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ANTI-RED TAPE ACT OF 2007






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ANTI-RED TAPE ACT OF 2007. Administrative Order 241 (Oct 2, 2008). Mandating the Speedy Implementation of RA No. 9485 otherwise known as the “Anti-Red Tape Act of 2007” and its Implementing Rules and Regulations and Strengthening the Application Thereof.
ANTI-RED TAPE ACT OF 2007

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ANTI-RED TAPE ACT OF 2007

Slide 2

Administrative Order 241(Oct 2, 2008)

Mandating the Speedy Implementation of RA No. 9485 otherwise known as the “Anti-Red Tape Act of 2007” and its Implementing Rules and Regulations and Strengthening the Application Thereof.

All agencies shall streamline & post procedures for the 20 most heavily utilized processes/services not later than December 31, 2009.

Slide 3

All agencies shall establish a public assistance & complaints desk & provide hotline numbers to receive feedback & monitor customer satisfaction not later than December 31, 2009.

Agencies shall develop a scheme to ensure PAC DESK shall be attended to at all times & hotlines are accessible to the public.

All agencies shall mount a campaign to eliminate fixing activity & commence legal proceedings against fixers, not later than March 31, 2009.

Agencies shall work with the CSC,DAP & clientele in streamlining procedures & eradicating fixers.

Slide 4

DILG shall assign its field staff to serve as anti-red tape facilitators in discussions with CSC & clientele.

Agencies shall institute a PES based on objectively measured output & performance of personnel & units, such as PMS-OPES.

Agencies are hereby directed to allocate a portion of their MOOE as funding for the implementation of the ARTA of 2007, including the conduct of seminars and other services provided by the CSC and DAP.

Slide 5

RA 9485ANTI-RED TAPE ACT OF 2007

  • Sec. 10 Report Card Survey

    All offices & agencies providing frontline services shall be subject to a Report Card Survey to be initiated by the CSC, in coordination with the DAP which shall be used to obtain feedback on how provisions in the Citizen’s Charter are being followed and how the agency is performing.

    It 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 shall be incorporated in their annual report.

Slide 6

RA 9485ANTI-RED TAPE ACT OF 2007

  • Establishment of Public Assistance/Complaints Desk – each office or agency shall establish a public assistance/complaints desk in all their offices.

    - person should be knowledgeable

    - always available

    - shall be attended to even breaktime

    - Institute hotline no., txt message service, one-stop shop

  • Sec. 9 Automatic Extension of Permits and Licences

    If a govt office or agency fails to act on an application and/or request for renewal of license, permit or authority subject for renewal w/in the prescribed period, said application/request shall be extended until a decision or resolution is rendered on the application for renewal. PROVIDED, That the automatic extension shall not apply when said request 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.

Slide 7

RA 9485ANTI-RED TAPE ACT OF 2007

  • Adoption of Working Schedules to Serve Clients – HO 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. (7am-7pm, rotation/sliding flexi/ reliever system/skeletal force)

  • Identification Card – all employees transacting with the public shall be provided with an official identification card which should be visibly worn during office hours.

Slide 8

RA 9485ANTI-RED TAPE ACT OF 2007

Accountability of the Heads of Offices and Agencies

- HO 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.

(IRR)

- HO should constitute a task force to prepare the Citizen’s Charter

- conduct consultative formulation and refinement of provisions of the charter

- monitor and periodically review its implementation

- in case of failure to comply with these rules, appropriate charges may be filed against the HO or agency under existing law and rules, before the appropriate forum.

Slide 9

CAREER EXECUTIVE SERVICE BOARD

  • All Heads of Departments and Agencies of the National Government, including Government-Owned or Controlled Corporations with Original Charters and All Officials in the Career Executive Service.

  • Subject: Family / Home Visit Privilege for the Incumbents of Career Executive Service (CES) Positions

Slide 10

1. The monthly family/home visit privilege is a paid family visit granted once a month to incumbents of CES positions who are assigned to work stations that are at least fifty (50) kilometers away from their domicile, or that which requires travel by sea or air.

Slide 11

2. The privilege is made up of two (2) working days a month inclusive of travel time from work station to residence and vice versa, consisting of a half (1/2) day travel time from the work station to the residence and another half (1/2) day travel time from the residence to the work station and shall be considered as official time. If the travel time falls on a declared special nonworking holiday, the day after the holiday shall be considered as official travel time.

Slide 12

3. The days allotted to the monthly family/home visit privilege shall not be cumulative and should the privilege be not availed of within the given month, the same shall be deemed forfeited.

Slide 13

4. Only actual transportation expenses shall be allowed/charged against the MOOE of the office where the officers are assigned, subject to availability of funds.

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5. In its initial implementation, funds for the family/home visit privilege shall be charged from the savings of the agency. Subsequently, the agency concerned may include the same in the agency’s budget for the succeeding years.

Slide 15

6. If any section or part of this resolution shall be held to be invalid, the remaining provisions shall be given full force and effect as if the part held invalid had not been included therein.

Slide 16

7. All existing CES rules and regulations, circulars and memoranda inconsistent with this resolution are hereby repealed or amended accordingly.

Slide 17

In this regard, all concerned are formally notified for their information and guidance.

This Circular takes effect immediately.

Bernardo P. Abesamis

Chairperson

Slide 18

Civil Service Commission

MC No. 8, s. 2010

  • All Heads of Constitutional Bodies; Departments, Bureaus, Offices and Agencies of the National Government; Local Government Units; Government-Owned and Controlled Corporations; and State Universities and Colleges

  • Subject: Policy Guidelines on the Effects of Death of the Respondent in Administrative Cases

Slide 19

Pursuant to CSC Resolution No. 10-0341 dated February 24, 2010, the Commission promulgated the Policy Guidelines on the Effects of Death of the Respondent in Administrative Cases, as follows:

“1. In situations where the death occurred while the case is pending formal investigation:

Slide 20

“1.1 The administrative case should not be dismissed when the death of the respondent occurred when the formal investigation reached the stage where respondent is considered to have been afforded due process, as when the following concur: 1) respondent was notified of the charge against him/her as when he/she was issued the formal charge; and 2) when respondent has filed an answer to the formal charge or has waived his/her right to file the same ( as this is the stage when respondent has been afforded the opportunity to explain his/her side).”

Slide 21

“1.2 If the respondent dies before he/she could explain his/her side through an answer to the formal charge, the administrative case shall be dismissed on account of the death of the respondent as he/she cannot be deemed to have been accorded the opportunity to be heard which is a basic element of due process.

Slide 22

“2. In situations where the death occurred after respondent has perfected his/her appeal before the Commission, the appeal shall continue until its final determination. In the event the deceased respondent-appellant wins the appeal, material and/or pecuniary benefits arising from the case, if any, shall accrue to the legal heirs of the deceased respondent-appellant subject to the Law on Succession. In case the material benefit is covered by a special law (e.g. the GSIS Law) which specifies the one who is entitled to receive the benefit of the deceased, the same shall be applied.”

Francisco T. Duque III, MD, MSc

Chairman

Slide 23

CIVIL SERVICE COMMISSIONMC NO. 9, S. 2010

TO: All Heads of Constitutional Bodies; Departments, Bureaus, Offices and Agencies of the National Government; Local Government Units; Government Owned and Controlled Corporations; and State Universities and Colleges

Subject: Rules on the Transfer or Geographical Reassignment of Public Health Workers and Public Social Workers

Slide 24

Pursuant to CSC Resolution No. 100667 dated April 6, 2010, the Commission adopted a policy on appeal towards the proper implementation of Sections 6 (c) of R.A. No. 7305 and 18 of R.A. No. 9433 on the transfer or geographical reassignment of public health workers and public social workers, the decretal portion of which reads:

Slide 25

“ NOW THEREFORE the Commission RESOLVES as it hereby RESOLVED to promulgate the following rules governing the appeals on reassignment of public health workers and public social workers.

Slide 26

Section 1. Appeals on Reassignment of Public Health Workers and Public Social Workers- Appeals on the reassignment of public health workers and public social workers are primarily governed by Sections 6 (c) of Republic Act No. 7305 and 18 of Republic Act No. 9433, respectively.

Slide 27

Section 2. Where to file Appeal- The appeals shall be filed directly with the Commission Proper within fifteen (15) days from the receipt of the order of reassignment.

Slide 28

Section 3. Effect of Filing of an Appeal on the Reassignment- The filing of an appeal on the reassignment by the concerned public health worker or public social worker shall automatically hold in abeyance the implementation of the order of reassignment.

For this purpose, the appellant shall furnish a notice of appeal to the appointing authority or official who ordered the reassignment copy furnished CSCROs or CSCFOs concerned. The notice of appeal shall serve as notice to the concerned appointing authority or official to hold in abeyance the implementation of the order of reassignment.

Slide 29

Section 4. Duty of CSCROs – The Civil Service Commission Regional Offices (CSCROs) are directed to monitor compliance with Section 3 herein with respect to appeals on reassignment of public health workers and public social workers of agencies within their territorial jurisdiction.

Slide 30

Section 5. Repealing Clause – All previous rules inconsistent herewith are deemed repealed or modified accordingly.

Slide 31

Section 6. Effectivity – These rules shall take effect after fifteen (15) calendar days from the date of publication in a newspaper of general circulation.

All concerned are enjoined to conform to these procedures.

Francisco T. Duque III,MD,MSc

Chairperson

Slide 32

CIVIL SERVICE COMMISSIONRESOLUTION NO. 020515

SUBJECT: GUIDELINES IN THE GRANT OF MATERNITY AND PATERNITY LEAVE BENEFITS TO ADOPTIVE PARENTS

Section 34 of the Implementing Rules and Regulations of Republic Act No. 8552, An Act Establishing the Rules and Policies on the Domestic Adoption of Filipino Children and for Other Purposes, provided that, the adoptive parents shall, with respect to the adopted child, enjoy all the benefits to which biological parents are entitled;

Slide 33

Therefore the Commission adopts the following guidelines in processing requests for the grant of maternity and paternity leave benefits to adoptive parents:

1. Application for maternity and paternity leave of absence by adoptive parents should be submitted to the proper head of department/agency/office for appropriate action;

Slide 34

2. Applications for maternity and paternity leave of absence by adoptive parents should be accompanied by an authenticated copy of the Pre-Adoptive Placement Authority issued by the Department of Social Welfare and Development (DSWD) if the leave of absence will be availed before the grant of the petition for adoption;

Slide 35

3. If maternity and paternity leave benefits are availed after the grant of the petition for adoption, the application should be accompanied by authenticated copies of the Decree of Adoption issued by the proper court;

Slide 36

4. The grant of the leave of absence under this Resolution shall be available to adoptive parents only once during the whole adoption process, provided, the adoptee or the adoptive child is below seven (7) years of age as of:

a. the date the child is placed with the adoptive parents through the Pre-Adoptive Placement Authority; or

b. the date the application for maternity or paternity leave is made.

Slide 37

5. The applicable provisions of Rule XVI of the Omnibus Rules Implementing Book V of Executive Order No. 292 (CSC Memorandum Circular No. 41, series of 1998) shall apply suppletorily without need of categorical mention.

Signed Karina-Constantino- David

Slide 38

  • Re- Rules on filing of Motion for Reconsideration in Dropping from the Rolls Cases

  • X________________________x

  • Resolution No. 100900

  • May 5, 2010

  • Signed Chairman Francisco T. Duque III

  • Whereas, Section 6, Rule IX-A of the 1987 Constitution specifically provides that (Each Commission enb anc may promulgate its own rules concerning pleadings and practice before it or before any of its offices. Such rules however shall not diminish, increase, or modify substantive rights.

Slide 39

Whereas, pursuant to its rule-making power, the Commission issued Section 2, Rule XII of CSC Resolution No. 98-3143 dated December 14, 1998 as amended by CSC Resolution No. 99-1907 dated August 27, 1999 otherwise known as the “Revised Omnibus Rules on appointments and other Personnel Actions” which governs procedure on dropping from the rolls, and CSC Resolution No. 07-0631 dated April 10,2007 which added an additional circumstance when an official or employee may be dropped from the rolls without prior notice;

Slide 40

Whereas, CSC Resolution No. 98-313143 and CSC Resolution No. 99-1907were circularized through CSC Memorandum Circular No. 40 s 1998 dated December 14, 1998 and CSC Memorandum Circular No. 15, s. 1999 dated August 27, 1999, respectively:

Slide 41

Whereas, the policy on dropping from the rolls does not provide for the remedy of the employee concerned to move for the reconsideration of the decision dropping him/her from the roll of employees

Slide 42

Whereas , the Commission finds the need to clarify that an employee who was dropped from the rolls may move for the reconsideration of the same:

Slide 43

Wherefore, Section 2, rule XII of CSC Resolution No. 98-3143 as amended by CSC Resolution No. 99-1907, otherwise known as “Revised Omnibus Rules on appointments and other Personnel Actions”, shall be amended as follows:

An officer or employee who was dropped from the rolls by reason of his/her absence without approved leave (AWOL) or unsatisfactory or poor performance or mental and/or physical incapacity may move for the reconsideration of the decision separating him/her from the service within fifteen (15) days from receipt thereof;

Slide 44

This amendment shall take effect fifteen (15) days after its publication in a newspaper of general circulation.

Quezon City May 5, 2010

Signed: Francisco T. Duque III


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