Republic Act No. 11032 or the Ease of Doing Business Act is landmark legislation that created a framework for the government’s initiative to make an investment in the Philippines more attractive. Included in the law is the creation and/or appointment of the bodies that are tasked to implement its provisions thereof, the Anti-Red Tape Authority (ARTA) and the Ease of Doing Business and Anti-Red Tape Advisory Council.
THE ANTI-RED TAPE AUTHORITY (ARTA)
The ARTA, which is attached to the office of the President, is tasked by law to ensure that the provisions of RA 11032 are implemented. The Authority shall have the following power and functions:
- Implement and oversee a national policy on anti-red tape and ease of doing business;
- Implement various ease of doing business and anti-red tape reform initiatives aimed at improving the ranking of the Philippines;
- Monitor and evaluate the compliance of agencies covered under Section 3 of this Act, and issue notice of warning to erring and/or noncomplying government employees or officials;
- Initiate investigation, motu proprio or upon receipt of a complaint, refer the same to the appropriate agency, or file cases for violations of this Act;
- Assist complainants in filing necessary cases with the CSC, the Ombudsman and other appropriate courts, as the case may be;
- Recommend policies, processes and systems to improve regulatory management to increase the productivity, efficiency, and effectiveness of business permitting and licensing agencies;
- Review proposed major regulations of government agencies, using submitted regulatory impact assessments, subject to proportionality rules to be determined by the Authority;
- Conduct regulatory management training programs to capacitate NGAs and LGUs to comply with sound regulatory management practices;
- Prepare, in consultation with the appropriate agencies, regulatory management manuals for all government agencies and/or instrumentalities and LGUs;
- Provide technical assistance and advisory opinions in the review of proposed national or local legislation, regulations or procedures;
- Ensure the dissemination of and public access to information on regulatory management system and changes in laws and regulations relevant to the public by establishing the Philippine Business Regulations Information System;
- Enlist the assistance of the CSC, DTI and other government agencies in the implementation of its powers and functions provided for in this Act; and
- Perform such acts as may be necessary to attain the objectives of this Act.
EASE OF DOING BUSINESS AND ANTI-RED TAPE ADVISORY COUNCIL
The Ease of Doing Business and Anti-Red Tape Advisory Council is composed by Secretary of the DTI as Chairperson, the Director-General of the Authority as Vice-Chairperson, the Secretaries of the DICT, DILG, and Department of Finance (DOF), and two (2) representatives from the private sector as the members.
According to Sec. 19 of RA 11032, “The Council shall be the policy and advisory body to the Authority. The Council shall formulate policies and programs that will continuously enhance and improve the country’s competitiveness and ease of doing business. Towards this end, the Council shall have the following powers and functions:
(a) Plan, draft and propose a national policy on ease of doing business and anti-red tape;
(b) Recommend policies, processes, and systems to improve regulatory management to increase the productivity, efficiency, and effectiveness of permitting and licensing agencies;
(c) Design and identify systems that will continuously enhance and improve the delivery of services in government and ease of doing business in the country;
(d) Authorize the creation or appointment of specific working groups or task forces in aid of the implementation of this Act;
(e) Propose legislation, amendments or modifications to Philippine laws related to anti-red tape and ease of doing business;
(f) Periodically review and assess the country’s competitiveness performance, challenges, and issues;
(g) Provide technical assistance and advisory opinions in the review of proposed national or local legislation, regulations, or procedures;
(h) Recommend to the Authority the issuance of the appropriate measures to promote transparency and efficiency in business practices and delivery of services in government; and
(i) Perform such other functions as may be necessary or as may be directed by the President of the Philippines for the successful implementation to attain the objectives of this Act.