to grant rewards and incentives.
Administrative and criminal liability shall arise only upon failure,
without due cause, to render government service within the prescribed
processing time of three (3) days for simple transactions, seven (7) days for
complex transactions, and twenty (20) working days for highly technical
transactions or for applications or requests involving activities which pose
danger to public health, public safety, public morals, public policy, as stated
in Section 9 of this Act.
SECTION 2. Form and Content of the Citizen's Charter. —
The Citizen's Charter shall be in information billboards such as
touchscreen interactive information kiosks, electronic billboards, posters,
tarpaulins, standees, or any other readable materials that could be easily
understood by the public, posted at the main entrance of offices or at the
most conspicuous place, in the respective websites, and in the form of
published materials written either in English, Filipino, or in the local dialect,
that detail: SDHTEC
a) A comprehensive and uniform checklist of requirements for

each type of application or request.
i) The checklist of requirements must be complete,
exhaustive, and specific.
ii) In the case of local government units, the checklist for
similar transactions shall contain a uniform set of
documentary requirements, based on guidelines to be
issued by the Department of the Interior and Local
Government (DILG) in coordination with the Authority.
b) The procedure to obtain a particular service.
i) For each government service, agencies shall indicate in
the Citizen's Charter the steps necessary to complete
the process. Agencies shall further submit to the
Authority a step-by-step process, including the duration
of the action per step.
c) The person/s responsible for each step.
i) The agency shall make available to the public the list of
assigned personnel who will be responsible for each
step. If the Citizen's Charter is in the form of an
interactive or an electronic billboard, the names of the
personnel and/or their official designation shall be
identified.
HSAcaE
d) The maximum time to conclude the process.

i) The maximum time to conclude the process shall be
expressed in working days, hours, or minutes.
e) The document/s to be presented by the applicant or
requesting party.
i) Agencies shall indicate where each documentary
requirement can be requested. If the documentary
requirement is not internal to the agency, agencies
shall indicate the type of copy (i.e., certified true copy,
original or photocopy) and the number of copies
needed;
f) The amount of fees and where the payment shall be given;
and
g) The procedure for filing complaints in relation to the
application or request.
i) The names and contact numbers of heads of offices
involved in the processing of the application or request
and the contact information of the Presidential
Complaints Center, Complaints Action Center of the
Authority, Contact Center ng Bayan (CCB), and the
feedback facility of the CSC, where applicants or
requesting parties can provide feedback on quality of
government service, shall be included. AScHCD
SECTION 3. Responsibilities of Government Agencies. —

a) Set up the most current and updated service standards.
To promote efficiency and to streamline the delivery of government
services, agencies shall identify and indicate all government services offered
by them. Each agency shall adopt an improved processing time, which shall
be posted in their Citizen's Charter.
Each agency shall classify their processes or services into simple,
complex, and highly technical transactions, and must submit the same to the
Authority based on the criteria provided. Those activities which pose a
danger to public health, public safety, public morals, or public policy shall in
no case be processed longer than twenty (20) working days, or as
determined by the government agency and instrumentality concerned,
whichever is shorter.
Specific transactions, processes, services or activities that agencies fail
to include and classify shall be interpreted by the Authority as simple
transactions without prejudice on the part of the agency to ask for
reconsideration.
Should there be any update, the head of agency shall ensure that an
updated Citizen's Charter is posted not later than March 31st of each year.
HESIcT
b) Develop and foster client feedback mechanism and client

satisfaction measurement.
All agencies shall embed feedback mechanisms and client satisfaction
measurement in their process improvement efforts. The agency shall report
to the Authority the results of the Client Satisfaction Survey for each service
based on the guidelines to be issued by the Authority.
c) Monitor and periodically review the Citizen's Charter.
Each agency shall regularly review their Citizen's Charter. In particular,
the agency shall review their procedure/steps, time, documentary
requirements, and fees.
d) Submission of a new Citizen's Charter by government agencies.
All agencies shall submit to the Authority within ninety (90) working
days from the effectivity of these Rules and Regulations or from the issuance
of a new Citizen's Charter template by the Authority, a new Citizen's Charter
based on the requirements of the Act, whichever comes first.
SECTION 4. Accountability of the Head of Agency or Office. —
The head of office or agency shall ensure compliance in the
preparation of their respective Citizen's Charter pursuant to the provisions of
the Act and these Rules. AcICHD
SECTION 5. Responsibilities of the Authority. —

The Authority shall have the following responsibilities in relation to the
Citizen's Charter:
a) Upon effectivity of these Rules, the Authority shall issue a
template of the updated Citizen's Charter, taking into
account the most effective way of informing the public;
b) Within the same period, the Authority shall issue the criteria
for simple, complex, and highly technical transactions;
c) The Authority shall monitor and review the submitted
Citizen's Charter by each agency and the implementation of
the same.
RULE V
Zero-Contact Policy
SECTION 1. Zero-Contact Policy. —
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.
Transparency shall be observed in general by public officials and
employees to encourage the honest and efficient delivery of government
services and discourage wrong perceptions of graft and corruption. caITAC
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.
For this reason, 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.
SECTION 2. Interactions that are Strictly Necessary. —
These interactions are considered strictly necessary and are exceptions
to the zero-contact policy:
a) 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,
interactions between the government official or employee
and the applicant shall be allowed, provided that payment
shall be made in the Cashier's Office and that an Official
Receipt (OR) shall be issued immediately; and TAIaHE
b) For complex and/or highly technical transactions . An

interaction shall be considered strictly necessary when an
inspection, training or meeting with the applicant is an
integral part of the application process for a complex or
highly technical transaction, or when such interaction was
done upon the written request of the applicant. Such
inspection, training or meeting may be recorded with the
prior consent of the applicant and shall be properly
documented through various means such as, but not limited
to, recording the minutes of the meeting and signing of an
attendance sheet.
SECTION 3. Business Registration System. —
The DICT shall, within one (1) year from the effectivity of these Rules,
create a web-based software enabled business registration system that is
acceptable to the public. All transactions shall thereafter be coursed through
such business registration system.
RULE VI
Accountability of Heads of Offices and Agencies
SECTION 1. Responsibility of Heads of Offices and Agencies. —
The head of the office or agency shall be primarily responsible for the
implementation of the Act, including these and other Rules and Regulations,
and shall be held accountable to the public in rendering fast, efficient,
convenient, and reliable service. All transactions and processes are deemed
to have been made with the permission or clearance from the highest
authority having jurisdiction over the government office or agency
concerned. ICHDca
Any other violations by the head of office or agency of the Act and
these Rules shall subject them to administrative sanctions in accordance
with the relevant administrative and civil service rules and regulations,
where applicable.
Failure by the heads of offices and agencies to comply with the
provisions of the Act and these Rules shall render them liable to being
charged in accordance with existing laws or rules before the appropriate
forum.
In furtherance of their responsibility to render fast, efficient,
convenient, and reliable service and the declared policy of the Act, all heads
of agencies shall implement a zero back log program within twelve (12)
months from the effectivity of the IRR.
RULE VII
Accessing Government Services
SECTION 1. Accessing Government Services. —
In order to provide an effective delivery of government services,
government officers and employees are expected to adopt and implement
the provisions of these Rules and other rules that may be issued in the
future which aim to further improve the systems and processes of
government agencies. These include accepting, processing, approving, or
denying of applications/requests. cDHAES
SECTION 2. Acceptance of Applications and Requests. —

a) All responsible officers or employees shall accept written
applications, requests, and/or documents being submitted by applicants or
requesting parties of the offices or agencies, subject to the succeeding
provisions hereof.
b) The receiving officer or employee shall preliminarily assess the
completeness of the application or request and its supporting documents vis-
à-vis the checklist of requirements of the agency to ensure a more
expeditious action on the application or request. They shall immediately
inform the applicant or requesting party of any deficiency in the
accompanying requirements, which shall be limited to those enumerated in
the Citizen's Charter. In informing the applicant or requesting party of the
deficiency, the receiving officer or employee shall already identify or
enumerate all the missing requirements to make it easier for the requesting
party to complete their application or request.
The government office or agency shall not process deficient or
incomplete applications or requests, and shall only process an application or
request if it is complete. In case the application or request is deficient, the
processing time as provided under the Act and these Rules shall only
commence once the applicant or requesting party has rectified the
deficiency. TCAScE
For processes that involve several stages with corresponding

prescribed requirements, the processing time for each stage commences on
the date/time that the applicant has satisfactorily completed the
requirements for the previous stage and has submitted all the requirements
for the subsequent stage being applied for.
b) The receiving officer or employee shall assign a unique
identification number to an application or request, which shall serve as the
identifying number for all subsequent transactions between the government
and the applicant or requesting party regarding the subject application or
request.
c) The receiving officer or employee shall issue to the applicant an
acknowledgement receipt signifying acceptance of a complete application or
request, containing the unique identification number stamped therein as
reference for all subsequent transactions, the seal of the agency, the name
of the responsible officer or employee, his/her unit and designation, and the
date and time of receipt of such request or application.
For online application or request, the agency shall provide a response
containing the unique identification number as reference for all subsequent
transactions, the seal of the agency, the name of the responsible officer or
employee, his/her unit and designation, and the date and time of receipt of
such request or application. ASEcHI
SECTION 3. Action of Offices. —

a) All applications or requests for government service submitted
shall be acted upon by the assigned officer or employee within the
prescribed processing time stated in the Citizen's Charter which shall not be
longer than three (3) working days in the case of simple transactions and
seven (7) working days in the case of complex transactions from the date
the request or complete application or request was received.
For applications or requests involving activities which pose danger to
public health, public safety, public morals, public policy, and highly technical
transactions, the prescribed processing time shall in no case be longer than
twenty (20) working days or as determined by the government agency or
instrumentality concerned, whichever is shorter.
b) The maximum time prescribed in Section 9 (b) (1) of the Act may
be extended only once for the same number of days, which shall be
indicated in the Citizen's Charter.
i. Prior to the lapse of the processing time, the office or agency
concerned shall notify the applicant or requesting party in
writing of the reason for the extension and final date of
release of the government service/s requested. Such written
notification shall be signed by the applicant to serve as proof
of notice. The signature of the applicants or requesting
parties may be in the form of electronic signatures or
scanned signatures. cTDaEH
ii. In the event that securing a written notification and

acknowledgment from the applicant is not feasible, the
government officer or employee must exhaust all means of
communication available including, but not limited to,
electronic mail and/or SMS (short message service) to ensure
that the applicant or the requesting party is properly notified.
The government officer or employee who used such means of
communication must be able to show proof of such action.
c) In case of highly technical transactions that involve activities
such as, but not limited to, research, field trials, scientific methodology,
inter-government actions, the government agency or office may apply the
multi stage system subject to the approval of the Authority, provided that
the total processing time for all concerned agencies or offices shall not
exceed forty (40) days.
Government agencies and offices, with an approved multi-stage
system by the Authority, that receive an application or transaction requiring
permits from other government agencies or offices, shall process such
application without awaiting the action of the latter agency. The agency or
office shall act on the presumption that the relevant permit from other
government agencies had already been issued.
The presumption of prior approval shall be disputable and subject to
post audit confirmation. In case of failure during post-audit, the issued
permit/license shall be revoked. ITAaHc
d) If the application or request for license, clearance, permit,

certification or authorization shall require the approval of the local
Sangguniang Bayan, Sangguniang Panlungsod, or the Sangguniang
Panlalawigan, as the case may be, the Sanggunian concerned shall be given
a period of forty-five (45) working days to act on the application or request,
which can be extended for another twenty (20) working days. If the local
Sanggunian concerned has denied the application or request, the reason for
the denial, as well as the remedial measures that may be taken by the
applicant shall be cited by the concerned Sanggunian.
e) In cases where the cause of delay is due to force majeure or
natural or man-made disasters, which result to damage or destruction of
documents, and/or system failure of the computerized or automatic
processing, the prescribed processing times mandated in this Act shall be
suspended and appropriate adjustments shall be made. The responsible
government official or employee shall notify the applicant or requesting
party in writing and through other means of communication of the
suspension of the processing time without any delay. In addition, in case of
system failure of computerized or automatic processing, the head of agency
shall certify to such fact, which shall be posted in a conspicuous place and
manner within the premises of the government agency or office. cSaATC
f) No application or request shall be returned to the applicant or

requesting party without appropriate action. The appropriate action is either
to approve or disapprove/deny the application or request for access to
government service.
i. In case an application or request is disapproved, the officer or
employee who rendered the decision shall send such notice
under these rules to the applicant or requesting party within
the prescribed processing time, stating therein the reason for
the disapproval.
ii. A finding by a competent authority of a violation of any or
other laws by the applicant or requesting party shall
constitute a valid ground for its disapproval, without
prejudice to other grounds provided in this Act or other
pertinent laws.
SECTION 4. Denial of Request for Access to Government Service. —
Any denial of request for access to government service shall be fully
explained in writing by the officer who denied the request, stating the name
of the person making the denial and the grounds upon which such denial is
based. The grounds for the denial must be fair, just, and reasonable. Any
denial of the application or request must have the approval of the immediate
supervisor of the employee or officer who denied the application or request.
CHTAIc
SECTION 5. Limitation of Signatories. —

The number of signatories in any document shall be limited to a
maximum of three (3) signatures, which shall represent officers directly
supervising the office or agency concerned and are responsible for the
issuance of the document (any privilege, right, reward, license, clearance,
permit or authorization, concession). The signatures refer to the "full
signature" of the officers whose approval is necessary for the issuance or
release of the document. Initials of other officers or employees should not be
affixed to the document to be released or issued.
In case the authorized signatory is on official business or official leave,
an alternate shall be designated as signatory. Electronic signatures or pre-
signed license, clearance, permit, certification, or authorization with
adequate security and control mechanism may be used, provided that the
relevant laws and the rules and regulations to be issued by DICT regarding
electronic signatures shall be observed.
Within ninety (90) working days from the effectivity of these Rules, the
head of government office or agency shall issue and submit an appropriate
inter-office memorandum to the Authority, enumerating the list of authorized
or regular signatory for each privilege, right, license, clearance, permit or
authorization, concession or such other document issued by the agency or
office. Moreover, the appropriate inter-office memorandum shall also
stipulate the agency rules on proper delegation of the authority to sign in
the absence of the regular signatory, following such standards: cHDAIS
a) If there is only one official next in rank, he/she shall

automatically be the signatory;
b) If there are two or more officials next in rank, the
appropriate inter-office memorandum shall prescribe the
order of priority among the officials next in rank within the
same organizational unit; or
c) If there is no official next in rank present and available, the
head of the department, office or agency shall designate an
officer-in-charge from among those next lower in rank in the
same organizational unit.
SECTION 6. Electronic Versions of Licenses, Permits, Certifications
or Authorizations. —
All agencies covered under Section 3 of the Act shall, when applicable,
develop electronic versions of licenses, clearances, permits, certifications or
authorizations with the same level of authority as that of the signed hard
copy, which may be printed by the applicants or requesting parties in the
convenience of their offices.
The Authority and the DICT, in coordination with concerned agencies,
shall issue the operational policies and technical procedure on these
electronic versions for the guidance of concerned NGAs and LGUs. EATCcI
SECTION 7. Adoption of Working Schedules to Serve Clients. —

Heads of offices and agencies which render government services shall
adopt appropriate working schedules to ensure that all applicants or
requesting parties who are within their premises prior to the end of official
working hours are attended to and served even during lunch break and after
regular working hours. Heads of agencies shall set these guidelines by
issuing an appropriate order to this effect.
To ensure prompt and efficient issuance of permits and licenses,
offices and agencies may consider providing frontline services beyond the
core government working hours. The offices must at all times be
complemented with adequate staff by adopting mechanisms such as rotation
system among office personnel, sliding flexi-time, reliever system especially
in peak times of the transaction, or providing skeletal workforce during lunch
and coffee breaks. The public must be informed of the work schedule of the
offices.
The heads of offices and agencies shall inform the CSC on the adoption
of such working schedules.
In the event of work suspension and/or changes in working schedules
due to official reasons, government office system downtime or other
unexpected circumstances which affect working schedules within the office
or agency, the public shall be duly informed. ISHCcT
In the exigency of service in times of natural calamities, peak season,

multitude number of applications, and other analogous cases, government
offices and agencies may be allowed to extend working hours to attend to
applicants.
To ensure the uninterrupted delivery of frontline services, the heads of
offices and agencies shall adopt the appropriate mechanisms upon the
effectivity of these Rules.
SECTION 8. Identification Card. —
All employees transacting with the public shall be provided with an
official identification card, which shall be visibly worn during office hours.
The identification cards must include the full name of the employee, the
employee's position title, name of office, and the office seal or logo. The
information on the identification card must be readable, such that the
officials and employees concerned can be easily identified by the applicant
or requesting party. For agencies where an identification card is not used the
officers and employees must wear name plates or other means of
identification.
SECTION 9. Establishment of Public Assistance and Complaints
Desk. —
Each agency shall establish a public assistance or complaints desk
which shall be set-up to, among others, effectively receive feedback and
monitor customer satisfaction, in a conspicuous area at their official place of
business, where an officer or employee knowledgeable in frontline services
shall at all times be available for consultation and advice. The desk shall be
attended to even during break time. Special lanes shall be provided for the
personal transactions of senior citizens, pregnant women and persons with
disabilities. DHITCc
The office or agency shall institute hotline numbers, short message

service, information communication technology, or other mechanisms by
which the clients may adequately express their complaints, comments, or
suggestions.
RULE VIII
Automatic Approval or Automatic Extension of License, Permit, Certification
and Authorization
SECTION 1. When shall Automatic Approval of an Original
Application or Request be Granted. —
a) The existence of the following conditions shall warrant the
automatic approval of an original application or request:
i) If a government office or agency fails to approve or
disapprove an original application or request for the issuance
of license, permit, certification, or authorization within the
prescribed processing time;
ii) When all the required documents have been submitted; and
iii) When all the required fees and charges have been paid.
The acknowledgement receipt together with the official receipt
for payment of the fees shall constitute proof of approval,
having the same force and effect of a license clearance,
permit, certification, or authorization subject to Section 4
hereof. CAacTH
b) In cases of agencies performing quasi-judicial functions,

automatic approval shall only apply to issuance of a license, clearance,
permit, certification, or authorization.
SECTION 2. When shall Automatic Extension or Renewal of a
License, Clearance, Permit, Certification or Authorization shall be Deemed
Extended. —
If a government office or agency fails to act upon an application or
request for renewal of a license, clearance, permit, certification, or
authorization subject for renewal within the prescribed processing time, the
application shall be deemed extended subject to Section 4 hereof.
SECTION 3. When Automatic Extension or Renewal is Not
Applicable. —
Automatic extension or renewal shall not apply to licenses, clearances,
permits, certifications, or authorizations that have already expired at the
time of the submission of application or request.
SECTION 4. Issuance of Order for Automatic Approval, Extension, or
Renewal of License, Clearance, Permit, Certification, or Authorization. —
Upon complaint together with the presentation of the
acknowledgement receipt and/or the official receipt, upon due investigation
and verification that the applicant has indeed fully submitted all necessary
documents and paid all the required fees, the Authority shall issue a
declaration of completeness and order the concerned office or agency to
issue the approval, extension, and/or renewal of the license, clearance,
permit, certification, or authorization which is deemed automatically
approved as provided by Sec. 10 of the Act. cEaSHC
RULE IX
Streamlined Procedures for the Issuance of Local Business Licenses,
Clearances, Permits, Certifications or Authorizations
SECTION 1. Issuance of a Joint Memorandum Circular. —
Within three (3) months from the effectivity of these Rules, the
Authority, together with the DILG, DICT, and DTI shall issue a Joint
Memorandum Circular (JMC) to further implement Section 11 of the Act.
Thereafter, the LGUs through their Local Sanggunian shall issue the
appropriate order or ordinance to adopt the Joint Memorandum Circular, for
proper implementation of the streamlined procedures for the issuance of
business licenses, barangay clearances, permits, or authorizations.
SECTION 2. Single or Unified Business Application Form. —
a) A Single or Unified Business Application Form is a single common
document used by a business owner in applying for business permit in the
city/municipality, that contains the information and approvals needed to
complete the registration process and facilitates exchange of information
among city/municipality and NGAs. IAETDc
b) This 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 or requesting party
needed 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 safety inspection certificate from the
Bureau of Fire Protection (BFP).
c) The Authority, in coordination with concerned agencies, shall
develop the single or unified business application form and this 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. The single or unified business application
form shall be in "fillable format," which can be filled up electronically and/or
printed for submission.
d) Hard copies of the unified forms shall be made available at all
times in designated areas of the concerned office and/or agency, in all
Negosyo Centers and in the offices of local government units.
e) The Authority, in coordination with the concerned agencies, shall
be responsible for regularly updating and maintaining the unified business
application form. CTIEac
f) The DICT shall issue the guidelines on the process flow of filing
applications or requests through the Central Business Portal, and its
acceptance, processing and feedback mechanism by concerned agencies.
SECTION 3. Establishment of a Business One Stop Shop (BOSS)-
Negosyo Center. —
a) A one-stop business facilitation service, hereinafter referred to as
the business one stop shop, shall be established within the
cities/municipalities' Negosyo Center as provided for under Republic Act No.
10644, otherwise known as the "Go Negosyo Act."
b) Negosyo Centers are convergence points for the NGAs, LGUs,
and the private sector to promote ease of doing business, and ensure access
to services for Micro, Small, and Medium Enterprises (MSMEs) within their
jurisdiction.
c) In case there is no Negosyo Center in the city/municipality,
Section 3 of RA 10644 and its ERR (DTI Department Administrative Order No.
14-5, series of 2014) specifically Section 5, Rule 3 mandates that in
applicable area, the existing SME Centers and National Economic Research
and Business Assistance Center (NERBAC), administered by the DTI in
provinces, cities and municipalities, if any, may be converted to Negosyo
Center. Existing Regional NERBACs or SME Centers may be utilized as
Negosyo Center for the Provinces and Cities where they are physically
located. DcHSEa
In the absence of Regional NERBACs or SME Centers, a business one

stop shop shall be established by the concerned LGU within a designated
area in its city/municipality hall.
d) The business one stop shop shall serve as the city/municipality's
business permitting and licensing system to receive and process manual
and/or electronic submission of application for license, clearance, permit or
authorization.
e) There shall be a queuing mechanism in the business one stop
shop to better manage the flow of applications among the local government
units' departments receiving and processing applications. The Joint
Memorandum Circular shall also include a standard queuing system, which
shall be applied by all LGUs.
f) LGUs shall implement colocation of the treasurer's office,
assessor's office, business permits and licensing office, zoning office,
including the BFP, and other relevant city/municipality offices/departments,
among others, engaged in starting a business, dealing with construction
permits, and such other pertinent services as may be offered to the public.
SECTION 4. Electronic BOSS. —
a) Within a period of three (3) years upon the effectivity of the Act,
all cities and municipalities are mandated to automate their business
permitting and licensing system or set up an electronic business one stop
shop for more efficient business registration processes. SaCIDT
b) Cities/Municipalities with electronic BOSS shall develop electronic

versions of licenses, clearances, permits, certifications or authorizations with
the same level of authority and containing the electronic signature of the
authorized officer/s and seal of the agency or LGU, which may be printed by
businesses in the convenience of their offices.
c) The DICT, DTI, and DILG shall issue a joint operational guideline
on the provision of technical assistance in the planning and implementation
of the eBusiness Permit Licensing System.
d) Provincial governments are encouraged to assist 5th and 6th
class municipalities in the implementation of this section.
SECTION 5. New Business Registration and Applications for
Renewal. —
The requirements for the business registration and renewal, in addition
to the application form, shall be enumerated in the JMC and shall be uniform
to all LGUs.
SECTION 6. Issuance of Other Permits/Clearances Together with the
Business Permit. —
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, subject to post-
audit by the concerned LGU.
SECTION 7. Validity Period of Business Permits. —
Business permits shall be valid for a period of one (1) year. The city or
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. The city or municipality, through their local Sanggunian, shall enact
an ordinance on what option to be applied and this shall be posted at the
most conspicuous place of the city or municipality, in their websites, or other
form of published materials.
SECTION 8. Expiration of Validity Period. —
Upon the expiration of the one (1) year validity period as stated in the
preceding section, applicants for renewal not included in the negative list
provided by any regulatory office or agency shall be allowed to renew their
business permit upon payment of applicable fees as may be imposed by the
City or Municipal government. The regulatory offices or agencies shall
submit their respective negative lists to the LGUs on a regular basis as may
be required, but no later than the first of December every year, in order to
give the LGUs reasonable time to evaluate the businesses applying for
renewal of their business permits during renewal period.
SECTION 9. Initial Post-Audit for New Registrants. —
Initial post-audit for new registrants shall be conducted by the LGU
within a period not exceeding three (3) months from the date of registration,
unless otherwise provided by the regulatory agency. cHECAS
SECTION 10. Barangay Clearances and Permits. —

Barangay clearances and permits related to doing business shall be
applied, issued, and collected at the city/municipality in accordance with the
prescribed processing time of the Act: Provided, that the share in the
collections shall be remitted to the respective barangays.
The remittance of the barangay's share in the collections shall be
made not later than seven (7) working days following the end of the month
when the collection was made. Remittance of the above-mentioned share in
the collections to the Barangay shall be obligatory and withholding of the
same shall render the erring official or employee administratively liable
under existing laws, rules, and regulations.
SECTION 11. LGU as Collecting Agent. —
a) For one-time assessment of business-related fees for Business
Permit, LGUs may be designated to assess "the ordinary" fire safety
inspection fees (FSIF), provided that the BFP is able to check the accuracy of
the computation and to certify the tax order of payment.
b) For one-time payment of business-related fees, the BFP may
allow the designation of city or municipality as collecting agents for the FSIF
provided that the remittance of the said fee to the BFP shall be made not
later than two (2) days after the transaction is made. The BFP is not
precluded from collecting additional fees required after their assessment,
subject to existing laws and regulations. aTHCSE
c) The LGU and the BFP, thru the local fire marshal, may enter into
a Memorandum of Agreement giving authority to local government officers
for collection and automatic remittance of applicable fees.
SECTION 12. Issuance of Clearances under the Fire Code of the
Philippines . —
The issuance of Fire Safety Evaluation Clearance (FSEC) and Fire
Safety Inspection Certificate (FSIC) shall in no case be longer than seven (7)
working days, nonextendible.
The Certification of Fire incident for Fire Insurance purposes shall in no
case be issued longer than twenty (20) working days, and may be extended
only once for another twenty (20) working days.
SECTION 13. Fire Safety Evaluation Clearance (FSEC). —
The clearance is issued upon determination that the design, plans and
specification of buildings, structures or facilities to be
constructed/modified/renovated/altered are in accordance with the
provisions of the Fire Code of the Philippines and its IRR.
SECTION 14. Fire Safety Inspection Certificate (FSIC). —
After construction/renovation/modification or alteration and prior to the
issuance of the occupancy permit by the Building Official, the City/Municipal
Fire Marshal, having jurisdiction, shall inspect the premises, which is usually
part of the Joint Inspection Team being promoted in the JMC on Construction
Permits, and issue the necessary FSIC upon determination that the required
fire safety construction are in place, and fire protective and/or warning
system are properly installed in accordance with the approved plans and
specifications. AHDacC
SECTION 15. Certification of Fire Incidents for Fire Insurance. —

BFP may issue a certification to the fire victim in lieu of the Final
Investigation Report (FIR) for purposes of insurance claims and for other
lawful applications.
SECTION 16. FSIC for New Business Permit Application. —
For new business permit application, the FSIC issued during the
occupancy permit stage shall be considered as sufficient basis for the
issuance of FSIC for business permit.
SECTION 17. FSIC for Renewal of Business Permit. —
The BFP shall, within three (3) working days from application for
renewal of business permit, present the FSIC to the city/municipality, either
thru the copy of the FSIC or the negative list.
The BFP shall provide the city/municipality a negative list for purposes
of renewal of business permits which shall be made the basis for the
automatic renewal of business permit by the city/municipality. A business
entity not included in the negative list as provided by the BFP shall be
deemed to have a valid FSIC, therefore, registered without prejudice to
temporary or permanent closure for non-compliance to regulatory rules of
the BFP. cAaDHT
The business entity shall inform the BFP and submit the necessary
documentary requirements if renovations, modifications or any form of
alterations are made to the original building structure at least thirty (30)
working days before the expiration of the business permit.
In case the BFP fails to furnish the city/municipality with an FSIC or to
inform through the negative list within the abovementioned time of three (3)
working days, the business entity shall be deemed to have a temporary valid
FSIC and, therefore, shall serve as the basis for the automatic renewal of the
business permit.
SECTION 18. Violations and Penalty for BFP Officials or Employees.
—
Any BFP official or employee who performs the following acts shall be
liable:
a) Sell any brand of fire extinguishers and other fire safety
equipment to any applicant or requesting party or business
entity;
b) Offer to sell any brand of fire extinguishers and other fire
safety equipment to any applicant or requesting party or
business entity; or
c) Recommend specific brands of fire extinguishers and other
fire safety equipment to any applicant or requesting party or
business entity. IDSEAH
"Recommend" shall mean anything that the BFP or its

personnel might or would do to indorse, suggest, and
propose any brand or convincing another to buy the product
of a certain individual, person or corporation selling fire
extinguisher and other fire safety equipment. The
recommendation shall be viewed in the context of convincing
another to buy the product. However, for advice given by the
BFP or any of its personnel in their professional capacity
without the purpose of convincing another to buy the
product, that advice shall not be considered as
recommendation.
The following acts can qualify as "recommend" but shall not be
limited to the following:
i. Endorsing, suggesting or proposing a particular
merchant or person/sales agent selling fire extinguisher
or fire safety equipment;
ii. Giving the contact number or business card of any
merchant or person/sales agent selling fire
extinguisher;
iii. Accompanying any applicant or client to any merchant
or person selling fire extinguisher or fire safety
equipment; HCaDIS
iv. Prohibiting or discouraging any applicant or client from

buying a fire extinguisher from a particular merchant.
Violation of any of the abovementioned acts shall be punishable by
imprisonment of one (1) year to six (6) years and a penalty of not less than
Five Hundred Thousand Pesos (Php500,000.00), but not more than Two
Million Pesos (Php2,000,000.00).
SECTION 19. Co-Location of Local BFP with the BPLO. —
The BFP shall co-locate with the business one stop shop or in an
appropriate area designated by the city/municipality within its premises to
assess and collect the fire safety inspection fees.
The co-location system shall be year-round for all cities and/or during
the business permit renewal period for all municipalities. The BFP shall
designate a Fire Code Fees Assessor and Fire Code Fees Collecting Agent in
the BPLO. The BFP shall coordinate with the Local Chief Executive and BPLO
for the accommodation of their personnel. aCIHcD
SECTION 20. Online Electronic Mechanism. —

Within six (6) months from the effectivity of these Rules, the BFP shall
have an online or electronic mechanism in assessing fees,
collecting/accepting payments, and sharing/exchange of other relevant data
on business permit processing with LGUs and other agencies.
RULE X
Interconnectivity Infrastructure Development
SECTION 1. Action of Offices. —
The maximum period for the processing, approval, renewal, and/or
extension of licenses, clearances, permits, certifications or authorizations for
the installation and operation of telecommunication, broadcast towers,
facilities, equipment, and service by the barangay, LGUs and NGAs shall be
seven (7) working days each.
The maximum periods provided in this section may be extended only
once for the same period, provided, that appropriate notices referred to in
Rule VII of these Rules are given to the applicant or requestor prior to the
lapse of the original period.
SECTION 2. Application Deemed Approved. —
If the granting authority or officer of an agency fails to approve or
disapprove an application for a license, clearance, permit, certifications or
authorization within the prescribed processing time stated in the preceding
section, said application shall be deemed approved subject to Rule VIII
hereof. AHCETa
When the approval of the appropriate local legislative body is

necessary, a nonextendible period of twenty (20) working days is prescribed
instead of the periods mentioned in the preceding section.
SECTION 3. Review and Repeal of Outdated, Redundant, and
Unnecessary Licenses, Clearances, Permits, Certifications, or Authorizations .
—
Within three (3) months from the effectivity of these Rules, the
Authority, in coordination with DICT, shall review and recommend the repeal
of outdated, redundant, and unnecessary licenses, clearances, permits,
certifications or authorizations being required by NGAs, LGUs, and private
entities.
During this review, repeal, and streamlining of processes, the Authority
shall adopt the whole of government approach in order to have an integrated
approach to public service delivery characterized by seamless government
transactions across several agencies, inter-operability of government
processes, horizontal coordination, and strengthened linkages among
government units.
The review shall also cover the rationalization of post-construction
fees, including but not limited to tower fees, pole construction fees, and
excavation fees, which are being made a pre-requisite for renewal of
licenses. cHaCAS
SECTION 4. Technical Standards and Operating Guidelines. —

The DICT shall issue the technical standards and operating guidelines
to ensure that appropriate equipment, connectivity, and ICT platform are
established.
RULE XI
Anti-Red Tape Unit, Authority, and Council
SECTION 1. CSC Anti-Red Tape Unit. —
The CSC shall maintain an anti-red tape unit, not lower than a division,
in its central and regional offices, which shall have the following functions:
a) Serve as the focal office for service delivery initiatives in the
civil service;
b) Provide assistance on the conduct of the Report Card Survey
(RCS);
c) Coordinate with the Authority relative to the implementation
of the Act;ScHADI
d) Receive, analyze, and utilize RCS results from the Authority,

and recommend enhancements on service delivery
improvement in the civil service;
e) Receive and review service delivery-related feedback from
CSC stakeholders and interested parties;
f) Cascade information and updates on programs and activities
related to the Act to CSC stakeholders and interested parties;
g) Establish partnerships with key implementers/government
agencies, national and international institutions to ensure
effective implementation of CSC's roles as stated in the Act;
and
h) Perform other CSC-approved roles in relation to the
implementation of the Act.
SECTION 2. Complaints before the CSC Anti-Red Tape Unit. —
The CSC shall receive, review, hear, and decide on complaints on
erring government employees and officials and non-compliance with the
provisions of the Act and subject to the existing civil service laws, rules and
regulations.
SECTION 3. Mandate of the Anti-Red Tape Authority. —
The Anti-Red Tape Authority is mandated to administer and implement
the Act and its implementing rules and regulations, and to monitor and
ensure compliance with the national policy on anti-red tape and ease of
doing business in the country. DACcIH

SECTION 4. Powers and Functions. —
The Authority shall have the following powers and functions:
(a) Implement and oversee a national policy on anti-red tape
and ease of doing business;
(b) Implement various ease of doing business and anti-red tape
reform initiatives aimed at improving the ranking of the
Philippines;
(c) Monitor and evaluate the compliance of agencies covered
under Section 3 of this Act, and issue notice of warning to
erring and/or noncomplying government employees or
officials;
(d) Initiate investigation, motu proprio or upon receipt of a
complaint, refer the same to the appropriate agency, or file
cases for violations of this Act;
(e) Assist complainants in filing necessary cases with the CSC,
the Ombudsman, and other appropriate courts, as the case
may be;
(f) Recommend policies, processes, and systems to improve
regulatory management to increase the productivity,
efficiency, and effectiveness of business permitting and
licensing agencies; aICcHA
(g) Review proposed major regulations of government

agencies, using submitted regulatory impact assessments,
subject to proportionality rules to be determined by the
Authority;
(h) Conduct regulatory management training programs to
capacitate NGAs and LGUs to comply with sound regulatory
management practices;
(i) Prepare, in consultation with the appropriate agencies,
regulatory management manuals for all government
agencies and/or instrumentalities and LGUs;
(j) Provide technical assistance and 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; HSCATc
(l) Enlist the assistance of the CSC, DTI, and other government
agencies (including law enforcement agencies) in the
implementation of its powers and functions provided for in
this Act including acquisition of documents pertinent to an
investigation, or to participate in or conduct the investigation,
subject to the submission of a verified written report to the
Authority; and
(m) Perform such acts as may be necessary to attain the
objectives of the Act.
SECTION 5. Organizational Structure of the Authority. —
a) The Authority shall be under the Office of the President as an
attached agency.
b) The Authority shall be headed by a Director General, who shall
be appointed by the President of the Philippines and whose tenure shall be
coterminous with the latter. The Director General shall enjoy the benefits,
privileges, and emoluments equivalent to the rank of a Secretary.
c) The Director General shall be assisted by three (3) Deputy
Directors General (DDGs), who are career officials as defined in existing
laws, rules, and regulations. One shall be responsible for Legal matters,
another for Operations, while the third shall be responsible for
Administration and Finance. The Deputy Directors General shall likewise be
appointed by the President of the Philippines and shall enjoy the benefits,
privileges, and emoluments equivalent to the rank of Undersecretary. EHaASD
The Director General, in consultation with the CSC, DTI, and DBM shall
determine the organizational structures including regional or field offices,
qualification standards, staffing pattern, and compensation, which shall be
implemented within one (1) year upon the effectivity of this Act. The
organizational structure must be in accordance with the civil service law,
rules, and regulations.
d) In absence of regional or field offices, the Authority may deputize
the regional personnel of DTI to perform its powers and functions.
SECTION 6. Mandate of the Ease of Doing Business and Anti-Red
Tape Advisory Council. —
The Council shall be the policy and advisory body of the Authority. The
Council shall formulate policies and programs that will continuously enhance
and improve the country's competitiveness and ease of doing business.
SECTION 7. Composition of the Council. —
The Ease of Doing Business and Anti-Red Tape Advisory Council shall
be composed of the following: IDTSEH
1. Secretary of the DTI as Chairperson;

2. Director General of the Authority as Vice-Chairperson;
3. Secretary of the DICT;
4. Secretary of the DILG;
5. Secretary of the Department of Finance (DOF); and
6. Two (2) representatives from the private sector.
The department secretaries may designate their representatives, who
shall sit in a permanent capacity, with no less than Undersecretary in rank,
and their acts shall be considered the acts of their principals. The official
designation signed by the department secretary concerned shall be
submitted to the Authority within fifteen (15) days after the effectivity of the
IRR.
The private sector representatives shall be appointed by the President
of the Philippines for a term of three (3) years, and may be reappointed only
once, from the nominees submitted by reputable business groups or
associations. DaIAcC
The Authority shall serve as Secretariat to the Council to be headed by

its Deputy Director General for Operations.
SECTION 8. Powers and Functions. —
The Council shall have the following powers and functions:
a) Plan, draft, and propose a national policy on ease of doing
business and anti-red tape;
b) Recommend policies, processes, and systems to improve
regulatory management and increase the productivity,
efficiency, and effectiveness of permitting and licensing
agencies;
c) Design and identify systems that will continuously enhance
and improve the delivery of services in government and ease
of doing business in the country;
d) Authorize the creation or appointment of specific working
groups or taskforces in aid of the implementation of this Act;
e) Propose legislation, amendments or modifications to
Philippine laws related to anti-red tape and ease of doing
business;
f) Periodically review and assess the country's competitiveness
performance, challenges, and issues; SICDAa
g) Provide technical assistance and advisory opinions in the

review of proposed national or local legislation, regulations,
or procedures;
h) Recommend to the Authority the issuance of the appropriate
measures to promote transparency and efficiency in business
practices and delivery of services in government; and
i) Perform such other functions as may be necessary or as may
be directed by the President of the Philippines for the
successful implementation of the objectives of the Act.
RULE XII
Report Card Survey
SECTION 1. Report Card Survey for Government Services. —
All offices and agencies providing government services shall be
subjected to a Report Card Survey to be initiated by the Authority, in
coordination with the Civil Service Commission (CSC), and the Philippine
Statistics Authority (PSA), which shall be used to obtain feedback on the
following: TAacHE
a) Compliance with the provisions in the Citizen's Charter, of

the Act and its Rules; and
b) Agency performance.
SECTION 2. Report Card Survey as a Tool. —
The Report Card Survey shall be a holistic tool that will measure
effectiveness of the Citizen's Charter in reducing regulatory burdens and the
impact of the human resource systems and programs in delivering efficient
government service. It shall be used to obtain information and/or estimates
of hidden costs incurred by applicants or requesting parties to access
government services which may include, but is not limited to, bribes and
payment to fixers.
SECTION 3. Monitoring and Evaluation Plan. —
The Report Card Survey shall be part of the Monitoring and Evaluation
Plan of all agencies. Results of the survey shall also be incorporated in their
annual reports.
SECTION 4. Report Card Survey Results. —
The result of the survey shall also become the basis for the grant of
agency, local, national, and international awards, recognition and incentives
for excellent delivery of services in all government agencies. DHIcET
RULE XIII
Violations, Jurisdiction, Penalties, and Immunity
SECTION 1. Violations under the Act. —
The following shall constitute violations of the Act and these Rules and
Regulations:
a) Refusal to accept application or request with complete
requirements being submitted by an applicant or requesting
party without due cause;
b) Imposition of additional requirements other than those listed
in the Citizen's Charter;
c) Imposition of additional costs not reflected in the Citizen's
Charter;
d) Failure to give the applicant or requesting party a written
notice on the disapproval of an application or request;
e) Failure to render government services within the prescribed
processing time on any application and/or request without
due cause; HDICSa
f) Failure to attend to applicants or requesting parties who are

within the premises of the office or agency concerned prior to
the end of official working hours and during lunch break;
g) Failure or refusal to issue official receipts; and
h) Fixing and/or collusion with fixers in consideration of
economic and/or other gain or advantage.
SECTION 2. Penalty for the First Offense. —
Administrative liability with six (6) months suspension: Provided,
however, that in the case of fixing and/or collusion with fixers under Section
21 (h), the penalty and liability under Section 22 (b) of the Act shall apply.
SECTION 3. Penalty for the Second Offense. —
Administrative liability and criminal liability of dismissal from the
service, perpetual disqualification from holding public office and forfeiture of
retirement benefits and imprisonment of one (1) year to six (6) years with a
fine of not less than Five Hundred Thousand Pesos (P500,000.00) but not
more than Two Million Pesos (P2,000,000.00).
Dismissal from service shall include accessory penalties such as, but
not limited to, perpetual disqualification from holding public office and
forfeiture of retirement benefits, except terminal leave benefits and personal
contributions to retirement benefits systems such as the Government
Service Insurance System (GSIS), Retirement and Benefits Administration
Service (RBAS), or other equivalent retirement benefits system. HcDSaT
Criminal liability shall also be incurred through the commission of

bribery, extortion, or when the violation was done deliberately and
maliciously to solicit favor in cash or in kind. In such cases, the pertinent
provisions of the Revised Penal Code and other special laws shall apply.
SECTION 4. Cumulative Nature of Offenses. —
The cumulative reckoning of offenses shall be based on the nature of
the prohibited act or omission, such that:
a) If the same prohibited act or omission is committed more
than once, the first act or omission shall constitute the first
offense, the second act or omission shall be deemed the
second offense, and so forth; and
b) If different prohibited acts and omissions are committed
more than once, all such acts and omissions shall be
considered first offense.
SECTION 5. Penalty for Fixing. —
In case of fixing and/or collusion with fixers under Section 21 (h) of the
Act, the penalty provided for the Second Offense shall be imposed. IDaEHC
SECTION 6. Administrative Liability in Relation to Other Charges. —

The finding of administrative liability under the 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 enumerated in Section 21 of the Act.
Moreover, discharge from administrative liability shall not be a bar to civil or
criminal prosecution, and the dismissal of the administrative complaint will
not necessarily result in the dismissal of the civil or criminal complaint filed.
In such cases, the pertinent provisions of the Revised Penal Code and
other pertinent laws, rules or regulations, shall apply.
SECTION 7. Immunity or Discharge of Co-Respondent/Accused to be
a Witness. —
Any public official or employee or any person having been charged
with another offense under the Act and who voluntarily gives information
pertaining to an investigation or who willingly testifies therefor, shall be
exempt from prosecution in the case/s where his/her information and
testimony are given. The discharge may be granted and directed by the
investigating body or court upon the application or petition of any of the
respondent/accused-informant and before the termination of the
investigation when the following circumstances exist: ASTcaE
(a) There is absolute necessity for the testimony of the

respondent/accused-informant whose discharge is requested;
(b) There is no other direct evidence available for the proper
prosecution of the offense committed, except the testimony
of said respondent/accused-informant;
(c) The testimony of said respondent/accused-informant can be
substantially corroborated in its material points;
(d) The respondent/accused-informant has not been previously
convicted of a crime involving moral turpitude; and
(e) Said respondent/accused-informant does not appear to be
the most guilty.
Evidence adduced in support of the discharge shall automatically form
part of the records of the investigation. Should the investigating body or
court deny the motion or request for discharge as a witness, his/her sworn
statement shall be inadmissible as evidence.
RULE XIV
Commencement of Actions, Evaluation, and Investigation
SECTION 1. How Commenced. —
The Authority, motu proprio, or upon complaint received or obtained in
any form, including electronic means, shall take cognizance of and initiate
the investigation of cases. DTCSHA
Referral by other agencies shall, upon appropriate

verification/investigation, be treated as Authority-initiated action.
The Authority shall record the complaint and docket the same and
conduct an evaluation to determine whether the complaint falls within the
scope of the Act and its Rules.
SECTION 2. Complaint. —
The complainant may file with the Authority either an Initial Complaint
or a Formal Complaint.
A Formal Complaint is a written statement, subscribed, and sworn to by
the complainant, and is substantiated by sufficient evidence. All other
complaints are considered as initial complaints.
a) Initial Complaint
i) The Complaint, as far as practicable, shall indicate in a
concise manner the following:
(1) Full name, address, and contact details of the
complainant,
(2) Details of the acts complained of,
(3) Person(s) charged,
(4) Name of agency of the person(s) charged, if
applicable, and
(5) Evidence of such violation.
ii) Complaints which do not disclose the identity of the
complainant will be acted upon and treated as an anonymous
complaint to be given due course by the Authority. Provided,
the complaint provides the details required under Rule XIV,
Section (a) (i) (2-5) of these Rules.
iii) The Complainant may exhaust all means of verbal, written,
and electronic communication available in filing the Initial
Complaint to the Authority. cDSAEI
b) Formal Complaint
i) The Complaint shall be in writing, subscribed, and sworn to by
the complainant and shall set forth in a concise manner the
following:
(1) Full name and address of the complainant,
(2) Full name(s) and address of the person complained of
as well as his/her position and office,
(3) A narration of the relevant and material facts which
shows the acts or omissions allegedly committed,
(4) Certified true copies of documentary evidence and
affidavits of his/her witnesses, if any, and
(5) Certification or statement of non-forum shopping.
It must be signed by the party or his/her authorized representative, if
any.
SECTION 3. Evaluation. —
If, upon evaluation, it is established that the Initial or Formal Complaint
is valid such that it falls within the scope of the Act or its Rules, the Authority
shall commence the investigation of the said complaint. CScTED

However, if the Initial or Formal Complaint does not fall within the
scope of the Act or its rules, the Authority shall refer or endorse the said
complaint to the relevant government agency or disciplining authority for
appropriate action.
SECTION 4. Investigation. —
If, upon evaluation of the Initial Complaint, there is a finding by the
Authority that there exists a probable violation of this Act or these Rules, the
complainant or the Authority, in motu proprio or anonymous complaints
cases, shall execute a Formal Complaint.
Upon execution or the submission of a valid Formal Complaint by the
complainant, which shall be furnished to the person/s complained of, the
Authority shall conduct an investigation.
Investigation by the Authority may be conducted in any of the following
manner: a) requiring the submission of counter affidavit or comment and/or
other documents from the person complained of within seven (7) working
days from receipt of the Formal Complaint; b) ex-parte evaluation of the
records; or c) clarificatory meeting with the parties to discuss the merits of
the case.
When the complaint is initiated by the Authority motu proprio, it or its
authorized representative shall issue a show-cause order directing the
person/s complained of to explain within the same period why no
administrative or criminal case should be filed against said person/s. The
failure to submit a comment/counter-affidavit/explanation shall be
considered a waiver thereof and the investigation may be completed without
the counter-affidavit/comment/explanation. EDCcaS
If a prima facie case is established after investigation, the Authority

shall issue a Final Complaint, directing the filing of the appropriate case/s
against the person/s complained of with the Office of the President (OP),
CSC, the Ombudsman and other appropriate courts, as the case may be.
The filing of the appropriate case(s) may be done by the Authority,
motu proprio, or it may assist the complainant in doing so. The Authority
may recommend the filing of a formal charge, and that, the person(s)
complained of be placed under preventive suspension.
The appropriate disciplining authority may deputize to the Authority
the conduct of preliminary investigation and/or formal investigation of a case
and may recommend the imposition of the appropriate penalty and/or
preventive suspension, if warranted.
SECTION 5. Determination of Facts. —
The investigation includes, but is not limited to, examination of
documents submitted by the complainant, witnesses, and the person
complained of, gathering of documentary evidence including documents
readily available from other government offices and agencies, and interview
of witnesses, for the purpose of determining the facts to build an
administrative or criminal case. cDCEIA

SECTION 6. Guidelines for Investigation and Handling of Complaints.
—
The Authority shall issue further guidelines in the investigation,
including the procedure or process flow in handling complaints.
RULE XV
Transitory Provisions
SECTION 1. Temporary Secretariat. —
The DTI-Competitiveness Bureau (DTI-CB) shall serve as temporary
secretariat of the Authority and Council until such time that the
organizational structure and personnel complement of the Authority have
been determined and filled up.
SECTION 2. Organizational Structure and Personnel Complement of
the Authority. —
The Director General of the Authority, in consultation with the CSC, DTI,
and DBM, shall determine the organizational structure and complement of
the Authority. ISHaCD
The staff of the DTI-Competitiveness Bureau whether in a permanent,

temporary, substitute, coterminous, contractual, or casual in employment
status shall have the option to be absorbed or to be laterally transferred to
the Authority without diminution of their rank, position, salaries, and other
emoluments, subject to existing laws, regulations, and procedures.
SECTION 3. Regulatory Management Programs and Anti-Red Tape
Initiatives. —
All regulatory management programs and anti-red tape initiatives
across government agencies shall be gathered by the Authority.
The DTI, Cooperative Development Authority (CDA), Department of
Finance (DOF), Development Academy of the Philippines (DAP), and National
Economic and Development Authority (NEDA) shall submit to the Authority a
report on the status of their respective projects related to regulatory
management. Accordingly, the Authority shall coordinate with the above-
mentioned agencies or offices on the regulatory management program and
anti-red tape initiatives that shall be submitted. DHESca
SECTION 4. Information Dissemination Campaign. —

The Authority shall take the lead role in the conduct of an information
dissemination campaign in all NGAs and LGUs nationwide to inform them of
the Act and of these Rules and Regulations.
The CSC and the Council shall support and ensure advocacy,
communication, and social mobilization programs to heighten awareness of
the Act and these Rules, particularly on the adoption of simplified
requirements and procedures that will reduce red tape and expedite
business and non-business related transactions in government.
The Authority shall carry out the following functions in relation to
information dissemination:
a) Prepare and implement a comprehensive and strategic
communication plan to educate and engage on a continual
basis all interested parties and stakeholders;
b) Designate an official spokesperson who shall handle press
briefings or interviews; and
c) Coordinate with media in the dissemination of information
regarding the implementation of this Act and its IRRs.
cDTACE
The CSC shall provide support in education and engagement of officers

and employees in the government for awareness of the Act and these Rules.
RULE XVI
Final Provisions
SECTION 1. Guidelines. —
The Authority may issue such guidelines to further clarify and
effectively implement these Rules and Regulations.
SECTION 2. Separability Clause. —
If any of the provisions of these Rules and Regulations shall be
declared by a court of competent jurisdiction to be invalid, void, or
unconstitutional, such provision shall be deemed deleted and shall not affect
the validity of the rest of the provisions which shall remain in full force and
effect.
SECTION 3. Repealing Clause. —
All provisions of laws, presidential decrees, letters of instruction,
existing administrative orders, circulars, rules and regulations, and other
presidential or executive issuances incompatible or inconsistent with the
provisions of the Acts are hereby deemed amended or repealed accordingly.
TEHIaD
SECTION 4. Effectivity Clause. —

These Rules and Regulations shall take effect fifteen (15) days from
publication either in the Official Gazette or in two (2) national newspapers of
general circulation and from filing of three (3) certified copies in the
University of the Philippines Law Center.
Done, in the City of Pasay, this 17th day of July in the year 2019.
(SGD.) ALICIA DELA ROSA-BALA

Civil Service Commission
Chairperson
(SGD.) ATTY. JEREMIAH B. BELGICA

Anti-Red Tape Authority
Director General

(SGD.) RAMON M. LOPEZ
Department of Trade and Industry
Secretary
Published in the Philippine Daily Inquirer on August 16, 2019.

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July 17, 2019

CSC-ARTA-DTI JOINT MEMORANDUM CIRCULAR NO. 001 S. 2019

THE IMPLEMENTING RULES AND REGULATIONS OF REPUBLIC ACT NO.

WHEREAS, Article II, Section 27 of the Constitution provides that the

WHEREAS, Republic Act No. 9485 otherwise known as the Anti-Red

SECTION 4. Definition of Terms. —

m) Business-related transactions — a set of regulatory

y) Employee — refers to a person who works for an agency

hh) Highly technical application or transaction — a

uu) Permit — is a permission evidenced by a certiﬁcate issued

fff) Rewards and Incentives — a sum of money or other

ooo) Working day — refers to a day where oﬃcers and

c) Substantial Compliance Costs. These are the incremental

Government agencies must initiate a review for each of their

The reengineering process shall include an interagency review of key

SECTION 5. Regulatory Impact Assessment (RIA). —

b) RIA requirement. All government agencies covered under Section

In addition, all local government units, in coordination with the DILG,

The Citizen's Charter of each agency has a dual purpose — it shall be

a) A comprehensive and uniform checklist of requirements for

d) The maximum time to conclude the process.

SECTION 3. Responsibilities of Government Agencies. —

b) Develop and foster client feedback mechanism and client

SECTION 5. Responsibilities of the Authority. —

For the effective implementation of the "zero-contact policy," electronic

b) For complex and/or highly technical transactions . An

SECTION 2. Acceptance of Applications and Requests. —

For processes that involve several stages with corresponding

SECTION 3. Action of Offices. —

ii. In the event that securing a written notiﬁcation and

d) If the application or request for license, clearance, permit,

f) No application or request shall be returned to the applicant or

SECTION 5. Limitation of Signatories. —

a) If there is only one oﬃcial next in rank, he/she shall

SECTION 7. Adoption of Working Schedules to Serve Clients. —

In the exigency of service in times of natural calamities, peak season,

The oﬃce or agency shall institute hotline numbers, short message

b) In cases of agencies performing quasi-judicial functions,

b) This single or uniﬁed business application form shall be used in

In the absence of Regional NERBACs or SME Centers, a business one

b) Cities/Municipalities with electronic BOSS shall develop electronic

SECTION 10. Barangay Clearances and Permits. —

SECTION 15. Certification of Fire Incidents for Fire Insurance. —

"Recommend" shall mean anything that the BFP or its

iv. Prohibiting or discouraging any applicant or client from

SECTION 20. Online Electronic Mechanism. —

When the approval of the appropriate local legislative body is

SECTION 4. Technical Standards and Operating Guidelines. —

d) Receive, analyze, and utilize RCS results from the Authority,

CD Technologies Asia, Inc. © 2022 cdasiaonline.com

(g) Review proposed major regulations of government

1. Secretary of the DTI as Chairperson;

The Authority shall serve as Secretariat to the Council to be headed by

g) Provide technical assistance and advisory opinions in the

a) Compliance with the provisions in the Citizen's Charter, of

f) Failure to attend to applicants or requesting parties who are

Criminal liability shall also be incurred through the commission of

SECTION 6. Administrative Liability in Relation to Other Charges. —

(a) There is absolute necessity for the testimony of the