republic act 9485

8/9/2019 Republic Act 9485

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S. No 25S9H No. 3116

Begun and held in Metro Manila, on Monday, the nineteenth day ofFebruary, two thousand seven.

[ REPUBLICcr No. 94 85 1.4N ACT TO IMPROVE EFFICIENCY IN THE DELIVERY O FGOVERNMENT SERVKE TO THE PLBLIC BY REDUC71\IG

BUREAUCRATIC RED TAPE. PRE\IENTI"TIN GRAFT ANDCORRIJPTION, AND PROVIDING PENAIXES THEREFOR

Be i f eimcted by flze Scnufe und House of Represeiztntives oftke Philippines in Congress assembled:

SECTION . Short Title. - This Act shall be known asthe "Anti-Red Tape Act of 2007".

SEC.2. DecIai-ationofPolicy. - I t is hereby declared thepolicy of the State to promote integrity, accountability, propermanagement of public affairs and public property as well as

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3(d) Xction refers to the written approval or disapproval made by a government office or agency on the application or

request submitted by a client for processing.(e) Officer or Employee refers to a person employedm a government office or agency required to perform specific

duties and responsibilities related to the application or requestsubmitted by a client for processing.

(0 Irrelevant requ&inentsrefer t o any document orperformance of an act not directly material to the resolutionof the issues raised in the request or needed in the applicationsubmitted by the client.

(9) Fixerrefers to any individual whether o r notofficially in:olved in the operation of a government office :iragency who has access to people working therein, and whetheror not in collusion with them, facilitates speedy coinpletioii oftransactions for pecuniary gain or any other advantage orcoiisideration.

SEC. 5. Reengineering of Systems and Psocedures. - Alloffices and agencies which provide frontline services arehereby mandated to regularly undertake time and motionstudies, undergo evaluation and improvemeiit of theirtransaction systems and procedures and re-engineer the sameif deemed necessary to reduce bureaucratic red tape andprocessing time.

SEC.6. Citizens Charter. - All government agenciesincluding departments, bureaus, offices, instrumentalities, orgovernment-owned and/or controlled corporations, or localgovernment o r district units shall set up their respectiveservice standards to be known as the Citizens Charter in theform of information billboards which should be posted a t themain entrance of offices or at the most conspicuous place, andin the form of published materials written either in English,Filipino, or in the local dialect, that detail:

(a) The procedure to obtain a particular service;@) The personis responsible for each step;


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which shall not be longer than five working days in th e caseof simple transactions and ten (10) working days in the caseof complex t rans act ion s f rom th e date t he re qu es t orapplication was received. Depending on the na ture of thefrontline services requested or the mandate of the office oragency under unusual circumstances, the maximum timeprescribed above may be extended. For the extension due tothe nature of frontline services or the mandate of the officeor agency concerned, the period for the delivery of frontlineservices shall be indicated in the Citizen's Charter. The officeor agency concerned shal l notify the requesting par ty inwriting of the reason for the extension and the final date ofrelease for the extension and the final date of release of thefrontline servicek requested.

(2 ) No application or request shiil be re tu ne d to theclient without appropriate action. In case an application orrequest is disapproved, the officer or employee who renderedthe decision shall send a formal notice to the client withinfive working days fi.oiil the receipt of the request and/or~pplicatioii,stating therein the l'easoii for the disapprovalinclucling a list of specific requiwinentis which the client failedto submit,.

(c) Denial of Request for Access t o Goveriiment Service- Any denial of request for access to governinent servlce shallbe fully explained in writing, stating the name of the personmaking the denial aiid the grounds upoii which such denialis based. A-ny denial of request is deemed to have been madewith the permission or clearance from the highest authorityhaving jurisdiction over the government office or agencyconcerned.

(d) Limitation of Signatories - The number of signatoriesin any document shall be limited t o a maximum of fivesignatures which shall represent officers directly supervisingthe office or agency concerned.

(e) Adoption of Working Schedules to Serve Clients -Heads of offices and agencies which render frontline servicesshall adopt appropriate working schedules to ensme that allclients who are within their premises prior to the end of


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8(b) Grave Offense - Fixing and/or collusion with fixers

in consideration of economic andlor other gain or advantage.Penalty - Dismissal and perpetual disqualification from

public service.SEC. 12. Criminal Liability for Fixers. - In additionto Section ll(b), ixers, as defined in this Act, shall suffer the

penalty of iinprisonment not exceeding six years or a fineof not less than Twenty thousand pesos (P20,OOO.OO) butnot more than Two hundred thousand pesos (P200,000.00) orboth fine and iinprisonment a t the discretion of the court.

SEC. 13 . Civil and Criininal Liability, Not Barred. - Thefinding of administrative liability under this Act shall not bea bar to the filing of crimina!, civil or other related chargesunder existing laws arising from the same act or omission asherein enumerated.

Sllc. 1 4 . A d m i n i s t r a t i v e ..Jiirisdiction. - Theadministrative jurisdiction on any violation of the provisionsof tbi s Act shal l be vested iii c i th er th e Civil S e m l c eCotiiinission (CSC), the Presidential Anti-Graft Cominissioi~( P A G C j OY the Office of the Oinbadsiiian as deteriniiied h yaplivopriate laws and issuances.

S E C . 15. Inimimiv;Disc IwEe of Co-Respolidelit/flccli~e~to be a GIGtness. - Any public official or employee or anyperson having been charged with another under this Act andwho voluntarily gives inforiiiation pertaining to an investigationo r who willingly testifies therefore, shall be exempt fromprosecution in the casels where hisiher inforniation andtestimony are given. The discharge may be granted anddirected by the investigating body o r court upon the applicationor petition of any of the respoiideiitlaccused-inforniaiit. audbefore the termination of the investigation: Provided, That:

There is absolute necessity for the testiinony of the)respondentlaccused-informant whose discharge is requested;


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9There is no other direct evidence available for the

proper prosecution of the offense committed, except thetestimony of said respondentlaccused-informant;

b)

c) The testimony of said respondentiaccused-informantcan be substantially corroborated in its material points;d) The respondentiaccused-informant has not beenpreviously convicted of a crime involving moral turpitude; and

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 nvestigating body or court deny the motion srrequest for discharge as a witness, hislher sworn statementshall be inadmissible as evidence.

SEC. 6. Iinplementing Rules and Regulations. - TheCivil Service Commission, in coordination with the DevelopmentAcademy of the Philippines (DAP) , the Office of theOmbudsman and the Presidential Anti-Graft Commission(PAGC), shall promulgate the necessary rules and regulationswithin ninety (90) days from the effectivity of this Act.

SEC. 7. SeparabiIity Clause. - If any provision of thisAct shall be declared invalid o r unconstitutional, suchdeclaration shall not affect the validity of the remainingprovisions of this Act.

SEC. 18. Repealing Clause. - All provisions of laws,presidential decrees, letters of instruction and other presidentialissuances which are incompatible or inconsistent with theprovisions of this Act are hereby deemed amended or repealed.


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republic act 9485

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