REPUBLIC ACT 9485 - ANTI-RED TAPE ACT OF 2007 (SIMPLIFIED)

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 On the 19th day of February 2007, Senate
Bill no. 2589 and House Bill no.3776 passed
before the Congress during its 13th session.
(Feb.8 and 20 to be more accurate)
 On June 2, 2007 it was signed into law by
the president GMA
 The IRR of RA 9485 took effect on Sept 5,
2008 via MC 12 issued by the CSC.
 As of today, most LGU’s are in the process
of integrating and implementing the Act.

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 Article II, Sec 27 of the 1987 Constitution
states that:
“the State shall maintain honesty
and integrity in the public service and
shall take positive and effective
measures against graft and corruption.”
 The Act was passed in response to the
urgent need to establish an effective
system that will eliminate bureaucratic
red tape, avert graft and corrupt
practices and improve efficiency of
delivering government frontline services.

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“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.”

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 All government offices and agencies
 Including local government units
 Government-owned or-controlled
corporations that provide FRONTLINE
SERVICES
 Excludes those performing judicial,
quasi-judicial and legislative functions
– but the frontline services of these
agencies are deemed included

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 If there is only one official next-in-rank, he/she
shall automatically be the signatory
 If there are 2 or more NIR, the appropriate
office order shall prescribe the order of priority
 If there is no official NIR present and available,
the head of the department, office or agency
shall designate an OIC from among those next
lower in rank in the same organizational unit
The head of office shall prescribe the rules
on the proper authority to sign in the
absence of the regular signatory, as
follows:

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 Required preparation of a Citizen’s Charter
 Distinguished “Simple” and “Complex”
Transactions
 Criminalizes Fixing
 Limits number of signatories to Five (5)
 Agency performance to be scrutinized through
the Report Card Survey
 Grant of Immunity
SIMPLE TRANSACTIONS – 5 days
 Requests or applications which only require
ministerial actions
 Those that present only inconsequential issues
for resolution by a public official or employee
COMPLEX TRANSACTIONS – 10 days
 Requests or applications which necessitate the
use of discretion in the resolution of
complicated issues
“Action” - refers to the
written approval or
disapproval made by a
govt office or agency on
the application or request
submitted by a client for
processing (Sec. 4d, RA
9485)

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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 (5) days for simple transactions and ten (10)
days for complex transactions

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 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
 Limitation on signatories – up to five (5)

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 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.
 To be manned by an officer/employee
knowledgeable on frontline services – to be available
for consultation and advice at all times (Sec. 5, Rule VI,
IRR);
 The desk shall be attended to even during breaktime;
 Institute hotline numbers, SMS, ICT, one-stop shops or
walk-in service counters, other mechanisms

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Failure to act on an application/request for
renewal of a license, permit or authority subject
for renewal within the prescribed period shall
automatically extend license until a resolution is
rendered on the application
No automatic extension or renewal shall 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
extraction activities

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Grave
Offenses
 Refusal to accept
applications/requests
 Failure to act on
application/requests
 Failure to attend to clients
 Failure to render frontline services
 Failure to give the client a written
notice of disapproval
 Imposition of additional irrelevant
requirements other than those
listed in the first notice
 Fixing and/or collusion with fixers
in consideration of economic
and/or gain or advantage
1st Offense: 30 days
suspension and
mandatory
attendance in Values
Orientation Program2nd Offense: 3 months
suspension
3rd Offense: Dismissal
and perpetual
disqualification
1st Offense:
Dismissal and
perpetual
disqualification
Light
Offenses
The CSC and the Office of the
Ombudsman shall promulgate a
Values Orientation Program
which shall include anti-red tape
and anti-fixing workshops
suitable for the purpose
(Sec. 1, Rule VIII, IRR)
“Irrelevant Requirements” –
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

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In addition to the liability for grave offenses, fixers shall
suffer the penalty of:
 Imprisonment not exceeding six (6) years or
 Fine of P20,000 to P200,000 or
 Both
FIXERS [Section 4 (g), R.A. No. 9485]
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

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Presidential Appointees
Non-Presidential Appointees

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Any public official/employee or person having
been charged with another under the Act and who
voluntarily gives information pertaining to an
investigation or who willingly testifies therefor, shall
be exempt from prosecution in the case/s where
his/her information and testimony are given
The discharge of co-respondent/accused to be a
witness 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

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 Published in the Official Gazette
on 22 October 2007
 The IRR was published in the
Philippine Star on 21 August 2008
and took effect on 05 September
2008

REPUBLIC ACT 9485 - ANTI-RED TAPE ACT OF 2007 (SIMPLIFIED)

REPUBLIC ACT 9485 - ANTI-RED TAPE ACT OF 2007 (SIMPLIFIED)

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REPUBLIC ACT 9485 - ANTI-RED TAPE ACT OF 2007 (SIMPLIFIED)