In the dictionary of government service, there is perhaps no word more destructive to progress than “indefinitely.” When a system stalls or when a processing unit ceases to function without a clear date of restoration, it is not merely a technical glitch; it is a suspension of service, of responsibility, of accountability to the public. And this is unacceptable.
Take the case of Alien Employment Permit (AEP) applications, which have reached this critical threshold. An advisory issued by the Department of Labor and Employment (DoLE) dated March 3 noted that the upgrading of the Alien Employment Permit Management System (AEPMS) is still “ongoing,” and that its “temporary inoperability” is “extended until further notice.”
The unkindest cut, of course, is this: “At present, there is no definitive timeline as to when the system will fully regain its functionality.” For now, all that DoLE can offer is its sincere apologies for any “inconvenience,” as it “respectfully requests understanding and cooperation” from the public.
No mention of alternatives or options, or any possible temporary workaround for applications already in process or those that are time-bound. I am uncertain as to when the upgrading process started, but in my book, an indefinite suspension of any government process or service is simply unacceptable. At the very least, give the public an idea of when the service will be restored.
By allowing essential public services to halt without a predictable timeline, the government is inadvertently sending a message to the global community: we are not open for business. And obviously, this adversely impacts any effort to attract more foreign investments or to invite foreign experts to work here.
The AEP process has always been long and tedious, and for good reason. The government needs to protect local workers. But this present suspension is catastrophic for some, as the AEP is the foundational requirement for any foreign national seeking to work in the Philippines for more than six months.
In sequence, we start with a Labor Market Test (LMT). The employer must publish the vacancy to ensure no Filipino is willing or able to do the job. Then comes the AEP application, with the foreign national applying through DoLE. Once the AEP is issued, the Bureau of Immigration can process the work visa, known as the 9(g) visa.
So, when the AEP system halts, the entire sequence collapses. Foreign experts cannot secure visas, multinational corporations cannot onboard leadership, and critical projects in specialized sectors, from cloud computing to infrastructure, grind to a stop. This stalled system is not just a delay; it is a total blockade on the entry of foreign expertise.
At the same time, the suspension of processing periods, whether at DoLE or elsewhere, is a direct challenge to Republic Act No. 11032, or the Ease of Doing Business and Efficient Government Service Delivery Act of 2018. This is the expanded Anti-Red Tape Authority (ARTA) law.
ARTA was enacted specifically to end the era of delayed governance. It established the 3-7-20 rule: three days for simple transactions, seven days for complex ones, and 20 working days for highly technical applications. AEP processing, given the economic needs test and document verification involved, likely falls under the highly technical category.
Under ARTA rules, government agencies are mandated to have a Citizen’s Charter that outlines exactly how long a process takes. While system downtime is a reality, when an agency says “no definitive timeline,” as in the case of AEPMS, then I believe DoLE is operating outside the spirit, and potentially the letter, of the law.
The law requires government initiatives to be planned, predictable, and accountable. If a digital system is being upgraded, there must be a defined “Go-Live” date, and the public must be informed. “No definitive timeline” is not only the antithesis of accountability, but it is also the height of irresponsibility.
Data from 2024 highlights the scale of what is at stake. According to the Bureau of Local Employment, the DoLE issued over 60,000 job permits to foreign nationals that year. These are not low-level roles; the majority were for highly technical positions such as cybersecurity analysts, network engineers, and specialized consultants.
If 60,000 workers are the annual baseline, even a one-month stall affects roughly 5,000 high-value professionals. These are individuals whose expertise drives the foreign direct investment the Philippines courts. When a multinational tech giant or a manufacturing conglomerate sees that their CTO or Lead Engineer is stuck in a stalled system with no deadline, they can opt to move their operations to Vietnam, Thailand, or Malaysia.
Any robust system, especially one involving the regulation of labor and commerce, must have contingencies. The move toward digital transformation is commendable, but any e-government initiative should enhance service, not provide an excuse for its absence. If the AEPMS is down, there must be a manual fallback.
Public service is a continuous obligation. The government cannot simply close a necessary regulatory pathway because its software is undergoing maintenance or upgrading. For an applicant, a “system error” message is not an acceptable reason for a company to lose millions in missed milestones or for a family to be left in legal limbo regarding their residency status.
A well-planned government initiative should include predictable deadlines. Maintenance or upgrades must have a start and end date communicated clearly to the public. At the same time, there should be interim alternatives. While the system is being fixed, a manual system must remain open. And the public will require regular updates on the number of backlogged applications and the specific technical hurdles being faced.
There is so much uncertainty now in the global economy. The Philippines is in a fierce competition for capital and global talent. It is imperative that we position the country as efficient, streamlined, and tech-forward. Stalled permits and open-ended delays create a credibility gap.
The public, including foreign investors, value predictability above almost all else. They can handle high taxes or strict regulations if they are consistent. Even corruption can be factored in, as long as it is predictable. What people cannot handle is the unknown. We are essentially telling the world that our bureaucracy is so fragile that a server update can paralyze our labor market.
The Anti-Red Tape Authority must step in to ensure that DoLE and other agencies adhere to the 20-day maximum for technical processing, regardless of digital upgrading or maintenance. Public service is not a favor granted by the state. It is a mandate that cannot be simply suspended indefinitely.
Marvin Tort is a former managing editor of BusinessWorld, and a former chairman of the Philippine Press Council.
matort@yahoo.com
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