BPLS Reform Program Guide - National Computer Center
BPLS Reform Program Guide - National Computer Center
BPLS Reform Program Guide - National Computer Center
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<strong>BPLS</strong> REFORM PROGRAM<br />
GUIDE<br />
Promoting Local Business Permit and Licensing<br />
System <strong>Reform</strong> in the Philippines<br />
December 2011<br />
This publication was produced by Nathan Associates Inc. for review by the United States Agency for<br />
International Development.
<strong>BPLS</strong> REFORM PROGRAM<br />
GUIDE<br />
Promoting Local Business Permit and Licensing<br />
System <strong>Reform</strong> in the Philippines<br />
DISCLAIMER<br />
This document is made possible by the support of the American people through the United States Agency for<br />
International Development (USAID). Its contents are the sole responsibility of the author or authors and do<br />
not necessarily reflect the views of USAID or the United States government.
Contents<br />
Acronyms v<br />
Acknowledgements vii<br />
1. Global Competitiveness and <strong>BPLS</strong> Streamlining 1<br />
1.1 Competitiveness Defined 1<br />
1.2 Global Surveys on Competitiveness 1<br />
1.3 <strong>National</strong> Surveys on Competitiveness 3<br />
1.4 Awards and Incentives 6<br />
2. Understanding <strong>BPLS</strong> <strong>Reform</strong>s 9<br />
2.1 What is <strong>BPLS</strong> streamlining? 9<br />
2.2 Legal Basis for <strong>BPLS</strong> <strong>Reform</strong>s 10<br />
2.3 The Government <strong>BPLS</strong> <strong>Program</strong> 11<br />
2.4 Institutional Structures and Mechanisms 17<br />
3. Past <strong>BPLS</strong> <strong>Reform</strong>s in the Philippines 21<br />
3.1 <strong>BPLS</strong> Initiatives Between 2001–2010 21<br />
3.2 <strong>BPLS</strong> Initiatives Since 2010 26<br />
3.3 Lessons Learned 29<br />
4. Accelerating <strong>BPLS</strong> <strong>Reform</strong>s 33<br />
4.1 Challenges 33<br />
4.2 Next Steps 35<br />
References 39<br />
Appendix A. <strong>BPLS</strong> Unified Form<br />
Appendix B. Assessing Business Processes<br />
Appendix C. Milestones in the <strong>BPLS</strong> <strong>Reform</strong>s <strong>Program</strong>
IV<br />
Illustrations<br />
Figures<br />
Figure 2-1. Macro-View of <strong>BPLS</strong> Processes 9<br />
Figure 2-2. <strong>BPLS</strong> Streamlining <strong>Program</strong> Coverage by LGU Level 16<br />
Figure 2-3. Institutional Support for <strong>BPLS</strong> <strong>Reform</strong>s 18<br />
Tables<br />
Table 1-1. Philippine Ranking in Global Competitiveness Surveys, 2006-2012 2<br />
Table 1-2. Global Competitiveness Rankings of ASEAN Nations, 2011 2<br />
Table 1-3. Ease of Doing Business for Select ASEAN Countries, 2010-2011 3<br />
Table 1-4. Comparison of Philippine Cities in Processing Business Start-Ups 4<br />
Table 1-5. Top Three Ranked Cities in the PCCRP, 2009 6<br />
Table 2-1. Regional Allocation of Cities and Municipalities in the <strong>BPLS</strong> <strong>Program</strong> 16<br />
Table 3-1. <strong>BPLS</strong> Implementation in Central Luzon 22<br />
Table 3-2. <strong>BPLS</strong> Pilot Areas in the Visayas 24<br />
Table 3-3. Status of <strong>BPLS</strong> Streamlining in Targeted LGUs by Region, July 2011 27<br />
Table 3-4. Summary of <strong>BPLS</strong> Accomplishments in Butuan and Cagayan de Oro 28<br />
Table 3-5. Summary of Official Development Assistance to <strong>BPLS</strong> <strong>Reform</strong>s 30
Acronyms<br />
AECID Agencia Española de Cooperación Internacional para el Desarrollo (Spanish<br />
Agency for International Development Cooperation)<br />
APC Asian Institute of Management Policy <strong>Center</strong><br />
ARTA Anti-Red Tape Act<br />
ASEAN Association of Southeast Asian Nations<br />
BFP Bureau of Fire Protection<br />
<strong>BPLS</strong> Business Permitting and Licensing System<br />
BOSS Business One-Stop Shop<br />
BPLO Business Permitting and Licensing Office<br />
CDA Cooperative Development Authority<br />
CESO Career Executive Service Board<br />
CLIPC Central Luzon Investment Promotion <strong>Center</strong><br />
CLICC Central Luzon Investment Coordinating Council<br />
CLGCFI Central Luzon Growth Corridor Foundation Inc.<br />
CICT Commission on Information and Communication Technology<br />
CSC Civil Service Commission<br />
CSOs Civil Society Organizations<br />
DBS Doing Business Survey<br />
DILG Department of the Interior and Local Government<br />
DLG Working Group on Decentralization and Local Government<br />
DP Decentralization Project<br />
DTI Department of Trade and Industry<br />
e<strong>BPLS</strong> Electronic Business Permitting and Licensing System<br />
eGov4MD Electronic Governance for Municipal Development<br />
FSIC Fire Safety Inspection Certificate<br />
GCI Global Competitiveness Index<br />
GCY Global Competitiveness Yearbook<br />
GIC Working Group on Growth and Investment Climate<br />
GIZ Deutsche Gesellschaft für Internationale Zusammenarbeit (German Technical<br />
Cooperation Agency)<br />
IEC Information, Education and Communication<br />
IFC International Finance Corporation<br />
ISO International Organization for Standardization<br />
IMD International Institute if Management Development<br />
JMC 2009 Joint Memorandum Circular No. 01 Series of 2009<br />
JMC 2010 Joint Memorandum Circular No. 01 Series of 2010
VI<br />
JDAO Joint Department Administrative Order<br />
LCE Local Chief Executive<br />
LCP League of Cities of the Philippines<br />
LGA Local Government Academy<br />
LGU Local Government Unit<br />
LINC-EG Local Implementation of <strong>National</strong> Competitiveness for Economic Growth<br />
LIR Local Investment <strong>Reform</strong><br />
LMP League of Municipalities of the Philippines<br />
LRED Local Regional Economic Development<br />
MAP Management Association of the Philippines<br />
MDC Mayor’s Development <strong>Center</strong><br />
MOA Memorandum of Agreement<br />
MOC Memorandum of Commitment<br />
NCR <strong>National</strong> Capital Region<br />
NEDA <strong>National</strong> Economic Development Authority<br />
NERBAC <strong>National</strong> Economic Research and Business <strong>Center</strong><br />
NGA <strong>National</strong> Government Agencies<br />
NCC1 <strong>National</strong> Competitiveness Council<br />
NCC2 <strong>National</strong> <strong>Computer</strong> <strong>Center</strong><br />
MCC Millennium Challenge Corporation<br />
PCCI Philippine Chamber of Commerce and Industry<br />
PCCRP Philippine Competitiveness Ranking Project<br />
PDF Philippine Development Forum<br />
PhilHealth Philippine Health Insurance Corporation.<br />
PBR Philippine Business Registry<br />
PSP Private Sector Promotion<br />
RSP Regulatory Simplification Project<br />
SEC Securities and Exchange Commission<br />
SBRP Simplified Business Registration Process<br />
SNDB Sub-<strong>National</strong> Doing Business<br />
SSS Social Security System<br />
TAG Transparency Accountable Governance<br />
TOT Training of Trainers<br />
TWG Technical Working Groups<br />
USAID United States Agency for International Development<br />
WEF World Economic Forum
Acknowledgements<br />
Managed for USAID/Philippines by Nathan Associates Inc., LINC-EG—Local Implementation<br />
of <strong>National</strong> Competitiveness for Economic Growth—is a three-year project that began in 2008.<br />
LINC-EG assists policymakers in improving the environment for private enterprise to establish,<br />
grow, create jobs, and help reduce poverty.<br />
This guide was developed under the LINC-EG Project to assist the Philippine government in<br />
improving subnational systems for business permitting and licensing (<strong>BPLS</strong>). It is intended as a<br />
reference document for national and local governments and builds on the work of the Philippine<br />
government and other development partners, noting some past achievements. More significantly,<br />
the guide explains recent policy developments that provide for the cross-departmental, legal and<br />
institutional basis for <strong>BPLS</strong> reform and how these can help to support and fast track further<br />
improvements in the interface between government and business.<br />
Consultant Lucy Lazo conducted extensive research and writing, Ofie Templo provided<br />
administrative oversight of the information gathering stage, Alid Camara and Mikela Trigilio of<br />
Nathan Associates provided additional analysis and editing of the report. Executive Director<br />
Marivel Sacendoncillo and the staff of the Local Government Academy, an arm of the<br />
Department of the Interior and Local Government, were particularly supportive with their time<br />
and advice on what to include in this document.
1. Global Competitiveness and<br />
<strong>BPLS</strong> Streamlining<br />
1.1 COMPETITIVENESS DEFINED<br />
Competitiveness encompasses the institutions, policies, and other factors that determine a<br />
country’s level of productivity (World Economic Forum 2010). The level of productivity, in turn,<br />
determines the level of prosperity that a country can sustain. Thus, competitive countries tend to<br />
produce higher incomes for their citizens. Productivity also determines an economy’s rate of<br />
return on investments. Because investments—physical, human, and technological—are<br />
fundamental drivers of economic growth, a competitive economy is one that is likely to grow<br />
faster in the medium to long term.<br />
Institutions have a strong bearing on competitiveness and growth because they influence<br />
investment decisions and the organization of production. 1 Of relevance in this report is the<br />
institutional aspect of operations efficiency as manifested in excessive bureaucracy and red tape<br />
involved in the granting of business permits.<br />
1.2 GLOBAL SURVEYS ON COMPETITIVENESS<br />
Since 2008 the Philippines has been falling in the ranks of annual competitiveness surveys, a fact<br />
that has given impetus to efforts to streamline business permitting and licensing systems in the<br />
country. The three main surveys that measure competitiveness across countries are<br />
• The Global Competitiveness Index (GCI) published by the World Economic Forum<br />
(WEF),<br />
• The Doing Business Survey (DBS) of the World Bank (WB) and the International<br />
Finance Corporation (IFC), and<br />
• The Global Competitiveness Yearbook (GCY) of the International Institute of<br />
Management Development (IMD).<br />
Published annually since 2005, the GCI has about 111 indicators covering 12 categories of the<br />
microeconomic and macroeconomic foundations of national competitiveness. The DBS analyzes<br />
regulations that apply to domestic small and medium-size companies using sets of 11 indicators.<br />
1 Institutions are one of the 12 pillars of competitiveness in the Global Competitiveness Report 2010-2011<br />
(World Economic Forum 2010).
2 <strong>BPLS</strong> R EFORM P ROGRAM G UIDE<br />
In 2011 the DBS covered 183 economies. The GCY has 331 criteria in 5 economic areas and<br />
covered 59 countries in 2011.<br />
The Philippines has always ranked in the bottom third of countries covered in these surveys<br />
(Table 1-1). From 2008 to 2011, the country's rank deteriorated across the board, although the<br />
GCI for 2011-2012 reported a 10 point improvement for the Philippines. According to the GCI<br />
the Philippines is weakest in indicators for corruption, bureaucracy, infrastructure efficiency, and<br />
policy stability. The GCY cites weakness in international investment, infrastructure, and<br />
education; and DBS calls for improvement in starting a business, dealing with construction<br />
permits, and protecting investors.<br />
Table 1-1<br />
Philippine Ranking in Global Competitiveness Surveys, 2006-2012<br />
Survey 2006 2007 2008 2009 2010 2011 2012<br />
GCI 71<br />
(125)<br />
75<br />
(122)<br />
71<br />
(131)<br />
GCY 42 45 40 43 39 41 -<br />
DBS 121<br />
(175)<br />
126<br />
(175)<br />
133<br />
(178)<br />
71<br />
(134)<br />
141<br />
(181)<br />
SOURCES: Compiled from the Global Competitiveness Reports, 2006-2011, IIMD and DB surveys.<br />
In gauging its competitiveness, the Philippines must benchmark itself against developing<br />
economies and its Association of Southeast Asian Nations (ASEAN) neighbors who are all vying<br />
for foreign investment. Unfortunately, the Philippines is lagging behind its ASEAN neighbors in<br />
competitiveness surveys, even against newcomer Vietnam (Table 1-2). In the 2011 DBS, the<br />
Philippines and Thailand were the only ASEAN countries to decline in the rankings. Malaysia,<br />
Indonesia, and Vietnam all recorded improvements, with Vietnam outperforming all others with a<br />
jump from 93 in 2010 to 78 in 2011. The Philippines dropped four places from the previous year.<br />
Table 1-2<br />
Global Competitiveness Rankings of ASEAN Nations, 2011<br />
Survey Malaysia Thailand Indonesia Vietnam Philippines<br />
GCI, 2011-2012 21 39 46 65 75<br />
GCY, 2011 10 26 35 - 39<br />
DBS, 2011 21 19 121 78 148<br />
SOURCES: Compiled from WEF, IMD and DB survey 2011 Reports.<br />
How the Philippines performs in comparison with its ASEAN neighbors in starting a business,<br />
dealing with construction permits, and registering a property is shown in Table 1-3. The gap in<br />
rank between the Philippines and the other ASEAN countries is widest in dealing with<br />
construction permits and in registering property, where Thailand has so far been trailing only<br />
Singapore, which is the best performer in the region. The number of procedures followed in the<br />
Philippines is generally more than in its neighbors and the cost of securing the permit is higher.<br />
87<br />
(133)<br />
144<br />
(183)<br />
85<br />
(139)<br />
148<br />
(183)<br />
75<br />
(142)<br />
-
G LOBAL C OMPETITIVENESS AND <strong>BPLS</strong> STREAMLINING 3<br />
The country’s cumbersome process for business start up has proven to be a strong disincentive for<br />
entrepreneurs. Reducing the number of procedures will shorten processing time. Hence, to move<br />
closer to the ranking of its ASEAN neighbors, the Philippines must prioritize these two areas for<br />
reform. Using ASEAN as a benchmark is vital as it raises the bar for improving the Philippines’<br />
competitiveness.<br />
Table 1-3<br />
Ease of Doing Business for Select ASEAN Countries, 2010-2011<br />
Criteria Singapore Thailand Malaysia Vietnam Indonesia Philippines<br />
Ease of Doing Business (rank) 1 19 21 78 121 148<br />
1. Starting a business (rank) 4 95 113 100 155 156<br />
a. Procedures (number) 3 7 9 9 9 15<br />
b. Time (days) 3 32 17 44 47 38<br />
c. Cost (% of income per capita) 0.7 5.6 17.5 12.1 22.3 30.3<br />
d. Minimum Capital (% of Income) 0 0 0 0 53.1 6.0<br />
2. Dealing w/ construction permits<br />
(rank)<br />
SOURCE: Doing Business Survey, 2011,<br />
2 12 108 62 60 156<br />
One caveat about these surveys is that they are based on a combination of statistics and<br />
perception surveys that sometimes leads to puzzling results. On some indicators, the Philippines<br />
ends up ranking lower than we would like to believe. This tells us that perception (and<br />
communication to correct any misperception) is an element that does not receive enough attention<br />
(Luz 2011).<br />
1.3 NATIONAL SURVEYS ON COMPETITIVENESS<br />
Global surveys may be a good indicator of a country’s competitiveness, but many reforms critical<br />
to generating investment are needed at the sub-national level. This is especially so in the<br />
Philippines which has been decentralizing since 1991. The microeconomic foundation of<br />
competitiveness pertains not only to sectors but also to geographical development. Hence, the<br />
desire to improve competitiveness spurred the conduct of two city-level competitiveness surveys<br />
in 2011: the IFC’s Sub-<strong>National</strong> Doing Business Survey (SNDB) and the Philippine Cities<br />
Competitiveness Ranking Project (PCCRP). The Asian Institute of Management Policy <strong>Center</strong><br />
(APC) conducted both surveys.<br />
Sub-<strong>National</strong> Doing Business Survey<br />
Conducted in 2011 with support from USAID’s through the Local Implementation of <strong>National</strong><br />
Competitiveness for Economic Growth (LINC-EG) project, the SNDB is based on the DBS but<br />
covers only 3 of the 11 areas of business regulation that pertain to municipal and city<br />
governments, and where local differences exist (i.e., starting a business, dealing with construction<br />
permits, and registering property).
4 <strong>BPLS</strong> R EFORM P ROGRAM G UIDE<br />
According to the 2011 SNDB, a business applicant has to follow 15 to 22 steps to start a business<br />
in major cities, with Cebu City and Manila requiring the least number of steps (Table 1-4). The<br />
average number of steps in East Asia and the Pacific is 7.8, while the average number in member<br />
countries of the Organisation for Economic Co-operation and Development (OECD) is 5.6. 2 On<br />
average it takes 30 days to process applications in the Philippines but only 13.8 days in OECD<br />
countries. And, on average, the Philippines has only two fewer procedures than Equatorial<br />
Guinea, the country with the most procedures among the 183 countries surveyed (DGB 2011).<br />
Certainly this is not a salutary situation for the Philippines.<br />
Table 1-4<br />
Comparison of Philippine Cities in Processing Business Start-Ups<br />
Too many requirements to start a business<br />
SOURCE: Doing Business 2011: Making a Difference for Entrepreneurs.<br />
Financial & Private Sector Development<br />
2 The OECD has 34 member countries, mostly advanced economies with some emerging countries like<br />
Mexico, Chile and Turkey.
G LOBAL C OMPETITIVENESS AND <strong>BPLS</strong> STREAMLINING 5<br />
Local requirements for some cities add to the time it takes to start a business. Examples of these<br />
requirements include the notarization of the business permit applications and securing of<br />
environmental permits and location clearances. Some cities require the verification of real<br />
property tax payments (e.g., Cagayan de Oro, Lapu-Lapu and Mandaue), while others require a<br />
stamp of approval for the Certificate of Occupancy (i.e., Muntinlupa), or police clearance as in<br />
Zamboanga.<br />
In addition to local requirements, firms have to meet the requirements of <strong>National</strong> Government<br />
Agencies (NGAs). The <strong>National</strong> Internal Revenue Code and Bureau of Internal Revenue (BIR)<br />
require entrepreneurs to buy special accounting books, obtain authorization to print receipts, and<br />
have the printed receipts stamped by the BIR (Doing Business Philippines 2011).<br />
Philippine Cities Competitiveness Ranking Project<br />
Conducted by the APC since 1999, the Philippine Cities Competitiveness Ranking Project<br />
(PCCRP) is based on the IMD’s World Competitiveness Yearbook (WCY) and uses Michael<br />
Porter’s diamond theory as framework. The indicators used in the project are government<br />
efficiency, economic performance, business efficiency, and infrastructure. The 2009 PCCRP<br />
covered six competitiveness drivers, weighted as follows:<br />
1. Dynamism of the local economy (20 percent)<br />
2. Cost of doing business (15 percent)<br />
3. Infrastructure (17.5 percent)<br />
4. Responsiveness of the LGU to business needs (20 percent)<br />
5. Human resources and training (10 percent)<br />
6. Quality of life (17.5 percent).<br />
The 2011 PCCRP was supported by the German Agency for International Cooperation (GIZ) 3 ,<br />
USAID’s LINC-EG (APC 2009, 11-16) and other partners. It covers 29 cities categorized into the<br />
three groups on the basis of level of development: emergent cities, growth centers, and<br />
metropolitan growth centers. 4 Table 1-5 presents the top three cities in these categories. In the<br />
overall standings, Cebu City, Cagayan de Oro, Dagupan City ranked the highest in their<br />
respective categories.<br />
In the PCCRP, the complexity of business registration is reflected in the criterion of<br />
“responsiveness of city government to business needs,” which has a weight of 20 percent. There<br />
are five subcategories under this criterion, one of which pertains to the “degree of ease of doing<br />
business,” which is measured by (1) the length of time to renew business permits and (2) rating of<br />
the process and procedures for renewing business permits. The former is based on hard data while<br />
the latter is based on perception. By this criterion, the cities that ranked the highest were Davao,<br />
Bacolod, and Tacloban.<br />
3 Formerly the German Agency for Technical Cooperation (GTZ).<br />
4 Levels of development were measured on the basis of population and income (excluding internal revenue<br />
allotment).
6 <strong>BPLS</strong> R EFORM P ROGRAM G UIDE<br />
Table 1-5<br />
Top Three Ranked Cities in the PCCRP, 2009<br />
City<br />
Overall<br />
Rank<br />
Dynamism<br />
of Local<br />
Economy<br />
(20%)<br />
Cost of<br />
Doing<br />
Business<br />
(15%)<br />
Ranking according to PPCRP Criteria<br />
Infrastructure<br />
(17.5%)<br />
Human<br />
Resources<br />
Training<br />
(10%)<br />
M ETROPOLITAN G ROWTH C ENTERS<br />
LGU<br />
Responsiveness<br />
(20%)<br />
Cebu 1 1 2 1 1 2 2<br />
Davao 2 2 1 2 2 1 1<br />
G ROWTH C ENTERS<br />
Cagayan de Oro 1 1 3 2 3 3 3<br />
Bacolod 2 5 6 7 3 1 2<br />
Zamboanga 3 7 1 4 3 6 5<br />
E MERGENT C ITIES<br />
Dagupan 1 7 5 1 11 2 5<br />
Tacloban 2 8 13 10 1 1 5<br />
San Fernando 3 9 2 3 6 3 1<br />
SOURCE: AIM. 2010 Cities and enterprises, Competitiveness and Growth: Philippine Cities Competitiveness Ranking 2009.<br />
Quality<br />
of Life<br />
(17.5%)<br />
1.4 AWARDS AND INCENTIVES<br />
Awards are given to motivate local governments to make the reforms necessary to attract<br />
investment. The Philippine Chamber of Commerce and Industry (PCCI) sponsors the annual<br />
Most Business-Friendly Local Government Units (LGUs) Award, which complements the<br />
national government initiative to benchmark outstanding reforms in governance that promote<br />
local trade and investment and ensure accountability, transparency, and efficiency in public<br />
service. There are two levels of award. Level One covers all highly urbanized cities and higher<br />
income LGUs (1 st to 3 rd class), while Level Two includes lower income LGUs (4 th to 6 th class). In<br />
2010 winners were selected on the basis of self-assessment reports and interviews conducted by a<br />
distinguished panel of judges chaired by former Senator Aquilino Pimentel Jr. Winners received a<br />
certificate of donation for one school building from officers of the Federation of Filipino-Chinese<br />
Chamber of Commerce and Industry, Inc.<br />
In the 36th Philippine Business Conference in 2010, five LGUs received awards for being<br />
business-friendly:<br />
1. City of San Fernando, Pampanga (city level 1)<br />
2. Candon City, Ilocos Sur (city level 2)<br />
3. Municipality of Carmona, Cavite (municipal level 1)<br />
4. Municipality of Guimbal, Iloilo ( municipal level 2)<br />
5. Leyte for (province level 1).<br />
Six LGUs received special citations for outstanding efforts in each of the award criteria:<br />
1. La Union Province - trade, tourism and investment promotions
G LOBAL C OMPETITIVENESS AND <strong>BPLS</strong> STREAMLINING 7<br />
2. Talavera, Nueva Ecija - quality customer service<br />
3. San Nicolas, Ilocos Norte - public-private sector partnership<br />
4. Tarlac - micro, small, and medium enterprise development<br />
5. Olongapo - investment promotions<br />
6. Pangasinan - quality management and systems innovation.<br />
Another incentive is the EXCELL Awards, a project of Department of the Interior and Local<br />
Government (DILG) Region 6 to recognize the best managed local governments in the region.<br />
Awardees follow best practices and demonstrate achievements and innovations in governance,<br />
administration, social services, economic development, environmental management, and local<br />
legislation. The project also aims to advocate for transparency and accountability in governance,<br />
reinforce good performance, popularize replicable best practices, and identify interventions to<br />
improve LGU performance. Each major awardee receives P50,000 and special awardees each<br />
receive P10,000.<br />
The 2010 awardees were as follows:<br />
1. Negros Occidental—best performing province and all special awards in the provincial<br />
category<br />
2. San Carlos City—Negros Occidental best performing city and excellence in<br />
environmental management, economic development, social services<br />
3. Oton, Iloilo—best performing 1st to 3rd class municipality and excellence in local<br />
legislation<br />
4. Anilao, Iloilo—best performing 4th to 6th class municipality and excellence in local<br />
legislation, administrative governance, social services.<br />
Special awardees were as follows:<br />
1. Bacolod City and Kabankalan City—excellence in local legislation (city category)<br />
2. San Jose de Buenavista, Antique and Iloilo City—excellence in administrative<br />
governance for 1st to 3rd class municipalities and cities, respectively<br />
3. Miagao, Iloilo—excellence in social services 1st to 3rd class municipalities<br />
4. Miagao, Iloilo and Guimbal, Iloilo —excellence in economic development for 1st to 3rd<br />
class and 4th to 6th class municipalities, respectively<br />
5. Panay, Capiz and Guimbal, Iloilo—excellence in environmental management for 1st to<br />
3rd class and 4th to 6th class municipalities, respectively.
2. Understanding <strong>BPLS</strong><br />
<strong>Reform</strong>s<br />
2.1 WHAT IS <strong>BPLS</strong> STREAMLINING?<br />
Streamlining the business permitting and licensing system (<strong>BPLS</strong>) means implementing<br />
systematic and purposeful interventions to ease business start-up (e.g., simplifying registration<br />
process by reducing the number of steps and procedures and reducing processing times and cost).<br />
Streamlining can accelerate revenue mobilization, improve expenditure management, and<br />
increase access to finance for better service delivery and growth promotion.<br />
As shown in Figure 2-1, complying with the requirements of NGAs directly affects LGU<br />
processes. Such requirements include approval of business name registration by the Department<br />
of Trade and Industry (DTI) for single proprietorships, by the Securities and Exchange<br />
Corporation (SEC) for corporations, and by the Cooperative Development Authority (CDA) for<br />
cooperatives. During the renewal period, applicants must also obtain certifications from social<br />
security agencies. Streamlining must therefore happen at the national as well as the local level.<br />
However, for the purposes of this paper, we will focus on local <strong>BPLS</strong> reforms.<br />
Figure 2-1<br />
Macro-View of <strong>BPLS</strong> Processes<br />
NGA<br />
DTI, SEC, CDA<br />
Business name,<br />
BIR registration<br />
LGU<br />
BPLO<br />
Taxes,<br />
Clearances,<br />
Fees,<br />
Mayor’s Permit<br />
NGA<br />
SSS, PHILHEALTH<br />
Registration for<br />
medical insurance<br />
and social security
10 <strong>BPLS</strong> R EFORM P ROGRAM G UIDE<br />
2.2 LEGAL BASIS FOR <strong>BPLS</strong> REFORMS<br />
The policy platform for <strong>BPLS</strong> streamlining dates back to the 1990s. Republic Act 7470, signed in<br />
1992, created the <strong>National</strong> Economic Research and Business Assistance <strong>Center</strong> (NERBAC),<br />
which was envisioned as a center to “facilitate the processing of all government requirements<br />
necessary for the establishment of a business.” This directive was the basis for organizing<br />
NERBACs as registration centers that help applicants meet requirements for business start-ups.<br />
The momentum for <strong>BPLS</strong> reforms started in earnest during the term of then-President<br />
Macapagal-Arroyo. In her first State of the Nation Address in 2001, she directed national<br />
government agencies to reduce red tape by cutting in half the number of signatures required for<br />
their services. For LGUs, her message was “to streamline their operations, slash red tape. There<br />
must be continuity between the national and local governments in their efforts to be investorfriendly.”<br />
DTI Region 3 took this directive seriously and began streamlining business registration<br />
procedures (see <strong>BPLS</strong> Initiatives Between 2001–2010 ). Two years later, on September 15, 2003,<br />
Memorandum Order No. 117 was issued. It mandated local authorities to simplify and rationalize<br />
their civil application systems and for the Secretaries of DILG and DTI to facilitate the<br />
streamlining of procedures for permits and licenses, particularly business permits, building<br />
permits, certificates of occupancy, and other clearances.<br />
But the legal basis for the current <strong>BPLS</strong> reform program is RA 9485 or the Anti-Red Tape Act<br />
(ARTA) of 2007. In compliance with the Philippine Constitution provision that calls for<br />
simplifying government services, ARTA requires government instrumentalities and LGUs to<br />
deliver public services efficiently by reducing red tape. It identifies five aspects of service to be<br />
simplified: (1) steps in providing the service, (2) forms used, (3) requirements, (4) processing<br />
time, and (5) fees and charges. It also limits the number of signatories to five per request,<br />
application, or transaction and provides legal sanctions for noncompliance with the standards.<br />
Since the passage of ARTA, there have been a number of government policy issuances on <strong>BPLS</strong><br />
reforms. Joint Memorandum Circular No. 01 Series of 2009 (JMC 2009) was signed on February<br />
18, 2010 by the DILG, DTI, the Department of Public Works and Highways, the Social Security<br />
System and the mayors of the <strong>National</strong> Capital Region (NCR). It requires “all LGUs to undertake<br />
a reengineering of their transaction systems, including time and motion studies, and mandates<br />
each LGU to prepare a Citizen’s Charter which will contain their respective service standards.”<br />
The JMC was the first attempt to standardize registration procedures at the NCR for new business<br />
applications. Its recommendations were formulated by a Technical Working Group organized by<br />
the League of Cities of the Philippines (LCP) consisting of the Business Permits and Licensing<br />
Officers (BPLOs) of the NCR. This circular was superseded by two policies signed on August 6,<br />
2010:<br />
• The DTI-DILG Joint Memorandum Circular No. 1, series of 2010 on the “<strong>Guide</strong>lines in<br />
Implementing the Standards in Processing Business Permits and Licenses in All Cities<br />
and Municipalities” (JMC 2010).<br />
• The Joint DTI-DILG Department Administrative Order No. 1, series of 2010 on the<br />
“<strong>Guide</strong>lines in Implementing the Nationwide Upscaling of <strong>Reform</strong>s in Processing<br />
Business Permits and Licenses in all Cities and Municipalities in the Philippines<br />
(JDAO).”
U NDERSTANDING <strong>BPLS</strong> R E FORMS 11<br />
The first circular is a landmark directive that sets standards for processing new applications and<br />
renewals consistent with ARTA. To ensure implementation of these standards, the second circular<br />
defines institutional support for the reforms by specifying the roles of DTI and DILG. It also<br />
organizes national and local committees to oversee the reform process.<br />
On January 31, 2011, the DILG issued a supplementary memorandum to further streamline<br />
<strong>BPLS</strong>. Memorandum Circular No. 2011-15 reiterates the basis for setting business fees and the<br />
issuance of conditional business permits in cases where the only lacking requirements are those of<br />
the social security agencies.<br />
2.3 THE GOVERNMENT <strong>BPLS</strong> PROGRAM<br />
<strong>BPLS</strong> streamlining as a government program began in 2009 when the DILG and DTI convened<br />
two working groups under the Philippine Development Forum (PDF): the working group on<br />
decentralization and local government (DLG) and the working group on growth and investment<br />
climate (GIC). Initially, the program was to streamline <strong>BPLS</strong> in as many LGUs as possible. But<br />
to do this the program had to<br />
• Set service standards for <strong>BPLS</strong> that LGUs can follow,<br />
• Develop and implement capacity building programs for LGUs as they streamline their<br />
business registration systems,<br />
• Organize government departments at the regional level to work with LGUs in<br />
implementing the <strong>BPLS</strong> reforms, and<br />
• Harmonize development partners’ reform initiatives on <strong>BPLS</strong> streamlining.<br />
This project laid the groundwork for scaling up reforms in 2010. When the new administration<br />
took over in 2010, no less than President Benigno Aquino III called on LGUs to “look for more<br />
ways to streamline our processes to make business start-ups easier.” Responding to this call, the<br />
DTI and the DILG scaled up the program and launched the Nationwide Streamlining of Business<br />
Permits and Licensing Systems (<strong>BPLS</strong>) <strong>Program</strong> on August 6, 2010, with the signing of the JMC<br />
2010. Hence, <strong>BPLS</strong> streamlining is associated with compliance with the service standards set in<br />
the JMC for processing business registration applications.<br />
<strong>Program</strong> Components<br />
The government’s <strong>BPLS</strong> program has five components, which are described below.<br />
Component 0: Mobilizing Champions for the <strong>BPLS</strong> <strong>Reform</strong> Process<br />
Implementing reforms requires securing the support of various sectors of society, namely:<br />
• Local chief executives. As reform implementers, it is important that LCEs act as local<br />
champions and provide financial and manpower support for the program.<br />
• LGU leagues. <strong>BPLS</strong> reforms involve cities and municipalities that issue the Mayor’s<br />
permits. Support from the League of Cities of the Philippines (LCP) and the League of<br />
Municipalities of the Philippines (LMP) is needed to encourage their respective members<br />
to participate in the program. These leagues can also provide capacity building support to
12 <strong>BPLS</strong> R EFORM P ROGRAM G UIDE<br />
members as the LMP did through its Electronic Governance for Municipal Development<br />
(eGov4MD) project.<br />
• Private sector. <strong>National</strong> and local businesses, academia, and civil society organizations<br />
are important contributors to reform processes. As major beneficiaries of reforms, private<br />
business groups will be encouraged to monitor the progress of the program and<br />
participate as service providers to assist LGUs in the reform process.<br />
• Concerned NGAs and their regional offices. The <strong>BPLS</strong> process involves securing permits<br />
from NGAs, so it is important that these agencies streamline their own processes, provide<br />
manpower support to LGUs’ business one-stop shops (BOSS), and provide coaching<br />
assistance to LGUs during the reform process.<br />
• Development partners. Support is needed from development partners to scale up the<br />
<strong>BPLS</strong> reforms and conduct studies for the next wave of process streamlining.<br />
Component 1: Simplification and Standardization of the <strong>BPLS</strong> Process<br />
Using the ARTA as a framework, <strong>BPLS</strong> streamlining starts with process re-engineering that will<br />
enable LGUs to meet four service standards in processing registration applications: (1) use one<br />
application form; (2) limit the number of signatories; (3) reduce the number of steps; and (4)<br />
speed up processing time (see Performance Standards for a more detailed discussion of<br />
standards).<br />
Component 2: <strong>Computer</strong>ization of the <strong>BPLS</strong> Process<br />
Efficient re-engineering requires some form of computerization. Government is encouraging<br />
LGUs to use information technology in streamlining <strong>BPLS</strong>. Existing <strong>BPLS</strong> software includes<br />
programs widely promoted by government (e.g., e-<strong>BPLS</strong> by the <strong>National</strong> <strong>Computer</strong> <strong>Center</strong><br />
(NCC2). With the new <strong>BPLS</strong> standards in place, government intends to redevelop e-<strong>BPLS</strong> and<br />
will review <strong>BPLS</strong> software now in the market. The objective is to assist LGUs in choosing<br />
appropriate IT solutions for streamlined <strong>BPLS</strong> processes. The NCC2 is taking the lead in this<br />
component.<br />
Component 3: Institutionalization of <strong>BPLS</strong> <strong>Reform</strong>s<br />
To ensure the sustainability of <strong>BPLS</strong> reforms, legal instruments such as local regulations should<br />
be issued to support the streamlined processes. Otherwise, every change in administration will<br />
lead to a return to old practices. The government will therefore assist in (1) setting up a<br />
monitoring and evaluation system at the LGU and at the regional and the national offices of DTI<br />
and DILG; (2) organizing local business chambers and civil society organizations for process<br />
improvements and monitoring; (3) enjoining LGUs to work for International Organization for<br />
Standardization (ISO) certification of their <strong>BPLS</strong>; and (4) developing incentive systems to<br />
promote best practices.<br />
Component 4: Improvements in Customer Relations<br />
The <strong>BPLS</strong> program also addresses complaints of poor service in the permitting process. Hence,<br />
after the LGUs have completed process re-engineering, they are encouraged to keep improving<br />
how they deal with the public. This entails complying with consumer protection laws, such as the<br />
Anti-Fixing Act; setting up a complaints desk; and implementing the Citizens’ Charter. Other
U NDERSTANDING <strong>BPLS</strong> R E FORMS 13<br />
areas of reform that can lead to a more customer-friendly <strong>BPLS</strong> include establishing Business<br />
One-Stop Shops (BOSS); conducting information, education, and communication campaigns; and<br />
training LGU staff in customer relations.<br />
Performance Standards<br />
The most significant policy pronouncement in this decade on <strong>BPLS</strong> reform may well be JMC<br />
2010 because it established the service standards against which LGU performance in <strong>BPLS</strong><br />
reforms can be measured. JMC 2010 stipulates four performance standards for business<br />
registration: (1) use of a unified registration form, (2) limit on the number of steps that an<br />
applicant must take in applying for a permit, (3) limit on the processing time, and (4) limit on the<br />
number of signatories.<br />
Unified Business Registration Form<br />
An LGU must issue the Unified Business Registration Form (see Appendix A. <strong>BPLS</strong> Unified<br />
Form). That form contains all information and approvals needed for registration and facilitates<br />
exchange of information among LGUs and NGAs. In the past, every department in the LGU<br />
required applicants to fill out separate forms. The unified form was developed by a technical<br />
working group organized by the LCP. It is based on the form used by the Philippine Business<br />
Registry (PBR), a project of the DTI that aims to centralize data from NGAs involved in business<br />
registration (e.g., DTI, BIR, Securities and Exchange Commission, and the social security<br />
agencies).<br />
Standard Steps<br />
JMC 2010 enjoins cities and municipalities to ensure that applicants follow five steps in securing<br />
a mayor’s permit, whether for new applications or for business renewals:<br />
1. Get an application form from the city or municipality.<br />
2. File or submit the filled in form with required documents attached.<br />
3. Undergo one-time assessment of taxes, fees, and charges.<br />
4. Make one-time payment of taxes, fees, and charges.<br />
5. Secure the mayor’s permit.<br />
To be able to comply with these standard steps, JMC 2010 also recommends that LGUs adopt the<br />
following measures:<br />
• Conduct inspections in accordance with zoning and environment ordinances and<br />
building and fire safety, and health and sanitation regulations, which have been<br />
undertaken during the construction stage, within the year since issuance of the business<br />
permit.<br />
• Organize joint inspection teams (JIT) composed of the BPLO, the city/municipal<br />
engineer, the city/municipal health officer or representative, the city/municipal planning<br />
officer or designated zoning officer, the city/municipal environment and natural resources<br />
officer or representative, the city/municipal treasurer, and the city/municipal fire marshal.
14 <strong>BPLS</strong> R EFORM P ROGRAM G UIDE<br />
• Forge a memorandum of agreement between the Bureau of Fire Protection (BFP) and the<br />
city/municipality, as necessary, to implement streamlined procedures for assessing and<br />
paying fire safety inspection fees that will enable the LGUs to implement the steps above.<br />
In addition, DILG Memorandum Circular No. 2011-15 encourages LGUs to issue a conditional<br />
permit to a business in cases where the “only lacking clearances are those of the SSS, Phil Health<br />
and PAG-IBIG, conditional upon the submission of the clearances after one month and the<br />
revocation or non-renewal of a business permit for failure to do so."<br />
Standard Processing Time<br />
Consistent with ARTA, cities and municipalities are enjoined to comply with prescribed times for<br />
processing and releasing business registrations:<br />
• Process and release new business permits in 10 days. LGUs are encouraged to strive for<br />
5 days or less, which is the average processing time in LGUs with streamlined <strong>BPLS</strong>.<br />
This processing is classified as a complex transaction following ARTA.<br />
• Process and release business renewals in 5 days. LGUs are encouraged to strive for one<br />
day or less, which has been achieved in many LGUs that have streamlined their <strong>BPLS</strong>.<br />
This processing is classified as a simple transaction.<br />
Signatories<br />
Cities and municipalities shall follow the prescribed number of signatories required in processing<br />
new business applications and business renewals based on the provisions of the ARTA, which<br />
limits the number of signatures in any document to five. However, LGUs are encouraged to<br />
require only two signatories, the Mayor and the Treasurer or the BPLO. To avoid delay in the<br />
release of permits, the Mayor may deputize alternate signatories (e.g., the Municipal or City<br />
Administrator or the BPLO).<br />
Proposed <strong>BPLS</strong> Procedures<br />
DTI and DILG have produced a manual that details the steps that LGUs may follow in<br />
streamlining <strong>BPLS</strong>. These steps include the following:<br />
1. Pre-streamlining Activities. These activities solicit the support of stakeholders and the<br />
commitment of LCEs for the reforms. They consist of conducting orientation workshops<br />
on the reforms, securing the commitment of LCEs to making the reforms, and organizing<br />
technical working groups to make the reforms.<br />
2. Diagnosis. This step is usually taken in “self-assessment" workshops in which the LGU<br />
(1) creates a current <strong>BPLS</strong> flowchart for new registrations and renewals, (2) assesses the<br />
process vis-a-vis the standards set by government, and (3) identifies gaps and strategies<br />
for bridging the gaps.<br />
3. Process Design. This step involves preparing the <strong>BPLS</strong> action or reform plan, which<br />
assigns responsible persons and defines budget requirements for the reforms.<br />
4. Institutionalization. This step ensures that the legal requisites for the reforms (e.g.,<br />
executive orders and ordinances) are prepared and legislated at the local level.
U NDERSTANDING <strong>BPLS</strong> R E FORMS 15<br />
5. Implementation. Implementation starts with preparation of the work plan and financial<br />
plan, and dry-runs of the streamlined process.<br />
6. Sustaining <strong>Reform</strong>s. Ensuring the sustainability of reforms involves setting up a<br />
monitoring system that includes client satisfaction surveys and engages stakeholders,<br />
such as local business chambers and civil society groups, to monitor LGU compliance<br />
with reforms. The more progressive LGUs have sought ISO certification for their <strong>BPLS</strong>.<br />
Target LGUs<br />
While all cities and municipalities are enjoined to streamline their <strong>BPLS</strong>, not all LGUs can be<br />
assisted with streamlining due to limited resources. Hence, it was agreed that the program will<br />
assist only a critical mass of LGUs. An LGU will be included on the basis of<br />
• The number of business establishments in the LGU.<br />
• The LGU’s investment potential, especially in relation to the government’s four priority<br />
sectors of 2009 (i.e., agribusiness, tourism, business process outsourcing and information<br />
technology (BPO-IT), and mining).<br />
• The LGU's being on the list of 120 “sparkplugs” identified by NCC1.<br />
• The LGU's inclusion in the government’s commitments to the Millennium Challenge<br />
Corporation.<br />
• The LGU’s being a recipient of projects in the development community.<br />
LGUs will not be automatically enrolled in the program unless (1) the LCE has expressed<br />
willingness to undertake the reform considering the investments associated with the program; and<br />
(2) there is private sector commitment in the locality to participate in the reform process.<br />
Figure 2-2 lists the coverage of the program according to levels of LGUs. Level 1 refers to the 17<br />
highly urbanized cities/municipalities in the NCR, most of which have streamlined BPLs. Level 2<br />
refers to LGUs with the most business establishments (excluding NCR), those identified by<br />
national government agencies as having good potential for attracting in the four priority sectors,<br />
and those named in the country's commitment to the Millennium Challenge Corporation. Level 3<br />
refers to LGUs not in Levels 1 and 2 but in the 120 "sparkplug” list. Level 4 refers to LGUs with<br />
ODA on <strong>BPLS</strong> streamlining. Level 5 refers to all remaining cities and municipalities.<br />
The government has identified 480 cities and municipalities in the <strong>BPLS</strong> program (Table 2-1).<br />
Originally, government support through capacity building and coaching assistance was limited to<br />
480 LGUs, mostly from Levels 1-3 and some in Level 4, which were expected to be fully<br />
compliant with the BPLs standards by 2014. The program, however, has been fast tracked in<br />
2011, with 2012 targeted as the program completion year.
16 <strong>BPLS</strong> R EFORM P ROGRAM G UIDE<br />
Figure 2-2<br />
<strong>BPLS</strong> Streamlining <strong>Program</strong> Coverage by LGU Level<br />
Level 1<br />
NCR LGUs<br />
(16 Cities, 1<br />
Municipality)<br />
Proposed Coverage of <strong>BPLS</strong> Streamlining<br />
Level 2<br />
High density of<br />
businesses<br />
Sector Priorities in<br />
BPO-IT, Tourism,<br />
Agribusiness &<br />
Mining<br />
LGUs included in<br />
the MCC<br />
commitments<br />
Targeted Assistance<br />
By Government<br />
Level 3<br />
Remaining LGUs<br />
from NCC List of<br />
120 Sparkplug<br />
LGUs not covered<br />
in Levels 1 & 2<br />
Level 4<br />
LGUs with existing<br />
ODA projects<br />
Table 2-1<br />
Regional Allocation of Cities and Municipalities in the <strong>BPLS</strong> <strong>Program</strong><br />
By Enrollment<br />
Level 5<br />
All other LGUs<br />
Region 2010 2011 2012 2013 2014 Total<br />
NCR 1 1<br />
CAR 3 3<br />
1 8 6 14<br />
2 3 2 2 2 9<br />
3 23 26 29 29 23 130<br />
4A 16 25 31 35 35 142<br />
4B 5 4 5 14<br />
5 6 2 1 2 11<br />
6 6 3 3 2 4 18<br />
7 9 17 2 1 29<br />
8 4 4 9 6 8 31<br />
9 4 4 8<br />
10 4 4 4 12<br />
11 7 1 5 5 2 20<br />
12 7 4 12 9 32<br />
13 2 3 1 6<br />
Total 108 103 98 90 81 480
U NDERSTANDING <strong>BPLS</strong> R E FORMS 17<br />
Government Assistance to LGUs<br />
The government identified the following assistance packages to LGUs (outside of NCR) that<br />
would like to streamline their <strong>BPLS</strong>:<br />
• Self-Assessment Workshop. DTI and DILG will join forces to assist LGUs in conducting<br />
a workshop to document and assess their current system in relation to standards and to<br />
propose reforms for presentation to the mayor. Participation will be by enrollment and<br />
expenses will be borne by the LGUs. Appendix B. Assessing Business Processes details<br />
steps for assessing the <strong>BPLS</strong> process of LGUs and preparing a reform action program.<br />
• Technical Assistance Services. The DTI and DILG will organize “coaching” teams from<br />
the government, BPLOs, and the private sector to assist LGUs in implementing their<br />
<strong>BPLS</strong> streamlining plans.<br />
• Automation (<strong>Computer</strong>-Aided) <strong>BPLS</strong>. LGUs interested in automating their <strong>BPLS</strong> will be<br />
assisted in acquiring the e-<strong>BPLS</strong> software and related training. The <strong>National</strong> <strong>Computer</strong><br />
<strong>Center</strong> (NCC2) has drafted guidelines on <strong>BPLS</strong> computerization that will soon be<br />
disseminated to interested LGUs. It is planning to redevelop e-<strong>BPLS</strong> and create a system<br />
of accreditation for private software developers who will be producing <strong>BPLS</strong> solutions<br />
for LGUs.<br />
2.4 INSTITUTIONAL STRUCTURES AND MECHANISMS<br />
As streamlining experiences accumulate, structures that ensure proper and prompt<br />
implementation of reforms will be needed. At the same time, support for reforms from different<br />
stakeholders is critical to the success of the project. This is articulated in Component 0 of the<br />
government program on <strong>BPLS</strong>.<br />
<strong>National</strong> Structures and Mechanisms<br />
Two groups promote reforms in business registration. The <strong>BPLS</strong> Oversight Committee (BOC),<br />
which is co-chaired by DTI and DILG, was organized under the Philippine Development Forum.<br />
The Working Group on Transaction Costs and Flows (TCF) is under the <strong>National</strong><br />
Competitiveness Council (NCC1). Figure 2-3 shows the links between these committees.<br />
<strong>BPLS</strong> Oversight Committee<br />
The BOC is directly responsible for managing <strong>BPLS</strong> reforms. It was organized in June 2010 and<br />
officially established on August 6, 2011 through JMC 2010. As stated in the JDAO, the BOC is<br />
to (1) oversee implementation of nationwide scaling up of <strong>BPLS</strong> reform, particularly service<br />
standards; (2) mobilize resources for implementation of various components of <strong>BPLS</strong> reforms;<br />
(3) coordinate various initiatives of government, the private sector and the development<br />
community on <strong>BPLS</strong> reforms; (4) assist national government agencies, DTI, SEC, SSS, Phil<br />
Health, Bureau of Fire Protection in streamlining procedures; (5) assist government in building<br />
the capacity of governments to implement the <strong>BPLS</strong> reforms; and (6) ensure that <strong>BPLS</strong> reforms<br />
are aligned with other reforms that enhance the competitiveness of the country and LGUs.
18 <strong>BPLS</strong> R EFORM P ROGRAM G UIDE<br />
Figure 2-3<br />
Institutional Support for <strong>BPLS</strong> <strong>Reform</strong>s<br />
Philippine Development Forum<br />
Working Group on<br />
Growth & Investment<br />
Climate<br />
Conveners: DTI & IFC<br />
Conveners: DOF & WB<br />
Sub Working Group in Local<br />
Investment <strong>Reform</strong>s<br />
Conveners: DTI, DILG &<br />
USAID<br />
<strong>BPLS</strong> Oversight Committee<br />
Co-Chairs: DTI & DILG<br />
<strong>BPLS</strong> Coordinator Committee<br />
Co-Chairs: DTI & DILG<br />
Regional Directors<br />
Working Group on<br />
Decentralization &<br />
Local Government<br />
Conveners: DILG & WB<br />
<strong>National</strong> Competitiveness Council<br />
Chairs: DTI Secretary & Private Sector<br />
Representative<br />
Education & Human<br />
Resources Anti-Corruption<br />
Performance<br />
Governance System<br />
I.T. Governance<br />
System<br />
Infrastructure for<br />
Competitiveness Judicial System<br />
Transaction Costs &<br />
Flows<br />
Chairs: DTI<br />
Competitive<br />
Agriculture<br />
Transparency in<br />
Budget Delivery Power and Energy<br />
Following the PDF structure, the BOC includes development partners. Composed of the LGU<br />
Leagues (LCP and LMP), NCC1, NCC2, and USAID, GIZ, IFC and the Spanish Agency for<br />
International Development Cooperation (AECID), the BOC plans and implements <strong>BPLS</strong>-related<br />
activities. In 2010, it organized a multidonor project that trained DTI and DILG coaches who<br />
have been rolling-out reforms to the targeted LGUs. The BOC has been proposed to be subsumed<br />
as a committee under the Sub-Working Group on Local Investment <strong>Reform</strong>s, a new group under<br />
the working groups on decentralization and local government and growth and investments.<br />
BOC’s 2011 work plan includes (1) stepping up the LGUs that have streamlined to the<br />
automation level; (2) ensuring the completion of process re-engineering of LGUs now making<br />
<strong>BPLS</strong> reforms; (3) establishing an effective monitoring and evaluation system; (4) building a<br />
<strong>BPLS</strong> advocacy and marketing program; and (5) establishing a <strong>BPLS</strong> certification system.<br />
<strong>National</strong> Competitiveness Council<br />
Chaired by the DTI Secretary and co-chaired by a private sector representative, NCC1 supports<br />
the BOC through its Transaction Costs and Flows (TCF) working group, also co-chaired by a DTI<br />
undersecretary and a private sector representative. NCC1 was reconstituted through Executive<br />
Order 44 issued on June 3, 2011. It is the primary collection point of investor issues that need to<br />
be addressed to improve the country's competitiveness in industry, services, and agriculture;<br />
advises the President on policy matters affecting business competitiveness; and provides input to<br />
the Philippine Development Plan, the Philippine Investments Priority Plan (PIPP), and the<br />
Philippine Exports Priority Plan (PEPP). Its members include the Secretaries of Finance, Energy
U NDERSTANDING <strong>BPLS</strong> R E FORMS 19<br />
and Tourism, and Education, the Director-General of <strong>National</strong> Economic Development Authority<br />
(NEDA), and five private sector representatives.<br />
Even before its recent reorganization, NCC1 was active in <strong>BPLS</strong> reforms, focusing on monitoring<br />
and influencing the NGAs to streamline <strong>BPLS</strong> processes. For instance, the TCF focused on the<br />
use of a common database and application form for the social security agencies. It has also<br />
examined the permitting processes of agencies giving special permits to business enterprises (e.g.,<br />
environment clearance certificate of the Department of Environment and Natural Resources.<br />
In 2011, NCC1 plans to support BOC initiatives by (1) showcasing successful reformers in road<br />
shows in seven regions; (2) designing a <strong>BPLS</strong> customer satisfaction survey to be conducted in<br />
early 2012 to validate LGUs’ reforms; and (3) providing training for LGU front liners on service<br />
excellence and values reorientation.<br />
Local Institutions and Mechanisms<br />
The <strong>BPLS</strong> Coordination Committee (BCC) is the local counterpart of the BOC mandated in the<br />
JDAO of August 6, 2010. The BCC is co-chaired by the regional directors of the DILG and DTI<br />
and consists of local chambers, the LGUs, and academics. Following the JDAO, the BCC’s<br />
functions include<br />
• Providing direction in implementing <strong>BPLS</strong> reforms at the local level.<br />
• Organizing training for priority LGUs that will be streamlining the <strong>BPLS</strong>.<br />
• Organizing a pool of <strong>BPLS</strong> trainers in the region (from the BPLOs of LGUs, the<br />
academic community, and the local chamber) that can be tapped to coach LGUs in<br />
streamlining registration processes.<br />
• Monitoring LGU compliance with <strong>BPLS</strong> standards.<br />
• Soliciting support from the private sector.<br />
• Liaising with the <strong>National</strong> BOC on implementation of <strong>BPLS</strong> reforms.<br />
The BCCs have been responsible for organizing the roll-out of <strong>BPLS</strong> standards to targeted LGUs.<br />
Action plans for the 2011 roll-out were in fact prepared by the regional BCCs and submitted to<br />
DTI and DILG.
3. Past <strong>BPLS</strong> <strong>Reform</strong>s in the<br />
Philippines<br />
In the Philippines, the government has only recently been deeply engaged in business registration<br />
reform, but reform efforts can be traced back over the past 10 years. Those efforts offer valuable<br />
lessons in governance and development for the current <strong>BPLS</strong> program of DTI and DILG. The<br />
program can be considered a model of convergence and coordination among government<br />
agencies, and of the harmonization of official development assistance, following the principles of<br />
aid effectiveness (OECD 2005/2008).<br />
Business registration reform began through the uncoordinated and independent efforts of various<br />
entities. A good deal of <strong>BPLS</strong> reform was pursued through donor-supported projects focused on<br />
transparent and accountable governance, decentralization, local economic development, small<br />
enterprise promotion, and private sector participation. Some LGUs initiated and funded their own<br />
registration reform; others were prodded by the regional offices of government agencies.<br />
<strong>Reform</strong>s were made in Luzon, Visayas, and Mindanao without the benefit of service standards,<br />
which were not put in place until the formal launch of the nationwide <strong>BPLS</strong> streamlining program<br />
in August 2010. A chronological account of <strong>BPLS</strong> reforms is in Appendix C; various <strong>BPLS</strong><br />
projects of the past ten years are summarized below.<br />
3.1 <strong>BPLS</strong> INITIATIVES BETWEEN 2001–2010<br />
There have been a number of significant programs to simplify business registration procedures<br />
since 2001. Most were conducted through development assistance projects and spanned the<br />
different island groupings of the country. These programs paved the way for the formulation of<br />
extensive scaling up of business registration reforms in 2010.<br />
<strong>BPLS</strong> <strong>Reform</strong>s in Central Luzon, 2001<br />
In 2001, the Central Luzon Investment Promotion <strong>Center</strong> Region 3 (CLIPC) and the provincial<br />
offices of DTI Region 3, DILG, and LGUs campaigned to simplify business licensing 5 in<br />
response to the state of the nation address of then-President Macapagal-Arroyo. On November<br />
23, 2001, <strong>BPLS</strong> reform was adopted as a flagship project of the Central Luzon Coordinating<br />
Council (CLICC). The Region 3 initiative was driven by provincial governors on the Central<br />
5 This discussion is based on a presentation by Judith Angeles (2009), Streamlining the Business Processes<br />
in the Issuance of Mayor’s permit in Central Luzon.
22 <strong>BPLS</strong> R EFORM P ROGRAM G UIDE<br />
Luzon Growth Corridor Foundation Inc. (CLGCFI). On March 22, 2002, a memorandum of<br />
commitment on “implementation of the streamlined business processes of critical frontline<br />
services in Central Luzon’s W Growth Corridor” was signed and eight municipalities committed<br />
to streamlining the issuance of their mayor’s permit: Balanga City in Bataan; Sta. Maria &<br />
Meycauyan in Bulacan; San Jose & Cabanatuan cities Nueva Ecija; Angeles City in Pampanga;<br />
Tarlac City in Tarlac; and Olongapo City in Zambales.<br />
Memorandum Circular 117 of 2003 provided impetus for the region to accelerate streamlining. Its<br />
program enjoined LGUs to (1) establish internal monitoring systems and internal audits, (2)<br />
establish a BOSS, and (3) automate their <strong>BPLS</strong> and connect to the Philippine Business Registry<br />
(PBR). 6 By 2007, all 130 LGUs in Region 3 had completed streamlining reforms – three years<br />
before performance standards were officially promulgated in August 2010 (Table 3-1). Two cities<br />
even had their business registration process certified under ISO 9000.<br />
Table 3-1<br />
<strong>BPLS</strong> Implementation in Central Luzon<br />
Province<br />
No. of Cities/<br />
Municipalities<br />
Cities/Municipalities Implementing Streamlined <strong>BPLS</strong><br />
2002 2003 2004 2005 2006 2007-2009<br />
Aurora 8 1 2 2 8 8<br />
Bataan 12 1 1 4 12 12 12<br />
Bulacan 24 2 2 3 7 23 24<br />
N. Ecija 32 2 2 3 7 32 32<br />
Pampanga 22 1 2 3 14 22 22<br />
Tarlac 18 1 1 2 2 17 18<br />
Zambales 14 1 2 3 14 14 14<br />
TOTAL 130 8 11 20 58 127 130<br />
SOURCE: DTI, Region III. 2009 Presentation.<br />
The Region 3 initiative is a model of political resolve to make reforms and the persistence of a<br />
government agency in following the instructions of the President. Leading the project, DTI<br />
Region 3 had provincial governors champion reform, secured financial support through the<br />
foundation organized by the governors, coordinated technical support provided to LGUs from<br />
NGAs and the development community, and instituted an award system that encouraged LGUs to<br />
compete with each other in improving how mayor’s permits were issued.<br />
6 The PBR is a business registry database managed by DTI under Executive Order 587 issued on December<br />
8, 2006. It has evolved to streamline registration procedures through a web-based registry that links the<br />
databases of various agencies (i.e., the Securities and Exchange Commission, the Cooperative<br />
Development Authority, the Bureau of Internal Revenue, the Social Security System, the Home<br />
Development Mutual Fund, the Philippine Health Insurance Corporation, e-ready LGUs, and e-ready<br />
licensing agencies). While a number of LGUs have been linked to PBR since 2009, the system is being<br />
enhanced and tested.
P AST <strong>BPLS</strong> R EFORMS IN THE P HILIPPINES 23<br />
<strong>BPLS</strong> <strong>Reform</strong>s in Mindanao, 2003<br />
One of USAID’s early initiatives to promote business registration reform in Mindanao was the<br />
Transparent Accountable Governance (TAG) project. TAG was designed as an anticorruption and<br />
good governance project that adopted “increasing transparency and accountability in government<br />
transactions” as a theme (Asia Foundation 2008). The Business Permit and Licensing Study, a<br />
five-year activity under the project, initially covered 7 cities but expanded to 16. 7 Assistance<br />
focused on procedural reforms that covered steps, processing time, forms, clearances, permitting<br />
fees, signatories, personnel, and corruption. The end-of-project report covered results, city case<br />
studies, and recommendations. Sustainability in reform is always an ongoing concern with <strong>BPLS</strong><br />
reform and TAG was not directly an investment climate improvement project. However, TAG<br />
had some success in streamlining the business permitting system in the target cities and some of<br />
the beneficiary cities won awards (e.g., Koronadal).<br />
<strong>BPLS</strong> <strong>Reform</strong>s in the Visayas, 2004<br />
The GIZ spearheaded <strong>BPLS</strong> reforms in the Visayas through two projects: the Private Sector<br />
Participation (PSP) Project and the Decentralization Project (DP). While PSP helped improve the<br />
business and investment climate for micro, small, and medium enterprises, DP helped improve<br />
national and local governance. DP supported the harmonization and streamlining of processes in<br />
and between local governments and thus fostered local planning, financial management, interlocal<br />
cooperation, and capacity developments.<br />
The PSP project, with DTI, piloted <strong>BPLS</strong> reform in Bacolod (Region 6) and in Ormoc and<br />
Palompon (both in Region 8) in 2005. A third pilot region—Region 7—was selected in 2007.<br />
There, DP and PSP joined forces and selected the municipalities of Barili and Consolacion as<br />
pilots. The pilots were later replicated in various municipalities in Regions 6, 7 and 8 (see Table<br />
3-2).<br />
As in Central Luzon, GIZ assistance covered a good number of municipalities. In the absence of<br />
standards, GIZ’s approach enabled municipalities to determine areas for reform, but basically<br />
covered number of steps, amount of processing time, documentation requirements, and<br />
signatures. Manuals, toolkits, and learning modules were produced under the two projects. The<br />
good documentation of project experiences and accomplishments contributed to the design of the<br />
government’s <strong>BPLS</strong> project.<br />
<strong>Reform</strong>s in the Visayas were concentrated in small and medium size municipalities (except for<br />
Iloilo, Cebu City) as compared to those in Mindanao and Luzon. Yet the reforms led LCEs to<br />
understand that they can raise revenue by improving service delivery, particularly business<br />
permitting and licensing. In some LGUs, such as Iloilo, GIZ assistance also covered the<br />
introduction of iTax, software with a module for tracking business fees, in addition to other LGU<br />
operations like real property taxes. 8<br />
7 The 16 cities were Cotabato, Dapitan, Marawi, Iligan, General Santos, IGaCoS, Surigao, Butuan,<br />
Dipolog, Koronadal, Malaybalay, Oroquieta, Ozamiz, Panabo, Tacurong and Zamboanga.<br />
8 GIZ later developed an i<strong>BPLS</strong> to complement its <strong>BPLS</strong> reform assistance in Mindanao.
24 <strong>BPLS</strong> R EFORM P ROGRAM G UIDE<br />
Table 3-2<br />
<strong>BPLS</strong> Pilot Areas in the Visayas<br />
Region 6 Region 7 Region 8<br />
Pilots Bacolod Barili, Consolacion Ormoc, Palompon<br />
Replicators Iloilo<br />
Escalante<br />
Silay<br />
Sagay<br />
Cadiz<br />
Kabankalan<br />
Talisay<br />
San Carlos<br />
Bago<br />
Victorias<br />
Buenavista<br />
Dumangas<br />
Estancia<br />
Oton<br />
Pototan<br />
Kalibo<br />
Malay<br />
Roxas City<br />
San Jose<br />
Passi<br />
Cebu City<br />
Tanja<br />
Liloan<br />
Larena<br />
Danao<br />
Siquijor<br />
Talisay<br />
Minglanilla<br />
Naga<br />
Argao<br />
Dumaguete<br />
Bayawan<br />
Valencia<br />
Burauen<br />
Palo<br />
Isabel<br />
Naval<br />
Catbalogan City<br />
Borongan<br />
Calbayog<br />
<strong>BPLS</strong> <strong>Reform</strong>s in the <strong>National</strong> Capital Region, 2008<br />
Most early initiatives to simplify business permitting focused on municipalities and small cities.<br />
The first to involve highly urbanized cities was the IFC’s Regulatory Simplification Project<br />
(RSP), which focused on procedures for new business permits. Started in 2008, RSP extended<br />
technical assistance for reducing the time, cost, and procedures for starting a business to four<br />
cities in the NCR: Mandaluyong, Marikina, Manila, and Quezon City. Four principles<br />
characterized the project: adoption of one business application form; implementation of a onetime<br />
assessment and one-time payment, and creation of a joint inspectorate system. All four cities<br />
adopted the single registration form and one-time assessment and one-time payment schemes. As<br />
a result, the 14 steps in the standard business registration process were reduced to eight, and the<br />
processing time was reduced to one day.<br />
To complement the RSP, the IFC started the Standard Business Registration Process (SBRP)<br />
project with the League of Cities of the Philippines (LCP). The league was headed by then-Mayor<br />
Benhur Abalos, who was also chair of the Union of Local Authorities of the Philippines. A<br />
technical working group on business regulation (entry) reform was organized to advocate<br />
business regulation reform in the NCR. The project was conceived with the following outputs in<br />
mind: (1) legal and procedural review of local and national regulations, (2) standard business<br />
registration procedures, (3) issuance of department orders and local ordinances to implement<br />
standard procedures, (4) action and advocacy plans, and (5) compliance monitoring. Activities<br />
culminated in the signing of the Joint Memorandum Circular by DILG, DTI, SSS, and NCR<br />
mayors in February 2009 (see Legal Basis for <strong>BPLS</strong> <strong>Reform</strong>s). While the focus was on new
P AST <strong>BPLS</strong> R EFORMS IN THE P HILIPPINES 25<br />
business applications, the recommendations were also considered in setting the <strong>BPLS</strong> standards<br />
in the JMC 2010.<br />
Streamlining of Business Renewal Processes, 2009<br />
In 2009, the <strong>BPLS</strong> Streamlining Project was implemented nationwide as a joint undertaking of<br />
the PDF working groups on growth and investment climate and the working group on<br />
decentralization and local government, with DTI and DILG as conveners, respectively. Both<br />
working groups wanted to put into place practical measures to enhance national and local<br />
competitiveness. The focus was on reforming the business renewal processes of key cities and<br />
municipalities in highly urbanized areas where the bulk of businesses are located. In contrast to<br />
earlier <strong>BPLS</strong> initiatives that had focused on poor municipalities, this program recognized that<br />
reforms would have the greatest impact in areas with a high concentration of firms. The program<br />
also marked the first attempt to develop service standards for business renewals, which account<br />
for the majority of annual business applications. 9 On the basis of process recommendations in<br />
earlier studies of <strong>BPLS</strong>, benchmarks were set for number of steps, processing time, and the use of<br />
a single, unified form.<br />
Twenty-eight LGUs from six regions (3, 4A, 7, 10, 11, 12) were chosen to participate in four<br />
workshops in November-December 2009 to enable them to streamline their business renewal<br />
processes in time for the January 2010 renewal period. This training was the first multidonor<br />
project on <strong>BPLS</strong> (i.e., involving GIZ, IFC, USAID’s LINC-EG). Despite the short notice, a third<br />
of the LGUs reportedly implemented at least one of the four standards for processing business<br />
renewals.<br />
Development of e<strong>BPLS</strong>, 2006<br />
Separate from the projects of development partners, the <strong>National</strong> <strong>Computer</strong> <strong>Center</strong> (NCC2) with<br />
the Development Academy of the Philippines, developed e<strong>BPLS</strong> software as part of an<br />
e-governance project that included the eRPTS. The software is free to municipalities with training<br />
provided by NCC staff. NCC2 targeted municipalities under the program because cities were seen<br />
as having the financial capacity to automate their operations. The eLGU <strong>BPLS</strong> covers the full<br />
business processing cycle (i.e., application, assessment, approval, payment and release). Twentyone<br />
LGUs are fully implementing the system.<br />
In 2006, NCC2 joined with the Mayor’s Development <strong>Center</strong> (MDC)—a training arm of the<br />
League of Municipalities of the Philippines (LMP) –and the eGov project of the Canadian<br />
International Development Agency (CIDA) to form the eGov4MD project. The purpose of the<br />
project was to improve local governance and business climates by making public service delivery<br />
more efficient and revenue generation more effective by providing training in information and<br />
communication technology. It sought to build the capacity of e-ready municipalities for egovernance<br />
using the NCC’s eLGU system, known as the Business Permit and Licensing, Real<br />
Property Tax and Treasury Operations Management System. Outputs included a package of user<br />
9 In the Philippines, business renewals are scheduled in the first 20 days of January every year (Section 167<br />
of the Local Government Code of 1991).
26 <strong>BPLS</strong> R EFORM P ROGRAM G UIDE<br />
guides, technical training, and technical assistance and advisory services through a Career<br />
Executive Service Board (CESO) of volunteer advisers.<br />
Several organizations shared the cost of the project. The NCC developed the software, provided<br />
free of charge to qualified municipalities. The CESO provided Canadian volunteer advisers using<br />
CIDA funding, and the LMP-MDC/eGov4MD program extended technical support. The LGUs<br />
covered staff training fees, technical support fees, and if needed, hardware, accommodations, and<br />
transport for the CESO adviser and eGov4MD technical staff for one to two weeks. LGU training<br />
expenses ranged from 150,000 to 180,000 pesos.<br />
The project initially covered selected provinces in Luzon, Visayas, and Mindanao. 10 In 2009,<br />
LMP received Presidential citations on issuance of mayor’s permits in Talavera and Aliaga, and<br />
Nueva Ecija. In October 2009, the PCCI recognized Carmona as the most business-friendly<br />
municipality for its streamlined business permit licensing and renewal services, or its business<br />
one stop shop, made possible through computerization. Carmona was later presented with an<br />
eGov4MD award in September 2010. By 2010, e<strong>BPLS</strong> had been set up in 60 municipalities,<br />
resulting in a 5 percent to 6 percent increase in business revenue, faster and more transparent<br />
processing, and increased customer satisfaction.<br />
3.2 <strong>BPLS</strong> INITIATIVES SINCE 2010<br />
Momentum for <strong>BPLS</strong> reforms accelerated during the administration of President Benigno Aquino<br />
III. New secretaries of the DTI and DILG personally championed scaling up the <strong>BPLS</strong> program,<br />
which was launched barely a month after the President’s oath taking in July 2010. This renewed<br />
interest triggered activities that gave the program a new perspective: clear policy directives set<br />
service standards for business registration, identified targeted LGUs, and set up an institutional<br />
mechanism to oversee the program. Some of the <strong>BPLS</strong>-related activities undertaken during the<br />
Aquino administration are described below.<br />
Training of <strong>BPLS</strong> Coaches<br />
With a goal of having 108 LGUs reform their <strong>BPLS</strong> systems, DTI and DILG agreed to conduct<br />
massive training of staff expected to roll out the reforms. Coordinated by the Local Government<br />
Academy, the training of trainers project was funded by USAID, GIZ, AECID, and IFC. A total<br />
of 453 personnel from DTI, DILG, business permit and licensing offices (BPLOs), private<br />
businesses, and academia participated in the workshops, which were conducted in the second<br />
semester of 2010. This training was the first to disseminate <strong>BPLS</strong> standards and related policy<br />
directives. To prepare for the workshops, a team of consultants and facilitators produced<br />
operations manuals and training modules.<br />
10 Luzon: Region 1- Pangasinan, Ilocos Sur and Ilocos Norte; Region 2- Cagayan, Isabela, Nueva Vizcaya,<br />
Quirino; Region 3-Aurora, Bulacan, Pampanga, Bataan, Zambales, Tarlac, Nueva Ecija; Region 4-A-<br />
Cavite, Quezon; Visayas-Northern Samar & Palawan; and Mindanao- Zamboanga Sibugay, Surigao del<br />
Norte, Davao del Sur, Davao del Norte, Davao Oriental, Agusan del Sur, Bukidnon, Compostela Valley.
P AST <strong>BPLS</strong> R EFORMS IN THE P HILIPPINES 27<br />
Expanded <strong>BPLS</strong> Implementation<br />
<strong>BPLS</strong> standards were rolled out in the third and fourth quarters of 2010. Table shows the<br />
progress of streamlining as of July 31, 2011; the overall accomplishment rate is 38 percent. NCR<br />
and Regions 5 and 13 have completed reforming the targeted LGUs. Regions 2, 3, 11 have<br />
completed 50 percent to 75 percent of their work and are expected to complete reforms by the end<br />
of 2011.<br />
The other regions, however, will need to step up activity to meet goals, especially Regions 1, 4A,<br />
8, 9, and 10 whose level of accomplishment was only 13 percent or less by the end of July 2011.<br />
Based on the meeting of the BOC on August 18, 2011, the DTI and DILG are targeting the<br />
completion of the 480 LGUs by the end of 2012. To support this accelerated schedule, both<br />
agencies have a budget to cover expenses for staff rolling out the reforms.<br />
Table 3-3<br />
Status of <strong>BPLS</strong> Streamlining in Targeted LGUs by Region, July 2011<br />
Region<br />
Targeted<br />
LGUs/<br />
Region<br />
Percentage<br />
Complete<br />
(Targeted<br />
Region)<br />
Target<br />
NCR 1 100% 1<br />
Completed Ongoing<br />
Nontarget<br />
Target<br />
CAR 3 33% 1 2<br />
Not yet<br />
Started<br />
Nontarget<br />
Target<br />
Region 1 16 19% 3 2 5 8<br />
Region 2 7 57% 4 1 3<br />
Region 3 130 71% 92 38<br />
Region 4A 142 9% 13 10<br />
Region 4B 15 27% 4 1 10 1<br />
Region 5 9 100% 9 6<br />
Region 6 19 42% 8 3 1<br />
Region 7 29 45% 13 20 3 10 2<br />
Region 8 31 10% 3 10 2 1<br />
Region 9 8 13% 1 3<br />
Region 10 12 8% 1 8 2<br />
Region 11 20 75% 15 1 1<br />
Region 12 32 19% 6 1 1<br />
Region 13 6 100% 6 10 7<br />
Total 480 38% 180 41 89 30 13<br />
SOURCE: Local Government Academy (LGA), DILG, as of 31 July 2011.<br />
<strong>BPLS</strong> <strong>Reform</strong>s in Key Mindanao Cities, 2010<br />
Given the new service standards set by the government, USAID’s LINC-EG supported <strong>BPLS</strong><br />
reforms in four Mindanao cities, complementing the work of DTI and DILG. The cities—Davao,<br />
General Santos, Cagayan de Oro and Butuan—were chosen to serve as models to surrounding<br />
LGUs. Butuan and Cagayan de Oro, where LINC-EG assistance has been completed, have
28 <strong>BPLS</strong> R EFORM P ROGRAM G UIDE<br />
reported impressive accomplishments (Table 3-4). The number of business registrations increased<br />
after the reforms by 9 percent to 6,996 in Butuan and by 10 percent to 15,405 in Cagayan de Oro.<br />
This improvement translated into a 14 percent in increase in fee-related revenue (P66 million) in<br />
Butuan, and a 10 percent increase (P214.8 million) in Cagayan de Oro City.<br />
Table 3-4<br />
Summary of <strong>BPLS</strong> Accomplishments in Butuan and Cagayan de Oro<br />
Metrics/Cities<br />
Steps Processing Time (days)<br />
2010 2011 % Changes 2010 2011 % Change<br />
P ROCESSING N EW P ERMITS<br />
Butuan 10 5 (50) 152 19 (88)<br />
Cagayan de Oro 12 3 (75) 720 15 (98)<br />
P ROCESSING B USINESS R ENEWALS<br />
Butuan 6 5 (17) 80 min 19 min (76)<br />
Cagayan de Oro 7 3 (57) 520 min 15 min (97)<br />
New <strong>BPLS</strong> Studies<br />
The successful roll-out of <strong>BPLS</strong> reforms encouraged the government to extend the reform process<br />
to other registration processes and to think of measures to sustain the reform process.<br />
Accordingly, the following studies were started soon after the Aquino administration took over:<br />
• Study of Proposed Business Models for <strong>BPLS</strong>. In support of the BOC, the GIZ<br />
commissioned a study to develop a business model to advance <strong>BPLS</strong> reform.<br />
Recommended strategic steps include publicizing <strong>BPLS</strong> gains and successes; applying<br />
streamlining in all LGUS; accrediting trainers and coaches; computerizing <strong>BPLS</strong> as<br />
appropriate to LGU circumstances; incentivizing <strong>BPLS</strong> reform; strengthening monitoring<br />
and evaluation; institutionalizing a feedback mechanism from the business sector; and<br />
ensuring sustainability.<br />
• e<strong>BPLS</strong> Planning and Implementation <strong>Guide</strong>. The <strong>National</strong> <strong>Computer</strong> <strong>Center</strong>, with<br />
funding from USAID’s LINC-EG, is preparing guidelines to aid LGUs in managing<br />
automation. The <strong>Center</strong>, DTI, and DILG are expected to disseminate the guidelines to<br />
LGUs through forums and information materials.<br />
• e<strong>BPLS</strong> Baseline Design <strong>Guide</strong>. The <strong>BPLS</strong> baseline design developed by the <strong>National</strong><br />
<strong>Computer</strong> <strong>Center</strong> with funding from USAID’s LINC-EG will facilitate the formulation of<br />
a software package compliant with service standards set by LGU and private sector<br />
developers.<br />
• <strong>BPLS</strong> <strong>Reform</strong> <strong>Program</strong> <strong>Guide</strong>. Prepared with funding from USAID’s LINC-EG, this<br />
guide will document the <strong>BPLS</strong> program to aid the government in devising reform<br />
advocacy programs.<br />
• <strong>BPLS</strong> <strong>Reform</strong>s Communication Plan. This plan will help the Local Government Academy<br />
prepare communication materials and plan advocacy programs for the regional offices of<br />
DTI and DILG. The goal is to encourage LGUs to participate in the <strong>BPLS</strong> program.
P AST <strong>BPLS</strong> R EFORMS IN THE P HILIPPINES 29<br />
3.3 LESSONS LEARNED<br />
Over the past ten years the “knowhow” or technology of <strong>BPLS</strong> reform has been defined and<br />
crystallized in the course of various reform initiatives. Many tools are now available for<br />
implementing, monitoring, and evaluating reforms. A variety of approaches have produced<br />
positive results. Several useful lessons learned in the experience are presented below.<br />
Identifying <strong>Reform</strong>s Champions<br />
The success of the <strong>BPLS</strong> program can be attributed partly to the leadership exerted by DTI and<br />
DILG at the national level since 2009 and by LCEs at the local level. DTI and DILG harmonized<br />
<strong>BPLS</strong> initiatives and organized them into a coherent program that included standards for business<br />
registration processes and mechanisms for sustaining the program. Each agency had clearly<br />
delineated responsibilities. DTI engaged the private sector, such as local business groups, while<br />
DILG engaged LCEs, such as the LGU leagues. Together, their local offices implemented the<br />
program based on the functional delineation in the JDAO.<br />
Equally important was the support of the LCEs, who needed to be convinced to contribute<br />
manpower and financial resources to the program. The LCEs facilitated the support of the local<br />
council and other public stakeholders in the LGU (i.e., the BPLO, the Office of the Building<br />
Official, the Health and Sanitation Office, the Planning and Development Office, among others)<br />
and the offices of the national government agencies (i.e., the Bureau of Fire Protection).<br />
LCEs were convinced to support the program through one-on-one meetings, multimedia, and<br />
advocacy events. In sum, generating interest among LCEs and other stakeholders requires a<br />
deliberate information, education, and communication (IEC) campaign. IEC in the <strong>BPLS</strong> process<br />
involves informing potential and existing customers about the requirements, procedures, and<br />
service delivery levels involved in the business permit and renewal process.<br />
Harmonizing Assistance from the Development Community<br />
In addition to the home-grown projects of LGUs with DTI and DILG were the reform projects of<br />
development partners. These projects played a catalytic role and helped achieve consensus on the<br />
direction of <strong>BPLS</strong> reforms. Improvements in business registration processes attributable to donor<br />
assistance were adopted by the government in designing the current <strong>BPLS</strong> program. Donors’<br />
technical and financial assistance jumpstarted the streamlining of business processes in LGUs,<br />
especially those with capacity and resource constraints. At the national level, the <strong>BPLS</strong> program<br />
was piloted with the funding of several donors and then later through the national budget. The<br />
project aligned government priorities with development assistance and harmonized donor<br />
assistance to prevent the duplication and competition typical of other official development<br />
assistance programs. Table 3-5 summarizes <strong>BPLS</strong> assistance from development partners.
30 <strong>BPLS</strong> R EFORM P ROGRAM G UIDE<br />
Table 3-5<br />
Summary of Official Development Assistance to <strong>BPLS</strong> <strong>Reform</strong>s<br />
Development<br />
Partner<br />
AECID (Support for Local<br />
<strong>Reform</strong> Project)<br />
CIDA (Local Government<br />
Support <strong>Program</strong> for Local<br />
Economic Development)<br />
GTZ/GIZ (Decentralization<br />
Project & Private Sector<br />
Participation Project)<br />
IFC (Regulatory<br />
Simplification Project &<br />
Simplified Business<br />
Registration Process)<br />
USAID (Local<br />
Implementation for <strong>National</strong><br />
Competitiveness for<br />
Economic Growth)<br />
Capacity Building<br />
Activities<br />
Training of Trainers (TOT) in<br />
Region 5 including hiring of<br />
training team (2010)<br />
Training of selected LGUs in<br />
Region 5 and CARAGA<br />
(2010)<br />
Piloting in Visayas LGUs<br />
(2006-2007)<br />
Workshops for DTI and<br />
DILG on streamlining of<br />
processes for business<br />
renewals in Regions 3 and 4A<br />
and the Visayas (2009)<br />
<strong>BPLS</strong> M&E of 12 pilot LGUs<br />
(2010)<br />
TOT in Luzon, Visayas, and<br />
CARAGA<br />
<strong>BPLS</strong> streamlining of Quezon<br />
City, Marikina, Mandaluyong<br />
and Manila<br />
TOT for NCR, Regions 3 and<br />
4A (2010)<br />
Workshops for DTI and<br />
DILG on the streamlining of<br />
processes for business<br />
renewals in the Mindanao<br />
regions (2009)<br />
TOT for Mindanao regions<br />
<strong>BPLS</strong> streamlining for<br />
Butuan, Cagayan de Oro,<br />
General Santos and Davao<br />
(ongoing for the last two)<br />
Form of Assistance<br />
Knowledge<br />
Products Others<br />
<strong>BPLS</strong> training modules for<br />
the TOT<br />
<strong>BPLS</strong> Manual<br />
Training of Local<br />
Government Academy for the<br />
maintenance of the <strong>BPLS</strong><br />
Help Desk<br />
Streamlining Business<br />
Registration in LGUs: Good<br />
Practices (2006)<br />
Simplifying Business Permits<br />
and Licensing Process (Red<br />
Book) (2008)<br />
Towards ONE Business<br />
Permit and Licensing System<br />
(2008)<br />
<strong>BPLS</strong> Inspectorate Team<br />
Operations Manual: A <strong>Guide</strong><br />
for Local Government Units<br />
(2009)<br />
Streamlining <strong>BPLS</strong> in LGUs<br />
(Learning Modules &<br />
Training Manual) (2010)<br />
Training Modules of TOT<br />
Toolkit on Regulatory<br />
Simplification<br />
Policy Notes on Inspection<br />
Study on Setting up of<br />
Business friendly Local<br />
Inspection Study (with<br />
guidelines for LGUs) –<br />
<strong>Guide</strong>lines on <strong>BPLS</strong><br />
<strong>Computer</strong>ization<br />
Systems Flow and Base<br />
Specifications for <strong>BPLS</strong><br />
<strong>BPLS</strong> Policy Note<br />
<strong>BPLS</strong> Communication Plan<br />
Hiring of software developer<br />
to review e-<strong>BPLS</strong><br />
Study on the Proposed<br />
Business Model for <strong>BPLS</strong><br />
(2011)<br />
Hiring of <strong>BPLS</strong> Coordinator<br />
and Training Teams for<br />
<strong>BPLS</strong> TOT (2010)<br />
Developing Institutional Capacities to Implement <strong>BPLS</strong> <strong>Reform</strong><br />
In rolling-out reforms to 480 LGUs, the capacity of LGUs to undertake reform needed to be<br />
assured. It was too costly to depend on consultants so in 2010 DILG and DTI designed a training<br />
the trainers program—a difficult task because neither agency is a <strong>BPLS</strong> practitioner. Still, an<br />
institutional mechanism was established to ensure that LGUs can ask for technical assistance as<br />
they go through the reform process. An online help desk ensures that DILG and DTI “coaches’<br />
have feedback on problems in rolling out reforms.
P AST <strong>BPLS</strong> R EFORMS IN THE P HILIPPINES 31<br />
<strong>Reform</strong>-minded local governments also do not need to reinvent the wheel: it is sufficient to start<br />
with reforms implemented successfully in other cities. Many LGUs have practices worth<br />
emulating. In fact, the DBS 2011 report cites some good practices of Philippine LGUs. These<br />
include the one-stop shop in Manila, established through the standard business registration and<br />
permit processes; the one-time assessment of fees introduced in Davao City and Valenzuela; and<br />
Pasay’s waiver of separate applications for zoning clearance and fire and mechanical permits<br />
when the building in which a new business plans to operate has such permits already.<br />
It is now possible to draw up a menu of model practices for LGU wanting to make <strong>BPLS</strong> reforms<br />
but without full technical capacity just yet. Such a menu can help them decide which sites to visit<br />
as part of their pre-reform study program.<br />
Engaging Stakeholders in <strong>Reform</strong><br />
<strong>BPLS</strong> reform involves both duty bearers and claim holders. The latter, however, are often left out<br />
of reform processes. Claim holders are citizens who directly benefit from better permitting<br />
services (e.g., businesses) as well as citizens at large, often represented by civil society groups<br />
that seek transparent and accountable governance. Claim holders’ early engagement in <strong>BPLS</strong><br />
reform sets a foundation for reform ownership and sustainability.<br />
Early <strong>BPLS</strong> projects recommended the participation of stakeholders, including civil society<br />
groups in addition to the business sector. 11 Multisector alliances are needed to advocate for <strong>BPLS</strong><br />
reforms. Civil society groups and the business community can act as watchdogs to ensure that the<br />
reforms comply with service standards and respond to the needs of the private sector. Publicprivate<br />
partnerships can accelerate and sustain <strong>BPLS</strong> reform.<br />
Setting up Institutional Structures and Mechanisms<br />
<strong>Reform</strong> requires appropriately mandated institutions. The Philippines has a <strong>National</strong><br />
Competitiveness Council, but its mandate is advocacy not implementation. 12 The <strong>BPLS</strong><br />
experience brought to light the lack of institutions positioned and empowered to oversee reform<br />
on a nationwide scale. The gap was filled when the DTI and DILG were selected to lead in their<br />
capacity as members of the Philippine Development Forum, particularly the working group on<br />
growth and investment climate. The WG-GIC chose <strong>BPLS</strong> improvement as a way to enhance<br />
growth and the investment climate, effectively putting DTI and DILG in charge. A <strong>BPLS</strong><br />
Oversight Committee (BOC), composed of these two key players plus donor representatives, was<br />
then formalized to orchestrate policy actions and programmatic interventions nationwide.<br />
Similarly, the <strong>BPLS</strong> Coordination Committee (BCC) was established at the local level to perform<br />
the BOC national oversight and coordination functions on the ground. The BOC was to move for<br />
wide scale capacity development of implementing partners in <strong>BPLS</strong> streamlining and for<br />
mobilization of resources and harmonization of external aid to support <strong>BPLS</strong> reform.<br />
11 Refer to the TAG project recommendations.<br />
12 <strong>BPLS</strong>-related institutional mechanisms are described in Understanding <strong>BPLS</strong> <strong>Reform</strong>s.
32 <strong>BPLS</strong> R EFORM P ROGRAM G UIDE<br />
Establishing a Monitoring & Evaluation System<br />
After piloting reforms of business renewal processes in 2009, DTI and DILG regional offices<br />
followed up by monitoring reform implementation at the pilot LGUs. This consisted of<br />
monitoring compliance with standards and action plans formulated by LGUs. This simple<br />
monitoring kept DTI and DILG aware of the success of the pilot and led to a scaling up of the<br />
program to cover 480 LGUs.<br />
Given the program’s present scale, DTI and DILG need to advance M&E. The LGA, as<br />
coordinator of the <strong>BPLS</strong> program, did a validation exercise to check the submissions of the BCC<br />
on the progress of <strong>BPLS</strong> implementation. A more elaborate monitoring system is being planned<br />
with IFC assistance. The system would establish and define success criteria and indicators based<br />
on performance standards now enforceable as a matter of national policy. In setting up the M&E<br />
system, three points should be considered:<br />
• The business community should be more involved through linkages and engagement of<br />
local chambers of commerce or equivalent to ensure institutionalized feedback to LGUs.<br />
• The monitoring framework should enable measurement of outcomes and impact in<br />
addition to generating information and evidence for future actions.<br />
• Cost-effective methods for gathering information should be identified; customer<br />
satisfaction surveys are useful but can be expensive.<br />
Using IT solutions for <strong>BPLS</strong> <strong>Reform</strong>s<br />
<strong>Computer</strong>ization or the use of hardware and software in the BPL process, particularly for<br />
purposes of assessment, payment, and data banking, is an advance in reform. Many LGUs that<br />
adopted e<strong>BPLS</strong> and other software have reported impressive accomplishments.<br />
Some words of caution are on order. First, processes must be streamlined before they are<br />
automated. Second, the costs and benefits of computerization must be understood before any<br />
decision to automate. Small towns and municipalities must be circumspect in purchasing<br />
computer hardware, especially if the local business sector is underdeveloped. This is why the<br />
<strong>National</strong> <strong>Computer</strong> <strong>Center</strong> has prepared guidelines for LGUs wishing to automate their <strong>BPLS</strong>.<br />
<strong>BPLS</strong> reform entails change management involving policy, people, processes, programs, and<br />
institutions. But all change begins with the will to change. The key factor in successful <strong>BPLS</strong><br />
reform is firm political resolve to introduce reforms. This is evident in the cities and<br />
municipalities that have reformed, such as San Fernando City in Pampanga, Carmona, Cavite and<br />
Sta. Rosa, Laguna. Political will must be matched with institutional knowledge and resources.
4. Accelerating <strong>BPLS</strong> <strong>Reform</strong>s<br />
Ten years of reform have generated a good store of knowledge, especially of service standards,<br />
good practices, lessons learned, expertise, and tools, to guide the adoption of reforms nationwide.<br />
But reform has spawned numerous challenges as well. To complete the critical mass of reform in<br />
480 LGUs between 2011-2012, certain implementation issues need to be resolved.<br />
4.1 CHALLENGES<br />
Slow Implementation<br />
As of July 31, 2011, only 38 percent (180) of the 480 targeted LGUs have complied with <strong>BPLS</strong><br />
standards. Another 41 (not targeted) have completed reforms, but an even greater number of<br />
LCEs in the more progressive LGUs are indifferent to the central government’s call for reforms.<br />
Completing reform in the 480 LGUs will require more aggressive measures by the central<br />
government. The inaction of some LGUs signals that <strong>BPLS</strong> reforms are not considered important<br />
and/or that there is no awareness of the what, why and how of reform. Some LGUs are not even<br />
aware that reforms have occured and that there are concrete examples that can be replicated.<br />
Unresolved Policy Issues at <strong>National</strong> Level<br />
<strong>BPLS</strong> programs have focused on the procedural inefficiencies of local business permitting. But<br />
part of the problem lies with requirements imposed by national government agencies, most of<br />
which are prerequisites for filing an application at an LGU. These requirements include the<br />
following:<br />
1. Securing a Fire Safety Inspection Certificate (FSIC) before a Mayor’s permit is granted.<br />
The amended Fire Code of 2008 requires business registration applicants to secure an<br />
FSIC from the Bureau of Fire before the LGU can issue a Mayor’s permit. This<br />
requirement adds two or three steps to the <strong>BPLS</strong> standard of five steps, not to mention the<br />
processing time. The issue could be resolved by amending the implementing Fire Code’s<br />
rules and regulations.<br />
2. Getting clearance from the social security agencies like the SSS, Philhealth, and Pag-<br />
IBIG. The social security agencies impose requirements and leverage the permitting<br />
system to catch erring employers. In the JMC 2009, SSS agreed to work out a database<br />
system wherein enrollment of business establishments with SSS will automatically mean<br />
membership with Phil Health and Pag-IBIG.<br />
3. Implementing the Philippine Business Registry (PBR), a database system with the DTI<br />
that aims to facilitate business registration through a central repository of information
34 <strong>BPLS</strong> R EFORM P ROGRAM G UIDE<br />
coming from various government agencies, such as the Department of Trade and<br />
Industry, Securities and Exchange Commission, Bureau of Internal Revenue, Social<br />
Security System, Philippine Health Insurance Corporation, Pagtutulungan sa<br />
Kinabukasan: Ikaw, Bangko, Industria at Gobyerno (Pag-IBIG), and LGUs. Linking up<br />
with the PBR will facilitate the processing of permits.<br />
4. Streamlining permitting requirements related to <strong>BPLS</strong>, (e.g., business name registration)<br />
from the DTI, SEC, or CDA and other sector permits (e.g., Bureau of Food and Drug<br />
Administration). There are efforts to automate and streamline the NGA processes. Indepth<br />
studies are needed to address the duplicative and extended processing time<br />
hampering the business sector.<br />
5. Streamlining inspection procedures for business enterprises, which has become part of<br />
the permitting process imposed by LGUs. While some of these procedures are mandated,<br />
others are local impositions that should be reviewed and streamlined. Inspection<br />
procedures are often duplicative, tedious, and disorganized and provide opportunities for<br />
corruption. DILG, with assistance from USAID’s LINC-EG, produced “<strong>Guide</strong>lines for a<br />
Business-Friendly Local Inspection System,” a manual that presents recommendations<br />
for improving the current inspection system associated with <strong>BPLS</strong>.<br />
Weak Support for Other <strong>BPLS</strong> Components<br />
The government program to scale up the streamlining of <strong>BPLS</strong> reforms focused on process reengineering,<br />
the first component of the program, that ensures compliance with the four standards<br />
for business registration processing (i.e., reduced steps, processing time, and signatures, and<br />
adoption of a unified application form). More definitive capacity building programs are needed<br />
for the other three components (i.e., computerization, institutionalization of reform, and better<br />
customer relations) as well as other support to <strong>BPLS</strong> reforms such as the setting up of business<br />
one-stop shops.<br />
In addition, many LGUs that have undertaken <strong>BPLS</strong> streamlining have expressed their intention<br />
to automate operations but need guidance on how to do so. The <strong>National</strong> <strong>Computer</strong> <strong>Center</strong> has<br />
prepared guidelines for <strong>BPLS</strong> computerization with an accompanying systems and base<br />
specification.<br />
Scaling Up <strong>BPLS</strong> Standards and Other Related Processes<br />
The <strong>BPLS</strong> reform program, including standards conceptualized in 2009-2010, can come closer<br />
still to the standards of ASEAN countries. Recently set standards should be reviewed and perhaps<br />
raised to the level of the more progressive ASEAN countries, especially in highly urbanized cities<br />
where the bulk of business enterprises reside in the Philippines.<br />
Weak Stakeholder Support for Local <strong>BPLS</strong> <strong>Reform</strong>s<br />
While business groups and LGU leagues at the national level have issued resolutions of support<br />
to the <strong>BPLS</strong> reform program, there is no concrete program to engage private business, especially<br />
local chambers of commerce, academia, and civil society in the program. Although some local<br />
chambers have sat in on <strong>BPLS</strong> technical working groups, there is no evidence that this practice is<br />
widespread in reform roll-out. Given the limited resources of the DTI and DILG, concentrating
A CCELERATING <strong>BPLS</strong> R EFORMS 35<br />
the abilities of academia, local research groups, and local chambers of commerce to assist LGUs<br />
with reforms will ensure sustainability of the programs. On the government side, not much is<br />
known about how much the <strong>BPLS</strong> Coordination Committees are doing in the targeted cities.<br />
4.2 NEXT STEPS<br />
While the government’s <strong>BPLS</strong> program has achieved successes, an immediate challenge is to<br />
accelerate adoption of <strong>BPLS</strong> by LCEs and to build on reform momentum by overcoming the<br />
challenges described above. Recommendations for moving forward are presented below.<br />
Accelerate the Scaling Up of <strong>BPLS</strong> <strong>Reform</strong>s<br />
Step up advocacy and marketing efforts for <strong>BPLS</strong> streamlining, and implement a concerted<br />
communication and advocacy program. Special attention should be given to the popularization of<br />
the service standards and the existence of the nationwide <strong>BPLS</strong> streamlining project among<br />
LCEs. This will show them that there is a “community of practice” to which they could belong.<br />
Furthermore, the following practical tasks should be undertaken:<br />
1. Assemble a corps of local champions by island groupings to be briefed and then<br />
mobilized to deliver talks in the LGUs in the region. Link these champions to the<br />
<strong>National</strong> Competitiveness Council, which will spearhead the campaign at the national and<br />
local level. DTI regional and provincial offices, in collaboration with the DILG, should<br />
identify local events where <strong>BPLS</strong> reform can be publicized in the next six months.<br />
Provide presentations on <strong>BPLS</strong> reform efforts in the meetings of municipal and city<br />
councils (Sanggunian), and distribute policy briefs to the LCEs and city/municipal<br />
council members.<br />
2. Organize the <strong>National</strong> Forum on Local Government around the theme of <strong>BPLS</strong> reform,<br />
showcasing successes and benefits. Success stories should highlight compliance with<br />
standards; and documents, data, and other evidence of enhanced LGU competitiveness<br />
should be cited. DILG regional offices, particularly the <strong>BPLS</strong> Coordination Committees,<br />
should organize roundtable discussions to replicate the national forum discussions.<br />
3. Integrate <strong>BPLS</strong> reforms into training courses and programs offered by the government,<br />
development partners, and the private sector. Examples are the courses on local economic<br />
development offered by the Local Government Support <strong>Program</strong> for Economic<br />
Development (LGSP-LED), the local and regional economic development (LRED)<br />
courses of GIZ, and the area business conferences of PCCI. Special events are<br />
encouraged, such as the celebration of the signing of the Local Government Code in<br />
October 2011, and the Annual Conference of <strong>National</strong> Competitiveness Council in<br />
December 2011.<br />
Incentivize <strong>BPLS</strong> <strong>Reform</strong>s<br />
A twin measure to the communication program is to “incentivize” <strong>BPLS</strong> reform so that it<br />
becomes a brand of good governance that LCEs want to have. <strong>BPLS</strong> reforms can be used as a<br />
qualifying criterion for the Performance Challenge Fund and a seal of good housekeeping. The<br />
incentive and award system should take into account the following:
36 <strong>BPLS</strong> R EFORM P ROGRAM G UIDE<br />
• Level of Impact. Evidence of the impact of the reform on enterprise development, poverty<br />
reduction, economic growth, and competitiveness.<br />
• Sustainability. Successful projects/programs that show clear signs of gaining<br />
independence from external financial, technical, or organizational inputs by donors.<br />
• Participation and Partnership. Efforts to engage and forge partnerships with stakeholders<br />
in implementing and sustaining reforms.<br />
• Coordination and Harmonization. Successful reform programs should demonstrate<br />
efforts to coordinate with and complement the work of other development partners (e.g.,<br />
donor agencies, governments, private sector agencies, civil society).<br />
• Local Government Performance Monitoring System. LGPMS, currently used as a<br />
monitoring tool in DILG’s Performance Challenge Fund, can be reviewed to explore how<br />
it can be used in advocating <strong>BPLS</strong> reform.<br />
Establish a <strong>National</strong> Standard for Inspection Policies<br />
Unresolved issues of national policy have delayed the implementation of <strong>BPLS</strong>. These issues<br />
pertain to fire safety inspection, the inspection processes required by the LGUs, and the<br />
organization of joint inspection teams. The DILG study on the setting up of business-friendly<br />
local inspection systems should be reviewed and recommendations presented to the appropriate<br />
committees, especially the <strong>BPLS</strong> Oversight Committee.<br />
Strengthen Local <strong>BPLS</strong> Institutional Mechanisms<br />
At the local level, the Joint Department Administrative (JDAO) of August 6, 2010 called for the<br />
organization of a local counterpart for the <strong>BPLS</strong> Oversight Committee, the <strong>BPLS</strong> Coordination<br />
Committee, but with a different organizational structure. The order stipulated that the regional<br />
directors of DILG and DTI co-chair the committee with membership from the local chambers, the<br />
LGUs, and academia. There is a need to track whether or not <strong>BPLS</strong> coordination committees are<br />
being set up and harnessed in instituting <strong>BPLS</strong> reform.<br />
Establish an Accreditation Scheme for Trainers<br />
The LGA is developing an accreditation scheme and is considering local business colleges and<br />
universities to become certified service providers; it is working out an accreditation scheme for<br />
future service providers.<br />
Enhance the Monitoring and Evaluation of <strong>BPLS</strong> reforms<br />
Tracking progress, measuring outcomes and impacts on national competitiveness, and detecting<br />
implementation issues and policy bottlenecks requires methodical monitoring. It is important to<br />
check whether or not BPL systems are meeting service standards. Success stories and good<br />
practices are best documented through a systematic monitoring system. The DILG and DTI must<br />
hold dialogues with the Philippine Chamber of Commerce and Industry (PCCI), the LGUs, and<br />
local chambers of commerce to identify what the business sector can do in monitoring and<br />
sustaining the reforms, particularly in collecting and channeling feedback to the LGUs.
A CCELERATING <strong>BPLS</strong> R EFORMS 37<br />
Monitoring and evaluation processes must check compliance with <strong>BPLS</strong> standards, and analyze<br />
constraints on the roll out process. A comparative study of unsuccessful LGUs, successful LGUs,<br />
and “backsliders” (i.e. those that initially rolled out but were unable to sustain their reform<br />
initiatives) could provide insight on the sustainability of <strong>BPLS</strong> streamlining.
References<br />
The Asia Foundation. 2008. Transparent Accountable Governance Project: End of the Project<br />
Report. Available at http://pdf.usaid.gov/pdf_docs/PDACL328.pdf<br />
Asian Institute of Management Policy <strong>Center</strong>. 2009. Cities and Enterprises, Competitiveness and<br />
Growth. In Philippine Cities Competitiveness Ranking Project Report (PCCRP). Asian<br />
Institute of Management Policy <strong>Center</strong>.<br />
Hauerstein, Kai and Leo Emmanuel. 2009. Upscaling the Streamlining of Business Permits and<br />
Licensing System (<strong>BPLS</strong>) Model Joint Study. Makati City: Philippines. GTZ Private Sector<br />
Promotion <strong>Program</strong> (SMEDSEP). Available at<br />
http://www.smedsep.ph/Download/<strong>BPLS</strong>_upscaling_mission.pdf<br />
International Finance Corporation (IFC) and The World Bank (WB). 2010. Doing Business 2011:<br />
Making a Difference for Entrepreneurs. Washington, DC.: The World Bank Group. Available<br />
at http://www.doingbusiness.org/reports/global-reports/doing-business-2011<br />
-------. 2010. Doing Business in the Philippines 2011. Washington, DC.: The World Bank Group.<br />
Available at http://www.doingbusiness.org/reports/subnational-reports/philippines<br />
Joint Foreign Chambers of Commerce in the Philippines. 2010. Arangkada Philippines 2010:<br />
Business Perspective. Available at http://www.investphilippines.info/arangkada/home.php<br />
LINC-EG. <strong>BPLS</strong> Inspections <strong>Guide</strong>: A <strong>Guide</strong>book for Local Governments on the Conduct of<br />
Business Friendly Inspections. Nathan Associates, Inc. for USAID.<br />
Local Government Academy. 2011. Nationwide Streamlining of Business Permits and Licensing<br />
System (<strong>BPLS</strong>) in the Philippines. http://www.lga.gov.ph/bpls<br />
Luz, Guillermo. 2011. NCC Press Release 8 June 2011. <strong>National</strong> Competitiveness Council<br />
Philippines. Available at<br />
http://www.competitive.org.ph/files/downloads/NCC_Press_Release_2_06-08-2011.pdf<br />
Macapagal-Arroyo, Gloria. 2001. First State of the Union Address. Available at<br />
http:/www.gov.ph/2001/07/23/gloria-macapagal-arroyo-first-state-of-the-nation-address-july-<br />
23-2001/
40 <strong>BPLS</strong> R EFORM P ROGRAM G UIDE<br />
Organisation for Economic Co-operation and Development (OECD). 2005/2008. Paris<br />
Declaration for Aid Effectiveness and the ACCRA Agenda for Action. Available at<br />
http://www.oecd.org/dataoecd/11/41/34428351.pdf<br />
Pilarca, Rita. 2008. Cutting Red Tape, Boosting Business: The NERBAC in Cebu. Manila,<br />
Philippines.: GTZ Private Sector Promotion <strong>Program</strong> (SMEDSEP). Available at<br />
http://www.smedsep.ph/Download/NERBACRDv74Nov08.pdf<br />
World Economic Forum. 2010. Global Competitiveness Report 2010-2011. Edited by Klaus<br />
Schwab. Geneva: World Economic Forum.
Appendix A. <strong>BPLS</strong> Unified Form
A - 2 A PPENDIX A
Appendix B. Assessing<br />
Business Processes<br />
The first step to computerizing <strong>BPLS</strong> is for the LGU to arrive at a clear understanding of the<br />
operating environment that will be computerized. The assessment of business processes is<br />
intended to help the LGU establish a baseline of current processes and the level of effort required<br />
to bring its processes into compliance with the JMC standards.<br />
There are many approaches to analyzing the current LGU system for business registration. In the<br />
<strong>BPLS</strong> manual prepared by the Local Government Academy, there are basically three steps<br />
involved in the analysis: (1) preparing the current <strong>BPLS</strong> process table, (2) conducting the <strong>BPLS</strong><br />
process assessment, and (3) formulating an action plan for <strong>BPLS</strong> reforms.<br />
PREPARING THE <strong>BPLS</strong> PROCESS TABLE<br />
As an initial step in diagnosing the current <strong>BPLS</strong> in an LGU, the <strong>BPLS</strong> Streamlining Team<br />
should document answers to diagnostic questions in the Process Table (see Table B-1).<br />
ASSESSING THE <strong>BPLS</strong> PROCESS<br />
After the process table is complete, the current <strong>BPLS</strong> process is analyzed in comparison with<br />
established standards using Table B-2. The processes or areas of concerns (i.e. number of steps,<br />
number of documents required, number of signatories and processing time) are listed in Column<br />
I. For each area or concern the existing practice, the benchmark/standards, the gap between actual<br />
practices and established standards are listed in the following three columns. For each identified<br />
gap, the areas of reform and the strategies of putting those reforms in place have to be indicated.<br />
In documented best practices, the <strong>BPLS</strong> reform strategies are typically geared towards<br />
simplifying the processes to meet the standards (i.e., proper sequencing of the steps; setting-up<br />
business one-stop-shop as common venue of <strong>BPLS</strong> transactions; making the joint inspection team<br />
work; running information, education and communication campaigns; modernizing <strong>BPLS</strong><br />
technology; building capacity of staff; and setting the legal framework in institutionalizing<br />
<strong>BPLS</strong>). These are gaps and areas for reform that are brought forward to the next stage of analysis.
B - 2 A PPENDIX B<br />
Table B-1<br />
<strong>BPLS</strong> Process Table Template and Diagnostic Questions for Analyzing the <strong>BPLS</strong> Process<br />
PROCESS TABLE<br />
Description Input Process Output<br />
Question Column<br />
1. What steps does the applicant need to take to apply for registration? 1 and 2<br />
2. What is the purpose (legal basis) of each step? 3<br />
3. What documents does the applicant need to submit for every step? 4, 5<br />
4. What is the cost for each requirement in the step? 6<br />
5. In what office does the applicant accomplish the step? Where is it located (incl. floor number)? 7, 8<br />
6. Excluding the applicant, how many persons from each office are involved in processing the step? 9<br />
7. What activities or tasks are the persons in the office doing in processing the step? 10<br />
8. How long (at the minimum, in minutes) does it take an applicant to walk to each office? How<br />
long does s/he have to wait in line for an LGU staff member from whom something is needed (e.g.,<br />
line number)? How long did it take for the LGU to process the transaction?<br />
9. What does the applicant get (document or information) from the step? 12<br />
Table B-2<br />
<strong>BPLS</strong> Process Assessment Template<br />
Areas of<br />
Concerns<br />
Steps<br />
Documents<br />
Signatory<br />
Time<br />
Step<br />
No.<br />
Name<br />
of the<br />
Step<br />
Purpose No. of<br />
Forms<br />
(I) (II) (III) (IV) (V)<br />
Existing<br />
Practice<br />
Documents<br />
Required<br />
Benchmark/<br />
Standards<br />
Cost Office Location No. of<br />
Signatories<br />
Identified<br />
Gaps<br />
Areas of<br />
<strong>Reform</strong>s<br />
Action Time to<br />
Process<br />
(1)<br />
1<br />
2<br />
3<br />
4<br />
5<br />
6<br />
7<br />
Total<br />
(2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)<br />
Output<br />
11<br />
<strong>Reform</strong><br />
Strategy
A SSESSING B USINESS P ROCESSES B - 3<br />
PREPARING THE ACTION PLAN<br />
The format for preparing the action plan is shown in Table B-3, which draws from the <strong>BPLS</strong><br />
reform strategies formulated in the assessment table above. The first step in preparing the action<br />
plan is to lift the strategies from the assessment table. As this is done, each activity in the second<br />
column should be categorized according to its schedule of implementation (i.e., one month, one<br />
quarter, one semester). In addition, it is important to identify units/persons responsible for<br />
implementing the activities, as well as the amount and type of resources and support needed to<br />
pursue the strategy.<br />
Table B-3<br />
<strong>BPLS</strong> <strong>Reform</strong> Action Plan Template<br />
<strong>Reform</strong><br />
Strategy<br />
List from<br />
previous<br />
exercise<br />
according to<br />
timetable.<br />
Immediate –<br />
within 1 month<br />
Short-term –<br />
1 quarter<br />
Medium-term -<br />
1 semester<br />
Long-term<br />
Specific<br />
Activity<br />
What steps<br />
to take?<br />
Expected<br />
Results<br />
What will<br />
result from<br />
the steps?<br />
Date of<br />
Implementation<br />
When are activities<br />
to be done?<br />
Responsible<br />
Unit/Person<br />
Who is on top?<br />
For whom<br />
activities are<br />
done?<br />
Resources<br />
Needed<br />
What are the<br />
inputs are<br />
needed?<br />
The business process assessment activity is complete when the LGU is able to provide the<br />
following items in detail:<br />
Support<br />
Needed<br />
What<br />
internal/external<br />
supports to do this?<br />
• The number of steps required by the LGU to process a new business permit and the<br />
number of process steps that need to be reduced to comply with the JMC.<br />
• The number of steps required by the LGU to process a business permit renewal and the<br />
number of process steps that need to be reduced to comply with the JMC.<br />
• The average number of days of processing from application to the issuance of a business<br />
permit, the requirements to comply with the 10-day limit prescribed by the JMC for new<br />
business applications and business renewals, respectively, and the documented reasons<br />
behind the current BPLO operations that promote/inhibit the ability of the BPLO to<br />
comply with the standards.<br />
To reduce the number of process steps in compliance to the <strong>BPLS</strong>-JMC, the LGU needs to review<br />
the following areas related to business registration:<br />
• The number of forms containing redundant data or data that is repeatedly entered (such as<br />
personal information) in every form.
B - 4 A PPENDIX B<br />
• The amount of non-related data reflected on the registration form that will require<br />
additional processing (recording, routing, or filing).<br />
• The means and efficiency of communication between the BPLO and other agencies and<br />
departments along with the effectiveness of Inspection Teams.<br />
• The ordinances that hamper efficient processing of business registration by affecting the<br />
number of signatures (and signatories) that need to be secured for the LCE to approve an<br />
application.
Appendix C. Milestones in the<br />
<strong>BPLS</strong> <strong>Reform</strong>s <strong>Program</strong><br />
Year Milestones Outputs<br />
2011 • Ongoing studies for <strong>BPLS</strong> computerization<br />
• Studies on Joint Inspection commissioned by LINC-EG (August<br />
2011)<br />
• Study on Communication <strong>Program</strong> and Advocacy Strategy<br />
commissioned by LINC-EG (August 2011)<br />
• 3 rd meeting of the <strong>BPLS</strong> Oversight Committee at Fraser Place,<br />
Makati City on 30 March 2011<br />
• GIZ commissioned study to draw up a Business Model: Moving<br />
<strong>BPLS</strong> Forward<br />
• Preparation of Help Desk and Website<br />
2010 • Performance standards for business registration processes were<br />
publicly announced during the <strong>BPLS</strong> Upscaling Project on 6<br />
August 2010 by the Secretaries of DILG and DTI.<br />
• Signing of Memorandum of Agreement (MOA) between DTI and<br />
DILG on the organization of the Sub-working Group on Local<br />
Investment <strong>Reform</strong>s (LIR);<br />
• Joint Memorandum Circular (JMC) No. 1 between DTI and DILG<br />
setting the <strong>Guide</strong>lines in Implementing the Standards in Processing<br />
Business Permits and Licenses in All Cities and Municipalities<br />
• Joint DILG-DTI Administrative Order No. 1 on <strong>Guide</strong>lines in<br />
Implementing the Nationwide Upscaling of <strong>Reform</strong>s in Processing<br />
Business Permits and Licenses in All Cities and Municipalities.<br />
• August 2010 GTZ supported the public launch of the <strong>BPLS</strong><br />
Upscaling project and the conduct of seven (7) Training of<br />
Trainers (TOT) workshops at CAR, Regions 1, 2, 6, 7, 8 and<br />
CARAGA.<br />
2009 • GTZ assisted LGUs in the Visayas to upscale the <strong>BPLS</strong><br />
streamlining.<br />
Website; FAQ and the webbased<br />
helpline to assist in the<br />
coaching process for the roll<br />
out of <strong>BPLS</strong> reforms. (2010)<br />
Policy issuance: Standards<br />
officially adopted with JMC 01,<br />
Series 2010<br />
.<br />
• A manual of standards and a<br />
TOT manual (2009) –<br />
supported by AECID<br />
• Regional action plans for the<br />
roll out of the <strong>BPLS</strong><br />
streamlining reforms.
C - 2 A PPENDIX C<br />
Year Milestones Outputs<br />
2008 • GTZ developed a good practice model and published Toolkit<br />
Simplifying Business Permit and Licensing Process of Local<br />
Government<br />
• GTZ, through the PSP/SMEDSEP and the DP, commissioned a<br />
study in September 2008 to develop, apply and replicate a model<br />
on how to streamline <strong>BPLS</strong> in the Visayas. This was to come up<br />
with a workable and sustainable mechanism to upscale the <strong>BPLS</strong><br />
model for wider outreach, better impact, and improved<br />
sustainability.<br />
• Replication of the model in Region 7, covering 12 LGUs<br />
• IFC project on Regulatory Simplification started in four cities:<br />
Mandaluyong, Manila, Marikina and Quezon City<br />
• Discussion on the proposed single registration form for SSS,<br />
PhilHealth, and Pag-ibig; 13 LGUs in Cebu signed up for capacity<br />
building for the latter<br />
2007 • Streamlining <strong>BPLS</strong> in the municipalities of Barili and Consolacion<br />
as pilot areas in Region 7 with GTZ support<br />
• Replication of the streamlining <strong>BPLS</strong> model to other LGUs in<br />
Region 6 and Region 8 (GTZ)<br />
2006 • Continuation of the Pilot <strong>BPLS</strong> streamlining in the cities of Ormoc<br />
(Region 8), Bacolod (Region 6), and Palompon (Region 8).<br />
2005 • <strong>BPLS</strong> streamlining in the pilot cities of Ormoc (Region 8),<br />
Bacolod (Region 6), and Palompon (Region 8)<br />
2004 • GTZ-Private Sector Promotion program (PSP), in cooperation with<br />
DTI, starts streamlining <strong>BPLS</strong> in the pilot cities of Ormoc (Region<br />
8), Bacolod (Region 6), and Palompon (Region 8). The pilot was<br />
held from December 2004 to April 2006 in various municipalities.<br />
2003 • Malacanang Memorandum Order No. 117 (September 15)<br />
• Local authorities tasked with simplifying and rationalizing their<br />
civil application systems with support from the Secretary of DILG<br />
and DTI in facilitating the streamlining of procedures in the<br />
issuance of permits and licenses.<br />
2002 • Provincial governors of Region 3 sign covenant; 8 LGU cities<br />
initiate <strong>BPLS</strong> reforms<br />
• The Asia Foundation’s Project on Transparency and Accountable<br />
Governance in Mindanao<br />
2001 • Region 3 <strong>BPLS</strong> Initiative sponsored by the Central Luzon Growth<br />
Corridor Foundation Inc.<br />
• Simplifying Business Permit<br />
and Licensing Process of<br />
Local Governments: A<br />
Toolkit (2008)<br />
• Launched two manuals on<br />
<strong>BPLS</strong> toolkit and Towards<br />
One <strong>BPLS</strong><br />
Streamlining Business<br />
Registration in LGUs (2006)<br />
<strong>Reform</strong>s initiated in Visayas<br />
Policy issuance<br />
Covenant<br />
Funding pool