Ease of doing business act

Nelly Favis-Villafuerte • RA11032 (Ease of Doing Business Act)applies “to all government offices and agencies including local government offices and agencies including local government units (LGUs), government-owned or controlled corporations and other government instrumentalities, whether located in the Philippines or abroad, that provide services covering business and nonbusiness - related transactions as defined in this Act.”(See Section 3, RA 11032) • “The receiving officer or employee shall assign a unique identification number to an application or request, which shall be the identifying number for all subsequent transactions between the government and the applicant or requesting party regarding such specific application or request.”(See Section 9 (3), RA 11032) • “The receiving officer or employee shall issue an acknowledgement receiptcontaining 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 application or request.”(See Section 9 (4), RA 11032) • “All applications or request submitted shall be acted upon by the assigned officer or employee within the prescribed processing time stated in the Citizens 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 and/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 application, 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.”(See Section 9 B (1), RA 11032) • “The maximum time prescribed above may be extended only once for the same number of days, which shall be indicated in the Citizen’s Charter.” (See Section 9 B (1), RA 11032) • “Any denial of application or request is deemed to have been made with the permission or clearance from the highest authority having jurisdiction over the government office or agency concerned.”(See Section 9 (c), RA 11032) • “Any denial of application or request for access to government service shall be fully explained in writing, stating the name of the person making the denial and the ground upon which such denial is based. (See Section 9 (c), RA 11032) • “All government agencies covered under Section 3 or this Act shall, when applicable, develop electronic versions of licenses, clearance, 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.” (See Section 9 (e), RA 11032) • “All employees transacting with the public shall be provided with an official identification card which shall be visibly worn during office hours.” (See Section 9 (g), RA 11032) • “The application or request for license, clearance permit, certification or authorization shall require the approval of the local Sangguniang Bayan, SangguniangPanlungsod, or the Sangguniang Panlalawigan as 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”. (See Section 9 B (1), RA 11032) • “If a government office or agency fails to approve or disapprove an ORIGINAL application or request for issuance of license, clearance, permit, certification or authorization within the prescribed processing time, said application or request shall be deemed approved: Provided, that all required documents have been submitted and all required fees and charges have been paid. The acknowledgement receipt together with the official receipt for payment of all required fees issued to the applicant or requesting party shall be enough proof or has the same force and effect of a license, clearance, permit, certification or authorization under this automatic approval mechanism.” (See Section 10, RA 11032) • “If a government office or agency fails to act on an application or request for RENEWAL of a license, clearance, permit, certification or authorization subject for renewal within the prescribed processing time, said license, clearance, permit, certification or authorization shall automatically be extended: Provided, That the Authority, coordination with the Civil Service Commission (CSC), Department of Trade and Industry (DTI), Securities and Exchange Commission (SEC), Department of the Interior and Local Government (DILG) and other agencies which shall formulate the IRR of this Act, shall provide a listing of simple, complex, highly technical applications, and activities which pose danger to public health, public safety, public morals or to public policy. (See Section 10, RA 11032) (To be continued) Have a joyful day! (For comments/reactions please send to Ms. Villafuerte’s email: villafuerte_nelly@yahoo.com).