NINETEENTH CONGRESS OF THE REPUBUC ) 
OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
S. No. 1815
of tl;f n etnri)
23 JAN 31 P3-49
RECEiVLD BY:
Introduced by: Senator Raffy T. Tulfo
AN ACT
TO REGULATE PUBLIC SOLICITATION PROVIDING FUNDS THEREFORE
AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The Presidential Decree No. 1564 entitled Amending Act No. 4075 otherwise 
known as The Public Solicitation Law has been in place for 30 years. This particular 
law was implemented to regulate the solicitation of donations and voluntary 
contributions from the public sector in order to obviate illegal fund drives. Changes in 
the national and global environment, however, have made some of its provisions no 
longer effective.
To protect the public from exploitation and to ensure that the funds are being 
used for the intended purpose, there is a need to increase monitoring of individuals 
and organizations who have been granted authority to solicit funds particularly those 
who solicit money from abroad.
This bill aims to establish rules for public solicitation in order to safeguard the 
public from fraudulent activities. The passage of this bill will grant the government 
the ability to monitor public solicitations, making it more effective and efficient. This 
will also provide the public with access to information about the financial operations.


projects, and activities of organizations that solicit funds.
Furthermore, this Bill shall apply to all National Government Agencies (NGAs), 
Government Owned and Controlled Corporations (GOCCs), State 
Colleges/Universities, Non-Government Organizations (NGOs), religious and civic 
organizations, branch offices and similar organizations, individuals, chapters and 
affiliates of similar international organizations operating in the Philippines which are 
partly or fully financed with funds solicited from or contributed by the public or private 
sectors for charitable or public welfare purpose/s.
With enough safeguards to protect the rights of our citizens, the passage of 
this bill is earnestly sought.
Raffy T. TUlfo
Senator


NINETEENTH CONGRESS OF THE REPUBUC )
OF THE PHIUPPINES 
)
First Regular Session 
)
SENATE
S. No. 1315
ottDf frniftnvp
23 JAN 31 P3,49
RUCEIVIO B>''.
Introduced by; Senator Raffy T. Tulfo
AN ACT
TO REGULATE PUBLIC SOLICITATION PROVIDING FUNDS THEREFORE
AND FOR OTHER PURPOSES
Be it enacted by the Senate and the 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 
of 2023".
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Sec. 2. Purpose. - It shall be the purpose of this Act to regulate public
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solicitation undertaken by organizations, agencies, groups and individuals in order to
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protect the general public from unscrupulous solicitation. It also aims to establish
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standards and guidelines and strengthen the system of granting permits or
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authorization primarily to solicit funds or donations from the public for charitable, social
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and/or public welfare purposes.
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Sec. 3. Coverage. - This Act shall apply to all National Government Agencies
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(NGAs), Government Owned and Controlled Corporations (GOCCs), State
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Colleges/Universities and other government agencies, Non-Government Organizations
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(NGOs) including faith based and civic organizations, associations, branch offices and
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similar organizations, individuals, chapters and affiliates of similar international
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organizations operating in the Philippines which are partly or fully financed with funds
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solicited from or contributed by the public or private sectors for charitable or public
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welfare purpose/s.
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Sec. 4. Exemption on the Coverage. - Organizations and agencies created by
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laws that specifically confer authority on these organizations and agencies to solicit
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and/or conduct fund campaigns for charitable and/or public welfare purposes shall
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continue to be covered by its charter. Provided, the DSWD shall have the authority to
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monitor their activities and to require these organizations and agencies to submit the
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following as well as other documents that the DSWD may require to make an
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assessment of the performance of these organizations and agencies:
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a. Audited fund utilization report of its collections, income and expenditures and
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other financial documents;
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b. Lists of donors and their corresponding addresses and contact numbers;
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c. List of beneficiaries, their corresponding addresses and contact numbers and
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amount or types of assistance extended; and
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d. List of projects completed, location and cost
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Sec. 5. Definition of Terms. - For purposes of this Act, the following terms shall
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be defined as:
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a. Administrative Cost - refers to the costs incurred in the management/operation
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of the conduct of the solicitation activity and/or of the soliciting organization.
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b. Beneficiaries refer - to the poor, the vulnerable and the disadvantaged sectors
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or entities who will be benefiting from the proceeds of the public solicitation
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conducted. These include but are not limited to: (1) neglected, abandoned,
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orphaned, exploited children or children under difficult circumstances; (2)
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children in conflict with the law, out of school youth and other youth with
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special needs; (3) persons with disabilities; (4) senior citizens; (5) victims of
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natural or man-made disasters/calamities; (6) disadvantaged women and
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women 
in especially difficult circumstances; (7) indigenous peoples and
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communities; (8) rebel returnees and (9) poor or dysfunctional families and
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depressed communities.
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c. Charitable purpose/s - refers to the intent to provide services or conduct of


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activities for the beneficiaries indicated on letter b of this Section.
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d. Memorandum of Agreement - refers to a contract executed between parties
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stating among others, the amount or percentage from the proceeds to be given
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to the beneficiaries or the project to be undertaken, the date and place where
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the activity shall be undertaken and date of awarding of proceeds or turn-over
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of project. It should clearly state the date and duration of the awarding of
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proceeds.
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e. Organization, agenqr or individual - refers to all National Government Agencies
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(NGAs), Government Owned and Controlled Corporations (GOCCs), State
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Colleges/Universities and other government agencies, Non-Government
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Organizations (NGOs) including religious and civic organizations, associations,
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branch offices and similar organizations, individuals, chapters and affiliates of
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similar international organizations operating in the Philippines desiring to
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solicit or receive contributions from the public for charitable or public welfare
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purpose/.
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f. Program Cost- refers to all expenses incurred in the direct or indirect provision
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of services or goods to the beneficiary including expenses of the donee person
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or agency in its operation and the implementation of relevant programs and
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services.
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g. Public Solicitation - refers to any activity or project intended to generate funds,
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money, materials or other assistance from the public sectors for charitable
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and/or public welfare purposes. Categories of public solicitation:
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• Local Public Solicitation - refers to a solicitation activity conducted within
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the city/municipality.
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• Provincial Public Solicitation - refers to a solicitation activity conducted
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within two or more cities/municipalities in a province.
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• Regional Public Solicitation - refers to a solicitation activity conducted
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within two or more provinces in a region.
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• National Public Solicitation - refers to a solicitation activity conducted in
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two or more regions in the country.
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h. Public Welfare Purpose/s - refers to any activity or project relative to health,


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education, peace, social welfare and protection, environmental safety, rights,
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security and safety of citizens and similar circumstances or conditions.
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Sec. 6. Authority to Issue Permit-The following are authorized to grant permits
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to conduct public solicitation.
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a. Department of Social Welfare and Development (DSWD) Secretary or the
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Undersecretary or Regional Director for national or regional public solicitation
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respectively.
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b. Provincial Governor through the Provincial Social Welfare and Development
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Office (PSWDO) Chief or his/her representative/s 
for provincial 
public
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solicitation.
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c. City/Municipal Mayor through the City/Municipal Social Welfare and
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Development Office (C/MSWDO) Chief or his/her representative/s for local
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public solicitation.
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Provided, that the organization, agency or individual applying for such permit
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complies with the requirements that may be set by the DSWD, PSWDO or C/MSWDO
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respectively including but not limited to the following:
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a. Duly accomplished application form signed by the agency head or authorized
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representative. The form shall be prescribed by the DSWD, PSWDO or
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C/MSWDO which shall indicate the intended purpose of the solicitation.
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b. Project proposal on the intended public solicitation activity including the work
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and financial plan on the activity to be undertaken.
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c. Certified true copy of Certificate of Registration and Articles of Incorporation
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and by-laws with the Securities and Exchanges Commission (SEC) or other
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regulatory government agencies, which have jurisdiction to regulate the
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applying organization, agency or individual and information, (for non-
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government).
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d. Certification of status of operation and updated certification from SEC or other
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regulatory government agencies, which have jurisdiction to regulate the
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applying organization, agency or individual on the validity of registration (for
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non-government).
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e. Notarized Memorandum of Agreement or other written document signifying
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the intended beneficiaries concurrence as recipient of the solicitation activities.


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Sec. 7. Validity of Permit - All permits for the purpose of undertaking public
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solicitation shall be issued by the DSWD, PSWDO or C/MSWDO for a stated period
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of time. No organization, agency or individual shall solicit contributions or have
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contributions solicited on its behalf before issuance of its permit by the DSWD,
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PSWDO or C/MSWDO. The solicitation permit shall be valid only on the approved date
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of coverage which in no case shall exceed one year within the specified region/s or
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area/s of the Philippine territory. Its validity does not extend to other countries
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regardless of whether or not the target beneficiaries and donors are Filipinos. In
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such cases, the organization, agency or individual should comply with the rules and
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regulations of the concerned countries.
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Sec. 8. Fees and Charges. - For national and regional coverage, the DSWD shall
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charge and collect corresponding fees to be determined by the Department for the
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effective implementation of this Act. The fees shall be remitted to the National
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Treasury, recorded as a Special Account in the General Fund and shall be available
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to the DSWD through a Special Budget pursuant to Section 35, Chapter 5, Book VI
16 
of Executive Order No. 292. Likewise, the provincial governor and city/municipal
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mayors shall impose corresponding fees for the provincial and local public solicitation
18 
respectively, consistent with the Local Government Code and its amendments.
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Sec. 9. Methods of Public Solicitation. - Public solicitation may be done using but
20 
not limited to the following:
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a. Oral or written request;
22 
b. Announcement to the press, over the radio or television or by telephone or the
23 
internet;
24 
c. Distribution, circulation, publication or posting of written advertisement or
25 
other publication;
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d. Sale of goods i.e souvenir items, printing, rummage sales, among others;
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e. Benefit shows i.e. concert, fashion show and other forms of entertainment;
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and
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f. Other methodologies that may be allowed by the DSWD, PSWDO and/or
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C/MSWDO.


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On the other hand, caroling during the Christmas season as a form of
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solicitation and the solicitation within the church/mosque or building for public
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Christian/Muslim worship are exempted from the application of solicitation permit from
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DSWD, PSWDO and/or C/MSWDO.
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Sec. 10. Tax Deduction or Exemption of Donations and Contributions. - The
6 
donor by virtue of foregoing provisions shall be entitled to allowable deduction in
7 
his/her income tax return the equivalent amount of donations he/she would give to
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public solicitation subject to such conditions as provided under the National Internal
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Revenue Code, as amended.
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Sec. 11. Beneficiaries of Fund Campaigns. - The applying organization, agency
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or individual for solicitation permit shall be required to submit a duly notarized
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Memorandum of Agreement executed between the parties, which shall contain the
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following:
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a. Statement of the purpose for which the solicitation is being conducted;
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b. Statement of the amount or percentage from the proceeds to be given to the
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beneficiaries or the project to be undertaken; and
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c. The date, duration and place where the activity shall be undertaken and the
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date of awarding of proceeds or turn-over of project.
19 
The benefiting organization, agency or individual, has the right not to allow its
20 
name to be used, advertised or publicized as the beneficiary of any public solicitation
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project.
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Sec. 12. Allocation of Proceeds. - Not more than fifteen percent (15%) of the
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total proceeds for the fund raising activity of any organization, agency or individual
24 
shall be expended for the administrative cost of the said fund-raising activity or other
25 
operations of the agency. The remaining eighty-five percent (85%) shall be utilized
26 
entirely for projects/programs for the targeted beneficiaries. Unless compliance with
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this section is satisfactorily established on the basis of the report as required in
28 
Section 13 hereof, no organization, agency or individual shall be issued any
29 
subsequent permit. Funds collected during the conduct of fund campaign activities
30 
shall be deposited in a banking institution regulated by the Bangko Sentral ng


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Pilipinas in the name of the organization, agency or individual to whom the permit 
was issued. Book of accounts shall also be required in the monitoring/validation of 
the report.
Sec. 13. Monitoring of Pubiic Solicitation Activity. - The concerned 
organization, agency or individual to whom the permit was issued shall submit to the 
concerned DSWD offices, PSWDO or C/MSWDO within sixty (60) days after the 
expiration of the issued permit, a report signed and sworn to by the individual or at 
least two authorized officers of the organization/agency, indicating whether such 
permit was used or not. If used, additional documents to be submitted are the 
following:
a. Audited fund utilization report of its income and expenditures and other 
documents;
b. List of donors and the amount of donations, their corresponding addresses and 
contact numbers;
c. List of beneficiaries, their corresponding addresses and contact numbers and 
amount or types of assistance extended;
d. List of projects completed, location and cost; and
e. Expired permit authorizing the conduct of local/national fund campaign.
The DSWD, PSWDO or C/MSWDO may in the exercise of their regulatory 
powers, verify the authenticity of the report submitted by conducting spot 
investigations or reviewing the book of accounts of the concerned organization, 
agency or individual, among others.
Further, the organization, agency or individual shall for each solicitation activity 
maintain and preserve an accurate and detailed book of accounts for not less than 
three (3) years after the completion of such public solicitation activity, which shall be 
available for inspection, at all times, upon demand by the DSWD, PSWDO, C/MSWDO.
Sec. 14. Filing of Complaints. - The DSWD, PSWDO or C/MSWDO shall on its 
initiative or upon the complaint of any individual initiate an investigation and the 
filing of complaints in the appropriate court, if warranted, against the organization, 
agency or individual which undertake fund campaigns without the necessary permit


1 
or which secures such permits through fraudulent representation. Provided, however,
2 
that any concerned person, may in his/her own file a complaint before the Regional
3 
Trial Court against any person who shall commit any of the acts punishable under
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Section 16 of this Act. Any law enforcement agency can also file a complaint against
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any organization/agency individual engaging in prohibited acts whom they have
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apprehended in accordance with, the Rules of Court.
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Sec. 15. Handling of Complaint - There shall be a Review Committee at the
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concerned DSWD, PSWDO or C/MSWDO who will handle the complaint against the
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organization, agency or individual. The law enforcement agencies e.g. Philippine
10 
National Police (PNP), National Bureau Investigation (NBI), Local Government Unit
11 
(LGU) and Department of Interior and Local Government (DILG) among others shall
12 
assist in the enforcement of this Act. Said Committee shall be organized within sixty
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(60) days upon effectivity of this Act. Their specific roles and functions as well as
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the procedures in handling of complaints shall form part of the Implementing Rules
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and Regulations of this Act.
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Sec. 16. Prohibited Acts. - This Act prohibits any organization, agency or
17 
individual to do any of the following acts:
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a. Soliciting without securing solicitation permit from DSWD, PSWDO or
19 
C/MSWDO
20 
b. Soliciting beyond the allowed area of coverage and/or violating the mode of
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solicitation as indicated in the approved solicitation permit
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c. Using falsified or tampered solicitation permit
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d. Soliciting with expired solicitation permit
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e. Using of solicited funds for purpose/s other than the purpose/s in which funds
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were intended
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Further, all solicited funds from the prohibited 
acts shall be turned over to
27 
DSWD, PSWDOs or C/MSWDOs for the implementation of its social welfare and
28 
development programs and services.
29 
Sec. 17. Penalties. - Violations of this law shall be subject to the following
30 
penalties;
8


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a. Any person who violates the provision of this Act shall be punished with
2 
imprisonment of not less than one (1) year but not more than three (3) years
3 
or a fine of not less than One Hundred Thousand Pesos (100,000.00) but not
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more than Five Hundred Thousand Pesos (P500,000.00) or both at the
5 
discretion of the court.
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b. Additionally, for the first offense, the solicitation permit of the concerned
7 
organization, agency or individual shall be revoked and no permit shall be
8 
issued to them for a period of two (2) years from the date of violation.
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c. For the second offense, the concerned organization, agency or individual shall
10 
be permanently banned from conducting any solicitation activity. Further, its
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registration and/or license to operate as an organization, agency, or individual
12 
shall be canceled and revoked permanently.
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d. When the offender is a foreigner, he/she shall be immediately deported and
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be barred permanently from entering the country after having served his/her
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sentence.
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Sec. 18. Information Dissemination. - The DSWD, PSWDO or C/MSWDO shall
17 
disseminate information on the organizations, agencies and individuals issued with
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public solicitation permits to include the pertinent data such as permit number,
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duration period, methodology to be used and the area/s covered. Likewise the
20 
DSWD, PSWDO or C/MSWDO shall also inform the public on the list of organizations,
21 
agencies and individuals whose permits have been canceled or revoked.
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Sec. 19. Implementing Rules and Regulations. - The DSWD, Association of
23 
PSWDO and Associations of C/MSWDO in coordination with the Bureau of Internal
24 
Revenue (BIR), Department of Finance (DOF), Department of the Interior and Local
25 
Government (DILG), Department of Trade and Industry (DTI), Department of
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Transportation and Communication (DOTC), Local Government Unit (LGU), Philippine
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National Police (PNP), National Bureau Investigation (NBI), Securities and Exchange
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Commission (SEC) and other concerned government agencies and three (3)
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representatives selected by DSWD from the academe, NGOs, media organizations
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and peoples organizations shall promulgate the necessary implementing rules and


1 
regulations within ninety (90) working days from the effectivity of this Act.
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Sec. 20. Appropriations. - The amount necessary to carry out the provisions of
3 
this Act is hereby authorized to be appropriated in the concerned DSWD and Local
4 
Government Units General Appropriations Act for the year following its enactment
5 
into law and thereafter.
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Sec. 21. Repealing Clause. - Presidential Decree No. 1564, Local Government
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Code of 1991 Book III Title II Ch 3 Art 1 Sec 444 (b) (3) V) and Sec 455 (b) (3) (v)
8 
and all other lawl, decrees, executive orders and proclamations, rules and regulations
9 
or parts thereof, inconsistent with this Act are hereby repealed or modified
10 
accordingly.
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Sec. 22. Separability Clause. - In the event that any provision of this Act is held
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invalid or unconstitutional, the other provisions not affected thereby shall remain valid
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and subsisting.
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Sec. 23. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
15 
publication in any two (2) newspapers or general circulation.
Approved,
10