t'l
EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
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P2 ;47
SENATE
Introduced by SENATOR LEILA M. DE LIMA
AN ACT
STRENGTHENING THE REGULATION OF 
SOCIAL WELFARE AND DEW.LOPMENT AGENCIES
EXPLANATORY NOTE
The participation of non-governmental organizations (NGOs) and the private 
sector has been crucial in engineering and maintaining political and social 
transformation. The 1987 Constitution promotes participatory governance. Article II, 
Section 23 thereof provides:
S e c tio n  23. The State shall encourage non-governm ental, 
com m unity-based, or sectoral organizations that promote the 
welfare of the nation.
Since the restoration of our democracy in 1986, NGOs and other civil society 
groups have evolved over the decades and increased their effectiveness through 
coalition building, campaigning for policy reform, adoption of good practice standards, 
and advancing social justice towards the vision of sustainable development.1
With the goal to increase the efficiency of various social welfare programs to 
assist the marginalized and vulnerable sectors, greater coordination of NGOs with the 
government is essential.2 Complementing the mission of these NGOs to deliver social 
services with the government is the duty of the State to oversee and establish a 
procedure in which legitimate NGOs and the private sector groups and agencies can
1 ADB's NGO and Civil Society Centers (2007). Phiippine NGO and Civil Society. Civil Society Briefers, pg. 2
2 Prodlian M., & Faruque C. (2012) The Importance of Social Welfare in the Developing World, iVinona Slate University pg. 1


engage, collaborate and co-implement projects and programs using both public and 
their respective resources legitimately.
We have seen numerous successful initiatives and efforts by our partners 
outside government in this social endeavor. On the part of the government, aside from 
granting our non-government partners with incentives, it is imperative that we ensure 
the full protection of the beneficiaries against the malpractice, abuse and even 
exploitation by private individuals, agencies and organizations engaged in providing 
social welfare and development services. Our recent history has shown that even these 
institutions, which are supposed to be operating to perform humanitarian functions, 
can be used to commit crimes that seek to manipulate the resources meant for the 
beneficiaries for personal gains.
In 2013, the Commission on Audit (COA) completed a special audit which found 
12 senators and 180 representatives channeling their Priority Development Assistance 
Fund (PDAF), or pork barrel, to NGOs, which misused the funds, if not totally left them 
unaccounted for. At least P6.156 billion were released to questionable NGOs from 
2007-2009. A total of 82 NGOs were found to have questionable backgrounds and 
operations to begin with and ev entually misused or failed to account for the funds.3
This proposed legislation, which I filed in the 17th Congress, was able to get 
approval from the Senate Committee on Social Justice, Welfare and Rural 
Development and was able to reach Second Reading, seeks to institutionalize the 
accreditation and regulation of private individuals, agencies and organizations 
engaged in social welfare and development activities and assure the protection of 
beneficiaries against malpractice, abuse and exploitation by the aforementioned 
questionable practitioners and groups.
In view of the foregoing, I seek the expeditious consideration and approval of 
this measure in the 18th Congress.
LEILAM. DELI
3 Fonbuena, Carmela. P6-B PDAF misused; 192 salons tagged. Rappler (16 August 2013). Retrieved from: 
https://www.rappler.com/nation/36609-coa-special-report-pdaf-misused


EIGHTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
)
First Regular Session 
)
SENATE
Introduced by SENATOR LEILA M. DE LIMA
AN ACT
STRENGTHENING THE REGULATION OF 
SOCIAL WELFARE AND DEVELOPMENT AGENCIES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section i. Short Title. -  This Act shall be known as the “Social Welfare and
2 
Development Agencies Act”.
3 
Sec. 2. Declaration of Policies. -  The State acknowledges the important role of
4 
non-governmental organizations and the private sector in undertaking and delivering
5 
social welfare and development programs and services to the public. Therefore, the
6 
State shall ensure that social welfare and development programs and services in the
7 
public and private sectors comply with national standards and adhere to the
8 
principles of human rights and social justice. Toward this end, the State shall set
9 
standards, register, license, accredit, and monitor agencies engaged in social welfare
10 
and development.
11 
The State shall also provide appropriate consultative mechanisms to enable
12 
mutual benefit engagements of the private sector and its counterparts in government,
13 
set social welfare and development priorities, identify areas where synergies are
14 
possible, and jointly develop standards that meet the challenges and demands of the
15 
services they provide to the poor, marginalized, disadvantaged, and vulnerable
16 
sectors of Philippine society.
17 
The State shall further promote and strengthen partnerships among Social
18 
Welfare and Development Agencies, national government agencies (NGAs), local
19 
government units (LGUs), non-government organizations (NGOs) and the rest of the


1 
private sector, to allocate and utilize available resources to uplift the condition of
2 
poor, marginalized, and vulnerable individuals, families, groups and communities in
3 
the country.
4 
Sec. 3. Coverage. -  This Act shall apply to all social welfare and development
5 
service providers including public and private groups, private foundations,
6 
associations and organizations that are engaged in or want to engage in social welfare
7 
and development activities. Organizations established by a treaty or other
8 
instruments governed by international law or possessing its own international legal
9 
personality are not covered by this Act.
10 
Sec. 4. Definition of Terms. -  As used in this Act, the following terms are
11 
defined as follows:
12 
a) Accreditation -  refers to the process of assessing a licensed Social Welfare
13 
Agency (SWA) if their Social Welfare and Development programs and services
14 
are compliant with the DSWD standards. After compliance of the same, a
15 
certificate of accreditation shall be issued as proof of official recognition of the
16 
quality delivery of the social welfare development programs.
17 
b) Beneficiaries -  refer to the disadvantaged, marginalized or vulnerable
18 
indKiduals, families, groups and communities availing of the services
19 
provided by SWDAs. They may include, but are not limited to, the following:
20 
i. 
Children, such as those abandoned, neglected, orphaned, voluntarily
21 
committed, abused, exploited, and in need of special protection;
22 
ii. 
Out-of-school youth and other youth with special needs;
23 
iii. 
Women;
24 
iv. 
Families in need of assistance or intervention;
25 
v. 
Persons with disabilities ;
26 
vi. 
Senior citizens;
27 
vii. 
Internally displaced individuals and communities, such as victims or
28 
survivors of calamities and disasters, whether natural or man-made;
29 
viii. 
Indigenous peoples; and
30 
ix. 
Individuals or groups in crisis situation/s.
31 
c) Dissolution -  refers to voluntary cessation of operation of SWDAs.


1 
d) Intermediaries -  refer to persons, groups, networks of SWDAs or LGUs,
2 
trained, accredited and authorized by the Department of Social Welfare and
3 
Development (DSWD) to perform specific functions in the process of
4 
registration, licensing, and accreditation.
5 
e) Licensing -  refers to the process of assessing the qualification and authorizing
6 
a registered SWDA to operate as a social work agency or an auxiliary social
7 
welfare and development agency.
8 
A license to operate shall be issued after having complied with the set criteria
9 
and all prescribed requirements.
10 
f) Operation -  refers to either direct or indirect implementation of social welfare
11 
and development programs and services by a SWDA within a specified
12 
geographical area or place over a period of time using its own resources or the
13 
resources of the other partners and conduits.
14 
g) Registered Social Worker -  is an individual who possesses a Bachelor’s
15 
Degree or Master’s Degree in Social Work, has passed the Social Work
16 
Licensure Examination, and is a holder of a valid license issued by the
17 
Professional Regulation Commission (PRC).
18 
h) Registration -  refers to the process of assessing the applicant organization to
19 
determine whether its intended purpose is within the purview of social welfare
20 
and development where the determination of the same shall result in the
21 
inclusion of the agency in the DSWD’s list of registered SWDAs. A
22 
Certification of Registration shall be issued after having complied with all the
23 
prescribed requirements.
24 
i) Revocation -  refers to the cancellation of the registration, license, and
25 
accreditation certificates of a SWDA issued by the DSWD for the commission
26 
of any of the grounds provided in this Act.
27 
j) Social services -  refer to organized activities that primarily and directly
28 
address the needs of the marginalized, disadvantaged, vulnerable individuals,
29 
groups or communities to maximize their social functioning.
30 
k) Social welfare -  refers to an organized system of programs and services
31 
designed to aid individuals, groups, and communities to attain an improved
32 
quality of life and well-being in harmony with the needs of their family and
33 
community.


1 
1) Social Welfare and Development Agency (SWDA) -  refers to public or
2 
private, non-stock, non-profit organization or association implementing or
3 
intending to implement, either directly or indirectly, social welfare and
4 
development programs and services in the Philippines as assessed as having
5 
the capacity to operate administratively, technically, and financially. Its clients
6 
may include, but not limited to the poor, disadvantaged, marginalized and
7 
vulnerable individuals or groups, families and communities.
8 
m) Social welfare and development worker -  refers to a social worker or a
9 
person who is engaged in the delivery of social welfare and development
10 
programs and services and is accredited by the DSWD, including social
11 
workers managing court cases, marriage and pre-marriage counselors, and
12 
child development workers.
13 
n) Social Work -  refers to the profession which helps individuals, families,
14 
groups, and communities develop, improve, maintain, or restore their
15 
capability for coping with the demands of their environment through the use
16 
of social work methods and interventions.
17 
o) Suspension -  refers to the temporary cessation of operation as a form of
18 
penalty imposed to a SWDA for commission of any of the grounds stipulated
19 
in this Act.
20 
Sec. 5. Classification of Social Welfare Development Agencies (SWDA). -  A
21 
SWDA shall be classified either as a Social Work Agency (SWA) or an Auxiliary
22 
SWDA.
23 
A SWA is an entity, whether public or private, that employs social workers,
24 
community development workers and other qualified paraprofessionals who have
25 
related trainings and experiences that directly provide restorative, preventive, and
26 
developmental programs and services to the poor, the vulnerable, the marginalized,
27 
underprivileged individuals, families or communities. The entity must also engage its
28 
operations predominantly in delivering social welfare and development programs
29 
and services.
30 
An Auxiliary SWDA provides supportive activities in the delivery of social
31 
welfare and development services to the poor, the vulnerable, the marginalized, and
32 
the underprivileged individual, families or communities, such as grant of funds, the


1 
conduct of trainings and capacity development activities and other resources to help
2 
in the efficient operations of SWAs.
3 
Sec. 6. Classification of Social Work Agencies (SWA). -  SWAs may be:
4 
a) Center-Based Agencies -  refer to the social welfare and development
5 
programs and services rendered in a physical structure or facility. It is
6 
classified into:
7 
(i) Residential -  refers to the provision of twenty-four (24) hour group care
8 
and services under the guidance of trained staff within a structured
9 
therapeutic environment geared towards rehabilitation.
10 
(ii) Non-Residential -  refers to provisions of programs and services of trained
11 
staff in a physical structure for group of clients for a number of hours in a
12 
day or several days but not beyond two (2) weeks.
13 
b) Community-Based Agencies -  refer to the programs and services rendered in
14 
the community while they remain in their homes and/or with their families.
15 
c) Child-Placing Agencies -  SWAs that receive and process application of
16 
prospective foster or adoptive parents and facilitate the placement of children
17 
and youth eligible for foster care or adopting.
18 
d) Child-Caring Agencies -  SWAs that provide temporary care and services to
19 
abandoned, neglected, or orphaned children.
20 
Sec. 7. Administration and Operations of SWDAs. -  The administration and
21 
management of SWDAs shall adhere to the following standards:
22 
a. Administration -  A SWDA shall be managed by individuals whose
23 
qualifications meet the criteria set under the implementing rules and
24 
regulations to be issued for this Act. It may be operated by:
25 
i. 
Non-stock and non-profit corporations, educational institutions, civic
26 
organizations, and faith-based organizations;
27 
ii. 
National government agencies (NGAs), LGUs, government-owned and
28 
controlled corporations (GOCCs), and state universities and colleges
29 
(SUCs) with social welfare and development programs;
30 
At least sixty percent (60%) of the seats in the governing boards, such as board
31 
of directors or board of trustees, must be held by Filipino citizens.


1 
Sec. 8. Operating Expenses. -  A SWDA shall utilize at least seventy percent
2 
(70%) of its funds for direct implementation of social welfare and development
3 
programs and services, such as cash transfers, loans, grants, trainings and capacity
4 
development programs, and not more than thirty percent (30%) shall be allocated
5 
and spent for administrative costs. Funds of the SWDA shall be deposited in the
6 
name of the organization in a banking institution regulated by the Bangko Sentral ng
7 
Pilipinas (BSP). Financial transactions, books of accounts and other similar reports
8 
shall be made available to government agencies mandated by law to monitor the
9 
same. Any donation received by the SWDA, both in kind and in cash, shall inure only
10 
for the welfare of the beneficiaries and operating expenses of the SWDA. The DSWD,
11 
in consultation with public and private SWDAs, shall set standards to determine
12 
specific expenditures for program and administrative expenses.
13 
Sec. 9. Submission of Reports. -  Each SWDA shall submit to the DSWD an
14 
annual accomplishment and financial report duly audited by an external certified
15 
public accountant or a representative from the Commission on Audit (COA) and
16 
other reports as may be required by the DSWD. The financial reports of SWDAs
17 
whose total income and expenditures are less than five hundred thousand pesos
18 
(P500, 000.00) may be audited by its internal auditor. The annual reports shall be
19 
submitted to the DSWD not later than one hundred twenty (120) days after the end
20 
of every fiscal year.
21 
Sec. 10. Salaries, wages and other benefits. -  All SWDAs shall comply with
22 
existing and relevant labor laws and regulations regarding the salaries, wages, and
23 
benefits of employees, provided these are within the minimum standards set by the
24 
Civil Service Commission (CSC) and the Department of Labor and Employment
25 
(DOLE). In the absence of a standard salary scale for social workers and other social
26 
welfare and development workers of the SWDAs, the pay scale set by the CSC and
27 
the DOLE, in consultation with the Department of Budget and Management (DBM)
28 
shall be followed.
29 
Sec. 11. Registration. -  The DSWD shall evaluate the documentary
30 
requirements submitted upon finding that an applicant is legally qualified to
31 
become a SWDA. The DSWD shall issue a certificate of registration and include the
32 
applicant in the list of registered SWDAs. All registered SWDAs shall be required to
33 
secure license within one (1) year from issuance of the certificate of registration
34 
prior to commencing its operations as a social welfare and development


1 
organization. Otherwise, they shall be delisted from the list of registered SWDA and
2 
shall be required to surrender the issued certificate of registration.
3 
To be registered, an applicant must show that it is legally qualified to become
4 
a SWDA. An applicant for registration as a SWDA shall submit the following
5 
documentary requirements:
6 
a. Certified copy of Securities and Exchange Commission (SEC)
7 
Certificate of Registration;
8 
b. Operational Manual or Handbook of its programs, policies and
9 
procedures to attain its purposes;
10 
c. Proof of financial capacity to engage in social welfare and development,
11 
such as work and financial plan approved by the governing board;
12 
d. The names of the members of its Board of Trustees or other governing
13 
body, and their background information on their involvement in social
14 
welfare and development activities; and
15 
e. Other documentary requirements that the DSWD may require in the
16 
implementing rules and regulations to carry out the provisions of this
17 
Act.
18 
Sec. 12. Licensing. -  A registered SWDA shall apply with the DSWD for a
19 
license to operate as a SWDA. To be licensed, an applicant must show that it has the
20 
administrative, technical and financial capacity to operate as a SWDA. An applicant
21 
for a License to Operate as a SWDA shall submit the following documentary
22 
requirements:
23
24
25
26
27
28
29
30
31
32
33
a. Documentation showing that the applicant is engaged mainly in social 
welfare and development;
b. Certification showing that the applicant intends to employ, in cases of 
initial application, or employs, in cases of renewal, the necessary number 
of Registered Social Workers, community development workers, and 
other professionals or employees trained on social welfare and 
development programs and services to be implemented. The applicants 
shall submit profiles and copies of their respective licenses or certificates 
of professional eligibilities, if applicable;
c. Notarized certification that the applicant keeps a record of all social 
development and welfare activities it handles;


1 
d. Updated safety certificates from the concerned agencies showing that the
2 
applicant’s physical structures are safe from fire and other major hazards
3 
as applicable;
4 
e. Document showing the SWDA’s administrative, technical, and financial
5 
capability to undertake and deliver social welfare and development
6 
programs and services for the next three (3) years;
7 
f. A residential-based SWDA shall also submit in addition to the above
8 
requirements the following documents:
9 
(i) 
Diagram of physical facilities, which shall be designed to
10 
promote the safety and security of its beneficiaries and staff;
11 
including a location map and other documents showing
12 
ownership or legal possession of the properly where the SWDA
13 
shall operate; and
14 
(ii) 
Certification from the LGU that a residential care facility is
15 
needed in the identified area of operation.
16 
g) 
Other documentary requirements that the DSWD may require in the
17 
implementing rules and regulations to carry out the provisions of this Act.
18 
The DSWD shall conduct all necessary activities to evaluate the application for
19 
licensing, such as, but not limited to the following:
20 
(i) 
Review and verify the authenticity of submitted documents;
21 
(ii) 
Inspect the premises of the applicant's office and facility; and
22 
(iii) 
Gather other relevant information about the applicant.
23 
The DSWD shall issue a license to operate and include the SWDA in the List of
24 
Licensed SWDAs upon determining that the applicant SWDA has the administrative,
25 
technical, and financial capacity to undertake and deliver social welfare and
26 
development programs and services.
27 
Sec. 13. Exemption from Registration and Licensing. -  All residential care
28 
facilities of the DSWD, social service units of LGUs, public hospitals, courts, and
29 
other facilities of NGAs and GOCCs, and other public SWDAs, by virtue of the legal
30 
basis of their establishment or charters, are exempted from the registration
31 
requirements and from securing a license to operate from the DSWD. However, they


1 
shall be required to apply for accreditation following the same requirements and
2 
standards and shall be subject to regular monitoring by the DSWD.
3 
Sec. 14. Accreditation. -  Within one (1) year after issuance of a license to
4 
operate, all social welfare and development programs and services of registered and
5 
licensed SWA shall be subject to DSWD’s accreditation. The DSWD shall issue an
6 
administrative circular stating the mechanisms of assessment and evaluation of all
7 
social welfare and development programs and services of the applicants. Auxiliary
8 
SWDAs are exempted from the requirement of securing accreditation from the
9 
DSWD.
10 
Sec. 15. Fees and Charges. -  The DSWD may charge reasonable fees for
11 
receiving and processing applications for registration, licensing, and accreditation.
12 
The fees collected shall be deposited to a DSWD account for the purpose, to be used
13 
solely for the exercise of the DSWD’s regulatotyr functions and the effective
14 
implementation of this Act.
15 
Sec. 16. Validity. -  The certificate of license to operate issued to a SWDA by
16 
the DSWD shall be valid for five (5) years. The accreditation certificate, however,
17 
may be valid for a period of five (5) to seven (7) years depending on the level of
18 
accreditation standards set by the DSWD.
19 
The existing license or accreditation certificate shall remain valid until the
20 
DSWD has acted on an application for renewal which must be filed within one
21 
hundred (100) working days prior to the expiration. The DSWD shall act on the
22 
application for renewal of registration, license, and accreditation not later than one
23 
hundred (100) working days after submission of complete requirements by the
24 
SWDA.
25 
Sec. 17. Benefits and Privileges of Registered SWDAs. -  A registered SWDA
26 
shall be entitled to the following benefits and privileges:
27 
a. Inclusion in the DSWD’s directory of registered, licensed and accredited
28 
SWDAs; and


1 
b. Technical assistance in the areas of capability-building, packaging of project
2 
proposal, provision of program materials and skills enhancement to
3 
strengthen program and service implementation, among others.
4 
Sec. i8. Benefits and Privileges of Licensed 
-  In addition to the
5 
benefits and privileges of registered SWDAs, a licensed SWA shall be entitled to the
6 
following:
7 
a. Endorsement to the Philippine Council for NGO Certification (PCNC)
8 
for accreditation and endorsement for applicable duty-free and tax-
9 
free importation of foreign donations subject to compliance with the
10 
prescribed requirements;
11 
b . Resource augmentation for program implementation, subject to
12 
compliance with the requirements as may be established by the DSWD;
13 
and
14 
c. Other benefits and privileges as the DSWD may deem appropriate.
15 
Sec. 19. Benefits and Privileges of Accredited SWAs. -  In addition to the
16 
benefits and privileges of registered SWDAs and licensed SWAs, an accredited SWA
17 
shall be entitled to the following:
18 
a. Endorsement for resource augmentation or other assistance from any
19 
government agency or private donor subject to compliance with set
20 
criteria;
21 
b. Endorsement to the utility service providers for the grant of discount
22 
on the costs of electricity, water consumption and telephone and
23 
internet service to the residential care, group homes, and center-based
24 
facilities subject to the set requirements of the utility service providers;
25 
c. Endorsement to concerned government agencies and private
26 
establishments for discount in the processing of documents for the
27 
beneficiaries, such as birth registration, passport, safety certificates,
28 
eunong others, for residential and center-based SWA facilities;
29 
d. Assistance in establishing linkages with local, national and
30 
international 
organizations and netvvrorks for generation and sharing of
31 
resources;
32 
e. Cash incentives, as may be provided by law; and
10


1 
f. 
Other benefits and privileges, as the DSWD may deem appropriate.
2 
Sec. 20. Monitoring and Evaluation of SWDAs. -  The DSWD shall conduct
3 
monitoring and evaluation, including spot visits to SWDAs at least once every three
4 
(3) years, or as the need arises, to ensure that their social welfare and development
5 
programs and services are implemented as planned, and to determine their
6 
compliance with applicable laws, rules and regulations. The result of monitoring and
7 
evaluation shall be used to address problems and issues and to provide the
8 
framework for any possible intervention from the DSWD.
9 
Sec. 21. Deputation of Intermediaries. -  Authorized intermediaries may be
10 
deputized by the DSWD to conduct an assessment of the operation of a SWDA and
11 
social welfare and development workers for purposes of registration, licensing, and
12 
accreditation. The DSWD shall provide such deputized intermediaries with
13 
transportation or an allowance in accordance with the rules and regulations of COA.
14 
The DSWD shall likewise provide continuous capacity building activities to the
15 
deputized intermediaries. Also, the DSWD shall provide continuous capacity building
16 
activities to the deputized intermediaries.
17 
Sec. 22. Voluntary Cessation of SWDA Operation. -  Any SWDA may notify
18 
the DSWD of its intention to terminate its operation within six (6) months prior to its
19 
closure.
20 
Upon cessation of operation, all remaining assets of a SWDA intending to
21 
cease operations may be donated to the DSWD, another licensed SWDA, or be
22 
forfeited in favor of the government at the option of the SWDA.
23 
The DSWD shall wrork with the concerned SWDA to establish a transition plan
24 
for the beneficiaries who might be affected. The DSWD shall likewise notify the SEC
25 
of the cessation of operation.
26 
Sec. 23. Investigation and Resolution of Complaints. -  The DSWD shall
27 
accept complaints, or motu propio investigate and initiate appropriate proceedings
28 
in cases involving SWDAs. Upon lawful cause, the DSWD shall suspend the
29 
operations of the SWDA or revoke its registration, license, and accreditation
30 
certificates and close its facilities in coordination with the concerned law


1 
enforcement agencies without prejudice to the filing of criminal or civil cases against
2 
erring officials and personnel.
3 
Sec. 24. Review Committee. -  There shall be a Field Office Review Committee
4 
(FORC) and a Central Office Review Committee (CORC) to handle cases and resolve
5 
complaints against SWDAs, whether they are registered or unregistered, licensed or
6 
unlicensed, or accredited. For complaints and violations involving any SWDA
7 
operating in one or more regions, the FORC that has jurisdiction over the areas
8 
where the cases happened shall have exclusive jurisdiction in handling and resolving
9 
the said complaints or violations. The decisions, orders or findings of the FORC shall
10 
be appealable to the CORC. The CORC may intervrene or assist the FORC in handling
11 
complaints, if necessary'. The composition of the FORC and the CORC shall be
12 
determined by the DSWD; Provided, that there shall be two (2) members
13 
representing licensed and accredited SWDAs who are themselves members of the
14 
network organized by the DSWD. The representatives shall be provided with an
15 
allowance in accordance with the rules and regulations of the COA.
16 
Furthermore, the DSWD shall formulate guidelines on the protocols of
17 
handling complaints against SWDAs, including the terms of reference (TOR) of the
18 
CORC and FORC.
19 
Sec. 25. Procedures. — The DSWD shall promulgate the Rules and Procedures
20 
in handling and resolving complaints against SWDAs.
21 
Sec. 26. Suspension, Revocation or Closure. -  The certificate of registration,
22 
license, or accreditation issued to a SWDA by the DSWD may be suspended or
23 
revoked if the DSWD finds that the SWDA committed any of the grounds stipulated
24 
under Sections 27 and 28 of this Act. The suspension or revocation of license or
25 
closure of a SWDA shall be effected without prejudice to the filing of criminal or civil
26 
cases under existing laws. When a SWDA is under suspension, it shall neither accept
27 
nor admit any additional clients and shall be under close supervision and monitoring
28 
by the DSWD.
29 
A final and executory order of the DSWD revoking the license of a SWDA shall
30 
be endorsed to the SEC for appropriate action.
12


1 
Sec. 27. Grounds for Suspension. -  A SWDA may be suspended on the
2 
following grounds:
3
4
5
6
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
a) Non-compliance with social case management standards;
b) Poor sanitation and maintenance of facilities and surroundings 
rendering these unfit or unsafe to their employees and beneficiaries; or
c) Violation of the SWDA’s constitution and by-laws.
7 
Sec. 28. Grounds for Revocation of License. -  The grounds for revocation of
8 
license of a SWDA shall include the following:
a) Insolvency or inability to maintain its operation or to perform the 
functions for which it was granted registration and license;
b) Use of the SWDA for immoral or criminal purposes, such as but not 
limited to human trafficking, gambling, prostitution, money laundering 
and terrorist financing;
c) Neglect, exploitation and abuse of the SWDA’s beneficiaries or clients;
d) Use of funds not in accordance with this Act;
e) Falsification of the requirements for registration, licensing, and 
accreditation;
f) Revocation of its registration with the SEC or other regulatory agencies;
g) Non-compliance of SWDAs with the agreed action plan during the 
accreditation assessment for two consecutive monitoring visits with 
interval of at least six (6) months by the DSWD; or
h) Other analogous causes as may be determined by the DSWD.
23 
A final and executory order by the DSWD revoking the license of the
24 
SWDA shall be a ground for immediate closure of operation.
25 
A SWDA who fails to renew its license or accreditation within six (6)
26 
months from notice of the DSWD shall be delisted from the DSWD Roster of SWDAs.
27 
The DSWD shall provide for the procedure in which a delisted SWDA can reinstate
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its registration.
29 
The revocation shall be without prejudice to any other administrative, civil,
30 
or criminal cases in which the SWDA, their officers, or members may be held liable.
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Sec. 29. SWDAs without registration or license. -  In cases of SWDAs without
2 
registration or license, the DSWD shall conduct a preliminary inquiry into the
3 
condition of their operation. If the DSWD finds that the SWDA without registration
4 
or license is operating in accordance with the prescribed standards, it shall subject
5 
the SWDA to a case management process. Under the case management process, the
6 
SWDA shall be assisted by the DSWD to comply with the standards enumerated
7 
under this Act within a period of six (6) months.
8 
If, at any time, the DSWD finds that the continued operation of the
9 
unregistered or unlicensed SWDA will prejudice the beneficiaries, it shall order the
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immediate closure of their operations.
11 
Sec. 30. Involuntary closure of operation. -  In cases of involuntary closure of
12 
operation, the DSWD shall establish measures to protect the beneficiaries of the
13 
SWDA concerned. In order to effectively protect the beneficiaries, the DSWD shall
14 
access funds under the Protective Services for Center-Based Clients program of the
15 
DSWD to ensure the welfare and transition of the beneficiaries. The DSWD shall
16 
likewise be authorized to conduct negotiated procurement under emergency cases as
17 
provided under the Procurement Act.
18 
Sec. 31. The Standards Bureau. -  The Standards Bureau of the DSWD shall be
19 
composed of the following three (3) divisions v\ith their 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 Monitoring Division (SCMD) -  The SCMD shall 
process and assess applications for registration, licensing and 
accreditation of SWDAs and service providers, ensure their compliance 
with the implementation of the social welfare and development 
programs and services and determine the benefits accruing to licensed 
and accredited service providers and SWDAs. It shall also fully enforce 
set regulatory policies to unregistered and unlicensed SWDAs and 
service providers with expired registration, license and accreditation.
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c) Standards Enforcement and Advocacy Division (SEAD) -  The SEAD 
shall enforce the provisions of the law among erring SWDAs and those 
with complaints that are brought to the attention of the DSWD. They 
shall conduct surveillance on SWDAs operating without registration 
and license and those with expired Certificate of Registration and 
License to Operate. It shall also advocate the roles and regulatory 
functions of the DSWD to the general public and other stakeholders 
nationwide.
Sec. 32. Organization and Structure. -  The Standards Bureau shall be 
organized and set-up to effectively and efficiently discharge the regulatory functions 
of the DSWD as per this Act and existing DSWD rules and regulations and upon the 
approval of the Secretary of the DSWD or the Secretary's authorized representative. 
The Bureau shall be headed by a Director IV and assisted by a Director III. Both shall 
be appointed in accordance with existing rules and regulations of the CSC and the 
DSWD and report directly to the DSWD Secretary or the Secretary’s authorized 
representative.
Sec. 33. Regional Counterpart. -  The Standards Section in all regional offices 
of the DSWD shall be strengthened and implement the regulatory services in the 
region. The head of the Standards Section shall occupy a position not lower than a 
Social Welfare Officer IV. The regional office shall also adapt at least the two (2) 
units under the Standards Section, namely: the Standards Compliance and 
Monitoring Division (SCMD) and the Standards Enforcement and Advocacy Division 
(SEAD). The appropriate number of staff complement of these two units shall be 
created in accordance with the existing rules and regulations of the CSC and the 
DSWD.
Sec. 34. Assistance from Law Enforcement Agencies. -  Law enforcement 
agencies such as the Philippine National Police, the National Bureau of Investigation, 
Bureau of Customs and the Bureau of Immigration shall provide assistance to the 
DSWD in the enforcement of this Act.
Sec. 35. Penalties. -  Any person, group, or organization that shall operate as a 
SWDA without corresponding valid certificate of registration and license to operate 
from the DSWD shall be penalized with a fine of not less than One hundred thousand
15


1 
pesos (Pioo,ooo) but not more than Five hundred thousand pesos (P500,ooo) or
2 
imprisonment ranging from one (i) year but not more than three (3) years, or both at
3 
the discretion of the court. These penalties shall be imposed without prejudice to
4 
other penalties, such as seizure of equipment, instruments and other facilities of the
5 
SWDA.
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Sec. 36. Immunity. -  No action or suit shall be brought, instituted or
7 
maintained in any court or tribunal or before any other authority against any: (i)
8 
DSWD personnel; (ii) law enforcement officer; or (iii) persons acting in compliance
9 
with a lawful order from any of the above, for lawful acts done or statements made in
10 
good faith and in relation to the effective implementation of this Act.
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Sec. 37. Appropriations. -  The DSWD Secretary shall include in the DSWD’s
12 
programs the implementation of this Act, the initial funding of which shall be
13 
charged against the current year’s appropriations of the DSWD. This includes the
14 
necessary augmentation to the Protective Services for Center-Based Clients program
15 
of the DSWD. Thereafter, the amount necessary for its continued implementation
16 
shall be included in the annual General Appropriations Act.
17 
Sec. 38. Transitory Provisions. -  The manpower complement of the DSWD
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Standards Bureau and the Standards Section of the DSWD Regional Field Offices,
19 
shall be right sized to meet the requirements of this Act. The DSWD, in coordination
20 
with the DBM and CSC, shall determine the appropriate additional plantilla positions
21 
to be created and approved.
22 
All SWDAs operating without registration, license or accreditation upon
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effectivity of this Act shall be given a period of one (1) year to comply with the
24 
requirements provided under this Act.
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Sec. 39. Implementing Rules and Regulations. -  The DSWD, in consultation
26 
with the DOF, DOJ, DILG, DOLE, DBM, SEC, PNP, NBI and other concerned
27 
agencies, as well as representatives of the coalition of SWDAs or social welfare
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development workers shall promulgate the implementing rules and regulations to
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carry out the provisions of this Act within ninety (90) days from its effectivity.
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Sec. 40. Separability Clause. -  Should any provision of this Act be found
2 
unconstitutional by a court of law, such provision shall be severed from the
3 
remainder of this Act, and such action shall not affect the enforceability of the
4 
remaining provisions of this Act.
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Sec. 41. Repealing Clause. -  All laws, decrees, letters of instruction,
6 
resolutions, orders or parts thereof which are inconsistent with the provisions of this
7 
Act are hereby repealed, modified or amended accordingly.
8 
Sec. 42. Effectivity Clause. -  This Act shall take effect fifteen (15) days after its
9 
publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved,
17