Action Research on the Implementation of the Anti-red Tape Act of 2007
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Transcript of Action Research on the Implementation of the Anti-red Tape Act of 2007
IMPLEMENTATION OF R.A. 9485 (ANTI-RED TAPE ACT OF 2007) IN THE LOCAL GOVERNMENT OF MADDELA, QUIRINO: AN ASSESSMENT
AN ACTION RESEARCH
PRESENTED TO
THE FACULTY OF THE GRADUATE SCHOOL
UNIVERSITY OF LA SALETTE
SANTIAGO CITY
IN PARTIAL FULFLLMENT
OF THE REQUIREMENTS
FOR THE DEGREE OF MASTER IN PUBLIC ADMINISTRATION
MICHAEL H. RAMOS
October, 2011
I. INTRODUCTION
Public management scholars over the past decade have shed significant light on the
nature and consequences of ineffective rules or ‘‘red tape.’’ Red tape has been conceptually
defined (Bozeman 1993), operationalized (Rainey, Pandey, and Bozeman 1995) and
distinguished from formalization (Pandey and Scott 2002). The assumption that public
organizations have more red tape than private organizations has been called into question
(Rainey and Bozeman 2000; Bretschneider and Bozeman 1995). Red tape has been correlated
with negative organizational impacts, such as reduced services to clients (Scott and Pandey
2000) and higher managerial alienation (DeHart-Davis and Pandey 2005). These and other
findings are no small achievement given that red tape was not a clear intellectual concept prior to
the 1990s, despite its place in common parlance to indicate the inefficiencies of government
(Bozeman 2000).
Although red tape is an important topic for public administration scholars and
practitioners alike, some scholars suggest that additional attention be paid to crafting and
implementing effective rules (Goodsell 2000). Such an endeavor is timely given that one strategy
of government reform is to reduce internal public sector rules, based on the assumption that rules
inhibit creativity and flexibility (Graham and Hays 1986) and that reducing rules will reduce red
tape, unleash entrepreneurial energy, and improve the performance of government organizations.
These arguments view rules as a whole without considering individual rule attributes that
may lend themselves to more or less organizational benefit. Thus, advice to cut internal rules
without theory or evidence as to the functions of rule attributes throws the proverbial baby out
with the bathwater and ignores evidence that rules have positive social psychological effects for
employees (Adler and Borys 1996; Michaels et al. 1988; Organ and Greene 1981; Podsakoff,
Williams, and Todor 1986).
Another limitation to government reform perspectives, as well as the red tape literature,
is the disproportionate focus on middle- and upper-level managers. This focus excludes the
majority of organizational members who reside at lower organizational levels and experience
bureaucratic structure very differently (Argryis 1964; Gouldner 1954).
Although upper management perspectives on rules and reform are valuable, they provide
an incomplete and biased portrait of these critical public administration issues (Walker and
Enticott 2004).
However, government service has been constantly accused of bureaucratic red tape, a
term for excessive regulation and time consuming process and procedures before official action
can be taken. These delays government transactions to clientele are most often dissatisfied and
disappointed when doing business with the government.
The enactment of Republic Act # 9485 or Anti-Red Tape Act of 2007 is one of our
government’s measure to improve efficiency in public service and lessen if not eradicate red tape
in the government. The Act aims to promote transparency in the government with regard to the
manners of transacting with the public by requiring each agency to simplify frontline service
procedures, formulate service standards to observe in every transaction and most of all, to make
known these standards to the client.
The researcher is deemed challenged to know the assessment of the implementation of
the Anti-Red Tape Act of 2007 as perceived by selected employees of the Local Government of
Maddela, Province of Quirino.
Background of the Study
This action research study was undertaken in the Local Government Unit of Maddela,
Quirino. This LGU has a work force consisting of 197 regular employees, among these are 12
chief of offices and 12 elective officials, plus 200 Casual Employees more or less, serving in
different agencies/offices such as Office of the Municipal Mayor, Sangguniang Bayan Office,
Office of the Municipal Planning and Development Coordinator, Office of the Municipal Budget
Officer, Municipal Treasurer’s Office, Office of the Municipal Accountant, Department of
Agriculture Office, Municipal Health Office, Municipal Social Welfare and Development Office,
Community Affairs Office, Office of the Municipal Civil Registrar and National Offices such as
DILG, COA, DAR, BIR, PNP, BFP, BJMP, MCTC, RTC. All of them rendering various
services to cater the needs of the constituents of this Municipality.
Statement of the Problem
The present study is focused on the political system in the Local Government Unit in
Maddela, Quirino.
Specifically, the study sought to answer the following:
1. What is the perception of the respondents on the role of the Anti-Red
Tape Act of 2007 as a process?
2. What is the perception of the respondents on the role of the Anti-Red Tape
Act of 2007 as an evaluation method?
3. What is the perception of the respondents on the role of the Anti-Red Tape
Act of 2007 as an innovation in public administration?
Significance of the Study
The present study is deemed significant to the following:
Local Government Officials. The inputs as well as the outputs of the study will provide
Local Government officials a framework tp have a deeper look in the implementation of the
Anti-Red Tape Act of 2007.
Local Residents. The local residents will have deeper understanding and focus on the
contribution and significance of the Anti-Red Tape Act of 2007 in their local community.
Scope and Delimitations of the Study
The present study focused on the assessment of the implementation of the Anti-
Red Tape Act of 2007 as perceived by selected employees of the Local Government of Maddela,
Province of Quirino.
The study is delimited to the respondents’ perception of Anti-Red Tape Act of 2007 as a
process, as an evaluation method and as an innovation in public administration.
The study is further delimited with the use of a survey questionnaire and descriptive
method of research
II. LITERATURE REVIEW
As noted in other places (Bozeman & Feeney 2011; Feeney working paper; Pandey &
Scott 2002) there is an abundance of empirical red tape research investigating the ways in which
managers perceive red tape and how those perceptions are related to job satisfaction,
organizational commitment, public service motivation, and performance. As with other areas of
public administration research, there are a number of weaknesses with the empirical red tape
research including an overreliance on self-administered surveys (Houston & Delevan 1990;
Wright et al. 2004), a dearth of research testing the reliability and validity of measures
(exceptions are Pandey & Marlowe 2009; Coursey & Pandey 2007 ; Pandey & Scott 2002), and
simplistic research designs and methods (Gill & Meier 2000; Houston & Delevan 1990, 1991,
1994; McCurdy & Cleary 1984; Meier 2005). There have been numerous calls for
methodological improvement and more diverse research design in public management research
(Cozzetto 1994; Kettl & Milward 1996; Brudney, O’Toole, & Rainey 2000; Gill & Meier 2000).
While much of this criticism has been lodged against public administration research in general,
red tape researchers have also been assessing the state of their empirical work.
At a recent workshop aiming to advance red tape research, researchers agreed that,
although empirical red tape research has been quickly developing, there is room for
improvement. Participants at the 2010 Red Tape Workshop sought to review the red tape theory
and research and identify gaps in the field and avenues for future research. In particular, they
considered ways to improve measures, data, and methods and develop a list of central research
questions (Feeney, Moynihan, & Walker 2010). In their own self-assessment, red tape
researchers noted the need to:
(1) re-conceptualize the definition of red tape, enabling researchers and research subjects
to better understand when a rule is red tape and when it is not;
(2) understand the multi-dimensional nature of red tape;
(3) investigate stakeholder red tape;
(4) develop non-perceptual measures of red tape;
(5) develop studies to test the validity of red tape measures;
(6) develop measurement experiments;
(7) collect panel data;
(8) conduct rule histories and more detailed case studies of red tape; and
(9) use more advanced statistical methods such as regression discontinuity design,
structural equation modeling, hierarchical linear modeling, experiments (both laboratory
experiments and field experiments), and behavioral forecasting.
Red tape researchers have repeatedly noted that red tape is a multi-dimensional concept
that requires methods that account for these dimensions (Bozeman & Feeney 2011; Brewer &
Walkers 2010a; Feeney, Moynihan, & Walker 2010; Pandey & Scott 2002). Unfortunately, very
little empirical research has focused on responding to this demand. One of the emerging
criticisms of the red tape research is that, because it has relied on Bozeman’s (2000) original
definition of red tape and Rainey and colleagues (1995) original questionnaire item, it has over-
emphasized organizational effectiveness (and efficiency) as a negative outcome of red tape,
while failing to account for other important public administration values, such as accountability,
transparency, equity, and fairness.
Multiple public administration survey research projects have asked respondents to assess
the level of red tape in their organizations. Most of these projects use the following questionnaire
item: If red tape is defined as “burdensome rules and procedures that have negative effects on
the organization’s effectiveness,” how would you assess the level of red tape in your
organization? [Response categories are a scale from 0 (almost no red tape) to 10 (a great deal of
red tape)]. On one hand, because many researchers have used this item, the questionnaire item
has face validity. On the other hand, the problem with the common use of this item is that it may
limit our conceptualization of red tape as something that negatively affects effectiveness alone.
Unfortunately, no research has tested the validity of this measure or the ways in which
respondents may or may not be assessing red tape based on this definition or some other
preconceived notion of ―red tape. Moreover, no research has directly investigated the wording
of this common questionnaire item to understand how word usage might be related to perceived
red tape.
Organizational Red Tape
One of the first definitions of red tape offered by public administration scholars came in
1984, when Rosenfeld defined red tape as ―guidelines, procedures, forms, and government
interventions that are perceived as excessive, unwieldy, or pointless in relationship to decision
making or implementation of decisions (1984). Bozeman (1993) later criticized Rosenfeld’s
definition as failing to distinguish between good and bad rules and therefore failing to clearly
define red tape as a negative phenomenon. Bozeman offered a more specific definition of red
tape as ―rules, regulations, and procedures that remain in force and entail a compliance burden
for the organization but have no efficacy for the rules’ functional object (1993, 283). He later
revised that definition to the following more succinct definition, ―burdensome administrative
rules and procedures that have negative effects on the organization’s performance (Bozeman
2000). Note that the latter definition specifically links red tape to performance, whereas the 1993
definition links red tape to the rule’s functional object, or purpose. Because most, if not all, of
the empirical red tape research has been conducted subsequent to Bozeman’s work developing a
theory of red tape (1993, 2000) it overwhelmingly relies on the definitions provided in that work.
DeHart-Davis (2007), defines red tape as ―burdensome administrative policies and procedures
that have negative effects on the city’s performance. Others define red tape as ―burdensome
rules or procedures that have an adverse effect on organizational performance (DeHart-Davis &
Pandey 2005; Yang & Pandey 2009). Here too, we see red tape as a negative phenomenon and
something that affects performance.
The first empirical measure developed to assess red tape perceptions was developed for
the National Administrative Studies Project (NASP I), a survey administered to a sample of 566
top managers in 269 public organizations and 297 private organizations in Albany and Syracuse
New York (Rainey, Pandey, & Bozeman 1995). Rainey et al. (1995) called this measure General
Red Tape, but it is also labeled the General Administrative Red Tape Scale, General Red Tape
Scale, Global Scale, Global Measure of Red Tape, and Organizational Red Tape Scale in other
research. The measure has appeared in a number of public administration surveys including
NASP II (Pandey & Kingsley 2000), NASP III (Feeney 2008; Feeney & Rainey 2010), a survey
administered to the Georgia Department of Transportation managers and their contractors
(Feeney & Bozeman 2009), a survey of local managers (Feeney & DeHart-Davis 2009), and the
English Local Government Dataset study of Best Value (Brewer & Walker 2010).
The Organizational Red Tape Scale is a staple measure in the empirical red tape research
and has been used in more than 20 peer-reviewed journal articles (Bozeman & Feeney 2011).
Research using the Organizational Red Tape Scale has found that public sector managers
perceive significantly more organizational red tape than those in the private and nonprofit sectors
(Feeney & Bozeman 2009; Feeney & Rainey 2010; Rainey Pandey, & Bozeman 1995). Research
has also shown that Organizational Red Tape is related to work alienation, organizational size,
respondent education level, and time in current position (DeHart-Davis & Pandey 2005; Pandey
& Kingsley 2000). Variance in Organizational Red Tape is also related to public service
motivation (Moynihan & Pandey 2007; Scott & Pandey 2005), hierarchical position (Brewer,
Hicklin, & Walker 2006), risk-taking (Bozeman & Kingsley 1998) communication, intersector
collaboration, and work experience (Feeney & Bozeman 2009). Given these findings and the
common use of this scale in multiple surveys over the span of 20 years, it is surprising that
researchers have not sought to test the reliability and validity of the Organizational Red Tape
Scale.
In sum, although Bozeman and Feeney (2011) assert that research using the
Organizational Red Tape Scale has shown results that are ―relatively stable, providing a
considerable degree of convergent validity and that there is some face validity and instrumental
utility of this measure, there is no research aimed directly at testing the reliability and validity of
this common red tape measure. A number of questions about this measure remain. For example,
is the Organizational Red Tape Scale measuring what we think it is? Do respondents understand
the difference between red tape (a negative phenomenon) and rules? When thinking about red
tape are respondents concerned with efficiency and performance or simply inconvenience? Does
the definition provided in the questionnaire item influence the ways in which respondents rate
red tape in their organizations?
One of the primary criticisms of the commonly used Organizational Red Tape Scale is
that the definition of red tape focuses on describing rules that have negative effects on
organizational effectiveness. Many red tape researchers note that red tape has multiple
dimensions and that this focus on efficiency and effectiveness limits red tape to only one of those
dimensions (Brewer & Walker 2010a; Pandey, Coursey, & Moynihan 2007; Pandey & Scott
2002). Red tape researchers note that rules are relevant to other public administration values,
such as transparency, accountability, equity, representation, and fairness (Feeney, Moynihan, &
Walker 2010). Many of the 2010 Red Tape Workshop participants noted that developing a multi-
dimensional concept and definition of red tape would enable researchers to broaden the study of
red tape to consider these important public administration values. While there is some research in
public administration and policy that investigates how rules are related to values (Moynihan
study and others), this research is not described as red tape research. Moreover, red tape
researchers are not currently operationalizing measures or definitions that capture the multi-
dimensionality of red tape. While many researchers agree that red tape affects other values,
besides efficiency and effectiveness, there is no empirical red tape research or questionnaire
items that guide research subjects to conceptualize these multiple components of red tape.
Wright and colleagues (2004) argue that public administration researchers need to be much more
concerned with measurement issues and many red tape researchers are in agreement (Feeney,
Moynihan, & Walker 2010).
III. RESEARCH METHODOLOGY
Research Design
The present study utilized the descriptive method of research. The descriptive method is a
process for learning pertinent or precise information about an existing situation or phenomena.
The characteristics of a descriptive method include all those that support to present facts
concerning the nature of status of anything, a group of people, a number of objects, and a set of
phenomena one way wish to study. Moreover, is used to organized interpret and report the
present status of the group. It deals with cross-section of the present situation sufficient for
examination.
Respondents of the Study
The respondents include selected employees of the Local Government Unit of Maddela ,
Quirino. The total number of respondents is equivalent to sixty (60).
Research Instruments
A questionnaire which was the primary data gathering instrument in this study was used
to gather descriptive information from the respondents.
Statistical Treatment of Data
The following statistical tool was used by the researcher to properly conduct a scientific
presentation, analysis and interpretation of data gathered.
a. Weighted Mean. It was utilized to measure the respondents’ perception of the
implementation of the Anti-Red Tape Act of 2007.
The table below was used to interpret the weighted. The points, range and descriptive
interpretations that was used in this study are as follows:
Points Range Description
5 4.50-5.00 Strongly Agree
4 3.50-4.49 Agree
3 2.50- 3.49 Not Sure
2 1.50-2.49 Disagree
1 0.50-1.49 Strongly Disagree
IV. RESULTS AND DISCUSSION
Table 1 show that some of the community members of the Local Government Unit of
Maddela view the Anti-Red Tape Act of 2007 as a process. Impressions of respondents fall
homogenously in one category in “agreement” that it is a process as indicated by weighted
means ranging from 3.897 to 4.107.
Respondents reveal and show “agreement” to the view that Anti-Red Tape Act of 2007is
a process, for it has various steps and activities in determining quality in the operations of the
local government unit (x=4.103). To look for quality, it applies as well various methods of
strategic management (x=4.107), assessing the activities that need improvement, analyzing its
strength, weakness, threats, and opportunities for standardization and benchmarking.
Furthermore, it is a process, in the sense that the staff has to go through measuring quantitative
variables, evaluating and analyzing the results (x=4.103), and in giving education and training of
the staff in order to understand the construct of Anti-Red Tape Act of 2007. So that in this case,
positive attitudes may be developed and a better implementation of the Anti-Red Tape Act of
2007 would result(x=4.011).
As a process, it contains a series of steps, looking at methods and ways they do in the
organization, attempting to attain quality though standardization of activities and methods, and
looking for benchmarks in order to move on towards continuous improvement (x=4.100).
Table 1Impressions of Respondents on views of Anti-Red Tape Act of 2007 as a process
Items Weight Mean Verbal Interpretation1. Shows a sequence of activities for
transformation.4.104 A
2. It looks for activities that need improvement and standardization.
4.100A
3. Benchmarking is used in standardizing methods.
4.007A
4. Contains steps in identifying and resolving problems
4.090 A
5. Series of activities in requiring student achievement
4.107 A
6. Process of measuring, analyzing, evaluating the organization
4.103 A
7. It contains processes that work for satisfaction of students
4.107 A
8. It applies the different steps in strategic management
4.107 A
9. It involves a process of determining quality.
4.107 A
10. Its implementation involves a process of education, and development in order to understand its constructs
4.06 A
Overall Weighted Mean 4.083 A
Legend: SA – Strongly Agree A - Agree
1.2.2 As an Evaluation Method
Table 2 shows the impressions of respondents on Anti-Red Tape Act of 2007 as an
Evaluation Method.
There are descriptions of Anti-Red Tape Act of 2007 that it is a method of evaluation and
these are that: it seeks to innovate(x=4.221). If it serves to innovate, it must have empirical based
upon which evaluation is based before it goes to the process of innovation. Their belief that it is a
method of evaluation lies in the fact that it works for the continuous improvement (x=4.221) and
stresses the importance of satisfaction of clients. In undertaking such steps, the method
evaluation is an inherent part. Moreover, it has a construct for Measurement, Analysis and
Evaluation, which is reflexive on the property of evaluation (x=4.211) on itself. It is described as
involving the activities of standardization, improving activities, and such ventures necessitate
that knowledge of empirical data and evaluating them.
Table 2Impressions of Respondents on the Implementation of Anti-Red Tape Act of 2007 as an
evaluation Method
Items Weight Mean Verbal Interpretation1. It works for continuous
improvement4.211 A
2. Stresses the importance of satisfaction of clients
4.211A
3. Purpose is to:a. Developb. Standardizea. Improveb. Innovate
4.1264.2094.2094.221
AAAA
4. Helps measure the difference with observed and desired activities.
4.478 A
5. Performance is measured in terms of profit
4.874 A
6. In determines client satisfaction 4.199 AOverall Weighted Mean 4.304 ALegend: A – Agree
As a management innovation
Table 3 shows the summary of the responses of the group viewing Anti-Red Tape Act of
2007, as an innovation in public administration.
The best in the implementation of the Anti-Red Tape Act of 2007 as an innovation in
public administration, is found in its ability to improve effectiveness of organization’s ability to
solve problems and make proper decisions (x=4.211), which is essence of Organizational
Development.
In the use of Anti-Red Tape Act of 2007 as an intervention, leadership takes the duty of
leading and directing organizational processes of organizing, decision making, evaluating and
other managerial functions, so that its success as an innovation is dependent on the leader’s
efforts. It emphasizes more democratic processes and that the loci of decision making, is not on
the leader alone, but on the group, resulting greater group collaborative activity.
Table 3Impressions of Respondents on Procedures of Implementation of Anti-Red Tape Act of 2007 as a
Innovation in Public Administration
ItemsWeight Mean
Verbal Interpretation
Rank
1. Requires participation of all people in the organization
4.211 A 2
2. Develops pleasant & warm relationships between people during focused group discussions.
4.109A
6.5
3. Involves management organization and management and leadership
4.211 A 3
4. Uses strategic management to attain organizational effectiveness
4.016 A 10
5. Necessitates management leadership in the process
4.199 A 4.5
6. It improves organization’s ability in solving problems and decision making
4.109 A 7
Overall Weighted Mean 4.142 ALegend: A – Agree
An overall weighted mean of 4.142 shows that as a whole, they “agree” that is a
management innovation.
Table 4 shows that summary of the views of the respondents of the study on their
impressions on Anti-Red Tape Act of 2007, as a process, an evaluation method and as an
innovation in public administration.
Table 4Summary of Impressions on Anti-Red Tape Act of 2007 constructs
Items Weight MeanVerbal
InterpretationRank
1. As a process 4.083 A 22. As an Evaluation Method 4.304 A 13. Management innovation 4.142 A 1Legend: SA – Strongly Agree A – Agree
The results moreover, reveal that in spite of the fact that Anti-Red Tape Act of 2007
manifests as a triple fold of a process, a method of evaluation and a management innovation, they
are more inclined to see it as an evaluation method.
On the conception of the people that government employees are corrupt, inefficient, un-
courteous and lack of tack the employees of the LGU of Maddela quite upset about it. Although it
is admissible that it is a fact and happening, there were also few good men and only small portion
of the entire organization were rotten.
These “few good men” in the government was disturbed by these misconceptions and
quite demoralized and the level of their performances tends to drop off.
The full implementation of RA 9485 is not the sole instrument to measure the
performance of local government offices. There were also a lot of factors to consider that
influences transactions in the government service, like lack of technology, capability of
employees (as a result of political appointments), sticking to obsolete procedural practices, lack of
fund that resulted to the absence in training programs for development and performance
advancement and upgrading of technology, overlapping of functions, too many signatories and
lack of political will among others.
The enactment of RA 9485 or Anti-Red Tape Act of 2007 had brought back the diligence
of the employees of Maddela, for the reason that, both, the few good men and “rotten eggs” were
now have a common basis in carrying out their respective functions.
The RA 9485 shall now serve as the source of force to oblige the “rotten eggs” to do their
tasks in the same level with the other employees and the “few good men” have now a clear cut-
policy in performing their mandated functions, thus settle the overlapping of functions, as well as
the superiors will now have a basis as to the need of their staff in trainings and development to
boost the level of their performance and become more productive.
The implementation of Anti-Red Tape Act of 2007will brings about benefits to both the
clientele and LGU employees. Among the benefits which the Local Government Unit hopes to
derive are: reduction of graft and corruption by preventing personnel’s procrastination and
removing the operation of red tape fixers; availability of feedback, complaints and redress
mechanism which could be used to further improve the delivery of services; existence of basis for
assessing the performance of the local government employees, and opening of opportunity for
people participation on service improvement. As for the clients, the simplified process of service
procedures will make their transactions faster, efficient and more reliable. Moreover, with the
inclusion of clear and transparent procedures, requirements and fees in the charter, they can
expect equal treatment from the LGU officials and/or employees providing the service.
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APPENDICES
APPENDIX A
Dear Respondents,
The undersigned is undertaking an action research that will assess the implementation of
the Anti-Red Tape Act of 2007.
There is no right or wrong answer, but it is best that you answer the questionnaires
objectively, so that proper decisions and directions may be made.
You are assured that every assertion made in these questionnaires shall be held
confidential, and will not be taken against you, rather as a helpful assessment of a cause.
Your cooperation is very much desired and without your help this paper will not be
successful.
Thank you for making this part of your day.
Thank you again.
Michael Ramos
Researcher
APPENDIX B
RESEARCH QUESTIONNAIRE
. Impressions on the Implementation of the Anti-Red Tape Act of 2007
Direction: Please encircle the number which you think is the best answer, coming from the following options:
Strongly Agree (5)Agree (4)Not Sure (3)Disagree (2)Strongly Disagree (1)
1. Anti-Red Tape Act of 2007 as a Process.
It is a series of activities for transformation …………………………………It is a process of looking for activities that need
improvement and standardization ..………………………………………It uses Benchmarking in standardizing method ..…………………………….It contain steps in identifying and resolving problems ...…………………….It is a process of measuring, analyzing, evaluating the
activities in the organization .…………………………………..………...It applies the different steps in strategic planning ….……….…………….…It involves a process of determining quality ……………………..…………..Its implementation involves a process of education
and development in order to understand its constructs ……....………….It works for process for customer satisfaction ………….………....……….…..
5 4 3 2 1
5 4 3 2 15 4 3 2 15 4 3 2 1
5 4 3 2 15 4 3 2 15 4 3 2 15 4 3 2 15 4 3 2 15 4 3 2 1
2. Anti-Red Tape Act of 2007 As an Evaluation Method
It works for continuous improvement ………..………………………………Stresses the importance of satisfaction of clients ……………………Purpose is to:
a. Develop ..……………………………………………………………...b. Standardize ..…………………………………………………………..c. Improve ..……………………………………………………………...d. Innovate ..……………………………………………………………..
Helps measure the difference between observedand what is desired .……………………………………..……..………...
Performance is measured in terms of profit ……..….……….…………….…
5 4 3 2 1 5 4 3 2 1
5 4 3 2 15 4 3 2 15 4 3 2 15 4 3 2 15 4 3 2 15 4 3 2 15 4 3 2 1
It measures client satisfaction ……………..……………………..………….. 5 4 3 2 1
3. Anti-Red Tape Act of 2007 as an Innovation in Public Administration
Requires participation of all people in the organization ….……………….…
Develops pleasant and warm relationship between………………………….People during focused group discussion
Involves management organization, managementand leadership ...………………………………………………………….
Uses Strategic Management to attain organizational Effectiveness …………………………………………….……..………...
Necessities management leadership in the process ………………………….Improves organization’s ability to solve problems and
decision-making ……....…………………………………………………
5 4 3 2 1
5 4 3 2 1
5 4 3 2 1
5 4 3 2 15 4 3 2 1
5 4 3 2 1
APPENDIX C
THE ANTI-RED TAPE ACT OF 2007
Republic of the PhilippinesCongress of the Philippines
Metro Manila
Thirteenth CongressThird Special Session
Begun and held in Metro Manila, on Monday, the nineteenth day of February, two thousand seven.
REPUBLIC ACT NO. 9485June 02, 2007
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
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 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.
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 processing.
(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) "Irrevelant 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 consideration.
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 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.
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 extraction activities.
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 the court.
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 respondent/accused-informant;
(c) The testimony of said respondent/accused-informant can be substantially corroborated in its material points;
(d) The responden/accused-informant has not been previously convicted of a crime involving moral turpitude; and
(e) Said responden/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 repealed.
Sec. 19. Effectivity. - This Act shall take effect within fifteen (15) days following its publication in the Official Gazette or in two (2) national newspapers of general circulation.
Approved:
JOSE DE VENECIA JR.Speaker of the House of Representatives
MANNY VILLARPresident of the Senate
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.
ROBERTO P. NAZARENOSecretary GeneralHouse of Representatives
OSCAR G. YABESSecretary of Senate
Approved: JUN 02, 2007
GLORIA MACAPAGAL-ARROYOPresident of the Philippines