Project Repeal is a public-private partnership initiative initially implemented by the National Competitiveness Council (NCC) and the Department of Trade and Industry – Competitiveness Bureau as the temporary secretariat of the Anti-Red Tape Authority (ARTA). Project Repeal aims to create an enabling environment for ease of doing business in the Philippines by conducting the review, consolidation, and repeal/amendment of inefficient, outdated, and complex regulatory systems and policies that negatively impact the Philippine economy and global competitiveness. This initiative requires the active participation of all relevant government agencies through a whole-of-government approach in the review and formulation of policy recommendations for cutting red tape and improving the quality of regulatory management in the Philippine public sector.
Background and Problem
For the longest time, administrative rules and procedures for regulatory management in the Philippines was largely covered by issuances that date back from the Commonwealth and Martial Law eras. Many of these rules and procedures may have relatively provided room for competitiveness, but a number of these still limit domestic and foreign competition. Recent developments in national and international development agenda concerning the Philippine regulatory environment has been more reactive than strategic. Regulations became complex and unharmonized (and to some extent, contradictory) to other laws and issuances, leading to issues such as low utilization of and access to modern and innovative technologies, substantial tariff and non-tariff barriers in several key industries, and overall, expensive cost of regulatory compliance for people and business.
Solution and Impact
Adopting best practices from Repeal Initiatives of other countries such as the United Kingdom (Red Tape Challenge), Australia (Cut Red Tape Initiative), Vietnam (Project 30), and South Korea (Regulatory Guillotine), the Philippine Project Repeal is geared towards the review of irrelevant, burdensome, and unnecessary laws and issuances imposed on businesses and citizens that affect the country’s global competitiveness ranking and investment climate. The operational framework for the project is evidence-based, horizontal, and democratized. It will adopt a whole-of-government approach for consulting and crowd-sourcing regulatory reform proposals, setting-up of repeal systems, and cutting of regulatory costs for businesses. It adopts four interventions for enhancing regulatory management: (1) amendment for addition, deletion, and/or change of certain provisions of a rule or regulation; (2) consolidation for integration of multiple or similar regulations into one legal document; (3) delisting for removal of invalid rules and regulations from an agency’s website and roster of active issuances, and; (4) repeal for full elimination of a rule/ issuance because it has been deemed as no longer necessary. From the 6,137 issuances and orders submitted for review and action, the First Repeal Day succeeded in reviewing some 3,776 orders and issuances, while the Second Repeal Day reviewed 1,096 orders and issuances, the Third Repeal Day reported to have reviewed of some 973 issuances, and on the Fourth Repeal Day which was conducted last December 2018, there was a total of 292 issuances reviewed. (See Fig. 1) Fig. 1: Data of Reviewed Issuances
| Repeal Day | Repealed | Amended | Consolidated | Delisted | Retained | Mixed Policy Option | TOTAL PER REPEAL DAY |
| 1st Repeal Day (2016) | 1,873 | 5 | 22 | 1,876 | 0 | n/a | 3,776 |
| 2nd Repeal Day (2016) | 2 | 35 | 34 | 762 | 263 | n/a | 1,096 |
| 3rd Repeal Day (2017) | 44 | 19 | 11 | 708 | 191 | n/a | 973 |
| 4th Repeal day (2018) | 108 | 106 | 2 | n/a | 51 | 25 | 292 |
| TOTAL | 2,027 | 165 | 69 | 3,346 | 505 | 25 | 6,137 |
| GRAND TOTAL OF ISSUANCES SUBMITTED FOR PROJECT REPEAL: 6,137 | |||||||
Source: ARTA – Better Regulations Office
Milestones
There were only eight government agencies participating when the initiative started in June 2016 (also the launch of First Repeal Day). In the 2nd Repeal Day, this increased to 22 participating agencies and 13 agencies in the 3rd Repeal Day. In December 2018, during the 4th Repeal Day, 20 agencies participated out of the 35 target agencies[1] (See Fig. 2) Fig. 2 List of Participating Agencies
| 1st Repeal Day (8 NGAs) | 2nd Repeal Day (22 NGAs) | 3rd Repeal Day (13 NGAs) | 4th Repeal Day (20 NGAs) |
| DTI, DOE, DOF, DOLE, DOT, DBMGPPB, LTFRB, SEC | BOC, CAB, CAAP, COA, CPAB, DA, DOE, DICT, DOLE, DILG, DTI, LTFRB, LTO, MIAA, NMIS, OTC, PNP, POEA, PPA, SEC, SRA, TIEZA | DTI-BSMED, DABSWM, CIAC, CDA, DOF-BLGF, DOTr, LTFRB, NFA, OTC, PCG, SEC, SRA, TESDA | DFA, NEDA, FDA, DPWH, DICT, DOT, SSS, DTI, QC-LGU, DOH, PRC, BOC, DOJ, BIR, DBM, DEPED, DILG, DOLE, LTO, PhilHealth |
Source: ARTA – Better Regulations Office
In the conduct of the project, Project Repeal-Philippines partnered with various institutions to mobilize strategies for achieving the project goals. The Civil Service Commission (CSC) was tapped by the Project Repeal Team to assist in the simplification of procedures in different agencies participating in Project Repeal. The Philippine Institute for Development Studies (PIDS) managed the multidisciplinary research for the crafting of the Philippines Standard Cost Model, a method for determining administrative burdens imposed by regulation. Project Repeal-Philippines also tapped leading higher education institutions to support the research stream of the project.
Further, the Project Repeal secretariat has also implemented the following initiatives since the 4th Repeal Day conducted last December 2018:
Roll-out of the Project Repeal Guidebook (British Embassy Manila)
The British Embassy Manila provided technical assistance to the DTI – CB to develop the Project Repeal Guidebook which was launched during the 4th Repeal Day. The Guidebook is the primary source of information and guidance on managing and simplifying existing regulations with the ultimate objective of efficient government service delivery and ease of doing business. The Project Repeal Guidebook aims to aid national government agencies towards new approaches on policymaking and service delivery. This was rolled out to the 35 priority agencies last May 2019.
Development of the Philippine Business Regulations Information System (PBRIS) (CD Technologies Asia and USAID)
The main objectives of the project is to establish the PBRIS through (1) the creation of an updated inventory of all business-related regulations in the country, and (2) the design and development of a platform hosted on a website where the public can access information on regulatory management system and changes in laws and regulations of the national government agencies and offices, local government units, government-owned or controlled corporations and other government instrumentalities, covered under Section 3 of the law. The PBRIS will serve as the public’s source of information on updated laws and regulations. It will be the database for all laws and regulations relevant to the public. The alpha version of the website was launched during the 4th Repeal Day and can be readily accessed at www.pbris.cdasia.com.
Capacity Building on Proper Registry of Rules and Regulations (U.P. Law Center – ONAR)
The ARTA, in partnership with the University of the Philippines Law Center, conducted capacity-building activities to assist government agencies in the proper registration of rules and regulations.
Current Status of Project Repeal
In light of the passage, signing, and implementation of R.A. 11032 otherwise known as the Ease of Doing Business and Efficient Government Service Delivery Act of 2018, Project Repeal has now been transferred to the Anti-Red Tape Authority from the Department of Trade and Industry – Competitiveness Bureau. It is currently undergoing program redesigning and assessment as part of the development of the Regulatory Management System or RMS for the Philippines being developed by ARTA with technical assistance from the University of the Philippine Public Administration Research and Extension Services Foundation Inc. (UPPAF) through the Regulatory Reform Support Program for National Development (RESPOND) Project, a project funded by the United States Agency for International Development (USAID).
The 35 target agencies are composed of the 21 Department level agencies, 15 agencies from the 2017 Report Card Survey Results of the Civil Service Commission, Agencies identified by the Cabinet Directive 2018-001, and Agencies identified during the regional roadshows for the Implementing Rules and Regulations of RA 11032.
[1] The 35 target agencies are composed of the 21 Department level agencies, 15 agencies from the 2017 Report Card Survey Results of the Civil Service Commission, Agencies identified by the Cabinet Directive 2018-001, and Agencies identified during the regional roadshows for the Implementing Rules and Regulations of RA 11032.