THE Anti-Red Tape Authority (Arta) has sought to expand its powers to mandate state agencies to comply with its policies and require them to allocate funding for programs on ease of doing business (EODB).
This, as Senate leaders confirmed at the weekend they are seriously considering amendatory legislation to give the President special powers to tweak the anti-red tape reglamentary framework in a time of crisis like the Covid-19 pandemic.
Arta Director General Jeremiah B. Belgica last week disclosed his agency will ask Congress to revise its charter under the EODB law. One of the amendments it will seek is the improvement of its authority as approved by the Anti-Red Tape Advisory Council, headed by Trade Secretary Ramon M. Lopez.
The Arta will ask lawmakers to make it mandatory for state agencies to comply with the issuances on streamlining procedures.
At present, government bodies can choose to ignore Arta policies on simplifying processes, as these are just recommendatory under the EODB law. Belgica argued that mandating state agencies to act on his agency’s issuances will address red tape issues.
In the proposed changes, if a policy to streamline procedure is approved by the Anti-Red Tape Advisory Council, then the agency in question should be compelled to follow.
“Making Arta’s findings on suggested changes in the different agencies’ processes mandatory for implementation will definitely solve a lot of red tape problems,” Belgica said in a statement. “The real lasting solution is enforced streamlining and not just a mere recommendation.”
The Arta also wants legislators to turn noncompliance with its directives a punishable act, administratively and criminally.
It will seek the power to issue subpoena against public officials, and to cite them in contempt. The agency will ask Congress that it be deputized to investigate government bodies and executives for possible violation of the EODB law.
The Arta will also appeal to require state agencies to set aside a certain amount of their budget for EODB programs similar to the mandatory 5 percent allocation for gender and development projects.
The Anti-Red Tape Advisory Council, for its part, endorsed not only amending the enforcement powers of the Arta, but vesting emergency powers in President Duterte as well. Senators last week first floated the idea of granting the President with temporary authority to cut red tape and penalize erring officials to attract foreign investments into the country.
If granted, Duterte will be authorized to trim the working time to process licenses and permits, as well as to waive the requirements to secure business papers.
The Chief Executive will also be permitted to suspend and sack public officials involved in red tape. This will lift the due process given to government executives to explain themselves to and be investigated by the Civil Service Commission and the Office of the Ombudsman before an action is taken against them.
Not emergency powers—Sotto
Senate President Vicente Sotto III said at the weekend what are contemplated are special powers for President Duterte to deal with red tape during national crises like a pandemic.
In an interview with DWIZ host Jarius Bondoc at the weekend, Sotto declined to call it “emergency powers,” clarifying that what they have in mind is further boosting the existing anti-red tape law in order to expedite delivery of services and protect businesses from needless barriers that impede their operations.
“Technically, we are giving him authority to streamline the present system when it comes to the grant of permits, processes, procedures, applications, licenses, clearances, certifications, authorizations. The simple transactions in government, whether local, national…whatever that is, those simple transactions must be done in a short period. There are also what are deemed medium up to longer time transactions, which is, about 40 to 45 days.”
Violations of these, Sotto explained, lie at the heart of Duterte’s recent complaint against red tape.
Recalling the discussions when Duterte called him, Speaker Alan Peter Cayetano and a few others to a meeting at the Palace last week, Sotto said, the president’s “number one” complaint and concern was, how to stamp out corruption in government. “Until now, he says he gets complaints from people who have to wait several days just to get a simple permit. We made ease of doing business into a law, like an amendment to the Arta [Anti-Red Tape Act], but the President still feels it’s not enough,” Sotto added, in a mix of English and Filipino.
Sotto noted it is the red tape that is feeding corruption, in Duterte’s view.
“So, this authority we are going to give him, I consulted the Senate leadership about it, which include Senate President Pro Tempore Ralph Recto, Majority Leader Miguel Zubiri, Minority Leader Frank Drilon and then of course, Senator Panfilo Lacson who was the principal author of the anti-red tape bill,” Sotto added. The ease of doing business is seen to center on “high-level types” of investors to attract them to take up stakes in the country.
The planned new powers being granted to the President, meanwhile, will “give him the authority during times of emergency,” so as to expedite essential transactions with government that are not yet covered under the ease of doing business law as it stands.
Sotto said the President had received reports that “many foreign investors are choosing between Vietnam, Thailand, Philippines …. Our only disadvantage here, our weak point, which is killing investor appetite, is really just corruption.”
From the barangay level up, people are pestered with needless requirements, which are often apparent ways for enticing the public to simply come across just to get their business done, the Senate leader said.
He also pointed to new burdens, arising from novel procedures imposed by some government agencies during the pandemic, that some businessmen have complained of.
As many agencies have had to migrate mainly to online transactions, deploying only skeletal staff with many State workers doing work from home, these offices have imposed new burdens, Sotto added.
“For example, if you make a tiny typographical error in the entry you submitted to Customs, there could be a $100 fine right away, or P5,000. If you get fined daily, that piles up,” the Senate chief added.
Malacañang recently extended until September 2021 the period of national emergency caused by the Covid-19 pandemic, in order to allow government to respond more effectively to the crisis.