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THIRTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
FIRST REGULAR SESSION 
1 
INTRODUCED BY SENATOR JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
Social work is such that it requires a comprehensive framework which provides a 
work safeguards for all social workers. The government must address the living and 
working conditions of social workers primarily because most developmental projects 
and programs rely on their manpower and expertise, With this in mind, defining a 
Magna Carta of Social Workers is imperative in ensuring that the rights of these service- 
oriented individuals are protected. 
The proposed Magna Carta contains specific measures on the social workers' 
proper compensation, qualifications, benefits and all other provisions deemed 
necessary in creating and preserving a working environment conducive to social work. 
The extent to which the state depends on effective social work is a very important fact to 
consider in reviewing this proposal. Over the years, social workers have undoubtedly 
played a significant role in ensuring that members of the community maintain and 
develop their social functions. It is high-time that their contributions to society be 
recognized through the creation of the Magna Carta for Social Workers. 
Passage of this bill is earnestly sought. 
EJERCITO ESTRADA 
Senator 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
SENATE 
.
I
 
Introduced by SENATOR SINGGOY EJERCITO ESTRADA 
AN ACT 
PROVIDING FOR A MAGNA CARTA OF SOCIAL WORKERS" 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION I. Title. - This Act shall be known as the "Magna Carta of Social 
Workers of 2004." 
SECTION 2. Declaration of Policy..-The State shall promote and improve the 
social and economic well-being of social workers, their living and working conditions 
and terms of employment. It shall develop either skills and capabilities to make them 
more responsive to the needs and problems of their clients, and better equipped in 
delivering social services and programs. The State shall likewise encourage those 
with proper qualifications and excellent abilities to remain in social development work 
in both government and non-government service 
SECTION 3. Definition of Terms. - As used in this Act, the following terms 
shall mean as follows: 
(a) "Social work" shall refer to the profession which enables individuals, 
families, 
groups and communities to develop, maintain or restore their social 
functions through the use of systematic methods and interventions and to 
create social conditions that promote change and development for their 
empowerment 
(b) "Social worker" shall refer to a duly registered professional and holder of 
a valid certificate of registration and a valid professional license issued by 
the Board of Social Work and the Professional Regulation Commission 
(PRC) pursuant to Republic Act No. 4373; 


(c) "Practitioner" shall refer to a registered and licensed social worker actively 
practicing the profession in a government or non-governmentlagency; 
(d) "NGO' shall refer to any non-government organization duly registered with 
the Securities and Exchange Commission and licensed to operate, 
accredited by the Department of Social Welfare and Development 
(DSWD); and 
(e) "NGA" shall refer to non-government agencies such as private 
corporations, hospitals, industries and associations employing social 
workers. 
SECTION 4. Coverage.-This Act shall cover all social workers as defined in 
this Act. 
SECTION 5. 
Recruitment and Qualifications. - 
The selection and 
appointment of social workers shall be in accordance with the merit and fitness 
principle. Social work positions in all social work agencies and institutions of the 
government shall be occupied by social workers. 
All government social work 
agencies and institutions shall be headed by social works except for cabinet and non- 
career positions. The Civil Service Commission (CSC), in consultation with the 
Department of Social Welfare and Development, shall determine social work 
positions in government service. 
SECTION 6. Transfer or Geographical Reassignment of Social Workers. 
-Except in emergency situations, no transfer or geographical reassignment shall be 
made or effected without written notice to the social wqrker concerned stating therein 
the reasonk for such Provided, That said written notice shall be made at least thirty 
(30) days prior to the date of transfer or re-assignment: Provided, further, That no 
transfer or reassignment shall be made three (3)months prior to any local or national 
elections: Provided, finally, That the necessary expenses of the transfer and/or 
reassignment of the social worker and hidher immediate family shall be paid for by 
the agency concerned. 
SECTION 7. Discrimination Prohibited. - A social worker shall not be 
discriminated against by reason of sex, political and religious beliefs, civil status and 
ethnic grouping in the exercise of hidher profession. 


SECTION 8.' UnderstaffingMork Overloading - There shall not be no 
understaffing or work overloading of social workers based on standards set by the 
government. The ratio of staff to clientele shall be such as to reasonably effect a 
sustained delivery of quality social service at all times. 
SECTION 
9. 
Safeguard in Administrative Proceedings. - In every 
adminsitrative proceeding, a social worker shall have: 
(a) the right to he informed of the charges; 
(c) the right to full access on evidences against him/her; 
(d) the right to defend himself/herself or to be defended by a counsel of 
(e) the right to appeal to designated authorities; 
(f) the right to cross-examine witnesses and to compulsory process for 
(9) Such other rights as to ensure fairness and impartiality in the proceedings. 
his/her choice; 
production of witnesses; and 
SECTION I O .  Code of Conduct. - All social workers shall be guided by the 
Social Works Code of Ethics as adopted by the Board of Social Work and as 
approved by the PRC. 
SECTION 11. Normal Hours of Work. - The normal hours of work of any full- 
time social worlcr shall not exceed eight (R) hours a day or forty ('IO) hours a week. 
Where the exigency of the service so requires, any social worker, whether in the 
government or non-government service, may be required to render service beyond 
the normal hours of work, iqclusive of off-day - and scheduled rest day, regular days 
and special days. ' All social workers employed in the private sector shall be 
compensated in accordance with the benefits for health workers under the Labor 
Code. 
SECTION 12. Married Social Workers. - Whenever possible, the proper 
authorities shall take steps to enable married couples, both of whom are public 
workers, to be employed or assigned n the same municipality. 
SECTION 13. 
Freedom from Interference or Coercion. - It shall be 
unlawful for any person to commit any of the following acts; 


To intimidate or force a social worker to submit valuable documents that 
will violate the principle of confidentiality of records agreed upon between 
himlher and the clientele groups. The release of such document shall be 
approved by the clients concerned shall redound to their social well-being, 
and upon court order; 
To prevent a social worker from upholding and applying the basic social 
work principles in carrying out programs and services for hislher agency’s 
target client group(s); 
To prevent social workers from joining or assisting organizations or unions 
for purposes not contrary to law, in order to defend and protect their 
mutual interest and to obtain redress of grievances through peaceful 
concerted efforts; 
To prevent a social worker from carrying out hidher duties and functions 
in the social work organization or union, or to penalize the social worker 
for any unlawful action performed in that capacity; 
To make a calculated harassment and interference with the intention of 
intimidating or preventing the social workers from performing his duties 
and functions; 
To make a calculated harassment against, or to transfer, penalize or 
terminate the services of a social worker who is carrying out hidher 
advocacy function or role for and in behalf of hidher clientele groups who 
are victims of social injustice; and 
To perform acts calculated to diminish the independence and freedom of 
a social worker’s union or organization to direct its own affairs. 
SECTION 14. Compensation. The existing law on the salary scale of 
government employees shall apply in determining the salaries of practitioners in 
government, including those in the local government units. Social workers in non- 
government service shall receive salaries not below the salary scale of similar 
position levels in government. 
SECTON 15. Other Benefits. All social workers, both government and non- 
government service shall receive the following: 
(a) Hazard allowance - Social workers assigned in remote and depressed 
areas, strife-torn or embattled areas, distressed, or isolated stations, 
mental hospitals, leprosaria, areas declared under as state of calamity or 


emergency which expose them to great danger such as volcanic 
activity/eruption and other areas that involve occupational risks or threats 
to life shall be compensated with hazard allowance equivalent to at least 
twenty percentum (20%) of the monthly basic salary. 
(b) Subsistence/transportation allowance. - Social workers who are required 
to render services in communities, institutions, hospitals and other social 
work establishments in order to make their services available at all times, 
shall be entitled to daily subsistence allowance for three (3) meals which 
shall be computed according to prevailing circumstances. 
Those 
assigned outside their regular work stations shall be entitled to per diem 
in place of this allowance. Actual transportation allowance shall also be 
provided to social worker on field work. 
Housing and living quarters allowance. - All social workers who are 
temporarily detailed to another assignment due to the exigency of the 
service shall be entitled to free housing within the agency or if hislher 
residence is outside the fifty (50)-kilometer radius from such government 
or on-government facility or if such living quarters are not available,he/she 
shall receive a housing allowance unless he/she receives per diem: 
Provided, That, the rate of such housing allowance shall be periodically 
reviewed and adjusted for inflation. 
(d) Longevity pay. - A monthly longevity pay equivalent to five percentum 
(5%) of hidher latest monthly basic pay shall be paid to a social worker 
for every five (5) years or continuous and satisfactory service rendered. 
(e) Clothing allowance - All social workers shall be entitled to a minimum of 
two thousand pesos (P2,OOO.OO) clothing allowance annually, which 
amount shall be adjusted as needed. 
(f) MedicaVhealth maintenance insurance. - All social workers shall, during 
the tenure of their employment, be provided with a comprehensive 
medical and health maintenance insurance from duly licensed and 
accredited health maintenance companies renewable every year. 


SECTION 16. Human Resource Development - Government and non- 
government agencies/organizations shall conduct human resource development 
program and management study in the following areas: 
(a) Adequate facilities and resources to render quality social service to the 
clientele; 
(b) Opportunities for social workers to grow professionally and to develop their 
potentials and experience a sense of worth and dignity in their work; 
(c) Mechanisms for democratic consultations; 
(d) Staffing patterns and standards of social work to ensure that the clients 
(e) Upgrading of working conditions, reclassification of positions and salaries 
receive quality care; 
of social workers to correct the disparity vis-a-vis other profession; 
(f) Allocation of funds for the participation of social workers in seminars, 
conferences, conventions and similar activities as part of their continuing 
professional regulations; and 
(9) Access of NGO social workers to scholarship benefits and grants within 
the Philippines and abroad which are usually made available only to 
government personnel. 
SECTION 17. Rules and Regulations. The DSWD, in consultation with the 
CSC, Department of the Interior and Local Government (DILG), Department of Labor 
and Employment (DOLE), PRC and representatives from the Philippine Association 
of Social Workers, Inc. (PASWI) National Association for Social Work Education, Inc. 
(NASWEI) and National Council fo Social Development Foundation, Inc. (NCSDFI) 
shall formulate the necessary rules and regulations for the implementation of the 
provisions of this Act. 
SECTION 18. Penal Prowision. - Any person who shall willfully interfere with, 
restrain or coerce any social worker in the exercise of hidher rights or shall in any 
manner commit any act in violation of any of the provisions, this Act shall, upon 
conviction, be punsihed by a fine of not less than Twenty thousand pesos 
(P20,OOO.OO) but not more than Forty thousand pesos (P40,OOO.OO) 
or imprisonment 
of one (I) year to six (6) years or both fine and imprisonement at the discretion of the 
court. 


If the offender is a public official, the court in additon to the penalties provided 
in the preceding paragraph, may impose the additional penalty or disqualification 
from office. 
In the case of a private institutionkompany found to be violating any provision 
of this Act, it shall be subject to a penalty ranging from suspension of license to 
revocation of such, at the discretion of the court. 
SECTION 19. Separatibility Clause. - If any provision of this Act is declared 
unconstitutional or invalid, the provisions not affected shall continue to be in full force 
and effect. 
SECTION 20. Repealing Clause. - All laws, decrees, orders, rules, and 
regulations or other issuances inconsistent with the provisions of this act are hereby 
repealed, amended or modified accordintly. 
SECTION 21. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation or the Official 
Gazette, whichever comes first. 
Approved,