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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

2759

HOUSE BILL NO.

Introduced by Representative Julius Cesar “Jay” V. Vergara

EXPLANATORY NOTE

The Department of Social Welfare and Development (DSWD) is mandated under
Administrative Order No. 16, series of 2011 to develop, administer and implement
comprehensive social welfare programs designed to uplift the living conditions and
empower the disadvantaged children, youth, women, older persons, person with
disabilities, families in crisis or at-risk and communities needing assistance. In line
with this, the DSWD is also mandated to monitor and provide technical assistance to
Social Welfare Development providers and duty-holders nationwide through its Field
Offices.

Consistent with Sections 9 and 20, Article II of the Constitution, whereby the
State has the duty to provide adequate social services to the people and recognizing
the vital role of the private sector in nation building, the proposed legislation aims to
provide a comprehensive system of registration and licensing of social welfare and
development agencies as well as accreditation of social welfare and development
programs and services in order to promote the general welfare.

Thus, the passage of this bill is earnestly sought.

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JULIUS CESAR “JAY” V. VERGARA
Third District of Nueva Ecija


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

TWENTIETH CONGRESS
First Regular Session

2759

HOUSE BILL NO.

Introduced by Representative Julius Cesar “Jay” V. Vergara

AN ACT
ESTABLISHING A COMPREHENSIVE SYSTEM FOR THE REGISTRATION.
AND LICENSING OF SOCIAL WELFARE AND DEVELOPMENT AGENCIES
AND ACCREDITATION OF SOCIAL WELFARE AND DEVELOPMENT
PROGRAMS AND SERVICES, AND APPROPRIATING FUNDS THEREFOR

ARTICLE I

GENERAL PROVISIONS

SECTION 1. Short Tile. - This Act shall be known as the “Social Welfare and

Development Agencies Act.”

SECTION 2. Declaration of Policy. - The State acknowledges the important role

that the private sector plays in the delivery of social welfare and development

programs and services to the public. Towards this end, the State shall ensure that

social welfare and development programs and services in the public and private

sectors comply with national standards and adhere to the principles of human rights.

The State shall set standards, register, license, accredit, and monitor social welfare and

development agencies, service providers, groups or organizations engaged in social

welfare and development activities. It shall also provide appropriate consultative

mechanisms to enable mutual beneficial engagements of the private sector and its

counterparts in government to set social welfare and development priorities, identify

areas where synergies are possible, and jointly develop standards that meet the

challenges and demands of the services they provide to the poor, the vulnerable, the

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marginalized, the disadvantaged, and the underprivileged sectors of Philippine

society.

The State shall further promote and strengthen the partnership among social
welfare and development agencies (SWDAS), national government agencies (NGAs),
local government units (LGUs), nongovernment organizations (NGOs), faith-based
organizations, and the private sector to include easy access of resources between and
among them for the upliftment of the poor, the vulnerable, the marginalized, the
disadvantaged, and the underprivileged individuals, families, groups, and

communities in the country.

SECTION 3. Coverage. - This Act applies to all non-stock, non-profit corporations
operating in the Philippines, both public or private, with the primary purpose of
implementing or intending to implement social welfare and development programs
and services for the poor, vulnerable, marginalized, disadvantaged, and
underprivileged beneficiaries. Organizations established by a treaty or other
instruments governed by international law or possessing its own international legal

personality are not covered by this Act.
SECTION 4. Definition of Terms. - As used in this Act:

(a) Accreditation refers to the process of providing official recognition
to the social welfare and development programs and services of registered
and licensed social welfare agencies (SWAs), after meeting the minimum
standards set by the government;

(b) Beneficiaries refer to the poor, the vulnerable, the marginalized,
the disadvantaged, and the underprivileged individuals, families, groups,
and communities availing themselves of any service offered by the SWDAs,
including the following:

(1) Abandoned, neglected, orphaned, voluntarily committed,
abused and exploited children, and other children in need of special
protection;

(2) Out-of-school youth and other youth with special needs;

(3) Women;


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(4) Persons with disabilities (PWDs) or differently abled persons;

(5) Senior citizens or older persons;

(6) Dysfunctional families;

(7) Internally displaced individuals and communities such as victims
or survivors of natural or human-induced calamities or disasters or armed
conflict; and

(8) Poor, vulnerable, marginalized, disadvantaged, and
underprivileged individuals, families, groups, and communities,
including indigenous groups and those in crisis situation;

(c) Operation refers to the implementation of social welfare and
development programs and services by an SWDA, either directly or
indirectly, within a specified geographical area or place over a period of time
using its own resources or the resources of other partners and conduits;

(d) Registered social worker refers to a person who possesses a degree
in Bachelor of Science in Social Work or a Master's Degree in Social Work, has
passed the Social Worker Licensure Examination, and is a holder of a valid
registration or identification card issued by the Professional Regulation
Commission (PRC);

(c) Service providers refer to social welfare and development workers
including social workers managing court cases and pre-marriage counselors
accredited by the DSWD and who have satisfactorily complied with the set
requirements and standards;

(6) Social Welfare and Development Programs and Services refer to an
organized system of programs and services designed to aid beneficiaries to
attain an improved quality of life and well-being in harmony with the needs
of their family and community;

(g) Social Welfare and Development Agency (SWDA) refers to a
nonstock, nonprofit, public or private corporation, implementing or
intending to implement, mainly or generally, social welfare and development
programs and services in the Philippines, either directly or indirectly, and

assessed as having the capacity to operate administratively, technically and


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financially to serve the poor, the vulnerable, the marginalized, the
disadvantaged, and the underprivileged beneficiaries as defined in this Act;

(h) Social Welfare and Development Worker refers to a social worker or
any professional who is engaged in the delivery of social welfare and
development programs and services of an SWDA;

(i) Social work refers to the profession which helps individuals,
families, groups, and communities develop, improve, maintain, or restore
their capability for coping with the demands of their environment through
the use of social work methods and interventions; and

() Unregistered or unlicensed SWDAs refer to those agencies or
organizations that continue to provide social welfare and development
programs and services, either directly or indirectly, without license to operate
from the DSWD, or whose certificates of registration or licenses to operate are

expired or revoked.

ARTICLE IT
SOCIAL WELFARE AND DEVELOPMENT AGENCIES

SECTION 5. Classification of SWDAs. - An SWDA may either be a Social Welfare

Agency or an Auxiliary SWDA.

(a) ASocial Welfare Agency (SWA) provides restorative, preventive,
and developmental programs and services to the poor, the vulnerable, the
marginalized, the disadvantaged, and the underprivileged individuals,
families, groups, or communities. They may be classified as:

(1) Residential-based Agency. - An SWA that provides twenty-four
(24)-hour residential care services for the marginalized sector including
the abandoned, neglected, or voluntarily committed children, women,
PWDs, and older persons;

(2)Community-based Agency. - An SWA that implements
community-based or street-based programs and services delivered to

beneficiaries while in their home or in the community such as those in


1 senior citizens centers, day-care centers and vocational rehabilitation

2 centers. These programs and services include sponsorship or scholarship
3 programs, assistance to victims of disasters, and social services to
4 individuals and families; or

5 (3) Child-placing Agency. - An SWA that receives and processes
6 applications of the prospective foster or adoptive parents and facilitates
7 placement of children eligible for foster care or adoption.

8 (b) An Auxiliary SWDA provides supportive activities in the
9 delivery of social welfare and development programs and services to the
10 poor, the vulnerable, the marginalized, the disadvantaged, and the
u underprivileged sectors such as the grant of funds, the conduct of trainings,
12 and other resources to help in the efficient operations of SWAs. The following,
23 are the different types of auxiliary SWDA:

14 (1) People’s Organization. - An SWDA with a bona fide association of
15 citizens with identifiable leadership, membership, and structure, that has
16 demonstrated its capacity to promote the public interest and engage in
wv social welfare and development activities. They include federation of
18 senior citizens, youth organizations, and associations of women and
19 PWDs;
20 (2) Resource Agency. - An SWDA that provides tangibles such as
21 funds, food, clothing, medicines, and shelter; or intangibles such as
22 knowledge and skills to help various SWDAs achieve their goals in
23 providing social welfare and development services for their beneficiaries;
24 or

25 (3) Social Welfare and Development Network. - A group of SWDAs
26 such as a coalition, alliance or federation that organized themselves for a
27 common goal in promoting social protection of the poor, the vulnerable,
28 the marginalized, the disadvantaged, and the underprivileged groups.

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30 SECTION 6. Service Delivery Modes. - Social welfare and development programs

31 and services may be delivered in any of the following modes:


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(a) __ Residence-based mode where group care is provided to residents
under the guidance of a trained staff and within a structured therapeutic
environment with the objective of reintegrating a person with the family or
community or, in case of children, until such time when a better alternative
parental care is provided. This program may also be provided for those
children pursuing formal education away from their family; or

(b) Community-based mode where the helping process takes place
in the community as the primary client system or when social welfare and
development activities are provided to individuals, groups, or families while
they remain in their homes. It is characterized by interaction between the
client and worker in the community in relation to the resolution of identified
problems and concerns. These include senior citizens center, day-care center,
drop-in center, vocational rehabilitation center, sponsorship or scholarship
program, alternative placement service, assistance to victims of disaster, and
social services to individuals and families, while in their home or in the

community.

SECTION 7. Administration and Management. - An SWDA is managed by

individuals whose qualifications meet the criteria set under the rules and regulations

to be issued to implement the provisions of this Act. It may be operated by:

(a) _ Private individuals, educational institutions, civic organizations,
and faith-based organizations; or

(b) NGAs, LGUs, government-owned and -controlled corporations
(GOCCs), and state universities and colleges with social welfare and
development programs and projects.

At least sixty percent (60%) of the seats in the Board of Trustees of SWDAs

operated by non-stock and non-profit corporations must be held by Filipinos.

SECTION 8. Salaries, Wages and Other Benefits. - All SWDAs shall comply with

existing and relevant labor laws and regulations regarding the salaries, wages, and
benefits of employees, provided these are within the minimum standards set by the

Civil Service Commission (CSC) and the Department of Labor and Employment

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(DOLE). In the absence of a standard salary scale for social workers and other social
welfare and development workers of the SWDAs, the pay scale set by the CSC and the
DOLE, in consultation with the Department of Budget and Management (DBM), shall
be followed.

SECTION 9. Operating Expenses. - An SWDA shall utilize at least seventy percent
(70%) of its funds for direct social welfare and development programs and services
and not more than thirty percent (30%) shall be expended for administrative concerns.
Funds of the SWDA shall be deposited in the name of the organization in a banking
institution regulated by the Bangko Sentral ng Pilipinas (BSP). Financial transactions,
books of accounts and other reports shall be made available to the public, agency staff,
and other concerned individuals or agencies for transparency and monitoring

purposes, subject to compliance with current Bank Secrecy Laws.

Any donation received by the SWDA, both in kind and in cash, shall inure only

to the welfare of the beneficiaries and the operating expenses of the SWDA.

The DSWD, in consultation with public and private SWDAs, shall set standards

to determine specific expenditures for program and administrative expenses.

SECTION 10. Submission of Reports. - Each SWDA shall submit to the DSWD an
annual accomplishment and financial report duly audited by an external certified
public accountant or a representative from the Commission on Audit (COA) and other
reports as may be required by the DSWD.

The financial reports of SWDAs whose total income and expenditures are less
than Five hundred thousand pesos (P500,000.00) shall be audited by its internal

auditor.

The annual reports shall be submitted to the DSWD not later than one hundred
twenty (120) days after the end of every fiscal year.

ARTICLE II

REGISTRATION, LICENSING, AND ACCREDITATION


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SECTION 11. Registration. - (a) An SWDA shall register with the Securities and
Exchange Commission (SEC) for purposes of establishing its juridical personality. To
be officially recognized as an SWDA operating within the purview of social welfare
and development, the SWDA shall also apply for registration with the DSWD not later
than six (6) months from the issuance of the certificate of registration from the

concerned government agency.

(b) An applicant for registration as an SWDA shall submit the following

documentary requirements:

(1) _ Certified true copy of registration with the SEC;
(2) Atleast two (2) years approved work and financial plan for the
implementation of its programs and services indicating the planned activities

and corresponding amount of funds and sources of donations;

(8) The names of qualified technical and administrative staff and a
copy of their licenses or certificates of professional eligibilities as well as an
agency guide that outlines its operations; and

(4) Other documentary requirements, as provided for under existing
laws, rules, and regulations, as may be deemed necessary to ensure the
welfare and safety of its beneficiaries and staff.

(©) For an SWDA that has been in operation for less than two (2)
years prior to the passage of this Act, the following additional requirements
must be submitted:

(1)A manual of operation or handbook of its programs and
administrative policies, procedures and strategies to attain its purposes;
and

(2) Diagram of physical facilities, including location map and other
documents showing ownership or legal custody of property where the
SWDA shall operate from.

(a) For an SWDA which has been in operation for at least two (2)

years at the time of the application for registration, it shall submit at least one


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(1) year audited financial report, in addition to the abovementioned

requirements.

SECTION 12. Licensing. - An SWA shall be given a permit and a legal authority

to operate, after having met or complied with the following licensing requirements:

(a) Documentation showing that it is engaged in social welfare and
development programs and services;

(b) Certification showing that it employs the necessary number of
registered social workers, community development workers, and other
employees trained on specific programs and services to be implemented, and
a copy of their respective licenses or certificates of professional eligibilities:
Provided, That the requirement for social workers and other professionals
shall depend on the nature of the social welfare programs and services; and

(©) Certification of the record of cases it managed or is currently
managing and social welfare and development programs and services
implemented.

The registration and licensing of an SWA may be done simultaneously, and,

upon approval, a certificate of registration and license to operate shall be issued

SECTION 13. Exemption from Registration and Licensing. - All public residential
care facilities of the DSWD, social service units of LGUs, public hospitals, courts, and
other social welfare facilities of NGAs and GOCCs, by virtue of the legal basis of their
establishment or charters, are exempted from the registration requirement and from
securing a license to operate from the DSWD. However, they shall apply for
accreditation following the same requirements and standards and shall be subjected

to regular monitoring by the DSWD

SECTION 14. Accreditation. - All social welfare and development programs and
services of registered and licensed SWAs shall be accredited by the DSWD or its
authorized intermediaries not later than one (1) year after the issuance of a license to
operate. A SWA must comply with the standards on accreditation set by the DSWD

on administration and organization, program management, case management,

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helping strategies or interventions, physical structures and safety, and client

protection policy prior to the accreditation of its programs and services.

SECTION 15. Fees and Charges. - All applications for registration, license, and
accreditation shall be charged with corresponding, fees to be determined by the
DSWD. The fees and charges shall be deposited with the National Treasury.

SECTION 16. Validity. - The certificate of registration and the license to operate
issued to an SWA by the DSWD shall be valid for five (5) years. The accreditation
certificate, however, may be valid for a period of five (5) to seven (7) years depending
on the level of accreditation standards set by the DSWD.

The existing certificate shall remain valid until the DSWD has acted on an
application for renewal which must be filed within one hundred (100) working days
prior to the expiration. The DSWD shall act on the application for renewal of
registration, license, and accreditation not later than one hundred (100) working days

after submission of complete requirements by the SWDA.

ARTICLE IV
BENEFITS AND PRIVILEGES OF SOCIAL
WELFARE AND DEVELOPMENT AGENCIES
SECTION 17. Benefits and Privileges of Registered SWIDAs. - A registered SWDA
is entitled to the following benefits and privileges:

(a) Inclusion in the DSWD’s directory of registered, licensed, and
accredited SWDAs;

(b) Technical assistance in the areas of capability building, packaging
of project proposal, provision of program materials and skills enhancement
to strengthen program and service implementation; and

(©) Other benefits and privileges as may be deemed appropriate by
the DSWD.

SECTION 18. Benefits and Privileges of Licensed SWAs. - In addition to the
benefits and privileges of a registered SWDA, a licensed SWA is entitled to the

following benefits and privileges:

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(a) DSWD’s endorsement to the DOF for duty- and tax-free
importation of foreign donations subject to compliance with the prescribed
requirements;

(b) Resource augmentation for program implementation, subject to
compliance with the requirements as may be established by the DSWD; and

(©) Other benefits and privileges as may be deemed appropriate by
the DSWD.

SECTION 19. Benefits and Privileges of Accredited S!VAs. - In addition to the
benefits and privileges of registered SWDAs and licensed SWAs, an accredited SWA
is entitled to the following benefits and privileges:

(a) | DSWD’s endorsement to the DOF for donee institution status and
other relevant tax incentives as provided by law;

(v) DSWD's endorsement for resource augmentation or other
assistance from any government agency or private donor subject to
compliance to set criteria;

(©) DSWD's endorsement to utility service providers for the grant of
discount on the cost of electricity, water consumption, and telephone service
to the residential care, group homes, and community center-based facilities
that are operated exclusively for the beneficiaries subject to the set
requirements of the utility service providers;

(a) DSWD's endorsement to appropriate government agencies and

private establishments for discount for the processing of documents of

intended beneficiaries such as birth registration, passport, safety certifi

among others, for residential care and community-based SWA faci
(e) Assistance in establishing linkages with local, national, and
international organizations and networks for the generation and sharing of
resources;
(Nomination of board members, employees, or volunteer workers
to participate as presenters or resource speakers in local or foreign trainings
or conferences;

(g) Plaque of recognition as a model SWDA;

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(h) Cash incentives;

(i) DSWD's endorsement of the SWA as an agency for research and
for other learning opportunities such as Lakbay Aral; and

() Other benefits and privileges as may be deemed appropriate by
the DSWD.

SECTION 20. Tax Exemption. - All grants, bequests, endowments, donations,
and contributions made to the registered, licensed, and accredited SWDA that will be
used actually, directly and exclusively by the said SWDA are exempt from donors’ tax
and the same shall be considered as allowable deduction from the gross income of the
donor for purposes of computing the donor’s taxable income in accordance with the

provisions of the National Internal Revenue Code of 1997, as amended.

A foreign donation to a registered, licensed, and accredited SWDA, upon
certification by the DOF, shall be exempted from the payment of taxes and customs
duties in accordance with the provisions of Republic Act No. 10863, otherwise known
as the “Customs Modernization and Tariff Act (CMTA).”

ARTICLE V
OTHER REGULATORY POWERS AND
FUNCTIONS OF THE DSWD

SECTION 21. Monitoring and Evaluation of SWDAs. - The DSWD shall conduct
monitoring and evaluation, including spot visits, to all SWDAs at least once a year or
as the need arises to ensure that their social welfare and development programs and
services are implemented as planned. The result of monitoring and evaluation shall
be used to address problems and issues and to provide the framework for
interventions of the DSWD.

SECTION 22. Dissolution of SWDAs. - Any of the following acts or omissions is
a ground for the voluntary or involuntary termination of operation or dissolution or

closure of SWDAs:

(a) __ Inability of SWDA officers to sustain its operation;
(vb) Noncompliance with or violation of any provision of this Act; and

(©) Other causes as may be determined by the DSWD.

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The constitution and by-laws or articles of incorporation of an SWDA must
explicitly state that in case of dissolution, the assets shall be utilized for social welfare

and development activities after payment of all financial liabilities.

A final and executory judgment by the DSWD finding an SWDA liable for any
of the violations stated in (a), (b) and (c) is a ground for the cancellation and revocation
of the agency's registration or license to operate as an organization or agency, and

shall be endorsed to the SEC for its appropriate action.

SECTION 23. Deputation of Intermediaries. - Authorized intermediaries may be
deputized by the DSWD to conduct an assessment of the operation of an SWDA and
social welfare and development workers for purposes of registration, licensing, and
accreditation. The DSWD shall provide transportation or subsidy allowance to
deputized intermediaries in accordance with the rules and regulations of the COA.
Further, the DSWD shall provide continuous capacity-building activities to the

deputized intermediaries.

For purposes of this Act, intermediaries refer to persons, groups, networks of
SWDAs, or LGUs trained, accredited, and authorized by the DSWD to perform

specific functions in the process of registration, licensing, and accreditation.

SECTION 24. Investigation and Resolution of Complaints. - The DSWD shall
accept complaints, investigate and initiate appropriate proceedings on cases involving
SWDASs. Upon lawful cause, the DSWD shall suspend the operations of the SWDA or

revoke its registration, license, and accreditation certificates and close its facilities in
coordination with law enforcement agencies, without prejudice to the filing of

criminal or civil case against erring officials and personnel of the SWDA.

ARTICLE VI

COMPLAINTS AGAINST SOCIAL WELFARE
AND DEVELOPMENT AGENCIES:

SECTION 25. Complaints. - In handling complaints against an SWDA for a
violation of this Act, the DSWD may consider any of the following information to

initiate an inquiry or investigation thereon:

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(a) Report of an authorized personnel or office of the DSWD based
on the assessment and monitoring of the compliance with program and
service standards;

(b) Report from an SWDA's clients or beneficiaries;

(©) Verbal information from a person, group, or organization;

(4) Signed and unsigned letters, documents or reports;

(e) Printed materials or articles in newspapers, magazines and
similar publications;

(8 Information sent or received through broadcast or electronic
media and information and communication devices such as text messages,
emails and posts in the social media; or

(g) Other sources of information such as minutes of meetings,
consultations, and fora.

In the case of a verbal or unsigned letter or complaint or information transmitted
through social media, the DSWD shall validate the alleged violations or actions of the
SWDA being reported. If and when validation is not possible, the personnel or office
of the DSWD that received the complaint shall file a report on the difficulty to validate
the same. Documented information and printed materials must be evaluated in

accordance with the procedures in handling complaints or information.

SECTION 26. Who May File a Complaint. - A complaint against an SWDA may
be filed with the DSWD by any of the following:

(a) Offended party;

(b) Parent or legal guardian of a client;

(°) Ascendant or collateral relative of the client, such as a child
within the third degree of affinity or consanguinity;

(d) Duly authorized officer or social worker of the DSWD;

(e) Officer, social worker, or representative of a registered, licensed,
and accredited SWDA;

() — Punong Barangay or other local government official; or

(g) Person who has personal knowledge of the acts complained
about or reported for action.

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SECTION 27. Review Committee. - There shall be a Field Office Review
Committee (FORC) and a Central Office Review Committee (CORC) to handle cases
and resolve complaints against SWDAs, whether they are registered or unregistered,
licensed or unlicensed, or accredited. For complaints and violations involving any
SWDA operating in one or more regions, the FORC that has jurisdiction over the areas
where the cases happened shall have exclusive jurisdiction in handling and resolving
the said complaints or violations. The decisions, orders or findings of the FORC shall
be appealable to the CORC. The CORC may intervene or assist the FORC in handling

complaints, if necessary.

The composition of the FORC and the CORC shall be determined by the DSWD:
Provided, That there are two (2) members representing licensed and accredited SWDAs
who are themselves members of the network organized by the DSWD. The
representatives must be provided with an allowance in accordance with the rules and

regulations of the COA.

Further, the DSWD shall formulate guidelines on the protocols of handling
complaints against SWDAs, including the terms of reference of the FORC and CORC.

SECTION 28. Procedures. - The procedures in handling and resolving of
complaints and appeals by the FORC and the CORC shall be made in accordance with
the existing rules and procedures of the DSWD.

SECTION 29. Suspension, Revocation or Closure. ~ The certificates of registration,
license to operate or accreditation issued to an SWDA by the DSWD shall be
suspended or revoked if, after due process, the DSWD finds that the SWDA
committed any of the grounds stipulated under Sections 30 and 31 of this Act.

A suspended SWDA shall cease its operation. However, the DSWD may allow it

to continue its operation subject to the following conditio:

(a) _ If the suspension will cause prejudice to the best interest of a
substantial number of beneficiaries;
(b) If there are no other available registered, licensed, or accredited

SWDAs that can accommodate the beneficiaries of the suspended SWDA;

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(©) __ If the SWDA agrees to be under the close supervision of the
DSWD; and
(a) If the SWDA agrees not to accept any additional beneficiaries.
The suspension, revocation of license or closure of an SWDA shall be effected

without prejudice to the filing of criminal or civil case under existing laws.

SECTION 30. Grounds for Suspension. ~ The suspension or temporary cessation
of operation as an SWDA may be of any of the following grounds:

(a) Insolvency or inability to continue to support and maintain its
operation or to perform the functions for which it was granted registration
and license;

(b)  Noncompliance with social case management standards;

(©) Poor sanitation of facilities and surroundings rendering these
unfit for clientele;

(d) Violation of the SWDA’s constitution and by-laws;

(e) Failure to submit annual accomplishment and audited financial
reports for two (2) consecutive years;

(f) _ Failure to apply for accreditation or renewal of accreditation after
two (2) consecutive notifications and monitoring or spot visits and technical
assistance every six (6) months from the DSWD or authorized intermediaries;
oF

(g) Failure to comply with the standards of accreditation; or

(h) Other causes as may be determined by the DSWD.

SECTION 31. Grounds for Revocation of License. - The revocation or cancellation
of the registration, license to operate and accreditation certificates of an SWDA issued
by the DSWD may be of any of the following grounds:

(a) Use of SWDA for immoral purposes such as trafficking,
gambling, prostitution, money laundering, and terrorist financing;

(b) Neglect, exploitation, and abuse of SWDA clients;

(©) Cessation of operation as SWDA;

(a) Mismanagement of funds;

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(c) _ Falsification of the requirements for registration, licensing, and
accreditation;

( Revocation of its registration from juridical personality by the
SEC or other regulatory agencies;

(g)__ Noncompliance of SWDAs on the agreed action plan during the
accreditation assessment for two (2) consecutive monitoring visits with
interval of six (6) months by the DSWD; or

(h) Other causes as may be determined by the DSWD.

SECTION 32. Delisting of an SWDA. - An SWDA with expired registration,
license, or accreditation certificate and which failed to reply or send a letter of intent
to renew its registration, license, and accreditation to the DSWD, after receiving three
(3) notices shall be delisted from the DSWD’s roster.

An SWDA whose certificate of registration and license to operate have been
revoked shall be delisted from the roster of registered, licensed, and accredited

SWDAs. Likewise, the SWDA that voluntarily ceases its operation shall be delisted.

SECTION 33. Closure of Unregistered or Unlicensed SWDAs. ~ After receipt of two
(2) notices from DSWD requiring them to apply and submit requirements for
registration and licensing and to undergo technical assistance, unregistered or
unlicensed SWDAs that continue to engage in social welfare and development
programs and services, either directly or indirectly, shall immediately be closed upon

receipt of an order from the DSWD.

ARTICLE VII

STRENGTHENING THE STANDARDS BUREAU OF DSWD
SECTION 34. Strengthening of the Standards Bureau. - The Standards Bureau
shall, upon approval of the Secretaries of Social Welfare and Development and Budget
and Management, be reorganized and set up to effectively and efficiently implement
the regulatory functions of the DSWD in pursuance with this Act and existing DSWD
rules and regulations. The Bureau shall be headed by a Director and Assistant Director

who shall have the rank of Director IV and Director III, respectively. Both shall be


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appointed in accordance with existing rules and regulations of the CSC and the
DSWD. They shall report directly to the DSWD Secretary.

SECTION 35. Functions of the Standards Bureau. - The Standards Bureau shall

perform the following duties and functions:

(a) Formulate, develop and revise policies and guidelines pertaining
to social welfare and development standards implementation, registration
and licensing of SWDAs, accreditation of service providers and programs and
services of SWDAs, regulation of regional and national fund campaign and
duty-free entry of foreign donations and handling of complaints;

(b) Develop strategies which will promote quality social welfare and
development programs and services for the welfare of the beneficiaries;

(©) Register qualified organizations engaged in social welfare and
development programs;

(a) License social welfare agencies;

(©) Accredit social welfare and development programs and services
of the SWDAs and service providers;

() Manage complaints and information on cases of _ violations
against registered, licensed, and accredited SWDAs and service providers;

(g) Monitor and provide technical assistance and resource
augmentation to field offices, SWDAs and intermediaries to ensure
sustainability of quality service delivery;

(h) Develop and manage information management system relative to
standards development, compliance and monitoring of the registered and
licensed SWDAs and accredited service providers;

(i) Identify other benefits and incentives for registered, licensed, and
accredited SWDAs; and

() Perform such other acts which are necessary or incidental to the
proper exercise of its functions and duties.

SECTION 36. Divisions of the Standards Bureau. - The Standards Bureau is

composed of three (3) divisions that shall perform the following respective functions:

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(a) Standards Development Division (SDD). - The SDD shall set the
standards on the implementation of social welfare and development
programs and services, and develop strategies which will promote quality
social welfare and development programs and services for the welfare of the
defined beneficiaries.

(b) Standards Compliance Division (SCD). - The SCD shall process
and assess applications for registration, licensing, and accreditation of
SWDAs and service providers, ensure their compliance to the
implementation of the social welfare and development programs and
services and determine the benefits that shall accrue to licensed and
accredited service providers and SWDAs. It shall also enforce regulatory
policies, including the imposition of the necessary penalties, on unregistered
and unlicensed SWDAs and service providers whose certificates of
registration, accreditation, and licenses have expired.

(0) Standards Monitoring and Enforcement Division (SMED). - The
SMED shall monitor the compliance of registered, licensed, and accredited
SWDASs and service providers with the minimum standards of quality for
social welfare and development programs for the poor, vulnerable,
marginalized, disadvantaged, and underprivileged sectors of the society
The SMED shall also be responsible in the handling of complaints against
SWDASs in relation to their programs, services and activities.

SECTION 37. Regional Counterpart. - The counterpart units that shall perform
compliance monitoring and standards enforcement in all regional offices of the DSWD.
shall be strengthened to enable them to efficiently monitor and enforce compliance of
SWAs and SWDAs with standards set for the delivery of programs and services. The
head of these units shall occupy a position not lower than a Social Welfare Officer IV.
The regional office shall have at least two (2) of the three (3) offices in the Standards
Bureau, namely: the Standards Compliance Section (SCS) and the Standards
Monitoring and Enforcement Section (SMES). The appropriate number of staff
complement of these two (2) sections shall be created in accordance with the existing
rules and regulations of the DBM, the CSC, and the DSWD.

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SECTION 38. Additional Plantilla Positions. - The number of assigned plantilla
positions for the DSWD Standards Bureau and its regional counterparts shall be
increased in order to ensure the proper implementation of this Act and the effective
performance of the offices organized herein, subject to the evaluation and approval of
the DBM

ARTICLE VIII
ENFORCEMENT AND PENALTIES FOR VIOLATIONS

SECTION 39. Assistance from Law Enforcement Agencies. - Law enforcement
agencies such as the PNP, NBI, and BI shall provide assistance to the DSWD in the

enforcement of this Act.

SECTION 40. Immunity of Officer or Staff. - The duly authorized officer or staff
of the DSWD or of any of the law enforcement agencies involved in the
implementation and enforcement of this Act who are found to have acted in
accordance with the due process clause of the Constitution shall be exempted from

any civil, criminal, and administrative liability.

SECTION 41. Penalties. “Any person, group, or organization that operates as a
SWDA without the corresponding valid certificate of registration or license to operate
issued by the DSWD shall be penalized with a fine of not less than One hundred
thousand pesos (P100,000.00) but not more than Five hundred thousand pesos
(P500,000.00) or imprisonment ranging from one (1) year but not more than three (3)
years at the discretion of the court. The penalties imposed are without prejudice to
other penalties such as the seizure of equipment, instruments and other facilities of
the SWDA.

If the offender is a corporation, organization, or any similar entity, the officials
or employees thereof who have directly participated in the violation shall be held

liable therefore.

If the offender is a foreigner, the offender, after serving the sentence, shall be

deported immediately without further proceedings.

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If the offender is a government official or employee of the DSWD or any
government agency, the offender shall be penalized in accordance with civil service

rules and regulations and shall be perpetually disqualified from holding public office

ARTICLE IX
FINAL PROVISIONS

SECTION 42. Appropriations. ~ The Secretary of Social Welfare and Development
shall include in the DSWD’s programs the implementation of this Act, the initial
funding of which shall be charged against the current year’s appropriations of the
DSWD. Thereafter, the amount necessary for its continued implementation shall be

included in the annual General Appropriations Act.

SECTION 43. Transitory Provision. - All unregistered or unlicensed SWDAs that
are currently operating shall have a period of one (1) year from the effectivity of this

Act to apply for registration or license to operate with the DSWD.

The DSWD shall notify all registered and licensed SWDAs in writing about the
implementation of this Act within one hundred twenty (120) days from its effectivity.
Upon compliance with the requirements, a new registration or license to operate shall
be issued to them.

SECTION 44. Implementing Rules and Regulations. - Within ninety (90) working
days from its effectivity, the Secretary of the DSWD shall, in consultation with the
DOF, DOJ, Department of the Interior and Local Government, DOLE, DBM, CSC,
COA, SEC, Philippine National Police, National Bureau of Investigation, and other
appropriate government agencies, as well as three (3) representatives from any of the
coalition of SWDAs and social welfare and development workers, shall promulgate

the necessary rules and regulations to carry out the provisions of this Act.

SECTION 45. Separability Clause. - If any provision or part of this Act is declared
unconstitutional or invalid, the remaining parts or provisions not affected shall

remain in full force and effect.

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SECTION 46. Repealing Clause. - All laws, decrees, letters of instruction, executive
issuances, resolutions, orders or parts thereof which are inconsistent with the

provisions of this Act are hereby repealed, modified or amended accordingly.

SECTION 47. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation.

Approved,

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