FIXERS IN GOVERNMENT AGENCIES

Republic Act 9485, or the "Anti-Red Tape Act of 2007", was amended in 2018 by Republic Act 11032, which re-named the old law as the "Ease of Doing Business and Efficient Government Service Delivery Act of 2018".

A FIXER is defined by Section 4 of RA 9485, as amended by RA 11032, as follows:

"(e) Fixer – any individual whether or not officially involved in the operation of a government office or agency who has access to people working therein, and whether or not in collusion with them, facilitates speedy completion of transactions for pecuniary gain or any other advantage or consideration;"

Section 21 (h) of the law declares "FIXING and/or COLLUSION WITH FIXERS in consideration of economic and/or other gain or advantage" as prohibited and punishable acts.

Section 21 (Violations and Persons Liable)
and Section 22 (Penalties and Liabilities) of the law read as follows:

"Sec. 21. Violations and Persons Liable. – Any person who performs or cause the performance of the following acts shall be liable:

"(a) Refusal to accept application or request with complete requirements being submitted by an applicant or requesting party without due cause;

"(b) Imposition of additional requirements other than those listed in the Citizen’s Charter;

"(c) Imposition of additional costs not reflected in the Citizen’s Charter;

"(d) Failure to give the applicant or requesting party a written notice on the disapproval of an application or request;

"(e) Failure to render government services within the prescribed processing time on any application or request without due cause;

"(f) Failure to attend to applicants or requesting parties who are within the premises of the office or agency concerned prior to the end of official working hours and during lunch break;

"(g) Failure or refusal to issue official receipts; and

"(h) Fixing and/or collusion with fixers in consideration of economic and/or other gain or advantage."

"Sec. 22. Penalties and Liabilities. – Any violations of the preceding actions will warrant the following penalties and liabilities.1âwphi1

"(a) First Offense: Administrative liability with six (6) months suspension: Provided, however, That in the case of fixing and/or collusion with fixers under Section 21(h), the penalty and liability under Section 22(b) of this Act shall apply.

"(b) Second Offense: Administrative liability and criminal liability of dismissal from the service, perpetual disqualification from holding public office and forfeiture of retirement benefits and imprisonment of one (1) year to six (6) years with a fine of not less than Five hundred thousand pesos (P500,000.00), but not more than Two million pesos (P2,000,000.00).

"CRIMINAL LIABILITY shall also be incurred through the commission of bribery, extortion, or when the violation was done deliberately and maliciously to solicit favor in cash or in kind. In such cases, the pertinent provisions of the Revised Penal Code and other special laws shall apply."

Further, on the matter of CIVIL AND CRIMINAL LIABILITY, Section 23 of the law provides:

"Sec. 23. Civil and Criminal Liability, Not Barred.- The finding of administrative liability under this Act SHALL NOT BE A BAR to the filing of criminal, civil or other related charges under existing laws arising from the same act or omission as herein enumerated."

Section 24 of the law vests the ADMINISTRATIVE JURISDICTION on violations of the law either on the CIVIL SERVICE COMMISSION (CSC) or the OFFICE OF THE OMBUDSMAN. It reads as follows:

"Sec. 24. Administrative Jurisdiction. – The administrative jurisdiction on any violation of the provisions of this Act shall be vested in either the CSC, or the Office of the Ombudsman as determined by appropriate laws and issuances."

RA 11032 - https://lawphil.net/statutes/repacts/ra2018/ra_11032_2018.html

News - https://newsinfo.inquirer.net/1717967/lto-fixer-in-antique-faces-24-arrest-warrants-total-bail-at-p1-29-m