ARTA seeks expansion of its anti-red tape enforcement powers

The Anti-Red Tape Authority (ARTA) is seeking to expand its powers to require government agencies to adopt its recommendations in streamlining bureaucratic processes.

“Making ARTA’s findings on suggested changes in the different agencies’ processes mandatory for implementation will definitely solve a lot of red tape problems,” ARTA Director General Jeremiah Belgica said in a statement.

“The real lasting solution is enforced streamlining and not just a mere recommendation,” Belgica said.

The ARTA chief said it already secured an endorsement from the Ease of Doing Business-Anti-Red Tape Advisory Council to propose to Congress the agency’s recommendation to expand its powers.

The EODB-ART Advisory Council approved the proposed amendments to the Republic Act No. 11032 or Ease of Doing Business (EODB) law, according to its mandate under the law’s Section 8 (f), which states the proposal of “legislation, amendments or modifications to Philippine laws related to anti-red tape and ease of doing business.”

“Our recommendation is for the EODB-ART Advisory Council to stand as an approving body for the recommendations of ARTA on certain streamlining measures that a particular agency or agencies refuse to implement. If the Council approves it then the agency should be compelled to follow,” Belgica said.

This, after the Senate Budget Hearing last September 17 during which certain limitations of ARTA were raised.

To solidify its empowerment function, ARTA proposed that its streamlining and reengineering recommendations be imposed in a compulsory basis among government agencies as compared to its policies being merely recommendatory under the law.

The ARTA chief said it will also propose that all covered agencies be required to allot a certain percentage of its budget for an EODB or ease of doing business plan and program similar to how agencies are being required to allot five percent of its budget for the Gender and Development Program.

As to its enforcement function, while ARTA is mandated to monitor and evaluate the agencies compliance with the law, in case of non-compliance, the power of ARTA against said government agencies is limited to issuing a notice of warning to said erring and non-complying government employee or officials, according to Belgica.

However, since non-compliance with R.A. 11032 is not among those enumerated under Section 21 of the law, no administrative or criminal sanction can be imposed for erring and non- complying government employee or officials, he said.

“Thus, while the directive to comply uses the word ‘shall’ which connotes mandatory action, the absence of an administrative or criminal sanction dilutes the complying power of ARTA to enforce its mandate,” according to the ARTA chief.

The ARTA also proposes to include non-compliance with the law as a punishable act, administratively or criminally. Further, it also proposes that the agency be vested with subpoena and contempt powers and be deputized to conduct formal investigations for violations of the law.

“With the news of a possible grant of anti-red tape emergency powers to the President during this state of national emergency, the Council also approved the anti-red tape emergency powers that could be granted to the President during a state of emergency which were presented by ARTA,” Belgica said. — DVM, GMA News