Here’s How to Benefit From the Ease of Doing Business Act in the Philippines

Faster government transactions when securing business permits

The local government departments and their officials must swiftly process the applications and requests for local business licenses.

• For simple transactions: Processing should be within three (3) working days.
• For complex transactions: Processing time should be within seven (7) working days.
• Applications that should be done within twenty (20) working days: Business permits involving the following
  • Activities and scope that can pose a danger to public health, safety, morals, and policies
  • Highly technical transactions

If the local government arm fails to process the business permit within the stipulated time frame, the application is granted automatic approval.

Simplified process for issuing local business licenses and permits

The licensing system can be very tedious, time-consuming, and inefficient. Hence, the Ease of Doing Business Law aims to help solve these problems.

The Republic Act 11032 makes the issuance of permits and licenses more straightforward, be it business permits, environmental and agricultural clearances, and other licenses.

New Processes with the Ease of Doing Business Law

• The use of a unified business application form when processing new applications for business permits and business renewals.
• The updated permit application process combines applicant information from other agencies. This helps the local government departments in handling tax, clearance, and permit requests. Some of the permits and clearances that require shared information are as follows:
  • Local taxes and clearances
  • Building clearance
  • Sanitary permit
  • Zoning clearance
  • Other specific requirements of other government agencies and LGUs, including fire clearance issued by the Bureau of Fire Protection (BFP).
• The local government has the option to renew business permits in the first month of the year or on the business permit’s issuance anniversary.

Electronic Business One-Stop Shop (eBOSS) Implementation

The eBOSS is a single-stop facilitation service set up to streamline a city’s or municipality’s business permitting and licensing system. Moreover, the eBOSS receives and processes manual and electronic submissions of applications for permits, licenses, and other authorizations.

The government has mandated cities and municipalities to automate their business permitting and licensing systems. Alternatively, they can implement eBOSS within three (3) years from the effectivity of the Ease of Doing Business law.

Furthermore, the law states that local clearances shall be issued with the business permits to reduce requirements. Such documents include sanitary permits and environmental and agricultural clearances.

On the other hand, applicants must obtain barangay clearances and business-related permits at the office where the business is located. Lastly, clearances and licenses must follow Ease of Doing Business Law timelines, with revenues sent to barangays.

Zero Contact Policy

The Ease of Doing Business Law requires a Zero Contact Policy during all government transactions between officers and applicants. Additionally, there can only be a virtual or face-to-face meeting during the preliminary assessment or when strictly necessary. This policy aims to reduce potential graft, corruption, extortion, and bribery in government-related transactions.

The Citizen’s Charter

The Citizen’s Charter is a means for government agencies to convey their service standards when delivering their services to their clients or citizens.

This means of information dissemination can be in the form of billboards posted at the office’s main entrance, conspicuous and public locations, their respective websites, or printed or published materials, either in English, Filipino, or their local dialects.

Details of the service standards should include:

• An extensive, unified checklist of requirements for all types of applications and requests handled by said office or department
• Detailed steps on how to go about a particular service
• The time frame or number of days it takes to process the requested service
• Pertinent documents or additional requirements that the applicant or requesting party needs to provide during the application
• Corresponding fees, if applicable or necessary
• The procedure for filing complaints 

Streamlined Online Business Registration

Republic Act 11032 requires online business registration via the Central Business Portal established by the Department of Information and Communications Technology (DICT). This portal handles various business-related transactions, ensuring data collection for permits, licenses, clearances, and certifications.

Additionally, the Act mandates the creation of the Philippine Business Databank so that government agencies and LGUs have easy access to business entity information.

Anti-Red Tape Authority

RA 11032 also mandates the creation of the Anti-Red Tape Authority (ARTA) to oversee, implement, and neutralize red tape. Moreover, ARTA is also designed to implement reforms and initiatives to combat excessive bureaucracy and to ensure that the various government units and agencies involved will adhere to them.

To facilitate this, the law recommends the creation of a unified application and renewal forms that contain all the information for the various local government departments.

Accountability and Liability of Government Officials and Employees

Government agencies, their officials, and employees must follow the Ease of Doing Business law. Moreover, government officials and employees who fail to adhere to the statutes of the law will be punished accordingly and will incur corresponding penalties.

Registration and Documentation

Complete the unified business application form available through eBOSS or CBP. If eBOSS has not yet been fully implemented, submit all required documents electronically through the CBP or manually to the local government unit (LGU).

Processing and Follow-Up

Use the online portals to track the status of applications. If processing times exceed the prescribed limits, follow up with relevant agencies.

Be aware of the automatic approval provision and ensure you have documentation to support any automatic approvals if deadlines are missed.

Compliance with Local Requirements

Obtain barangay clearances and other specific local permits from the office where the business is located. Ensure compliance with local taxes, building, sanitary, zoning, and fire safety requirements.