EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S. No. 
8 5 1
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•19 
A U G - 1  
P 2  4 4
RECEiV. ;.i B '
Introduced by SENATOR LEILA M. DE LIMA
AN ACT
REGULATING PUBLIC SOLICITATIONS AND PROVIDING PENALTIES
FOR VIOLATION THEREOF, REPEALING FOR THE PURPOSE 
ACT NO. 4075, AS AMENDED BY PRESIDENTIAL DECREE NO. 1564,
OTHERWISE KNOWN AS THE SOLICITATION PERMIT LAW
EXPLANATORY NOTE
Article II, Section 23 of the Constitution states that “[t]he State shall encourage 
non-governmental, community-based, or sectorial organizations that promote the 
welfare of the nation.”
On 11 June 1978, Presidential Decree No. 156, otherwise known as the 
Solicitation Permit Law, was enacted to regulate donations to ensure legality of 
funding activities. However, in the ensuing years since its passage, several issues were 
identified in its implementation. Among those were: the need to justify the monitoring 
of individuals, organizations, or associations who were issued authority to conduct 
solicitation; the need to religiously monitor the proceeds of the solicited funds to 
ensure that these are delivered to the intended beneficiaries or are all used for projects 
that these are intended for and to protect the general public as well as beneficiaries 
from exploitation; the existence of several organizations conducting fund-raising 
activities without the required solicitation permit; and the need to increase the 
penalties or sanctions for violators and those soliciting funds outside the country.1
Administrative Order No. 79, Series of 2003, entitled “Omnibus Rules and 
Regulations on Public Solicitations”, harmonizes issuances, laws and administrative
1 An Act to Regulate Public Solicitation Providing Funds Therefor and for Other Purposes. Senate Bill No. 508. 
Fifteenth, 2010. Retrieved from https://wwvif.senate.gov.ph/lisdata/78186272l.pdf


orders regulating the practice of public solicitation to avoid “confusion and conflict in 
the implementation at the regional and national levels.”
Reported abuses in the conduct of solicitation activities bring to the forefront 
the need for regulation of organizations, agencies, groups and individuals in order to 
protect the general public from unscrupulous solicitation. The bill puts in place 
mechanisms to ensure that funds raised through public solicitation are properly 
utilized for the intended purpose and beneficiaries. To achieve this, standards and 
guidelines are established to strengthen the system of granting permits or 
authorization to solicit funds or donations from the public, to serve their respective 
public welfare purposes.
The bill aims to institutionalize the issuance of solicitation permit during 
calamities or disasters, implementing more stringent monitoring and validation of 
permits, reportorial requirements for exempt organizations, defines the role of law 
enforcement agencies in efficient implementation, and provides for stricter penalties 
for violators.
Through putting up stronger mechanisms to mandate the accountability of 
solicitors, rights of beneficiaries are protected. The bill ultimately seeks to safeguard 
the welfare of the most vulnerable by ensuring that proceeds raised for the benefit of 
our disadvantaged countrymen will rightfully be translated to programs that will help 
their causes.
In view of the foregoing, approval of this measure is earnestly sought.
iJftla m . d e l im a


EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S. No. 8 5 1
^entire
»5ff,cr of it)f feftr.tarp
'19 
A U G - 1  
?2'M
Introduced by SENATOR LEILA M. DE IIPdA-J l;
AN ACT
REGULATING PUBLIC SOLICITATIONS AND PROVIDING PENALTIES 
FOR VIOLATION THEREOF, REPEALING FOR THE PURPOSE 
ACT NO. 4075, AS AMENDED BY PRESIDENTIAL DECREE NO. 1564, 
OTHERWISE KNOWN AS THE SOLICITATION PERMIT LAW
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Short Title. - This Act shall be known as the "Public Solicitation Act".
2 
Sec. 2. Declaration of Policy. -  It is hereby declared a policy of the State to
3 
regulate public solicitations undertaken by organizations, agencies, groups and
4 
individuals, in order to protect the general public from unscrupulous solicitations and
5 
to ensure that funds raised through public solicitations are properly utilized for the
6 
intended purpose and beneficiaries. Towards this end, standards and guidelines are
7 
hereby established to strengthen the system of granting permits or authorization to
8 
solicit funds or donations from the public.
9 
Sec. 3. Definition of Terms. -  As used in this Act:
10 
(a) 
Administrative cost -  refers to the cost incurred in the management and
11 
operation of the conduct of the solicitation activity which includes the application fee
12 
for a solicitation permit, cost of mailing, printing of letters of appeal, certificates and
13 
other paraphernalia;
14 
(b) 
Beneficiaries -  refer to individuals situated in the Philippines who will
15 
benefit from the proceeds of public solicitation conducted who are poor, vulnerable,
16 
marginalized and disadvantaged sectors or entities. These include, but are not limited
17 
to:


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
1. Children who are abandoned, neglected, orphaned, voluntarily 
committed, abused and exploited, street children, children with 
disabilities, children in conflict with the law, children in need of special 
protection, children in indigenous/cultural communities, and children- 
victims of natural disasters;
2. Out-of-school youth and other youth with special needs;
3. Women in especially difficult circumstances;
4. Persons with disabilities;
5. Senior citizens;
6. Individuals, families, and communities who are in crisis situations, 
including those who are internally displaced due to armed conflict and 
developmental projects, and \ictims of natural and human-induced 
calamities or disasters;
7. Rebel returnees and families who are victims of armed conflict 
situations;
8. Indmduals suffering from serious, terminal or chronic diseases and 
illnesses such as cancer and kidney failure; and
9. Families in need of assistance and intervention.
19 
(c) 
Blacklist -  refers to the list or registry of persons, organizations, and/or
20 
agencies which are prohibited from conducting any public solicitation activity due to
21 
violations committed as provided in this Act;
22 
(d) 
Charitable purpose -  refers to philanthropic, humanitarian and non-
23 
profit objectives, including benefits for the needy, poor, sick, prisoners, orphans, etc.;
24 
(e) 
Donor -  refers to an individual, organization, or agency that donates,
25 
gives, or contributes personal or real property for charitable or public welfare
26 
purposes;
27 
(f) 
Individual -  refers to a person who is a parent, guardian or immediate
28 
relative within the third (3rd) degree of consanguinity or affinity of a patient suffering
29 
from a chronic disease that requires long-term or expensive medication desiring to
30 
solicit or receive charitable contributions from the public;
31 
(g) 
Organization or agency -  refers to all national government agencies
32 
(NGAs), government-owned and -controlled corporations (GOCCs), state universities
33 
and colleges (SUCs), public schools, local government units (LGUs) and other


1 
government agencies; non-stock, non-profit corporations; civil society organizations
2 
(CSOs) including faith-based organizations, people’s organizations; non-government
3 
organizations (NGOs), academe, associations and similar organizations; chapters and
4 
affiliates of similar international organizations operating in the Philippines desiring to
5 
solicit or receive contributions from the public for charitable or public welfare
6 
purposes;
7 
(h) 
Program cost -  refers to all direct or indirect expenses incurred in the
8 
provision of services or goods to the beneficiaries of the public solicitation including
9 
expenses of the donee person, organization or agency in its operation and the
10 
implementation of relevant programs and services;
11 
(i) 
Public -  refers to the populace, society, masses or people in general
12 
within the Philippine territory where the public solicitation is to be undertaken;
13 
(j) 
Public solicitation -  refers to any activity or project intended to generate,
14 
solicit, collect, and request funds, goods, or other assistance from the public for
15 
charitable or public welfare purposes;
16 
(k) 
Public welfare purpose -  refers to any activity or project related to the
17 
promotion of health, education, peace, social welfare and protection, environmental
18 
safety, rights, community security and safety and similar circumstances or conditions
19 
including disaster relief operations and climate change management, preserv ation and
20 
promotion of culture and arts;
21 
0) 
Revocation -  refers to the cancellation of the issued solicitation permit
22 
due to the commission of any violation as provided in this Act; and
23 
(m) 
Solicitation permit -  refers to a certificate of authority issued by the
24 
Department of Social Welfare and Development Office (DSWD), the Provincial Social
25 
Welfare and Development Office (PSWDO), the City Social Welfare and Development
26 
Office (CSWDO), or the Municipal Social Welfare and Development Office (MSWDO)
27 
to an authorized individual, organization, or agency applying for such authorization to
28 
solicit donations or voluntary contributions for charitable or public welfare purposes.
29 
Sec. 4. Coverage. -  This Act shall apply to all NGAs, GOCCs, SUCs, public
30 
schools, LGUs and other government agencies, individuals, CSOs including faith-
31 
based organizations, people’s organizations, NGOs, academe, associations and similar
32 
organizations, chapters and affiliates of similar international organizations operating
33 
in the Philippines which are partly or fully financed with funds solicited from or
34 
contributed by the public or private sector for charitable or public welfare purposes.


1 
Notwithstanding the foregoing, this Act shall not be used as a defense against a
2 
violation committed by a government official or employee against Section 7(d) of
3 
Republic Act No. 6713, otherwise known as the “Code of Conduct and Ethical
4 
Standards for Public Officials and Employees”, on soliciting gifts or anything of
5 
monetary value from any person in the course of their official duties or in connection
6 
with any operation being regulated or any transaction which may be affected by the
7 
functions of their office.
8 
Sec. 5. Exemption from Coverage. -  The following shall be exempt from
9 
application of solicitation permit:
10 
(a) Organizations and agencies created by laws that specifically confer authority
11 
on these organizations and agencies to solicit or conduct fund campaign for
12 
charitable or public welfare purposes which shall continue to be covered by
13 
their charters and shall not be required to acquire a solicitation permit;
14 
Provided, that the DSWD and concerned Local Social Welfare and
15 
Development Office (LSWDO) shall be informed in writing before the
16 
conduct of the solicitation campaign and shall have the authority to monitor
17 
their activities and to require these organizations and agencies to submit
18 
reports pertaining to the conduct of the public solicitation and the utilization
19 
of funds solicited; Provided, further, that the DSWD shall maintain and
20 
periodically update the list of organizations and agencies that are exempted
21 
from application of solicitation permit;
22 
(b) Traditional carolling activities and performances during the holiday season,
23 
involving modest donations and solicitations, regardless of purpose;
24 
(c) Solicitations for religious purposes that are made within religious
25 
sanctuaries, such as churches, mosques, and such other buildings or
26 
structures regularly used for religious services or worship; and
27 
(d) Solicitations for personal purposes that are strictly confined to relatives
28 
within fourth degree of affinity or consanguinity, and friends and associates
29 
personally known to the persons conducting the solicitation.
30 
Sec. 6. Solicitation Permit; Requirements. -  No solicitation permit shall be
31 
issued to an individual, organization, or agency without first complying with the
32 
following documentary requirements:


1 
(a) Duly accomplished application form signed by the individual, organization,
2 
or agency head or an authorized representative;
3 
(b) Project proposal of the individual applicant or in the case of an organization,
4 
a proposal approved by the head of the applicant organization or agency on
5 
the intended public solicitation activity including the work and financial
6 
plan on the activity to be undertaken, information and details relative to, or
7 
a general description of, the intended beneficiaries, and proposed mode of
8 
identifying and selecting beneficiaries in cases where the exact beneficiaries
9 
are to be determined after the solicitation activity;
10 
(c) Personal profile of individual applicant showing information attesting to the
11 
applicant’s identity and capability and integrity to launch a solicitation drive
12 
or in the case of an organization, certified true copy of Certificate of
13 
Registration and Articles of Incorporation and By-Laws with the Securities
14 
and Exchange Commission (SEC) or other regulatory government agency
15 
which has jurisdiction to regulate the organization or agency;
16 
(d) Updated certification of good standing from the SEC or other regulatory
17 
government agency which has jurisdiction to regulate the organization or
18 
agency;
19 
(e) Notarized written agreement or any similar document signifying the
20 
concurrence of the intended beneficiaries as recipient of the solicitation
21 
activity, in cases where the beneficiaries are identified prior to the
22 
solicitation activity; and
23 
(f) Notarized board resolution or other written authorization for the
24 
organization’s or agency’s planned solicitation activity which shall ensure
25 
strict compliance with the standard ratio on fund utilization.
26 
The DSWD shall make samples and forms of the documentary requirements
27 
available online and in their offices for public use and reference.
28 
For purposes if this Act, institutions or organizations seeking funding support
29 
during disaster response activities shall have additional three (3) months to submit
30 
additional documentary requirements or shall be able to comply with the
31 
requirements within the period set forth by the concerned DSWD office, PSWDO, or
32 
MSWDO.


1 
Sec. 7. Authority to Issue Permit. - The following officials are authorized to
2 
grant a solicitation permit to an eligible individual, organization, or agency that will
3 
conduct solicitation activities for charitable or public w’elfare purposes:
4 
(a) Secretary of the DSWD or a duly authorized Undersecretary of the DSWD
5 
for all public solicitations;
6 
(b) DSWD Regional Director or any duly authorized representative for regional
7 
public solicitations;
8 
(c) Provincial Governor through the PSWDO Chief or any duly authorized
9 
representative for provincial public solicitations; and
10 
(d) City or Municipal Mayor through the CSWDO Chief or the MSWDO Chief or
11 
any duly authorized representative for local public solicitations and online
12 
public solicitations.
13 
Sec. 8. Validity of Permit. -  All solicitation permits issued by the DSWD, the
14 
PSWDO, the CSWDO, or the MSWDO shall be valid only on the approved date of
15 
coverage which in no case shall exceed one (1) year within the specified city,
16 
municipality, region, or areas in the Philippines. Its validity shall not extend outside
17 
of the Philippines even if the target beneficiaries and donors are Filipinos.
18 
An organization or agency with a good track record in conducting public
19 
solicitation, as determined by the DSWD, the PSWDO, the CSWDO, or the MSWDO,
20 
may be granted a solicitation permit with a longer validity period that shall not exceed
21 
two (2) years.
22 
Sec. 9. Types of Public Solicitation. -  Public solicitations shall be categorized
23 
as follows:
24 
(a) Local public solicitation, or a solicitation activity conducted within a city or
25 
municipality;
26 
(b) Provincial public solicitation, or a solicitation activity conducted within two
27 
(2) or more cities or municipalities in the same province;
28 
(c) Regional public solicitation, or a solicitation activity conducted within two
29 
(2) or more provinces in a region;
30 
(d) National public solicitation, or a solicitation activity conducted in two (2) or
31 
more regions; and


1 
(e) Online Public Solicitation, or a solicitation activity conducted through
2 
computer or a computer network, the electronic medium in which online
3 
communication takes place.
4 
Sec. 10. Solicitation During Calamities or Disasters. -  In times of calamities or
5 
disasters and the intended beneficiaries of the public solicitation are disaster-stricken
6 
areas or communities where a state of calamity has been declared by the President of
7 
the Philippines or the local sanggunian, a temporary solicitation permit may be issued
8 
to the applicant individual, organization, or agency upon submission of a duly
9 
accomplished application form, as provided for in Section 6(a) of this Act, signed by
10 
the applicant individual, or head of the organization or agency or an authorized
11 
representative and a preliminary determination by the appropriate office that the
12 
applicant is sufficiently qualified to conduct public solicitation.
13 
The validity of the temporary solicitation permit shall be determined by the
14 
concerned DSWD office, PSWDO, CSWDO, or MSWDO in coordination with the
15 
Disaster Risk Reduction and Management Council office or equivalent office
16 
depending on their assessment of the impact of the calamity or disaster to the affected
17 
areas. The applicant individual, organization, or agency shall have additional three (3)
18 
months to submit and comply with the requirements provided under Section 6 of this
19 
Act or within the period set forth by the concerned DSWD office, PSWDO, or MSWDO.
20 
Sec. 11. Fees and Charges. -  For national and regional public solicitations, the
21 
DSWD may charge reasonable fees corresponding to the cost only of preparing the
22 
solicitation permit. The fees shall be remitted to the National Treasury, recorded as a
23 
Special Account in the General Fund and shall be available to the DSWD through a
24 
Special Budget pursuant to Section 35 of Executive Order No. 292, otherwise known
25 
as the “Administrative Code of 1987”. For provincial and local public solicitations, the
26 
governor, city, or municipal mayor may impose reasonable fees corresponding to the
27 
cost only of preparing the solicitation permit, subject to the provisions of Republic Act
28 
No. 7160, otherwise known as the “Local Government Code of 1991”, and other existing
29 
laws.
30 
Sec. 12. Methods of Public Solicitation. -  Public solicitation may be done
31 
through any of the following, whether online or offline:


1 
(a) Written request such as letters of appeal, envelopes, cards, and other
2 
similar forms;
3 
(b) Mass media campaign through television, cinema, radio, magazines,
4 
newspapers, billboards, and other similar forms;
5 
(c) Distribution, circulation, publication, or posting of written advertisement
6 
or other similar forms;
7 
(d) Rummage sales and sale of goods including souvenir items;
8 
(e) Benefit shows including concerts, fashion shows, and other forms of
9 
entertainment;
10 
(f) Fun runs, marathon, cycling, and other forms of sports activities;
11 
(g) Popularity contests, beauty pageants, and other events which requires the
12 
contestants to conduct public solicitations;
13 
(h) Donation boxes, coin banks, and other similar forms; and
14 
(i) Other methodologies that may be allowed by the DSWD, the PSWDO, the
15 
CSWDO, or the MSWDO.
16 
Provided, that requests for financial assistance from the Philippine Charity
17 
Sweepstakes Office (PCSO) and similar agencies shall not be covered under this Act.
18 
Provided, further, that the ceiling amount for the cost of public solicitation
19 
paraphernalia shall be set in the implementing rules and regulations to be issued
20 
pursuant to this Act.
21 
Sec. 13. Allocation of Proceeds. -  Not more than thirty percent (30%) of the
22 
total proceeds from the fund-raising activity of any individual, organization, or agency
23 
shall be expended for administrative cost. The remaining fund shall be utilized entirely
24 
for projects or programs for the targeted beneficiaries: Provided, that in cases where
25 
solicitation campaigns are conducted to fund programs or projects to help disaster or
26 
calamity-stricken areas or resolve national or local crises, a more flexible term in the
27 
allocation of the proceeds is allowed. Unless compliance with this section is
28 
satisfactorily established on the basis of the report required in Section 16 of this Act,
29 
no individual, organization, or agency shall be issued any subsequent solicitation
30 
permit.


1 
It shall be mandatory for funds collected from public solicitations to be
2 
deposited in a banking institution regulated by the Bangko Sentral ng Pilipinas (BSP)
3 
in the name of the applicant individual, organization, or agency to which the
4 
solicitation permit was issued. The individual, organization, or agency shall maintain
5 
a book of accounts for the monitoring and validation of the report.
6 
The date, duration, and place where the consolidation and accounting of
7 
proceeds shall be undertaken and the date of the awarding or turnover of the proceeds
8 
to the beneficiaries shall be witnessed by the authorized representatives from the
9 
DSWD, the PSWDO, the CSWDO, or the MSWDO for national and regional,
10 
provincial, city, or municipal public solicitation, respectively.
11 
Sec. 14. Monitoring and Validation of Public Solicitation. -  The individual,
12 
organization, or agency to which the solicitation permit was issued shall submit to the
13 
concerned DSWD office and LSWDO the following documents:
14 
(a) Not later than sixty (60) days after issuance of the permit, duly notarized
15 
report signed and sworn to by the individual or by at least two (2)
16 
authorized officers of the organization or agency, indicating whether the
17 
solicitation permit was used or not.
18 
1. If the issued solicitation permit is not used, the individual,
19 
organization, or agency shall submit to the appropriate DSWD office,
20 
PSWDO, CSWDO, or MSWDO the justification for not conducting or
21 
continuing the solicitation activity within the validity period, and
22 
surrender the issued permit;
23 
2. If the solicitation permit was used, an initial report on the status of
24 
utilization of the issued permit shall be submitted;
25 
(b) Not later than sixty (60) days after the expiration of the issued
26 
solicitation permit, the following documents shall be submitted:
27 
1. Notarized fund utilization report of its income and expenditures
28 
sworn to by the individual, or in the case of an organization or agency,
29 
the president and treasurer of the organization or agency;
30 
2. List of donors with their corresponding addresses and contact
31 
numbers, and the amount of donations;
32 
3. List of beneficiaries, with corresponding signatures, addresses and
33 
contact numbers, and the amount or types of assistance extended;


1 
4- List of projects undertaken and completed with an indication of their
2 
location and cost; and
3 
5- Expired original solicitation permit.
4 
Provided, that the DSWD shall keep and maintain a record of the organizations
5 
with solicitation permits including information on their validity. These information
6 
shall be readily made available to the public, whether the solicitation activity is online
7 
or offline.
8 
To assist in the monitoring of public solicitation activities, the public may
9 
inquire from the DSWD or concerned LSWDO whether a public solicitation activity is
10 
legitimate or not.
11 
Sec. 15. Anonymous Donations. -  Donations from anonymous individuals may
12 
only be received for the amount less than the covered transaction as defined under
13 
AM LA.
14 
If the total amount of anonymous donations falls under covered transactions,
15 
the individual or entity conducting public solicitation shall issue a Certification under
16 
Oath that the amount was not sourced from illegal means and that the same shall be
17 
used for legitimate purpose.
18 
Sec. 16. Reportorial Requirements for Exempt Organizations. -  Those
19 
organizations or agencies that are exempt from securing a solicitation permit as
20 
specified in Section 5(a) of this Act should inform the DSWD and concerned LSWDO
21 
in writing prior to conducting solicitation activity and submit reportorial requirements
22 
at the end of the fiscal year when the public solicitation has been conducted. Reports
23 
shall consist of the following documents:
24 
(a) Notarized fund utilization report of its collections, income and
25 
expenditures sworn to by the president and treasurer of the organization
26 
or agency;
27 
(b) List of donors with their corresponding addresses and contact numbers;
28 
(c) List of beneficiaries, with corresponding signatures, addresses and
29 
contact numbers, and the amount or types of assistance extended; and
30 
(d) List of projects completed, location and cost with complete
31 
documentation on the project including pictures, videos, 
and
32 
testimonies of beneficiaries.
10


1 
Sec. 17. Regulatory Powers. -  The DSWD, the PSWDO, the CSWDO, or the
2 
MSWDO shall, in the exercise of their regulatory powers, verify the authenticity of the
3 
report submitted by conducting spot monitoring or reviewing of the book of accounts
4 
of the concerned individual, organization, or agency. Likewise, the DSWD is granted
5 
visitorial powers to ensure that the soliciting individuals and organizations are
6 
legitimate and that funds solicited are properly utilized.
7 
DSWD may provide a template for books of accounts for applicants.
8 
Sec. 18. Filing of Complaints. -  The DSWD, the PSWDO, the CSWDO, or the
9 
MSWDO shall, on its own initiative or upon a verified complaint of any person, refer
10 
to the appropriate law enforcement agency or the prosecutor’s office for investigation
11 
and the filing of complaint in the appropriate court any violation of the provisions of
12 
this Act.
13 
Any individual or law enforcement agency may file a complaint before the
14 
appropriate court against any individual, organization, or agency, which shall commit,
15 
or is engaged in, any of the acts punishable under Section 20 of this Act.
16 
Sec. 19. Role of Law Enforcement Agencies. -  The DSWD, the PSWDO, the
17 
CSWDO, or the MSWDO may enlist the assistance of law enforcement agencies in the
18 
efficient and effective enforcement of this act.
19 
Sec. 20. Prohibited Acts. -  The following acts are punishable under this Act:
20 
(a) Soliciting without securing a solicitation permit from the DSWD, the
21 
PSWDO, the CSWDO, or the MSWDO;
22 
(b) Soliciting beyond the allowed area of coverage as indicated in the approved
23 
solicitation permit except online public solicitation;
24 
(c) Violating the mode of solicitation as indicated in the approved solicitation
25 
permit;
26 
(d) Using a falsified or tampered solicitation permit;
27 
(e) Soliciting with an expired solicitation permit;
28 
(f) Using the solicited funds for purposes other than those indicated in the
29 
application form;
30 
(g) Including the beneficiaries as part of the strategy or mechanism in
31 
conducting the solicitation activity which tends to exploit the beneficiaries;
11


1 
(h) Use of lottery, raffle, bingo, and other games of chance, except as may be
2 
authorized by law;
3 
(i) Using solicitation paraphernalia which portray a dehumanizing picture,
4 
information or situation of the intended beneficiaries;
5 
(j) Disbursement of solicited funds are not in accordance with the standard
6 
fund utilization ratio;
7 
(k) Failure to account for the solicited funds; and
8 
(1) Other analogous circumstances.
9 
Sec. 21. Penal Provisions. -  Any individual, organization or agency who
10 
commits the prohibited acts under Section 19 (a), (d), (e), (f), (g), (h), (i) and (j) of this
11 
Act shall be punished with imprisonment of three (3) to six (6) months or a fine of not
12 
less than ten thousand pesos (Pio,ooo) but not more than one hundred thousand
13 
pesos (Pioo,ooo) or both, at the discretion of the court.
14 
Any individual, organization or agency who commits the prohibited acts under
15 
Section 19 (b) and (c) of this Act shall be punished with imprisonment of one (1) to
16 
three (3) months or a fine of not less than ten thousand pesos (Pi0,000) but not more
17 
than one hundred thousand pesos (Pioo,ooo) or both, at the discretion of the court.
18 
Any individual, organization, or agency who commits the prohibited act under
19 
Section I9(k) shall be liable for Estafa under Art. 315 of the Revised Penal Code.
20 
If the offender is an organization or agency, the incumbent officers of the
21 
organization or agency at the time of the commission of the offense who have
22 
knowingly participated or who shall have knowingly permitted or failed to prevent its
23 
commission shall be held liable.
24 
If the offender is a foreigner, the offender shall, after serving sentence, be
25 
immediately deported and barred permanently from entering the country.
26 
If the offender is a public officer, he/she shall, in addition to such fine and/or
27 
imprisonment, suffer the penalty of temporary disqualification.
28 
Sec. 22. Administrative Penalties. -  The prohibited acts provided under Sec.
29 
20 shall also be grounds for administrative penalties.
30 
For the first offense, the solicitation permit of the individual, organization or
31 
agency shall be revoked and no permit shall be issued to them for a period of one (1)
32 
year from the date of violation. For the second offense, the individual, organization or
12


1 
agency shall be blacklisted for two (2) years from conducting any solicitation activity.
2 
For the succeeding offenses, the individual, organization or agency shall be
3 
permanently blacklisted from conducting any solicitation activity.
4 
Pending investigation, the DSWD may preventively suspend solicitation permit
5 
for a period not exceeding six (6) months.
6 
A final and executory judgment finding an organization or agency liable for
7 
committing any of the prohibited acts under Section 19 of this Act by a court of
8 
competent jurisdiction for a second time shall be a ground for the cancellation and
9 
revocation of the organization’s or agency’s registration or license to operate and shall
10 
be endorsed to the concerned government regulatory agency for its appropriate action.
11 
Sec. 23. Failure to Report. -  Failure to comply with the reportorial
12 
requirements, within one (1) month from the notice from the DSWD, as provided
13 
under Sections 14 and 15 of this Act, shall be penalized with suspension of the
14 
solicitation permit until the reports are submitted, and an administrative fine of Five
15 
Thousand Pesos (P5,ooo).
16 
If the individual, organization, or agency, has failed to comply with the
17 
reportorial requirement for a period exceeding six (6) months from notice, the DSWD
18 
may revoke the solicitation permit and require the said individual, organization, or
19 
agency to account for the solicited amounts.
20 
Sec. 24. Forfeiture of Proceeds. -  The following shall be forfeited in favor of the
21 
government:
22 
(a) All solicited funds from an unauthorized public solicitation; and
23 
(b)All funds undisbursed and properties kept which wrere bought from the
24 
solicited funds at the time of the termination or revocation of the solicitation
25 
permit; Provided, that the soliciting individual, organization, agency may
26 
opt to donate said funds and properties to other individual, organization, or
27 
agency authorized by law to receive donations for charitable or public
28 
welfare purposes.
29 
Sec. 25. Information Dissemination. -  The DSWD, the PSWDO, the CSWDO,
30 
or the MSWDO shall periodically publish a list of all individuals, organizations or
31 
agencies with public solicitation permits, whether online or offline. The list shall
32 
include the permit number, duration period, methodology to be used and the areas
13


1 
covered. They shall also publish a list of individuals, organizations or agencies whose
2 
solicitation permits have been cancelled or revoked.
3 
Sec. 26. Implementing Rules and Regulations. -  Within ninety (90) days from
4 
the approval of this Act, the Secretary of the DSWD, in consultation with the Secretary
5 
of the Department of the Interior and Local Government (DILG), the Secretary of the
6 
Department of Transportation (DOTr), the Secretary of the Department of
7 
Information and Communications Technology (DICT), the Director General of the
8 
Philippine National Police, the Commissioner of the Securities and Exchange
9 
Commission (SEC), the Association of PSWDO, the Association of CSWDO, the
10 
Association of MSWDO, and the three (3) representatives selected by the DSWD from
11 
among the academe, NGOs and media organizations, shall promulgate the necessary
12 
rules and regulations for the effective implementation of this Act.
13 
Sec. 27. Appropriations. -  The amount necessary to carry out the provisions of
14 
this Act is hereby authorized to be appropriated in the concerned DSWD and Local
15 
Government Units General Appropriations Act for the year following its enactment
16 
into law and thereafter.
17 
Sec. 28. Repealing Clause. -  Act No. 4075, as amended by Presidential Decree
18 
No. 1564, otherwise known as the Solicitation Permit Law, is hereby repealed. Section
19 
444(b)(3)(v) and Section 455(b)(3)(v) of the Local Government Code of 1991 and all
20 
other laws, decrees, executive, orders and proclamations, rules and regulations or
21 
parts thereof inconsistent with this Act are hereby amended or modified accordingly.
22 
Sec. 29. Separability Clause. -  If any provision of this Act is held invalid or
23 
unconstitutional, the remaining parts or provisions not affected shall remain in full
24 
force and effect.
25 
Sec. 30. Effectivity. -  This Act shall take effect (15) days after its publication in
26 
the Official Gazette or in two (2) newspapers of general circulation in the Philippines.
Approved,
14