anti-red tape act by gideon mayet-an
TRANSCRIPT
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BENGUET STATE UNIVERSITYMASTER IN PUBLIC ADMINISTRATION
Presented By:
Gideon S. Mayet-an
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An Act to Improve Efficiency in An Act to Improve Efficiency in the Delivery of Government the Delivery of Government Service to the Public by Service to the Public by Reducing Bureaucratic Red Reducing Bureaucratic Red Tape, Preventing Graft and Tape, Preventing Graft and Corruption, and Providing Corruption, and Providing Penalties Therefore Penalties Therefore
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Transparency
Accountability
Absence of
Corruption
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- Adam Smith
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Citizen’s Right to Citizen’s Right to InformationInformation
“The right of information on matters of public concern shall be recognized.
Access to official records, and to documents, and papers pertaining to
official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be
afforded the citizen, subject to the limitations as may be provided by law.”
Article 3, Section 7 of the 1987 Philippine Constitution
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What is a Citizen’s What is a Citizen’s Charter?Charter?
A public document that communicates in simple terms
information on the services provided by the government to its citizens (Nikos in Haque 2005). It
describes the step-by-step procedure for availing a particular
service, and the guaranteed performance levels that they may expect for that service (James et
al. 2005 & Paul 2002)
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Service title - Indicates the title of the service that the office is providing. Office address - Identifies the office performing the specific service including the address, the telephone number and the Head of Office or In-ChargeService description - Briefly states the basis and rationale of the service. It also states if the service is a pre-requisite to another service. Service standards - Provides a description of level and quality of service.
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Client/Customers - Specifies who are eligible to avail the service, whether groups or individuals.Requirements - States the documents which have to be submitted and/or presented before the application can be processed.Schedule of availability of service - Identifies the days and time by which clients can go to the office to avail of the service.Fees and charges - Indicates the charges that the client will have to pay in availing of the entire service.
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Procedure - Describes the steps and procedures in availing and/or providing the service. Duration of activity – States the estimated time that the activity can be undertaken once the assigned person starts undertaking it. This does not include the queuing time.Person-in-charge – Indicates the name and/or position of the person responsible for ensuring that the activity is undertaken.
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Feedback and complaints procedures - Outlines the steps that clients could take in case the personnel fail to deliver the service.Performance pledge – States the commitment to perform and adhere to the promises contained in the charter.Redress – identifies measures to make amends in case of the service standard is not met.
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Citizen’s Charter in the form of billboards should be posted at the main entrance of offices or at the most conspicuous place, and in the form of published materials written in English, Filipino, or in the local dialect”
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As a transparency tool:
Provides a clear expression of what services an organization provides and what citizen’s can expect
Defines standard procedures, fees and charges, and other requirements
Specifies responsible offices providing the services
What are the uses of a What are the uses of a Cit izen’s Charter?Cit izen’s Charter?
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As an accountability tool:
•Contains commitments which serve as a promise to be fulfilled by the civil servants
•Provides a mechanism for citizens to give feedback on public services as well as make suggestions for improvement
•Provides redress mechanism for citizens when service commitments are not fulfilled or when they are not satisfied with the service
What are the uses What are the uses of a Citizen’s of a Citizen’s Charter?Charter?
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Sample Performance Pledge
We, the officials and employees of the ____________ pledge and commit to deliver quality public services as promised in this (name of charter). Specifically, we will:
Serve with integrity.Be prompt and timely.Display procedures, fees and charges.Provide adequate and accurate information.Be consistent in applying rules.Provide feedback mechanism. Be polite and courteous. Demonstrate sensitivity and appropriate behavior and professionalism. Wear proper uniform and identification.Be available during office hours.Respond to complaints.Provide comfortable waiting area.Treat everyone equally. Signed: Officials and employees
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Sample Feedback Mechanism: Dumaguete City
In the course of securing any particular service, a client/applicant may feel that the service provider or office personnel are not providing the expected courtesy, transparency, honesty and efficiency. In such cases, the applicant is strongly encouraged to bring this to the attention of the head of the office concerned. The head of office will call the concerned staff and discuss the matter in the presence of the applicant. The applicant may also choose to personally bring the matter to the City Administrator or call telephone number 225 4563.
All offices/departments are provided with Community Response and Customer Feedback Forms. Please take time to fill up the form and submit the same to the city mayor’s office or city administrator’s office. Applicants/clients are also encouraged to suggest ways and processes to improve the quality of service. These suggestions will be taken up by the concerned offices.
Source: City Government of Dumaguete, Citizen’s Transaction Guidebook, First Edition, 2006
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Sample Customer Feedback Form
NAME(PANGALAN)
ADDRESS (TIRAHAN)
PHONE NUMBER (TELEPONO)
E-MAIL ADDRESS
DEPARTMENT (DEPARTAMENTO)--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------COMPLIMENT OR COMMENT? (PAPURI o KOMENTO?)--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------WHAT IS YOUR COMPLAINT? (ANO PO ANG INYONG REKLAMO?)--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------WHEN DID IT HAPPEN? (KAILAN PO NANGYARI?)--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------WHAT WOULD YOU LIKE US TO DO? (ANO PO ANG GUSTO NINYONG GAWIN NAMIN?)--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------SIGNATURE (LAGDA)--------------------------------------- DATE (PETSA) --------------Would you like a written reply? (Nais nyo po ba ng sagot na nakasulat?) Yes (Oo) No (Hindi)
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COVERAGE(Section 3, R.A. No. 9485)
This Act shall apply to:
• All government offices and agencies
• Including local government units
• Government-owned or-controlled corporations
that provide FRONTLINE SERVICES
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“Frontline Service” = transaction between clients and government offices/agencies (applications for any privilege, right, permit, reward, license, concession, or for any modification, renewal or extension of the enumerated applications and/or requests)
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RULES ON ACCESSING FRONTLINE SERVICES(Section 8, R.A. No. 9485)
Acceptance of Applications and Requests
•All employees shall accept written applications/ requests submitted by clients•Responsible employee shall acknowledge receipt of application/request •Receiving employee shall perform a preliminary assessment of the request and determine the sufficiency of submitted requirements for a request/application•All applications/requests shall be acted upon within the period prescribed under the Citizen’s Charter -- five days for simple transactions and 10 days for complex transactions
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“Simple Transactions” = requests or applications which only require ministerial actions on the part of the public officer or employee
“Complex Transactions” = requests or applications which necessitate the use of discretion in the resolution of complicated issues by an officer or employee
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RULES ON ACCESSING FRONTLINE SERVICES(Section 8, R.A. No. 9485)
•No application or request shall be returned to the client without appropriate action
•In case an application or request is disapproved the officer or employee who rendered the decision shall send a formal notice to the client within five (5) working days from the receipt of the request/application, stating the reason for the disapproval and a list of specific requirement/s which the client failed to submit
•Any denial of request for access to government service shall be fully explained in writing
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RULES ON ACCESSING FRONTLINE SERVICES(Section 8, R.A. No. 9485)
•Limitation of signatories to maximum of five;
•Frontline service even during lunch break and after regular working hours; •Wearing of official identification card when transacting with public; •Establishment of public assistance/complaints desk.
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DEFINITION OF TERMS(Section 4, R.A. No. 9485)
“Action” = written approval or disapproval made by a government office or agency
“Irrelevant requirements” = any document/ performance of an act not directly material to the resolution of the request or application
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RE-ENGINEERING OF SYSTEMS AND PROCEDURES(Section 5, R.A. No. 9485)
• time and motion studies,
• evaluation and improvement of transaction systems and procedures
• reengineer the same if deemed necessary
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ACCOUNTABILITY OF HEADS OF AGENCIES(Section 7, R.A. No. 9485)
• primarily responsible for the implementation of the Act • 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.
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AUTOMATIC EXTENSION OF PERMITS AND LICENSES(Section 9, R.A. No. 9485)
EXCEPTION:when the permit, license or authority covers activities which pose danger to public health, public safety, public morals or to public policy including, but not limited to, natural resource extraction activities
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REPORT CARD SURVEY(Section 10, R.A. No. 9485)
THE CSC AND CDA ARE RESPONSIBLE
• to obtain feedback on how provisions of the Citizen’s Charter are being followed and how the agency is performing
• to obtain information and/or estimates of hidden costs incurred by clients to access frontline services (may include, but not limited to bribes and payment to fixers)
• the results of feedback mechanism shall be incorporated in the annual report.
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Light Offenses1. Refusal to accept application and/or request within the
prescribed period
2. Failure to act on an application and/or request or failure to refer back to the client a request which cannot be acted upon due to lack of requirement/s within the prescribed period
3. Failure to attend to transacting clients within the premises of the agency before the end of official working hours, and during lunch break
4. Failure to render frontline services within the prescribed period on an application and/or request without due cause
5. Failure to give the client a written notice on the disapproval of an application or request
6. Imposition of additional irrelevant requirements
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• First Offense - Thirty days suspension without pay and mandatory attendance in Values Orientation Program
• Second Offense – Three months suspension without pay
• Third Offense – Dismissal and perpetual disqualification from public service
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• Fixing and/or collusion with fixers in consideration of economic and/or other gain or advantage
PENALTY:
• Dismissal and perpetual disqualification from public service
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Refers to any individual whether or not officially involves in the
operation of a government office or agency who has 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
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CRIMINAL LIABILITY FOR FIXERS(Section 12, R.A. No. 9485)
In addition to the liability for grave offenses, fixers shall suffer the penalty of:
• Imprisonment not exceeding six years or
• Fine of P20,000 to P200,000 or• Both
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ADMINISTRATIVE JURISDICTION
Presidential Appointees
•Office of the Ombudsman •Presidential Anti-Graft Commission
Other Government Personnel
•Civil Service Commission•Office of the Ombudsman
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IMMUNITY; DISCHARGE OF CO-RESPONDENT/ACCUSED TO BE A WITNESS- having been charged with another under the Act
- voluntarily gives information pertaining to an investigation
- willingly testifies therefor
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IMMUNITY; DISCHARGE OF CO-RESPONDENT/ACCUSED TO BE A WITNESS
CONDITIONS:
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
e) Said respondent/accused-informant does not appear to be the most guilty
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For the citizen:
More predictable and streamlined processes in availing services
More transparent transactions that can reduce the incidence of corruption
Decreased transaction costs
What are the benefits?What are the benefits?
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For the government:
Increased productivity and efficiency brought about by the adherence of public servants to service standards
Improved and more streamlined systems and procedure in public service delivery
Identification of areas for service delivery improvement
What are the benefits?What are the benefits?
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ULTIMATE GOAL:ULTIMATE GOAL:
Happy and satisfied customers/constituents Greater efficiency in the utilization of public
resources Reduced vulnerability and incidence of
corruption Improved citizen’s trust and confidence in
government
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A well-informed citizen is a better citizen!