ADMINISTRATIVE LAW Part 3 Report By: Junen Baja Ruby Concepcion Republic Act No. 9485 (ARTA LAW)

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Presentation transcript:

ADMINISTRATIVE LAW Part 3 Report By: Junen Baja Ruby Concepcion Republic Act No (ARTA LAW)

“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”

Republic Act No (ARTA LAW) BRIEF HISTORY Reducing red-tape, corruption and improvement on the quality of government service are the perennial problems not only in the Philippine government service but those in the third world countries. Solving these problems is one of the most difficult and challenging battles that our government has been facing. Several laws had been promulgated in order improve the services and fostering transparency and accountability to all public servants but failed to attain its objectives.

Republic Act No (ARTA LAW)  The main objective of this Act is based on the Philippine Constitution Section 27, Article II “The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.”  This said Act is a consolidation of Senate Bill No & House Bill No passed February 8, 2007 & February 20, 2007 and approved on June 2,  It aims to improve efficiency in the delivery of government service to the public by reducing bureaucratic red tape, preventing graft and corruption, and providing penalties therefore.

Republic Act No (ARTA LAW)  In accordance with RA Section 16 the Civil Service Commission (CSC), in coordination with the Development Academy of the Philippines (DAP), the Office of the Ombudsman and the Presidential Anti-Graft Commission (PAGC), promulgated the necessary rules and regulations within 90 days from the effectivity of this Act.The Implementing Rules & Regulations of Ra 9485 took effect on September 05, 2008.

Republic Act No (ARTA LAW)  RA 9485 Sec. Coverage states that this Act shall apply to all government offices and agencies including local government units and government-owned or controlled corporations with or without original charter that provide frontline services as defined in the Act. Those performing judicial, quasi-judicial and legislative functions are excluded from the coverage of the Act, however, their respective frontline services are deemed included

Republic Act No (ARTA LAW) TEN (10) THINGS YOU SHOULD KNOW ABOUT ARTA: 1. The law applies to all government offices that provide frontline services. 2. The law limits the number of signatures of officials and employees to a maximum of five (5) signatures.

Republic Act No (ARTA LAW) TEN (10) THINGS YOU SHOULD KNOW ABOUT ARTA: 3. The law requires all government offices to draw up a Citizen’s Charter which identifies frontline services offered: -step-by-step procedures -employee responsible for each step -amount of fees -document to be presented -procedure for filing complaints -feedback mechanisms -special lane for pregnant women, senior citizen and person with disabilities

Republic Act No (ARTA LAW) TEN (10) THINGS YOU SHOULD KNOW ABOUT ARTA: 4. The Citizen’s Charter must be posted as information billboards at the main entrance or most conspicuous place and in published materials. 5. Public assistance and complaints desk should be set up and attended to even during break time. All officers and employees transacting with the public should wear an ID.

Republic Act No (ARTA LAW) TEN (10) THINGS YOU SHOULD KNOW ABOUT ARTA: 6. All applications/requests for frontline services shall be acted upon within five (5) to ten (10) working days 7. Denial of request for access to a government service shall be fully explained.

Republic Act No (ARTA LAW) TEN (10) THINGS YOU SHOULD KNOW ABOUT ARTA: 8.Disciplinary Action for Violating the Act: Light Offense -Refusal to accept application and/or request within the prescribed period -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;

Republic Act No (ARTA LAW) TEN (10) THINGS YOU SHOULD KNOW ABOUT ARTA: 8.Disciplinary Action for Violating the Act: Light Offense -Failure to attend to clients who are within the premises during official working hours and during lunch break; -Failure to give client a written notice on the disapproval of an application or request; and Imposition of additional irrelevant requirements.

Republic Act No (ARTA LAW) TEN (10) THINGS YOU SHOULD KNOW ABOUT ARTA: Penalties for Light Offense 1st offense - 30 days suspension without pay and mandatory attendance in Values Orientation Program (CSC) 2nd Offense - 3 months suspension without pay 3rd Offense - Dismissal and perpetual disqualification from public service

Republic Act No (ARTA LAW) TEN (10) THINGS YOU SHOULD KNOW ABOUT ARTA: Grave Offenses Fixing and/or collusion with fixers in consideration of an economic gain or advantage. Administrative Penalties Dismissal and perpetual disqualification from public service. Criminal Liability for Fixers – Penalty of imprisonment not exceeding 6 years or pay a fine of not less than P20, but not more than P200, or both fine and imprisonment at the discretion of the court.

Republic Act No (ARTA LAW) TEN (10) THINGS YOU SHOULD KNOW ABOUT ARTA: 9. The head of the office or agency shall be primarily responsible and accountable for the implementation of the Rules. 10. CSC shall conduct a Report Card Survey of government agencies to check on the existence and effectiveness of the Citizen’s Charter.

Republic Act No (ARTA LAW) TEN (10) THINGS YOU SHOULD KNOW ABOUT ARTA: Complaints against government offices that can be raised through Contact Center ng Bayan: 1. Presence of Fixers/Fixing Activity 2. Failure to attend to clients within office hours and noon break. 3. Absence of Public Assistance and Complaints Desk. 4. Absence of Citizen’s Charter

Republic Act No (ARTA LAW) TEN (10) THINGS YOU SHOULD KNOW ABOUT ARTA: Complaints against government offices that can be raised through Contact Center ng Bayan: 5. Imposition of additional requirements and cost that are not part of Citizen’s Charter. 6. Discourteous Frontliner. 7. Absence of Special Lanes for elders, pregnant and person with disability (PWD). 8. Non – issuance of official receipt. 9. Failure to give client a written notice of disapproval. 10. Slow process.

Thank you.