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[ ADMINISTRATIVE ORDER NO. 38, May 17, 2013 ]


WHEREAS,  the Ease of Doing Business (EODB) Report of the World Bank International Finance Corporation (IFC) measures and focuses on the regulations relevant to the life cycle of small and medium-scale businesses;

WHEREAS,  the Doing Business Survey (DBS) of the IFC measures and tracks changes in business regulations across ten (10) indicators, namely: starting a business; dealing with construction permits; getting electricity; registering property; getting credit; protecting investors; paying taxes; trading across borders; enforcing contracts; and resolving insolvency;

WHEREAS,  there is a need to improve on the Philippine ranking in the DBS which has essentially remained unchanged for the last three (3) years.

WHEREAS,  following its mandate to promote, develop, and execute national competitiveness strategies, the National Competitiveness Council (NCC) has designed the Gameplan for Competitiveness to raise Philippine competitiveness rankings;

WHEREAS,  the Economic Development Cluster (EDC) has endorsed the National Competitiveness Council’s Gameplan for Competitiveness; and,

WHEREAS,  there is a need to create an inter-agency Task Force to ensure the full implementation of the Gameplan for Competitiveness, which has set reform targets per agency or office of government.

NOW, THEREFORE, I, BENIGNO S. AQUINO III,  President of the Philippines, by virtue of the powers vested in me by law, do hereby order the following:

SECTION 1. Creation and Composition.  There is hereby created an inter-agency Task Force on Ease of Doing Business (EODB Task Force) to ensure the implementation of the Gameplan for Competitiveness and to improve the Philippine ranking in the DBS. The EODB Task Force shall be chaired by the Secretary of Trade and Industry, and shall be composed of representatives from the following:

National Competitiveness Council (NCC)
Department of Finance (DOF)
Department of the Interior and Local Government (DILG)
Department of Justice (DOJ)
Bureau of Internal Revenue (BIR)
Bureau of Customs (BOC)
Land Registration Authority (LRA)
Credit Information Corporation (CIC)
Securities and Exchange Commission (SEC)
Social Security System (SSS)
Home Development Mutual Fund (HDMF)
Philippine Health Insurance Corporation (PHIC)

The EODB Task Force may invite concerned Local Government Units (LGUs), private and public institutions to participate, complement and assist in the implementation of the Gameplan for Competitiveness.

SECTION 2. Functions, Duties, and Responsibilities.  The EODB Task Force shall undertake the following:

a. Review and develop policies, programs, and guidelines to ensure the proper implementation of the Gameplan for Competitiveness;

b. Re-evaluate and take the necessary measures to achieve targets set for 2013, and finalize the 2014-2015 targets and those of succeeding years;

c. Recommend to the President the issuance of the appropriate measures to promote transparency and efficiency in business practices;

d. Implement various EODB reform initiatives aimed at improving the ranking of the Philippines in all ten (10) indicators and the overall Philippine ranking in the IFC DBS;

e. Coordinate with the appropriate agencies for the inclusion of the targets set by the EODB Task Force in the performance targets of the concerned departments and agencies in their respective performance-based incentive systems;

f. Organize the necessary EODB teams to ensure the effective and efficient implementation of the Gameplan for Competitiveness;

g. Monitor and evaluate the proper implementation of programs and policies; and,

h. Perform such other functions as may be necessary or as may be directed by the President for the successful implementation of this Administrative Order (AO).

SECTION 3. Support to EODB Task Force.  All departments, agencies, and instrumentalities of government, including government-owned or -controlled corporations (GOCCs), are hereby directed to give support, assistance and cooperation to the EODB Task Force in order to accomplish the targets provided in the Gameplan for Competitiveness.

SECTION 4. Funding.  The member-agencies of the Task Force are hereby authorized to charge against their current appropriations such amounts as may be necessary for the implementation of this AO, subject to the usual government budgetary accounting and auditing rules and regulations. Subsequent funding requirements shall be incorporated in the annual budget proposals of the respective member-agencies.

SECTION 5. Reporting.  The EODB Task Force shall, within sixty (60) days from the issuance of this AO and every six (6) months thereafter, submit a report to the Office of the President, through the Economic Development Cluster.

SECTION 6. Separability Clause.  Should any provision of this AO be declared invalid or unconstitutional, the other provisions not affected thereby shall remain valid and subsisting.

SECTION 7. Repealing Clause.  All orders, issuances, rules and regulations, or parts thereof, inconsistent with this AO, are hereby repealed, amended, or modified accordingly.

SECTION 8. Effectivity.  This AO shall take effect immediately.

DONE,  in the City of Manila, this 17th day of May, in the year of Our Lord Two Thousand and Thirteen.


President of the Philippines

By the President:

Executive Secretary

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