DILG-ARTA JOINT MEMORANDUM CIRCULAR GUIDELINES ON THE REGULATORY REFORM FOR LGUs PURSUANT TO THE EASE OF DOING BUSINESS AND EFFICIENT GOVERNMENT SERVICE DELIVERY (EODB-EGSD) ACT OF 2018 December 10, 2019
CONTENTS Part I: DILG-ARTA JMC 2018-01— Policy Content and Guidelines Background —————————————————— 01 Purpose —————————————————— 02 Legal Compliance —————————————————— 03 Scope and Coverage —————————————————— 06 Definition of Terms —————————————————— 07 Policy Framework —————————————————— 09 Stakeholder Engagement and Participation The Regulatory Reform Team (RRT) Stocktaking Review of local ordinances, issuances, and resolutions Policy Option Monitoring and Evaluation (M & E) System Digitization and Use of Information and Communications Technology Capacity Building Filing of Regulations —————————————————— 18 Roles and Responsibilities —————————————————— 19 Submission of Reports —————————————————— 20 Forms —————————————————— 22 Annexes —————————————————— 23 Part II: HOW TO FILL-OUT THE FORMS Annex 1 : Stakeholder Analysis Template—————————— 25 Annex 2: Four-way Test ————————————————— 29 Annex 3: Regulatory Reform Technical Report Template ——— 30 Annex 4: Regulatory Mapping Template —————————— 33 Annex 5: New Issuances————————————————— 37 Part III: REGULATORY REFORM FOR LGUs (RR4LGUs) PORTAL What is Regulatory Reform for LGUs (RR4LGUs) System ———— 41 References —————————————————— 44 Contact Us —————————————————— 45
PART I
BACKGROUND Pursuant to Section 5 of Republic Act No. 11032, otherwise known as the Ease of Doing Business and Efficient Government Service Delivery Act of 2018, “All offices and agencies which provide government services are hereby mandated to regularly undertake cost compliance analysis, time and motion studies, undergo evaluation and improvement of their transaction systems and procedures and reengineer the same if deemed necessary to reduce bureaucratic red tape and processing time.” In support to the implementation of the abovementioned Act and its specific provisions, and in view of the Philippine Development Plan 2017-2022 that ensures People-Centered, Clean, and Efficient Governance through seamless service delivery, the Department of the Interior and Local Government (DILG) issued Memorandum Circular No. 2018-214 series of 2018 entitled, “Reengineering of LGU Systems and Procedures on EODB-EGSD Act of 2018” that enjoins LGUs to initiate reengineering of its operations and procedures. To assist LGUs in complying with the standards of the Act, the Department, with the support of the Anti-Red Tape Authority (ARTA), provides these guidelines pursuant to the Project Repeal Framework that was launched by the Competitiveness Bureau (CB) of the Department of Trade and Industry (DTI). These guidelines aim to improve the delivery of government services in the country by reviewing business and nonbusinessrelated local ordinances, issuances, and resolutions then recommend the repeal, amendment, consolidation, or retention, as may be deemed necessary, to eliminate unnecessary burden to business and non-business related transactions. 1
PURPOSE Generally, these guidelines provide legislative support to the national thrust of the current administration and other line agencies’ program to provide better government services and reduce excessive bureaucratic systems and procedures by adopting anti-red tape practical tools. Lower cost of compliance for businesses and cost of enforcement for government by repealing/amending unnecessary, costly burdensome, out-of-date, confusing rules. Review business and nonbusiness-related local ordinances, issuances and resolution that affect the country’s global competitiveness ranking and investment climate. Democratize regulatory reform process through public consultation and participation. Institutionalize an evidencebased repeal/ amendment system ultimately towards a coherent and better regulations. Specifically, these guidelines aim to enjoin LGUs to: 2
LEGAL COMPLIANCE Republic Act No. 11032 dated 28 May 2018, “An Act Promoting Ease of Doing Business and Efficient Delivery of Government Services”, amending for the purpose, Republic Act No. 9485 otherwise known as the “Anti-Red Tape Act of 2007.” Section 3. Coverage – “This act shall apply to all government offices and agencies including local government units (LGUs), government-owned and controlled corporations and other government instrumentalities, whether located in the Philippines or abroad, that provide services covering business and non-business related transactions as defined in this Act." Section 5. Reengineering of Systems and Procedures – “All offices and agencies which provide government services are hereby mandated to regularly undertake cost compliance analysis, time and motion studies, undergo evaluation and improvement of their transaction systems and procedures and reengineer the same if deemed necessary to reduce bureaucratic red tape and processing time.” Paragraph 2 of Section 5, “The Anti-Red Tape Authority, created in this Act, shall coordinate with all government offices covered under Section 3 of this Act in the review of existing laws, executive issuances and local ordinances, and recommend the repeal of the same if deemed outdated, redundant, and adds undue regulatory burden to the transacting public.” 3
LEGAL COMPLIANCE DTI-ARTA-CSC Joint Memorandum Circular No. 2019-001, The Implementing Rules and Regulations of Republic Act No. 11032 otherwise known as the “Ease of Doing Business and Efficient Government Service Delivery Act of 2018” DILG Memorandum Circular 2019-177, “Guidelines in the Integration of the Issuance of Barangay Clearance in the Permitting Processes of Cities and Municipalities.” DILG-DOF Joint Memorandum Circular No. 2019-01, “Guidelines for the Review, Adjustment, Setting and/or Adoption of Reasonable Regulatory Fees and Charges of Local Government Units." DILG Memorandum Circular (MC) No. 2018-214, “Reengineering of LGU Systems and Procedures in Compliance to EODB-EGSD Act of 2018” 4
LEGAL COMPLIANCE DILG-DPWH-DICT-DTI Joint Memorandum Circular 2018-01, “Guidelines in Streamlining the Processes for the Issuance of Building Permits and Certificate of Occupancy.” DILG-DTI-DICT Joint Memorandum Circular No. 2016-01, “Revised Standards in Processing Business Permits and Licenses in All Cities and Municipalities” Executive Order No. 292, “Instituting the Administrative Code of 1987”. Chapter 2 Section 3 Paragraph (1) of the same Order, Filing – “Every agency shall file with the University of the Philippines Law Center three (3) certified copies of every rule adopted by it. Rules in force on the date of effectivity of this Code which are not filed within three (3) months from that date shall not hereafter be the basis of any sanction against any party or persons.” Philippine Development Plan 2017-2022 Chapter 5: Ensuring People-Centered, Clean, and Efficient Governance, Subsector Outcome 2: Seamless service delivery achieved – “Adopt a whole-ofgovernment approach in the delivery of key services, implement regulatory reforms, and improve productivity of the public sector.” 5
SCOPE AND COVERAGE Provincial Governors, City and Municipal Mayors, Punong Barangay Sangguniang Panlalawigan, Panlungsod, and Pambarangay DILG Regional, Provincial, and Field Offices 6
DEFINITION OF TERMS Amend Modify or alter an enacted law, ordinance, or issuance Business-related Transactions A set of regulatory requirements that a business entity must comply with to engage, operate or continue to operate a business, such as but not limited to, collection or preparation of a number of documents, submission to national and local government authorities, approval of application submitted, and receipt of a formal certificate or certificates, permits, licenses which include primary and secondary, clearances and such similar authorization or documents which confer eligibility to operate, continue to operate, or to cease operation as a legitimate business (Source: R.A. 11032 or the Ease of Doing Business and Efficient Delivery of Government Services Act of 2018 and its Implementing Rules and Regulations) Circulars Issuances prescribing policies, rules and regulations, and procedures promulgated pursuant to law, applicable to individuals and organizations outside the Government and designed to supplement provisions of the law or to provide means for carrying them out, including information relating thereto Consolidate To integrate multiple similar laws or issuances into one legal document Implementing Rules and Regulation (IRR) Rules and regulations drafted by the implementing agency to fill-in the gaps of its charter, subject to public consultation. At times, the charter clearly provides agencies and entities that the implementing agency should coordinate in creating its IRR. Notably, it cannot go beyond the powers and functions that were granted to the agency under its charter Issuances Rule or guidelines issued by the LGUs to implement a law or to lay regulations for the public, in accordance with the law (e.g., Executive Orders, Department Orders, Administrative Orders). For the purpose of this policy, internal administrative orders should not be included in the inventory list Non-business transactions All other government transactions not falling under Section 4(c) of RA 11032 and also no need of the Certificate of Fire Incidents for Fire Insurance under Rule I, Section 4(o) of its Implementing Rules and Regulations Orders Issuances directed to particular offices, officials, or employees, concerning specific matters including assignments, detail and transfer of personnel, for observance or compliance by all concerned Ordinances A legislative of a general and permanent character enacted by the local Sanggunian 7
DEFINITION OF TERMS Philippine Business Regulation Information System (PBRIS) a web-based platform providing accessible information on business regulations issued by the Philippine government. It was established pursuant to Section 17(k) of the Republic Act No. 11032 stating that the ARTA shall: “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 (PBRIS) Regulations legal instruments that give effect to a government policy intervention and includes licensing, imposing information obligation, compliance to standards or payment of any form fee, levy, charge or any other statutory and regulatory requirements necessary to carry out an activity (Source: R.A. 11032 or the Ease of Doing Business and Efficient Government Service Delivery of Act of 2018) Regulatory Reform (a) refers to changes that improve regulatory quality that will enhance the performance, cost-effectiveness, or legal quality of regulations and related government formalities; (b) may also mean revision of a single regulation, the scrapping and rebuilding of an entire regulatory regime and its institutions, or improvement of processes for making regulations and managing reform; (Source: Regulatory Reform: A Synthesis, OECD, Paris, 1997, page 6) (c) is to evaluate past and current laws, local ordinances and issuances and subsequently taking the necessary policy option for each Reform To change into an improved form or condition Repeal To revoke laws, local ordinances, or issuances Resolution An expression of the sentiments: declaration of a will; opinion on position being rendered by the members of a deliberative body on certain issues and matters of public interests and having no permanent value but only temporary in character. (Source: Handbook in Local Legislation by Reverendo M. Dihan). Retain To keep laws, local ordinances, and issuances which are still effective in its current form Stakeholders Public or private, individuals or organizations, business community, employees, interest groups, and professional organisations who can affect and/or be affected/impacted by a particular regulation Stocktaking Inventory of all local ordinances, issuances, and resolutions made by the LGU 8
POLICY FRAMEWORK Stakeholder Engagement and Participation Creation of the Regulatory Reform Team Stocktaking of Regulations Policy Option Policy Review and Analysis Monitoring and Evaluation Digitization Capacity Building The Regulatory Reform Framework shall provide a set of procedures pursuant to the anti-red tape program implementation. It is composed of eight (8) elements which will be discussed in detail in the succeeding chapters. 9
1. Stakeholder Engagement and Participation The public, as the primary stakeholder affected by government policies, should be consulted in the formulation and modification of regulations and other reforms on LGU policies. LGUs may reach stakeholders through the following approaches: 1 Conduct of consultations/focus group discussions (FGD) with business groups, chambers, industry representatives, critical national government agencies, local government unit leagues, legal and technical experts, cooperatives, and civil society organizations. 2 Crowdsourcing through conduct of online surveys, segmented by business entity type and by industry. Options on mode of implementation are as follows: Stakeholder analysis may be used as a tool to guide LGUs in mapping out interests, concerns, and issues of all relevant stakeholders. In-house creation of online platform. Outsourcing of consultant to develop online platform. Conduct of real time assessment through face-to-face interview from randomly and purposively selected clientele base. 10
11 2. The Regulatory Reform Team (RRT) In order to facilitate the activities, the Local Chief Executives (LCEs) shall issue an executive order designating the heads and members of the Departments/Offices as part of the RRT. The composition of the RRT are as follows: For Provinces Head Co-head Provincial Governor Provincial Vice Governor Members Sangguniang Panlalawigan Members (at least 3 members of any related committee to be designated by the Sanggunian through a resolution) Provincial Administrator (as representative of each Department and offices) Provincial Planning and Development Coordinator Provincial Legal Officer Chief Records Officer Representative of Civil Society Organization (CSO)/NGO/Private or Business Sector Secretariat Secretary to the Sanggunian (Head) Provincial Governor Staff What is RRT? Is the team in charge for the improvement of quality government regulations. The team ensures that regulatory policy, laws, regulations, institutional and procedural arrangements are effective and efficient for better governance and service delivery.
For Cities/Municipalities Head Co-head City/Municipal Mayor City/Municipal Vice Mayor Members Sangguniang Panlungsod (SP)/Sangguniang Bayan (SB) Members (at least 3 members of any related committee to be designated by the Sanggunian through a resolution) C/M Administrator (as representative of each Department and offices) C/M Planning and Development Coordinator (C/MPDC) C/M Legal Officer C/M Records Officer Representative of CSO/NGO/Private or Business Sector Secretariat Secretary to the Sanggunian (Head) C/M Mayor’s Staff For Barangay Head Punong Barangay Members Sangguniang Barangay Members (at least 3 members of any related committee to be designated by the Sanggunian through a resolution) Barangay Treasurer Representative of CSO/NGO/Private or Business Sector Secretariat Barangay Secretary (head) * LGU has the option to increase the members of the RRT depends on their needs. 12
13 E) Draft policies based on the result of assessment; F) Accomplish the Regulatory Reform Technical Report (RRTR); G) Create a Monitoring and Evaluation System; H) Create and/or update the database systems and the LGU website. The website shall include, all local ordinances, issuances and resolution with their corresponding amendments; the most current and updated Citizen’s Charter with all services offered classified as Simple, Complex, and Highly Technical. It should be business - friendly and accessible. The Regulatory Reform Team (RRT) shall conduct regular stocktaking, monitoring and recommendation of policy options using the same process and forms. I) Establish regulatory management procedures and methodologies in the modification, adoption, implementation, and evaluation of existing local ordinances, issuances, and resolutions of LGU; J) Conduct studies/reviews in the promotion of efficient government services and ease of doing business; K) Conduct quarterly meeting and as need arises with proper documentation; and L) Ensure regular and timely submission to DILG and ARTA. A) Stocktake all existing local ordinances and issuances made by LGUs solely or jointly made with other LGUs or NGAs; B) Conduct public dialogues with stakeholders such as NGAs, CSOs and the private sector, to identify cumbersome regulations and determine priority ordinances and issuances for review/assessment. C) Review/assess prioritized local ordinances, issuances, and resolutions, if it is redundant, outdated, or unnecessary using the Four-way Test. D) Recommend policy options that may be adopted
14 Upon creation of the Regulatory Reform Team (RRT), its first agenda is to conduct an inventory of all existing issuances, ordinances, or resolutions implemented by the LGU. Use Annex 4: Regulatory Map. 3 Approaches in stocktaking of local ordinances, issuances, and resolutions Assign the Secretary to Sanggunian and Records Department. APPROACH 1 Request from all operational units. APPROACH 2 Outsource the development of a database. APPROACH 3 3. Stocktaking
15 The RRT may create a Regulatory Map which provides an overview of the regulatory environment through identifying the correlation between and among the regulations. In addition to the Four-way Test provided herein, the Regulatory Map may also assist the RRT in assessing whether the policy is cumbersome, unnecessary, outdated and/or redundant. In case that the local government is well capacitated in Regulatory Impact Assessment (RIA), the RRT shall conduct RIA and upload/submit the supplementary reports according to the guidelines to be released by ARTA. Based on its review and assessment, the RRT shall recommend the repeal, amendment, consolidation, or retention of the regulation/s submitted for review. The RRT shall submit its recommendation to the Local Chief Executives for executive issuances, to the Vice Governor or the Vice Mayor for ordinances and resolutions. The recommendation shall be considered by the Sanggunian concerned in repealing or amending ordinances/issuances/resolutions. M & E on policy review must be undertaken for all local ordinances, issuances, and resolutions to analyse whether the policy has achieved its desired objectives. The RRT may use the M & E to develop recommendations for future policy improvement. 4. Review of Local Ordinances, Issuances and Resolutions 5. Policy Option 6. Monitoring and Evaluation System
16 DILG-ARTA Regulatory Reform Information System for LGUs or the Regulatory Reform for LGUs (RR4LGUs). DILG Field Offices shall be provided with accounts to access the RR4LGUs. All forms are downloadable on RR4LGUs. Accomplished forms shall be uploaded in the system for the accessibility of DILG-BLGD and ARTA. Philippine Business Regulations Information System (PBRIS). All submitted inventories of business-related and business-affecting local issuances, ordinances and resolutions shall be uploaded in PBRIS pursuant to Sec. 17 (k) of R.A. 11032. Reference forms are Annex 4. Regulatory Map and Annex 5. New Issuances. The PBRIS shall serve as primary data repository and as the public’s source of information on updated regulations. Website. It is recommended that LGUs shall utilize their respective official websites as an online repository of local ordinances, issuances, and resolutions for the purpose of transparency. The publication and posting requirement of local ordinances, issuances, and resolutions shall be complied with pursuant to the Local Government Code of 1991 and other existing laws, rules and regulations. 7. Digitization and Use of Information Communications Technology 1. 2. 3.
17 8. Capacity Building LGUs or the RRT must attend various related training especially on EODB like regulatory impact analysis and others to strengthen their skills and understanding on the issuance, review and formulation of policies and regulations for their constituents.
FILING OF REGULATIONS 18 The RRT Secretariat shall furnish a copy of approved local ordinances, issuances, and resolutions to the University of the Philippines (UP) Office of the National Administrative Register (ONAR), pursuant to Administrative Code of 1987.
ROLES AND RESPONSIBILITIES 19 Publicize the issuance of the Joint Memorandum Circular on Regulatory Reforms Develop and maintain the DILG -ARTA Regulatory Reforms Information System for LGUs or the Regulatory Reform for LGUs (RR4LGUs) Conduct necessary orientations, workshops, capacity buildings to DILG Field Offices and LGUs on the Regulatory Reform Guidelines and system Ensure and monitor compliance of LGUs on the Regulatory Reform Guidelines Consolidate/filter all outputs in the RR4LGUs Notify ARTA of the submission in the RR4LGUs every last month of each quarter DILG shall: Assist in the conduct of necessary orientations, workshops, capacity buildings to DILG Field Offices and LGUs on the Regulatory Reform Guidelines ARTA shall assess the outputs uploaded in the RR4LGUs pursuant to Section 5 paragraph 2 of R.A. 11032 and directly inform the relevant LGU on the result of the assessment Publish inventories of ordinances, issuances, and resolutions in PBRIS Prepare regulatory management manuals for LGUs as stipulated in Section 17(g) of RA 11032 ARTA shall:
SUBMISSION OF REPORTS AND OTHER REQUIREMENTS 20 Downloading of Forms LGUs can download all the forms in the “Regulatory Reforms for Information System for LGUs or Regulatory Reforms for LGUs (RR4LGUs)” Submission of accomplished forms LGUs shall submit soft copies of accomplished forms to their respective DILG Field Offices. 2 LGUs shall submit hard copies of accomplished forms directly to ARTA and copy furnish respective DILG Field offices. Hard copies must be duly signed by the Barangay, Local Chief Executive, in case of Administrative issuances; or Vice Governor/Vice Mayor in case of Ordinances and Resolutions. Likewise, DILG-BLGD shall consolidate/filter all outputs in the RR4LGUs. ARTA, who shall be notified by the former on the last month of each quarter, will assess the outputs uploaded in the system pursuant to Section 5 of R.A. 11032. DILG Regional and Provincial Offices shall consolidate all forms through the RR4LGUs and submit consolidated outputs to DILG-BLGD. 1 3 4
21 Deadline of submission To ensure compliance to the EODB and EGSD Act of 2018 and monitor implementation of the Regulatory Reform Guidelines in the localities, deadlines for submission of deliverables to be submitted to ARTA are hereby prescribed: Phase Element Submission Deadline Output 3 Formation of Regulatory Reform Team Starting 2020 Executive Order/ Resolution on the formation of the team 2 1st Quarter Inventory of business related and non-business related ordinances/ resolutions and issuances (2016-Present) *use Annex 4 Template Stocktaking/ Monitoring 3 2nd Quarter Inventory of business related and non-business related ordinances/ resolutions and issuances (2005-2015) *use Annex 4 form 4 3rd Quarter Inventory of business related and non-business related ordinances/ resolutions and issuances (1995-2004) *use Annex 4 form 5 4th Quarter Inventory of business related and non-business related ordinances/ resolutions and issuances (1994 and older) *use Annex 4 form 6 Recommendation of Policy Option Regularly Regulatory Reform Technical Report with Regulatory Impact Statement *use Annex 3 form The RRT can conduct regular regulatory reform every year using the same process and forms.
FORMS 22 Annex 5. New Issuances Annex 2. Four-way Test Annex 3. Regulatory Reform Technical Report Annex 4. Regulatory Map Annex 1. Stakeholder Analysis The Stakeholder Analysis provides a map of all the relevant stakeholders to determine the group or class where they belong, their willingness to engage, and their potential contribution to the implementation of local ordinances, resolutions, and issuances. Developed during the fourth cycle of Project Repeal, these guide questions that may assist the RRT in the decision-making process. The Regulatory Reform Technical Report encompasses three (3) types of tertiary regulations: local ordinances, issuances, and resolutions whereby separate technical reports shall be created for each type. The RRTR shall include the recommended policy option, the list of other regulations it affects, the rationale for the policy option, and their possible impact of when adopted. The form includes all pertinent information of the ordinances, issuances, and resolutions deemed for policy reform. The Regulatory Map may assist the RRT through outlining the local regulatory ecosystem. The form is the list of new issuances, ordinances or resolutions after it was repealed, amended and consolidated including the retained one.
ANNEXES 23 Annex 1: Stakeholders Analysis Annex 3: Regulatory Reform Technical Report Template Annex 2: Four-way Test Annex 4: Regulatory Mapping Template Annex 5: New Issuances
PART II 24
25 Annex 1: STAKEHOLDER ANALYSIS Province/City/Municipality/Barangay: ______________________ TITLE OF ORDINANCE, RESOLUTION, OR OTHER ISSUANCES (1) STAKEHOLDER NAME (2) GROUP OR CLASS IT BELONGS TO (3) Prepared by: _________________________________ 1. Under column 1, kindly list all the laws, ordinances, resolutions, or other issuances bein2. In column 2, write the name of the individuals and/or organizations that the ordinance, re3. In column 3, write the group or class that the stakeholder belongs to, to help you group 4. In column 4, identify and write your assessment of the stakeholder’s willingness to enga5. In column 5, assess the rate of influence of the stakeholder. Identify the number of mcontribution or interests to your LGU/organization. 6. Lastly, in column 6, evaluate whether to engage the stakeholder and the level of engvarious forms such as: a. Information – the agency/LGU simply informs the stakeholder of new policies or activib. Consultation - the agency/LGU conducts a dialogue (one-on-one consultation) or a fpolicy. c. Partnership – the level of engagement between the agency/LGU is more than policy are identified as having high contribution to the agency/LGU. d. Representation – Citizen-stakeholders become part of policy recommending or policengage regularly with agency/LGU can be considered here. Action points should be written clearly written to provide a map of all the LGU’s stakeholde
26 WILLINGNESS TO ENGAGE (4) INFLUENCE OR POTENTIAL (5) ACTION POINT (6) Noted by: _________________________________ g subject to amendment, repeal, consolidation, or retain. esolution, or other issuances affects better together the same stakeholders. age, may it be high or low. members/followers/networks in their organization. Indicate also the stakeholders’ potential agement the LGU is going to undertake with them. Levels of engagement may come in ties. focus group discussion (group consultation) with stakeholders for a particular concern or making, oftentimes, conduct of joint implementation of policies are enacted. Stakeholders y-making bodies. Stakeholders who have high influence spheres and can contribute and ers for easy reference.
27 STAKEHOLDER ANALYSIS ANNEX 1 Under Column 1, kindly list all the laws, ordinances, resolutions, or other issuances being subject to amendment, repeal, consolidation, or retain. In column 2, write the name of the individuals and/or organizations that the ordinance, resolution, or other issuances affects. In column 3, write the group or class that the stakeholder belongs to, to help you group better together the same stakeholders. In column 4, identify and write your assessment of the stakeholder’s willingness to engage, may it be high or low. In column 5, assess the rate of influence of the stakeholder. Identify the number of members/ followers/ networks in their organization. Indicate also the stakeholders’ potential contribution or interests to your LGU/ organization. Lastly, in column 6, evaluate whether to engage the stakeholder and the level of engagement the LGU is going to undertake with them. Levels of engagement may come in various forms such as information, consultation, partnership, or representation.
28 LEVELS OF ENGAGEMENT (Column 6 of Annex 1) Consultation The agency/ LGU conducts a dialogue (one-on-one consultation) or a focus group discussion (group consultation) with stakeholders for a particular concern or policy. Information The agency/ LGU simply informs the stakeholder of new policies or activities. Partnership The level of engagement between the agency/ LGU is more than policy making, oftentimes, conduct of joint implementation of policies are enacted. Stakeholders are identified as having high contribution to the agency/ LGU. Representation Citizen- stakeholders become part of policy recommending or policy-making bodies. Stakeholders who have high influence spheres can contribute and engage regularly with agency/ LGU can be considered here.
29 Annex 2: FOUR-WAY TEST
30 Annex 3: REGULATORY REFORM TECHNICAL REPORT LGU INFORMATION Name of LGU: Department/Office: Date of submission: ISSUANCE / ORDINANCE / RESOLUTION INFORMATION Number Title Date of Effectivity/Passage Legal Basis Brief description of the Issuance/Ordinance/ Resolution Recommended Policy Option Repeal Amend Consolidate Retain List of other regulations it may affect Code Title Rationale behind recommended policy option Impact when policy option is adopted Stakeholder(s) Nature of Impact Magnitude of Impact Duration of Impact Prepared by: ______________________________ Local Sanggunian Secretary Noted by: ______________________________
31 REGULATORY REFORM TECHNICAL REPORT ANNEX 3 First Box: LGU Information Indicate the name of the LGU, Department/ Office concerned or proponent, and date of submission of this report. Second Box: Issuance/Ordinance/Resolution Information Indicate the new code/number of amended/consolidated/ repealed/ retained ordinance, issuance, or resolution, its date of effectivity, and the complete title. Third Box: Legal basis Indicate all the legal bases (national and local) of the amended, consolidated, repealed, or retained ordinance/s, issuance/s, and resolution/s. Fourth Box: Brief Description of the Issuance/ Ordinance/ Resolution Provide a brief description of the amended, consolidated, repealed, and retained ordinance/ issuance/ resolution. Fifth Box: Recommended policy option Kindly put a check on the recommended policy option- whether amended, consolidated, repealed, or retained. Sixth Box: List of other regulations it may affect Provide the code/number and the title of affected regulations (local and national). Seventh: Rationale behind recommended policy option State the rationale behind the recommended policy option. Eighth: Impact when policy option is adopted Provide the stakeholders, nature, magnitude, and duration of impact to the stakeholders when the policy option is adopted.
32 Local Provincial Regional National Minor 1 - 5 Stakeholder Medium 6 - 10 Stakeholder Large 11 Stakeholders and above Short Term Medium Term Long Term Nature of Impact (Choose any of the following) Magnitude of Impact (Choose any of the following) Duration of Impact (Choose any of the following)
33 Annex 4: REGULATORY MAP Prepared by: ________________________________________________ LCE Staff/Local Sanggunian Secretary/Barangay Secretary Noted by: _______________________________________________ Provincial/City/Municipal Government Operations Officer Guide: BR- Business Related NBR- Non-Business Related Province/City/Municipality/Barangay: _________________________ REGULATORY MAPPING AND SUMMARPolicy No./ Code Status of Existing Ordinances/Issuances/Resolutions Impact to StaTitle of Ordinance/ Resolutions Issuances/ Executive Order Date of Approval Legal Bases Sector (Social, Environmental, Infrastructure, Economic, Institutional Business Related/NonBusiness Related Covera(DD-MM- (Local/ ProvRegional/ Na(1) (2) (3) (4) (5) (6) (7)
34 Approved by: _________________________________________________ Local Chief Executive/Head of Local Sanggunian or Presiding Officer Punong Barangay Guide: Minor- 1-5 Stakeholders Medium- 6-10 Stakeholders Large- 11 Stakeholders and above Legend: R- Repeal A- Amend C- Consolidate Re- Retain RY OF RECOMMENDED POLICY OPTION akeholder POLICY OPTION Remarks ge Measure Type of Affected Stakeholders (e.g. Business, PWD, Senior Citizens, Youth, etc.) *Reference to Annex 1 Stakeholder Analysis Recommended Policy Option (Repeal/Amend/ Consolidate/Retain) Reason for the Policy Option vincial/ ational) (Minor/Medium/ Large) (8) (9) (10) (11) (12)
35 REGULATORY MAPPING AND SUMMARY OF RECOMMENDED POLICY OPTION ANNEX 4 Under the column 1, provide the policy number/ code of the ordinance/ resolution/ issuance. Under the column 3, supply the date of approval of the ordinance/ resolution/ issuance. Under the column 2, indicate the title of the ordinance/ resolution/ issuance. Under the column 4, specify all the legal bases relevant to the ordinance/ resolution/ issuance. Under the column 5, identify the sector for the intended purpose of ordinance/ resolution/ issuance. Under the column 6, put BR if business related and NBR if nonbusiness related.
36 Under the column 7, identify the coverage of the impact to the stakeholder of the ordinance/ resolution/ issuance whether Local, Provincial, Regional, or National. Under column 8, indicate the number of stakeholders affected by the ordinance/ resolution/ issuance through the following: Minor- 1- 5 Stakeholders, Medium- 6-10 Stakeholders, Large- 11 Stakeholders and above Under column 9, specify the type of affected stakeholders. You may use the Annex 1 (Stakeholder Analysis) as reference. Under column 10, indicate the recommended policy option. For brevity, use R- repeal, A- amend, C- consolidate, and Re- retain. Under column 11, state the reasons for the policy option to be adopted. Lastly, column 12 can be used for remarks.
37 Annex 5: FOR NEW ISSUANCES Policy No./Code New Issuances Title of Ordinance/ Resolutions Issuances/ Executive Order Date of Approval Legal Bases Sector (Social, Environmental, Infrastructure, Economic, Institutional Business Related/NonBusiness Related Coverag(DD-MMYYYY) (Local/ ProvRegional/ Na(1) (2) (3) (4) (5) (6) (7) Prepared by: ________________________________________________ LCE Staff/Local Sanggunian Secretary/Barangay Secretary Noted by: _________________________________________________ Provincial/City/Municipal Government Operations Officer Guide: BR- Business Related NBR- Non-Business Related Province/City/Municipality/Barangay: _________________________
Impact to Stakeholder Source of Policy Option Affected Ordinances/Resolutions ge Measure Type of Affected Stakeholders (e.g. Business, PWD, Senior Citizens, Youth, etc.) *Reference to Annex 1 Stakeholder Analysis Code Title incial/ ational) (Minor/Medium/ Large) (Repeal/Amend/ Consolidate/Retain) (8) (9) (10) (11) (12) Approved by: ___________________________________________________________ Local Chief Executive/Head of Local Sanggunian or Presiding Officer/Punong Barangay 38 Guide: Minor- 1-5 Stakeholders Medium- 6-10 Stakeholders Large- 11 Stakeholders and above Legend: R- Repeal A- Amend C- Consolidate Re- Retain
39 NEW ISSUANCES ANNEX 5 * This form is a system generated report upon submission/ encoding of Regulatory Reform Technical Report for business related and nonbusiness related ordinances/ issuances/ resolutions. For this form, the information needed in columns 1-9 is the same with Annex 4. Only this time, the information pertains to new issuances that were repealed, amended, consolidated, and retained. Information indicated in this form shall reflect the details specified in Annex 3 (Regulatory Reform Technical Report) for business related ordinances/ resolutions/ issuances, and the encoded data in the system for nonbusiness related ordinances/ resolutions/ issuances. For column 10, indicate the source of policy option of the new ordinance, resolution, or issuance. For column 11 and 12, enumerate the code/ number and the title of the affected ordinances, resolutions, and issuances.
DEFINITION OF TERMS 40 PART III
BACKGROUND, PURPOSE/OBJECTIVE OF THE SYSTEM 41 WHAT IS REGULATORY REFORM FOR LGUs (RR4LGUs) SYSTEM? A web-based application that provides information of all existing regulations and issuances of local government units that are collated and integrated into one database whether it is related to business or non-business. RR4LGUs provides access and serves as a repository database of policies, issuances or regulations that are still existing from the oldest to current and even new issuances that have been amended, repealed and consolidated. The portal aims to fast track the stocktaking, review and determine whether these policies are redundant, antiquated, outdated and burdensome to reduce bureaucratic systems and procedures. It also aims to store and retrieve information of the existing regulations that have been amended, consolidated and repealed or retained in the most efficient and effective way. It is also created to cross reference of various regulations imposed by the LGUs.
42 THE PROCESS DATA GATHERING Equipped with automated data capture forms to gather data on all ordinances, resolutions, and issuances implemented by the LGU. It provides a paperless solution to saved and received data on the go. DATA VALIDATION Ensures data have undergone data cleansing for accuracy and consistency of user input into the system. Encoded regulatory reform technical reports are checked and validated through the system. MONITORING AND REPORT GENERATION Consolidated local ordinances and issuances can be access and it will serve as a tool for effective reporting, analytics and information delivery.
43 Stocktaking Tool 1. Once the repository is established, the next step is to review and assess local ordinances and issuances. 2. Select and evaluate ordinance, resolution, and issuances from the system. 3. 4. After the evaluation of the local ordinances and issuances to the system, a policy option is adopted whether it should be repealed, amended, consolidated, or retained. Accomplished regulatory reform technical reports will be generated through the system. FEATURES DATA MANAGEMENT The system is capable of storing, retrieving and managing local ordinances, resolution, and issuances. SEARCH ENGINE FACILITY It includes a search feature to filter and aggregate information based on the user’s needs. SECURITY Integrated web application security to protect against vulnerabilities and secure stored LGU data. SYSTEM REPORTS Users can access and generates system reports. DATA ANALYTICS DASHBOARD Shows the graphical representation of all the ordinances, issuances and resolutions encoded per LGU level. R e g u l a t o r y m a p p i n g through the conduct of stocktaking is important to determine whether these ordinances, resolutions, or issuances are outdated, overdue, redundant, or otherwise needs review. 1.DOWNLOAD 2. FILL 3.UPLOAD Download the prescribed stocktaking tool template Fill-out the forms Upload accomplished form to the system
44 Republic Act 11032 or the “Ease of Doing Business and Efficient Delivery of Government Services (EODB-EDGS) Act of 2018” and its Implementing Rules and Regulations DILG Memorandum Circular No. 2018-214, dated 27 December 2018, “Reengineering of LGU Systems and Procedures in Compliance to EODB-EGSD Act of 2018” DILG-DOF Joint Memorandum Circular No. 2019-01, dated 17 May 2019, “Guidelines for the Review, Adjustment, Setting and/or Adoption of Reasonable Regulatory Fees and Charges of Local Government Units” UK Foreign & Commonwealth Office, Anti-Red Tape Authority, and Department of Trade and Industry. (December 2018). Project Repeal Guidebook: A Guidebook for the Pursuit of Regulatory Reform in National Government Agencies. Manila, Philippines Regulatory Reform: A Synthesis, OECD, Paris, 1997, page 11 Executive Order No. 292 or “Instituting the Administrative Code of 1987” REFERENCES
CONTACT US DILG-Bureau of Local Government Development ARTA-Better Regulations Office (02) 478-5091 info@arta.gov.ph www.arta.gov.ph (02)925-0356 regulatoryreform@gmail.com www.dilg.gov.ph 45