Creating the Office of the Presidential Adviser on Streamlining of Government Processes, Providing Its Functions, and for Other Purposes

April 13, 2021

EXECUTIVE ORDER NO. 129

CREATING THE OFFICE OF THE PRESIDENTIAL ADVISER ON STREAMLINING OF GOVERNMENT PROCESSES, PROVIDING ITS FUNCTIONS, AND FOR OTHER PURPOSES

WHEREAS, Section 2 of Republic Act (RA) No. 9485, as amended by RA No. 11032 or the "Ease of Doing Business and Efficient Government Service Delivery Act of 2018," mandates the State to maintain a program for the adoption of simplified requirements and procedures that will reduce red tape and expedite business and nonbusiness related transactions in government;

WHEREAS, increasing competitiveness and ease of doing business is a pillar of this Administration's Ten-Point Socio-economic Agenda;

WHEREAS, through Administrative Order Nos. 23 (s. 2020) and 32 (s. 2020), and other initiatives, the Government has introduced measures to eliminate over-regulation, facilitate prompt actions or resolution of all government transactions with efficiency, expedite and improve the delivery of public services, and simplify processing time and signatories for transactions in the Executive Department;

WHEREAS, it is the policy of the Administration to adopt a Whole-of-Government Approach in reengineering and simplifying government transactions, which entails the review and harmonization of existing and applicable laws, regulations, issuances and policies, as well as the adoption of inter-agency reviews for horizontal integration or end-to-end processing in delivering government services;

WHEREAS, RA No. 11517 authorizes the President to, among others, suspend requirements for national and local permits, licenses and certifications, and to expedite or streamline the process for the issuance thereof in times of national emergency;

WHEREAS, under Section 31, Chapter 10, Title III, Book III of Executive Order No. 292 (s. 1987) or the "Administrative Code of 1987," the President has the continuing authority to reorganize the administrative structure of the Office of the President (OP); and

WHEREAS, Section 17, Article VII of the Constitution provides that the President shall have control over all the executive departments, bureaus and offices, and shall ensure faithful execution of laws;

NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the Philippines, by virtue of the powers vested in me by the Constitution and existing laws, do hereby order:

SECTION 1. Creation. — The Office of the Presidential Adviser on Streamlining of Government Processes (OPASGP) is hereby created under the OP. The OPASGP shall be headed by the Presidential Adviser on Streamlining of Government Processes (PASGP) who shall have the rank and emoluments of a Cabinet Secretary.

The PASGP shall be assisted by an Undersecretary and an Assistant Secretary. The PASGP is hereby authorized to formulate the organizational structure of his office, composed of such administrative and technical personnel as may be deemed necessary to efficiently and effectively carry out the functions and duties prescribed herein, subject to the approval of the Department of Budget and Management.

The OPASGP shall be deemed dissolved upon the separation from service of the PASGP.

SECTION 2. Functions. — The PASGP shall have the following powers and functions:

a. Advise and recommend to the President or the ARTA, evidence-based policies, programs, measures and strategies that will further simplify processes and cut red-tape in the Executive branch as well as local government units (LGUs), and expedite the delivery of public goods and services to the Filipino people, including but not limited to the adoption of modern technology;

b. In coordination with the ARTA, undertake further review of existing government systems, mechanisms, and processes, especially the ongoing harmonization of inter-related agency processes in critical sectors, to promote a predictable business environment and reduce uncertainty in government transactions using the best, most innovative and least burdensome means allowed by law for accomplishing regulatory objectives;

c. Provide and set up, in coordination with the ARTA, an effective mechanism to act on special, strategic and immediate concerns or directives of the President requiring immediate action from relevant government departments, agencies and offices, LGUs, government-owned or controlled corporations and government financial institutions;

d. Subject to the approval of the President, provide policy guidance and act on all policy concerns submitted by the ARTA to the OP, with respect to the implementation of Presidential directives and initiatives, as well as policies, programs, projects and activities on ease of doing business under RA No. 9485, as amended;

e. Monitor implementation and compliance of government agencies and LGUs in all matters involving the exercise of the President's authority under RA No. 11517, and recommend to the President the imposition of appropriate sanctions against erring government officials or employees pursuant to Section 3 of the said law;

f. Recommend to the ARTA and/or other appropriate agencies to investigate or pursue appropriate action in case of non-compliance of any government official or employee with RA No. 9485, as amended, and other relevant laws and directives on ease of doing business; and

g. Perform such other functions as the President may direct.

SECTION 3. Convergence. — The PASGP and the ARTA shall ensure harmonization, integration and non-duplication of all government initiatives on ease of doing business.

The PASGP may call upon any government official or employee for such assistance necessary for the effective performance of his functions. All heads of executive departments and agencies are also hereby directed to fully cooperate with the PASGP to the extent consistent with their respective mandates.

SECTION 4. People's Participation. — The PASGP shall ensure that any regulation and action taken by the government pursuant to this Order shall be formulated, adopted and implemented through a process that involves public participation. To this end, the PASGP, in coordination with the ARTA, shall consult national and local Officials, experts in relevant disciplines, affected stakeholders in the private sector, and the public as a whole on all aspects pertaining to streamlining of government processes and ease of doing business.

SECTION 5. Funding. — The funds to support the operations of the OPASGP shall be sourced from the existing budget of the OP. The funding requirements for the succeeding years shall be included in the budget of the OP, subject to the regular budget process.

SECTION 6. Repeal. — All orders, rules and regulations, issuances, or any part thereof inconsistent with the provisions of this Order are hereby repealed, amended or modified accordingly.

SECTION 7. Separability. — Should any part or provision of this Order be held unconstitutional or invalid, the other parts or provisions not affected thereby shall continue to be in full force or effect.

SECTION 8. Effectivity. — This Order shall take effect immediately.

DONE in the City of Manila, this 13th day of April, in the year of Our Lord, Two Thousand and Twenty-One.

 

Published in the Official Gazette, Vol. 117, No. 17, p. 4802 on April 26, 2021.