Republic of the Philippines
House of Representatives
Quezon City

NINETEENTH CONGRESS
First Regular Session

1328

HOUSE BILL NO.

Introduced by Hon. Felimon M. Espares
COOP-NATCCO PARTYLIST.

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

EXPLANATORY NOTE

This Bill entitled “AN ACT ESTABLISHING A COMPREHENSIVE SYSTEM FOR
REGISTRATION AND LICENSING OF SOCIAL WELFARE AND DEVELOPMET AGENCIES AND.
ACCREDITATION OF SOCIAL WELFARE AND DEVELOPMENT PROGRAMS AND SERVICES
AND APPROPRIATING FUNDS THEREFORE” was introduced in the 17 Congress by
Representative Anthony m. Bravo and Representative Sabiniano S. Canama.

After deliberation by the Committee on Social Service, which was chaired by Rep.
Eriquel, in consultation with representatives from the Department of Social Welfare
Development (DSWD) and other stakeholders, the Bill was approved by the Committee.
Afterwards, the same Bill was passed by the House on Third and Final reading.
Subsequently, the Bill was transmitted to the Senate for its consideration. However, the
Senate was unable to finish its deliberation due to time constraints.

The Bill aims to set standards, register, license, accredit, and monitor social welfare
and development agencies, service providers, group or organizations engaged in social
welfare and development activities. It also provides appropriate consultative mechanisms
and necessary assistance to ensure their compliance with the set standards and cope with
the challenges and demands of providing social welfare and development services to the
poor, the vulnerable, the marginalized, the disadvantaged, and the unprivileged sectors of
Philippine society.

Thus, aware of the importance of this proposed legislative measure, the undersigned
have refiled this Bill

Approval of the Bill is earnestly requested.



Republic of the Philippines
House of Representatives
Quezon City

NINETEENTH CONGRESS
First Regular Session

a
House aru no_ 328

Introduced by Hon. Sabiniano S. Canama
COOP-NATCCO PARTYLIST

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

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

ARTICLE I
GENERAL PROVISIONS

SECTION 1. Short Title - This Act shall be known as the “Social Welfare and
Development Agencies Act”

SECTION 2. Dec/aration 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, group 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 tha challenges and demands of the services they provide to the poor,
the vulnerable, the marginalized, the disadvantaged and the underprivileged sector pf
Philippines 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), non-government organizations (NGOs), faith-based
organizations, and the private sector to include accessing 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 or the poor, vulnerable, marginalized, disadvantaged, and underprivileged
beneficiaries. Organizations established by a treaty or other instruments governed by
international law or processing 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

(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; and

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

(©) Operation refers to the implementation of social welfare and development
programs and services by a 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 Bachelor of Science
in Social Work Degree or a Master's Degree in Social Work, has passed the Social
Worker Licensure Examinations, and is a holder of a valid registration or
identification card issued by the Professional Regulation Commission (PRC);

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

(f) 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 (SWD) refers to a nonstick, nonprofit,
public or private corporation, implementing or intending ro 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 financially to serve the poor, the


vulnerable, the marginalized, the disadvantaged, and the unprivileged
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 a SWDA;

(i) Social work refers to the profession which helps individual, famities, 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

(j) Unregistered and 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, including those
whose certificate of registration or license to operate are expired or revoked.

ARTICLE II
SOCIAL WELFARE AND DEVELOPMENT AGENCIES

SECTION 5, Classifications of SWDAs ~ An SWDA may either be a Social Agency or

an Auxiliary SWDA

(a)A Social 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 — A SWA that provides twenty — four 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 - A 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 senior citizens center, day-care
centers and vocational rehabilitation centers, These programs and servies
include sponsorship programs, assistance to victim of disasters, and social
services to individuais and families or

(3) Children-placing Agency — A SWA that receives and processes application of
the prospective foster or adoptive parents and facilitates placements of
children eligible for foster case or adoption parents and facilitates placement
of children eligible for foster care or adoption.

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

(1) People’s Organization - A SWDA with a bona fide association of citizens
with identifiable leadership, membership, and structure that has
demonstrated its capacity to promote the public interest and engage in
social welfare and development activities. They include federation of senior
citizens, youth organizations, and association of women and PWDs.

(2) Resource Agency. - a SWDA that provides tangibles such as funds, food,
clothing, medicines, and shelter, or intangibles such as knowledge and


skills to help various SWDAs achieve their goals in providing social welfare
and development services for their beneficiaries, or

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

SECTON 6. Service Delivery modes — Social welfare and development programs and
services may be delivered in any of any of the following modes;

(a) Residence- based mode where group care is provided to residents under
the guidelines 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
alternatives 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 includes senior citizens center, day-care
center, drop-in-center, vocational rehabilitation center, sponsorship or
scholarship program, alternative placement service, assistance to victim of
disaster, and social services to individuals and families, while in their home
or in the community.

SECTION 7. Administration and Management - A SWDA is managed by individuals
whose qualifications meet the criteria set under the rules and regulations to be issued to
implement this act. It may be operated by;

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

({b) NGAs, LGU, government-owned and controlled corporations (GOCCs), and
state universities and colleges (SUCs) 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 nonstick and nonprofit
corporation must be held by Filipinos.

SECTION 8. Salaries, Wages and other Benefits — All SWDAs shall comply with
existing and relevant labor and registrations regarding the salaries, wages, and benefits of
employees, provided these are within the minimum standards set by the Civil Service
Commissions (CSC) and the Department of Labor and Employment (DOLE). In the absence
of a standards salary scale for social workers and other social welfare and development
workers of the SWDAs, the pay scale set by the CSC and DOLE, in consultation with the
Department of Budget and Management (DBM), shall be followed.

SECTION 9. Operating Expenses — A SWDA shall 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
Bangko Sentral ng Pilipinas (BSP). Financial transactions, books of accounts and other


«reports shall be available to the public, agency staff, and other concerned individuals or
agencies for transparency and monitoring purposes.

Any donation received by the SWDA both kind and in cash, shail inure only for 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 as
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 on hundred twenty (120)
days after the end of every fiscal year.

ARTICLE IIT
REGISTRAION, LICENSING, ACCREDITATION

SECTION 11, Registration - (a) A SWDA shall first register with the Securities and
Exchange Commission (SEC) or the Cooperative Development Authority (CDA) for purpose
of establishing its juridical personality, To be officially recognized as SWDA operating within
the preview of social welfare and development, the SWDA shall apply for registration with
the DSWD not later than six (6) months from the issuance of the certificate of registration
from the said government agencies

(b)The requirements for registration for those intending to operate as a SWDA
are the following;

(1) Certified true copy of registration with the SED or the CDA;

(2)At least two (2) years approved work and financial plan for the
implementation of these programs and services indicating the planned
activities and corresponding amount of funds and sources of donations;

(3) The names of qualified technical and administrative staff and a copy of
their license or certificate or professional eligibility as well as an agency
guide that outlines its operations, and

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

(c) For a SWDA that has been in operation for less than two (2) years, the
following additional requirements must be submitted; Di
(1)A manual of operation or handbook of its programs and
administrative policies, procedures and strategies to attain it
purpose; and
(2)Diagram of physical facilities, including location map and other
documents showing ownership or legal custody of property where
the SWDA shalt operate from.


(c) For SWDA, which has been one (1) year audited financial, report in addition
to the above mentioned requirements.

SECTION 12, Licensing ~ A 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 license or certificates of professional eligibility; provided
that the requirements for social workers and other professionals shall
depend on the nature of the social welfare programs and services; and

(c) Certificate 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 a SWA my be done simultaneously,
and, upon approval and 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 hospital, 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 the registration requirement and from securing a license
to operate from 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 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 license to operate, A SWA
must comply with the standards on accreditation set by the DSWD on administration and
organization program management, case management, 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. Vajidity - The certificate of registration and the license to operate
issued to SWA by the DSWD shall e 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. Senefits and Privileges of Registered SWDAs - 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 programs materials ans skills enhancement
‘to strengthen program and service implementation;

(c) Endorsement to other government agencies on the availment of
missionary of working visas of foreign board members, employees, or
volunteers, subject to eligibility requirements for securing visas;

(d) Endorsement to the Department of Finance (DOF) for duty- free
importation of foreign donations subject to compliance with the prescribed
requirements; and

(e) 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 registered SWDAs, a licensed SWA is entitled to the following benefits and
privileges;

(a) Endorsement to the DOF for duty-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

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

SECTION 19. Benefits and Privileges of Accredited SWAs - 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) Endorsement to the DOF for done institution and other relevant tax

incentives as provided by law;
(b) Endorsement for resource augmentation or other assistance from any

government agency or private donor subject to compliance to set criteria;
(c) Endorsement to utility service providers for the grant of discount on the
cost of electricity, water consumption, and other 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;
Endorsement to appropriate government agencies and private
establishments for discount for the processing of documents of intended
beneficiaries such as birth registration, passport, safety certificates,
among others, for residential care and community-based SWA facilities;
Assistance in establishing linkages with local, national, and international
organizations and net-workers for the generation and sharing of
resources;

(¢

1G


(f) Nomination of board members, employees, or volunteers workers to
participate as presenters networks for the generation and sharing of
resources;

(g) Plaque of recognition as model SWDA;

(h) Cash incentives;

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

SECTION 20. 7ax Exemption - A foreign donation to a registered, licensed, and
accredited SWDA, upon certification by the DOF, shall be exempted from the payment of
customs duties, taxes and tariffs in accordance with the provisions of republic Act No. 10863,
otherwise known as the “Custom Modernization and Tariff Act (CMTA)”

All grants, bequests, endowments, donations, and contributions made to the SWDA
registered, licensed , and accredited by the DSWD to be used actually, directly and
exclusively by the said SWDA are also exempt from donor's tax and the same shall be
considered as allowable deduction from the gross income of the donor for purposes of
computing the taxable income of the donor in accordance with the provisions of the National
Internal Revenue Code of 1997, as amended.

SECTION 21. Recommendation to obtain Donee Institution Status -The DSWD may
recommend or endorse to the DOF the conferment of done institution status and the grant
of other tax benefits to registered, licensed and accredited SWDAs.

ARTICLE V
OTHER REGULATORY POWERS AND
FUNCTIONS OF THE DSWD

SECTION 22 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 23. Dissolution of SWDAs - Any of the following is a ground for the
voluntarily or involuntarily termination of operation or dissolution or closure of SWDAs;

(a) Inability of SWDA officers to sustain its operations;

(b) Noncompliance with or violation of any provision of this Act; and

(c) Other issues as may be determined by the DSWD.

The Constitution and bylaws 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 executor judgment by the DSWD finding as SWDA liable for any of the
violations stated in (a) (b) (c) is 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 or the CDA for its appropriate action.


SECTION 24. 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 purpose of this Act, intermediaries refer to persons, groups, networks of SWDAs,
or LGU’s trained, accredited, anf authorized by the DSWD to perform specific functions in
the process of registrations, licensing, and accreditation.

SECTION 25. Investigation and Resolution of Complaints - The DSWD shall accept
complaints, investigate and initiate appropriate proceedings on cases involving SWDAs,
Upon lawful case, the DSWD shall suspend the operations of the SWDA or revoke its
regulation, and accreditation certificates and close its facilities in coordination with the 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 26. Complaints - In handling complaints against an SWDA for any
violation of this act, the DSWD may consider any of the following information to initiate an
inquiry or investigation thereon;

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

(b) Report from an SWDA’s clients to beneficiaries;

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

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

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

(f) 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 verbal unsigned complaints, the DSWD shall validate the
illegal 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 complaints
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 27. Who may file complaints? - 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 client;
(c) 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;

(f) Punong Barangay or other local government official, or;

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

SECTION 28. Review Committee - There shall be a Field Officer Review Committee
(FORC) and a Central Office Review Committee (CORC) to handle cases and resolve
complaints against SWDA, whether they are registered or unregistered, licensed or
unlicensed, accredited. For compiaints and violations involving any SWDA operating in one
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 shail be determines 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.

SECTION 29. 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 30. Suspension, Revocation or Closure - The certificate of registration,
license to operate or accreditation issued to a 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 Section 31 and 32 of this Act.

Asuspended SWDA shall cease prejudice to the best interest of a substantial number
of beneficiaries;

(a) 1 the suspension will cause prejudice to the best interest of a substantial number
of beneficiaries of the suspended SWDA;

(b) If there are no other available registered, licensed, or accredited SWDAs that can
accommodate the beneficiaries of the suspended SWDA;

(c) If the SWDA agrees to be under the close supervision of the DSWD and

(d) If the SWDA agrees not to accept any additional beneficiaries.

The suspen’ an, revocation of license of an SWDA shall be affected without prejudice
to the filling of criminal or civil case under existing laws;

SECTION 31. Grounds for Suspension —-The suspension or temporary cessation of
operation as a n 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;

(c) Poor sanitation of facilities and surroundings rendering these unfit for

dientele;
(d) Violation of the SWDA’s constitution and bylaws;


(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 (6) months from the DSWD of authorized intermediaries,
or

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

SECTION 32. 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 those of SWDA;

(c) Cessation of operation as SWDA;

(d) Management of funds;

(e) Falsification of the requirements for registration, licensing and accreditation

(f) 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 33. Delisting of a SWDA - A 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.

A SWDA whose certificate of registration and license to operate have been revoked
shall be de-listed from the roster of registered, licensed, and accredited SWDAs, Likewise,
The SWDA that voluntarily ceases its operation shall be de-listed.

SECTION 34. 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 35. Strengthening of the Standards Bureau - To carry out the provisions
of this Act, the Standards Bureau of the DSWD’s Central Office is hereby strengthened to
fulfill the regulatory service and quality assurance measures provided by the DSWD to the
SWDAs intending or implementing social welfare and development programs and services

in the country.


SECTION 36. Organization and Structure - The Standards Bureau shall upon
approval of the Secretary of the DSWD or any authorized representative of the Secretary 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 IV and assisted by the Director III, Both shall be appointed in
accordance with existing rules and regulations of the CSC and the DSWD. They shall report
directly to the DSWD Secretary or anu authorized representative.

SECTION 37. 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;

Develop strategies which will promote quality social welfare and development

programs and services of the welfare of the beneficiaries;

Register qualified organizations engaged in social welfare and development

programs;

(d) License social welfare agencies;

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

(f) Manage complaints and information on cases of violations against registered,

licensed and accredited SWDAs and service providers;

Monitor and provide technical assistance and resource augmentation to field

offices, SWDAs and intermediaries to ensure sustainability of quality service

delivery;

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

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

(b)

(c

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SECTION 38. Divisions of the Standard Bureau - The standards Bureau is composed
of the following three (3) divisions with their respective functions;

(a) Standard Development Division (SOD) - The SOD shall set the standards on the
implementation of social welfare and development programs and services 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 accruing to
licensed and accredited service providers and SWDAs and service providers with
expired registration, license and accreditation.

(c) Standards Monitoring and Enforcement Division (SMED) - The SMED shall
monitor the sustained compliance of registered, licensed, accredited SWDAs and
service providers to the minimum standards of the delivery of quality programs
and services in consonance with the social welfare and development programs
for the poor, vulnerable, marginalized, disadvantaged and underprivileged sector


of the society. The division shal also be responsible for the handling of
complaints.

SECTION 39. Regional Counterpart — The standards units in all regional offices of
the DSWD shall be strengthened that shall implement the regulatory services in the region,
The head of the standards unit shall occupy a position not lower than Social Welfare Officer
IV. The regional office shall also adapt at least two (2) divisions 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 CSC
and the DSWD.

SECTION 40. Additional Plantilla Positions - The number of assigned plantilla
positions for the DSWD Standards Bureau nd its regional counterparts shall be increased in
order to meet the duties and functions provided in this Act.

ARTICLE VII
IMPLEMENTATION OF THE LAW
AND RULE-MAKING AUTHORITY
SECTION 41. Jmplementing 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 (DILG), DOLE. DBM, CSC, COA, SEC,
Philippine National Police (PNP), National Bureau of Investigation (NBI), Bureau of
Immigration (BI), and other appropriate government agencies, as well as three (3)
representatives from any of the coalition of SWDA or social welfare and development
workers, shall promulgate the necessary rules and registration to carry out the provision of
this Act.

SECTION 42. 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 43. Immunity of Officer or Staff - The duly authorized officer or staff of
the DSWD and the law enforcement agency involved in the implementation and enforcement
of this Act who acted in accordance with the due process clause of the Constitution shall be
exempted from any civil, criminal, administrative liability.

ARTICLE IX
FINAL PROVISIONS

SECTION 44. Penalties - Any person, or organization, that operates as 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 (100,000)
but not more than Five Hundred thousand pesos (P5000,000) 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 corporation, organization, or any similar entity, the officials or
employee thereof who have directly participated in the violation shall be held liable
therefore.

If the offender is foreigner, the offender, after serving the sentence, shall be deported
immediately without proceedings.

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 reguiations.

SECTION 45. Transitory Provision - Ali unregistered and unlicensed SWDAs that
are currently aperating 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 shal! be issued
to them.

SECTION 46. Appropriation - The Secretary of Social Welfare and Deveiopment
shall include in the DSWD's program the implementation of this Act, the initial funding of
which shall be charged against the current years appropriation of the DSWD. Thereafter,
the amount necessary for its continued implementation shall be included in the annual
General Appropriation Act.

SECTION 47. 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.

SECTION 48. Repealing Clause - Ail laws, decrees letter of instruction, executive
issuance, resolutions, order or parts thereof. which are inconsistent with the provisions of
this Act are hereby repealed modified or amended accordingly

SECTION 49. Effectivity - This Act shall take effect fifteen (15) days after the
publication in the Official Gazette or in a newspaper of general circulation;

Approved.

COOP NATCCO PARTY LIST