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”

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 of 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;

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 no 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 document 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 interest 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 govenrment 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 invoice 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 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;

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 Committee (FSIC) – i 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 govenrment 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 of 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 request, 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 back0end/support services and regulatory functions related to permitting, licensing and issuance of a privilege, right, reward, clearance, authorization or concession;

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 services 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 resolutions – 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 if 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 govenrment 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 govenrment agencies to the city/municipality prior to the business renewal period;

rr) Non-business transactions – all other govenrment 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;

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) years, 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 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, rules, 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 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 option 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 burden 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 govenrment 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 service, 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;

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 govenrment to govenrment, and designating points of service in accordance with the life cycle of citizens and businesses, respectively;

ooo) Working day – refers to a day where officers and employees are required to render work;

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;

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 govenrment service to the applicant or requesting party;

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 govenrment services and the feasibility of establishing one-stop shops.

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 exiting regulation and all the necessary documentations used in conducting the research for the proposed and existing regulation.

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 regulation. The regulatory agency shall properly disseminate the result of the RIA on a particular regulations as a feedback and feedforward mechanism.

c) Submission of RIS to the Authority. RIS submitted by any agency shall be reviewed by the Authority. Meeting 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.

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.

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.

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 activity that agencies fails 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.

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.

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 thereof.

b) The receiving officer or employee shall preliminarily assess the completeness of the application or request and its supporting documents vis-a-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.

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 govenrment and the applicant or requesting party regarding the subject application or request.

c) The receiving officer or employee shall issue to the applicant an acknowledgment 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.

a) All applications or request for govenrment 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.

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 maid and/or SMS (short messaging 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 has already been issued.

The presumption of prior approval shall be disputable and subject to postaudit confirmation. In case of failure during post-audit, the issued permit/license shall be revoked.

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 govenrment 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.

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.

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 rank next lower in rank in the same organizational unit.

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.

b) In cases of agencies performing quasi-judicial functions, automatic approval shall only apply to issuance of a license, clearance, permit, certification, or authorization.

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.

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 govenrment units.

e) The Authority, in coordination with the concerned agencies, shall be responsible for regularly updating and maintaining the unified business application form.

f) The DICT shall issue the guidelines on the process flow of filing applicants or requests through the central Business Portal, and its acceptance, processing and feedback mechanism by concerned agencies.

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 (MSMEs) within their jurisdiction.

c) In case there is no Negosyo Center in the city/municipality, Section 3 of RA 10644 and its IRR (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.

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 mutual 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.

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.

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.

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 FSIP 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.

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.

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.

“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.

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;

iv. Prohibiting or discouraging any applicant or client from buying a fire extinguisher from a particular merchant.

(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 request 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;

(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;

(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.

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 Director 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.

The Director General, in consultation with the CSC, DTI, 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.

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.

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 workings 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;

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.

a) Compliance with the provisions in the Citizen’s Charter, or the Act and its Rules; and

b) Agency performance.

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 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;

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.

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.

a) Initial Complaint

i) The Complainant, 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) Complainants 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 2(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.

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.

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.