Poverty is one of the perennial problems plaguing the country. Various programs have been implemented to reduce the numbers of starving Filipinos. The system is said to target the poor by providing their basic needs such as food, water, shelter, education and more. However, poverty-stricken individuals are either unaware that such programs exist or they are not given proper assistance. For instance, a person would rather become an informal settler than be relocated in an area far from their source of income. Others will even resort to illegal means to provide food on their family's plate. They are well aware that their acts can land them in jail, but they do not have any choice but to bite the bullet. One step to alleviating poverty is to make people aware that these programs actually exist. The National Anti-Poverty Commission (NAPC) provides programs for the purpose of helping the poor improve their quality of life. Such programs are focused on providing free education for the deserving poor students, livelihood, microfinance services and more. NAPC shall:

(1) Source funds for the establishment of and augmentation to the Trust Fund; 

(2) Recommend to the appropriate government department or agency the accreditation of organizations and institutions that shall act as resource partners in conducting institutional development and capability building activities for accredited organizations and beneficiaries of microfinance and micro-enterprise programs;  

(3) Ensure that validation and monitoring activities are conducted for funded institutional development and capability building projects/programs/beneficiaries; and 

(4) Promote research and development work on livelihood and microfinance technology and publications/communications programs that assist the poor beneficiaries.

Sec. 11. Purposes of the People's Development Trust Fund (PDTF). — The earnings of the PDTF shall be utilized for the following purposes:

(1) Consultancy and training services for microfinance institutions and their beneficiaries on the establishment of the necessary support services, social and financial preparation of beneficiaries, preparation of plans and programs including fund sourcing and assistance, establishment of credit and savings monitoring and evaluation mechanisms; 

(2) Scholarships or training grants for microfinance staff and officers, and selected beneficiaries; 

(3) Community organizing for microfinance, livelihood and micro-enterprises training services; 

(4) Livelihood/micro-enterprise project/program feasibility studies and researches; 

(5) Savings mobilization and incentive programs, and other similar facilities; 

(6) Information and communication systems such as baseline surveys, development monitoring systems, socioeconomic mapping surveys, organizational assessments, and other similar activities; 

 (7) Legal and other management support services such as registration, documentation, contract review and enforcement, financial audit and operational assessment; 

 (8) Information dissemination of microfinance technology; and 

 (9) Other activities to support microfinance as approved by the designated agency administering the PDTF.

The PDTF may be accessed by the following:

(a) Registered microfinance organizations engaged in providing micro-enterprise services for the poor to enable them to become viable and sustainable; 

(b) Local government units providing microfinance and micro-enterprise programs to their constituents: Provided, That the PDTF shall not be used by the LGUs for personal services and maintenance and other operating expenses; and 

(c) Local government units undertaking self-help projects where at least twenty-five percent (25%) of the total earnings of the PDTF shall be used exclusively for the provision of materials and technical services.

Sec. 12. The role of Local Government Units (LGUs). — The local government units, through the local development councils of the province, city, municipality, or barangay shall be responsible for the formulation, implementation, monitoring and evaluation of the National Anti-Poverty Action Agenda in their respective jurisdictions. The LGUs shall:

(a) Identify the poor in their respective areas based on indicators such as the minimum basic needs approach and the human development index, their location, occupation, nature of employment, and their primary resource base and formulate a provincial/city/municipality anti-poverty action agenda; 

 (b) Identify and source funding for specific social reform and poverty alleviation projects; 

(c) Coordinate, monitor and evaluate the efforts of local government units with the private sector on planning and implementation of the local action program for social reform and poverty alleviation; and 

(d) Coordinate and submit progress reports to the National Anti-Poverty Commission regarding their local action programs.

Nothing in this Act shall be construed as diminishing the powers granted to the local government units under the Local Government Code. 

Being a public official is both a privilege and a responsibility. More often than not, you become the subject for public scrutiny when you fail to meet expectations or perform your duty. Even in the past administrations, many public officials and employees have been criticized because of grave misconduct, displaying a lavish lifestyle, using power to intimidate others and more. Let Section 4 of Republic Act No. 6713 be a gentle reminder of how a public official or employee should behave. 

Section 4. Norms of Conduct of Public Officials and Employees. - (A) Every public official and employee shall observe the following as standards of personal conduct in the discharge and execution of official duties:

(a) Commitment to public interest. - Public officials and employees shall always uphold the public interest over and above personal interest. All government resources and powers of their respective offices must be employed and used efficiently, effectively, honestly and economically, particularly to avoid wastage in public funds and revenues.

(b) Professionalism. - Public officials and employees shall perform and discharge their duties with the highest degree of excellence, professionalism, intelligence and skill. They shall enter public service with utmost devotion and dedication to duty. They shall endeavor to discourage wrong perceptions of their roles as dispensers or peddlers of undue patronage.

(c) Justness and sincerity. - Public officials and employees shall remain true to the people at all times. They must act with justness and sincerity and shall not discriminate against anyone, especially the poor and the underprivileged. They shall at all times respect the rights of others, and shall refrain from doing acts contrary to law, good morals, good customs, public policy, public order, public safety and public interest. They shall not dispense or extend undue favors on account of their office to their relatives whether by consanguinity or affinity except with respect to appointments of such relatives to positions considered strictly confidential or as members of their personal staff whose terms are coterminous with theirs.

(d) Political neutrality. - Public officials and employees shall provide service to everyone without unfair discrimination and regardless of party affiliation or preference.

(e) Responsiveness to the public. - Public officials and employees shall extend prompt, courteous, and adequate service to the public. Unless otherwise provided by law or when required by the public interest, public officials and employees shall provide information of their policies and procedures in clear and understandable language, ensure openness of information, public consultations and hearings whenever appropriate, encourage suggestions, simplify and systematize policy, rules and procedures, avoid red tape and develop an understanding and appreciation of the socio-economic conditions prevailing in the country, especially in the depressed rural and urban areas.

(f) Nationalism and patriotism. - Public officials and employees shall at all times be loyal to the Republic and to the Filipino people, promote the use of locally produced goods, resources and technology and encourage appreciation and pride of country and people. They shall endeavor to maintain and defend Philippine sovereignty against foreign intrusion.

(g) Commitment to democracy. - Public officials and employees shall commit themselves to the democratic way of life and values, maintain the principle of public accountability, and manifest by deeds the supremacy of civilian authority over the military. They shall at all times uphold the Constitution and put loyalty to country above loyalty to persons or party.

(h) Simple living. - Public officials and employees and their families shall lead modest lives appropriate to their positions and income. They shall not indulge in extravagant or ostentatious display of wealth in any form.

(B) The Civil Service Commission shall adopt positive measures to promote (1) observance of these standards including the dissemination of information programs and workshops authorizing merit increases beyond regular progression steps, to a limited number of employees recognized by their office colleagues to be outstanding in their observance of ethical standards; and (2) continuing research and experimentation on measures which provide positive motivation to public officials and employees in raising the general level of observance of these standards.

Eminent domain refers to the inherent right of the state to condemn private property to public use upon payment of just compensation. Before the property can be taken for purposes of eminent domain, the following elements must be present:

(1) the expropriator must enter a private property;

(2) the entrance into private property must be for more than a momentary period;

(3) the entry into the property should be under warrant or color of legal authority;

(4) the property  must be devoted to a public use or otherwise informally appropriated or injuriously affected; and

(5) the utilization of the property for public use must be in such a way as to oust the owner and deprive him of all beneficial enjoyment of the property.

Just compensation is determined according to the following rules stated by Presidential Decree No. 1533 otherwise known as ESTABLISHING A UNIFORM BASIS FOR DETERMINING JUST COMPENSATION AND THE AMOUNT OF DEPOSIT FOR IMMEDIATE POSSESSION OF THE PROPERTY INVOLVED IN EMINENT DOMAIN PROCEEDINGS.

Section 1. In determining just compensation for private property acquired through eminent domain proceedings, the compensation to be paid shall not exceed the value declared by the owner or administrator or anyone having legal interest in the property or determined by the assessor, pursuant to the Real Property Tax Code, whichever value is lower, prior to the recommendation or decision of the appropriate Government office to acquire the property.

Sec. 2. Upon the filing of the petition for expropriation and the deposit in the Philippine National Bank at its main office or any of its branches of an amount equivalent to ten per cent (10%) of the amount of compensation provided in Section 1 hereof, the government or its authorized instrumentality agency or entity shall be entitled to immediate possession, control and disposition of the real property and the improvements thereon, including the power of demolition of necessary, notwithstanding the pendency of the issues before the courts.

Sec. 3. Presidential Decree No. 42, Section pars. 2 and 3 of PD No. 76, Sec. 92 of PD No. 464, PD 794, Sections 2 and 3 of PD 1224, Sections 2 and 3 of PD 1259 and Section 1 of PD 1313 and all other acts, decrees, letters of instructions, orders, ordinances or rules and regulations which are inconsistent herewith are hereby repealed, amended or modified accordingly.

Many people who have already gone to Philippine government agencies dread processing an official document because of the ordeal they have to undergo, all thanks to Red Tape. Despite the constant reminder of putting a lid on these bad practices, requests continue to fall on deaf ears. In the past, a person falling victim to sluggish processes was left with no other choice but to keep a stiff upper lip. Putting some teeth into the Anti Red-Tape Act of 2007 has begun to bear fruits. Aside from the implementation of Anti-Red Tape Act of 2007 or R.A. No. 9485, Idulog is also another avenue for filing a complaint in the event you see any irregularities on processing an official document. As stated in Section 8 of the Anti-Red Tape Act of 2007, frontline agencies should provide the following services. 

SEC. 8. Accessing Frontline Services. — The following shall be adopted by all government offices and agencies:

(a) Acceptance of Applications and Requests — (1) All officers or employees shall accept written applications; requests, and/or documents being submitted by clients of the office or agency.

(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 the 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 requirements 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 is based. 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.

If you feel that these agencies fell short of expectations, you can file a complaint at http://www.gov.ph/feedback/idulog or call 8888 to report the violation. Aside from complaints, the website also caters to suggestions, compliment, general inquiries and much more. You can even request for an official document or request a message from the President. The form for filing a complaint is also available on the website. 

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.