ACT NO. 9485
REPUBLIC ACT NO. 9485
[S. No. 2589 & H. No. 3776] - AN ACT TO IMPROVE EFFICIENCY IN THE
DELIVERY OF GOVERNMENT SERVICE TO THE PUBLIC BY REDUCING BUREAUCRATIC RED TAPE
PREVENTING GRAFT AND CORRUPTION, AND PROVIDING PENALTIES THEREFOR
Begun and held in Metro Manila, on
Monday, the Nineteenth day of February, Two Thousand Seven.
Be it enacted by the Senate and the House of Representatives of the Philippines
in Congress assembled:
Section 1. Short Title. - This Act shall be known as the “Anti-Red Tape Act
Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State
to promote integrity, accountability, proper management of public affairs and
public property as well as to establish effective practices aimed at the
prevention of graft and corruption in government. Towards this end, the State
shall maintain honesty and responsibility among its public officials and
employees, and shall take appropriate measures to promote transparency in each
agency with regard to the manner of transacting with the public, which shall
encompass a program for the adoption of simplified procedures that will reduce
red tape and expedite transactions in government.
Sec. 3. Coverage. - This Act shall apply to all government offices and agencies
including local government units and government-owned or -controlled
corporations that provide frontline services as defined in this Act. Those
performing judicial, quasi-judicial and legislative functions are excluded from
the coverage of this Act.
Sec. 4. Definition of Terms. - As used in this Act, the following terms are
defined as follows:
(a) “Simple Transactions” refer to requests or
applications submitted by clients 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.
(b) “Complex Transactions” refer to requests or applications submitted by
clients of a government office which necessitate the use of discretion in the
resolution of complicated issues by an officer or employee of said government
office, such transaction to be determined by the office concerned.
(c) “Frontline Service” refers to the process or transaction between clients
and government offices or agencies involving applications for any privilege,
right, permit, reward, license, concession, or for any modification, renewal or
extension of the enumerated applications and/or requests which are acted upon
in the ordinary course of business of the agency or office concerned.
(d) “Action” refers to the written approval or disapproval made by a government
office or agency on the application or request submitted by a client for
(e) “Officer or Employee” refers to a person employed in a government office or
agency required to perform specific duties and responsibilities related to the
application or request submitted by a client for processing.
(f) “Irrelevant requirement” refer to any document or performance of an act not
directly material to the resolution of the issues raised in the request or
needed in the application submitted by the client.
(g) “Fixer” refers to any individual whether or not officially involved 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
Sec. 5 Reengineering of Systems and Procedures. - All offices and agencies
which provide frontline services are hereby mandated to regularly undertake
time and motion studies, undergo evaluation and improvement of their
transaction systems and procedures and re-engineer the same if deemed necessary
to reduce bureaucratic red tape and processing time.
Sec. 6. Citizen’s Charter. - All government agencies including departments,
bureaus, offices, instrumentalities, or government-owned and/or controlled
corporations, or local government or district units shall set up their
respective service standards to be known as the Citizen’s Charter in the form
of information billboards which should be posted at the main entrance of
offices or at the most conspicuous place, and in 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;
(b) The person/s responsible for each step;
(c) The maximum time to conclude the process;
(d) The document/s to be presented by the customer, if necessary;
(e) The amount of fees, if necessary; and
(f) The procedure for filing complaints.
Sec. 7. Accountability of
the Heads of Offices and Agencies. - The head of the office or agency shall be
primarily responsible for the implementation of this Act 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.
Sec. 8. Accessing Frontline Services. - The following shall be adopted by all
government offices and agencies:
(a) Acceptance of Applications and Request - (1) All
officers or employees shall accept written applications, requests, and/or
documents being submitted by clients of the office or agencies.
(2) The responsible officer or employee shall acknowledge receipt of such
application and/or request by writing or printing clearly thereon his/her name,
the unit where he/she is connected with, and the time and date of receipt.
(3) The receiving officer or employee shall perform a preliminary assessment of
the request so as to promote a more expeditious action on requests.
(b) Action of Offices - (1) All applications and/or requests submitted shall be
acted upon by the assigned officer or employee during the period stated in the
Citizen’s Charter which shall not be longer than five working days in the case
of simple transactions and ten (10) working days in the case of complex
transactions from the date the request or application was received. Depending
on the nature of the frontline services requested or the mandate of the office
or agency under unusual circumstances, the maximum time prescribed above may be
extended. For the extension due to nature of frontline services or the mandate
of the office or agency concerned the period for the delivery of frontline
services shall be indicated in the Citizen’s Charter. The office or agency
concerned shall notify the requesting party in writing of the reason for the
extension and the final date of release for the extension and the final date of
release of the frontline service/s requested.
(2) 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 working days from the receipt of the request and/or
application, stating therein the reason for the disapproval including a list of
specific requirement/s which the client failed to submit.
(c) Denial of Request for Access to Government Service - Any denial of request
for access to government service shall be fully explained in writing, stating
the name of the person making the denial and the grounds upon which such denial
Any denial of 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.
(d) Limitation of Signatories - The number of signatories in any document shall
be limited to a maximum of five signatures which shall represent officers
directly supervising the office or agency concerned.
(e) Adoption of Working Schedules to Serve Clients - Heads of offices and
agencies which render frontline services shall adopt appropriate working
schedules to ensure that all clients 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.
(f) Identification Card - All employees transacting with the public shall be
provided with an official identification card which should be visibly worn
during office hours.
(g) Establishment of Public Assistance/Complaints Desk - Each office or agency
shall establish a public assistance/complaints desk in all their offices.
Sec. 9. Automatic
Extension of Permits and Licenses. - - If a government office or agency fails
to act on an application and/or request for renewal of a license, permit or
authority subject for renewal within the prescribed period, said permit,
license or authority shall automatically be extended until a decision or
resolution is rendered on the application for renewal: Provided, That the
automatic extension shall not apply 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
Sec. 10. Report Card Survey. - All offices and agencies providing frontline
services shall be subjected to a Report Card Survey to be initiated by the
Civil Service Commission, in coordination with the Development Academy of the
Philippines, which shall be used to obtain feedback on how provisions in the
Citizen’s Charter are being followed and how the agency is performing.
The Report Card Survey shall also be used to obtain information and/or
estimates of hidden costs incurred by clients to access frontline services
which may include, but is not limited to, bribes and payment to fixers.
A feedback mechanism shall be established in all agencies covered by this Act
and the results thereof shall be incorporated in their annual report.
Sec. 11. Violations. - After compliance with the substantive and procedural due
process, the following shall constitute violations of this Act together with
their corresponding penalties:
(a) Light Offense –
(1) Refusal to accept
application and/or request within the prescribed period or any document being
submitted by a client;
(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 clients who are within the premises of the office or
agency concerned prior to the end of official working hours and during lunch;
(4) Failure to render frontline services within the prescribed period on any
application and/or request without due cause;
(5) Failure to give the client a written notice on the disapproval of an
application or request; and
(6) Imposition of additional irrelevant requirements other than those listed in
the first notice.
Penalties for light offense shall be as follows:
First Offense - Thirty (30) days suspension without
pay and mandatory attendance in Values Orientation Program;
Second Offense - Three (3) months suspension without pay; and
Third Offense - Dismissal and perpetual disqualification from public service.
(b) Grave Offense -
Fixing and/or collusion with fixers in consideration of economic and/or other
gain or advantage.
Penalty - Dismissal and perpetual disqualification
from public service.
Sec. 12. Criminal
Liability for Fixers. - In addition to Sec. 11 (b), fixers, as defined in this
Act, shall suffer the penalty of imprisonment not exceeding six years or a fine
not less than Twenty Thousand Pesos (P20,000.00) but not more than Two Hundred
Thousand Pesos (P200,000.00) or both fine and imprisonment at the discretion of
Sec. 13. Civil and Criminal Liability, Not Barred. - The finding of
administrative liability under this 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 as herein enumerated.
Sec. 14. Administrative Jurisdiction. - The administrative jurisdiction on any
violation of the provisions of this Act shall be vested in either the Civil
Service Commission (CSC), the Presidential Anti-Graft Commission (PAGC) or the
Office of the Ombudsman as determined by appropriate laws and issuances.
Sec. 15. Immunity; Discharge of Co-Respondent/Accused to be a Witness. - Any
public official or employee or any person having been charged with another
under this Act and who voluntarily gives information pertaining to an
investigation or who willingly testifies therefore, 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: Provided, That:
(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
(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.
Sec. 16. Implementing Rules and Regulations. - The Civil Service Commission in
coordination with the Development Academy of the Philippines (DAP), the Office
of the Ombudsman and the Presidential Anti-Graft Commission (PAGC), shall
promulgate the necessary rules and regulations within ninety (90) days from the
effectivity of this Act.
Sec. 17. Separability Clause. - If any provision of this Act shall be declared
invalid or unconstitutional, such declaration shall not affect the validity of
the remaining provisions of this Act.
Sec. 18. Repealing Clause. - All provisions of laws, presidential decrees,
letters of instruction and other presidential issuances which are incompatible
or inconsistent with the provisions of this Act are hereby deemed amended or
(Sgd.) MANNY VILLAR
President of the Senate
(Sgd.) JOSE DE VENECIA, JR.
Speaker of the House of Representatives
This Act which is a consolidation of Senate Bill No. 2589 and House Bill No.
3776 was finally passed by the Senate and the House of Representatives on
February 8, 2007 and February 20, 2007 respectively.
(Sgd.) OSCAR G. YABES
Secretary of the Senate
(Sgd.) ROBERTO P. NAZARENO
House of Representatives
Approved: June 2, 2007
(Sgd.) GLORIA MACAPAGAL -
President of the Philippines