Do ministries or regulatory agencies develop forward regulatory plans – that is, a public list of anticipated regulatory changes or proposals intended to be adopted/implemented within a specified time frame?
Yes, throughout government
The Philippine Development Plan 2017-2022 provides information on new regulatory goals and practices. For example: it discusses several new bills that would streamline rule making like (1) Expanded Anti-Red Tape Act; (2) Ease of Doing Business Act; and (3) An Act Establishing a National Policy on Ease of Doing Business.
Are these plans available to general public?
Yes
The Philippines Development Plan 2017-2022 is accessible on the website (http://pdp.neda.gov.ph/), and is also distributed in print.
Do ministries or regulatory agencies publish the text or summary of proposed (not yet adopted) regulations before their enactment?
Do ministries or regulatory agencies have the legal obligation to publish the text of proposed regulations before their enactment?
Yes, throughout government
Section 9: Public Participation -
(1) If not otherwise required by law, an agency shall, as far as practicable, publish or circulate notices of proposed rules and afford interested parties the opportunity to submit their views prior to the adoption of any rule.
(2) In the fixing of rates, no rule or final order shall be valid unless the proposed rates shall have been published in a newspaper of general circulation at least two (2) weeks before the first hearing thereon.
(3) In case of opposition, the rules on contested cases shall be observed.
Is the entire text of the proposed draft published?
Yes, in some ministries/regulatory agencies only
Is there a period of time set by law for the text of the proposed regulations to be publicly available?
No
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Do ministries or regulatory agencies solicit comments on proposed (not yet adopted) regulations from the general public?
Yes, in some ministries/regulatory agencies only
The law requires public officials to conduct consultations wherever they deem appropriate. Since it is not mandatory, only some agencies follow through. However, the House of Representatives and the Senate conduct public hearings on proposed legislations regularly.
Section 4 (e) of Republic Act No. 6713 states:
Responsiveness to the public - Public officials and employees shall extend prompt, courteous, and adequate service to the public. Unless otherwise provided by law or when required by the public interest, public officials and employees shall provide information of their policies and procedures in clear and understandable language, ensure openness of information, public consultations and hearings whenever appropriate, encourage suggestions, simplify and systematize policy, rules and procedures, avoid red tape and develop an understanding and appreciation of the socio-economic conditions prevailing in the country, especially in the depressed rural and urban areas.
How are the comments received?
On the website of the relevant ministry or regulator; through public meetings; through targeted outreach to stakeholders, such as business association...
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On the website of the relevant ministry or regulator; through public meetings; through targeted outreach to stakeholders, such as business associations or other groups.
Is the rulemaking body required by law to solicit these comments on proposed regulations?
Yes
Section 4 (e) of Republic Act No. 6713 states:
Responsiveness to the public - Public officials and employees shall extend prompt, courteous, and adequate service to the public. Unless otherwise provided by law or when required by the public interest, public officials and employees shall provide information of their policies and procedures in clear and understandable language, ensure openness of information, public consultations and hearings whenever appropriate, encourage suggestions, simplify and systematize policy, rules and procedures, avoid red tape and develop an understanding and appreciation of the socio-economic conditions prevailing in the country, especially in the depressed rural and urban areas.
Is there a specialized government body or department tasked with soliciting and receiving these comments?
No
Do ministries or regulatory agencies report on the results of the consultation on proposed regulations?
No
How does the government report on the results of the consultation?
n/a
Where does the government report on the results of the consultation?
n/a
Is reporting on the results of the consultation required by law?
No
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Do ministries or regulatory agencies conduct an impact assessment of proposed (not yet adopted) regulations?
No
Regulatory agencies can conduct Regulatory Impact Assessment (RIA) for proposed legislation. But there is no specific government agency/body that has the mandate for conducting impact assessment of proposed regulations. Currently, the standard cost model is being studied to quantify the administrative burdens on policies.
Are there criteria used for determining which proposed regulations are subjected to an impact assessment?
No
Are there any specific regulatory impact assessment guidelines?
No
Are impact assessments required by law?
No
Are impact assessment made publicly available?
No
How is this assessment distributed?
n/a
When is this assessment distributed?
n/a
Is there an obligation for regulators to consider alternatives to proposed regulation?
No
Is there a specialized government body tasked with reviewing and monitoring regulatory impact assessments conducted by other individual agencies or government bodies?
No
Please provide the name of this government body, and explain its functions.
n/a
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Are the laws that are currently in effect available in a single place?
Yes
How are the laws that are in force accessed?
On a unified website managed by the government On a unified website managed by the private sector Printed in an official gazette / journal or ot...
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On a unified website managed by the government On a unified website managed by the private sector Printed in an official gazette / journal or other publication
The Official Gazette created by decree of Act No. 453 and Commonwealth Act No. 638 can be either accessed online (http://www.officialgazette.gov.ph), or in print.
Are the secondary regulations that are currently in effect codified and available in a single place?
Yes
Are these websites or registries updated regularly?
Yes
Can these websites or registries be accessed by the public free of charge?
Yes
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Do ministries or regulatory agencies conduct ex-post reviews?
No
There is no general rule but there may be some agencies that conduct ex-post reviews.
Are there any criteria for which regulations are subject to ex-post reviews?
No
What specific approaches are used by your government?
n/a
Are ex-post reviews required by law?
No
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Can affected parties request reconsideration or appeal adopted regulations to the relevant administrative agency?
Yes
When appealing against adverse regulatory decisions, which options are typically available to affected parties?
Administrative review by the regulatory body
Concerns of relevant parties may be considered in future amendments of the law.
Is there any existing requirement that regulations be periodically reviewed to see whether they are still needed or should be revised?
