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Anti-Red Tape Act of 2007: Cutting Transaction Delays

When it comes to complying with job requirements, processing a passport or obtaining other essential documents,you need to provide additional documents, which can only be obtained from public or government offices. The lines can be longer than your patience especially if you have waited for hours to get the documents or IDs you have requested. If waiting in line for hours is also your pet peeve, the Anti-Red Tape Act of 2007 is going to be the answer to the time-consuming process involved in processing documents.

Republic Act No. 9485 (Anti-Red Tape Act of 2007)

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.

Simple Versus Complex Transactions

Simple transactions refer to applications or requests submitted by clients of an agency or government office. These transactions only require ministerial actions on the part of employee or public officer. On the other hand, complex transactions refer to applications or requests by clients of a government office which require the use of discretion in resolving complicated issues by an employee or officer of an agency or government office.

Penalties

"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."

Fixers

They are visible whenever there are applicants who are waiting in vain for their IDs or other government documents to be released. They promise a faster and better transaction in exchange for cash. More often than not, fixers would ask more than what the applicant needs to pay for the document or ID. Since it takes hours or even days for the requested documents to be released, the applicant will be left with no choice but to give in to the fixer's demands.

"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 the court.

Pinoy Attorney

Written by : Pinoy Attorney

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