TEENTH CON 
OF THE P ” E S  
FIRST REGULAR SESSION 
E 
This bill, 
the Magna Carta for Social Welfare and Social Workers and 
Development Workers, is one of the priority measures of the national government 
considering that it is defined and intended to assist one of the noblest areas of public 
service: social work. 
The legislation is formulated in accord with the basic precept 
stated in the 1987 Philippine Constitution, “[tJhe State shall promote social justice in all 
phases of national development.” (Art. II, Sec. IO) 
The social workers and social welfare and development workers are the epitome 
of outstanding bureaucrats as they perfbrm the most specialized functions in the 
government. They are on a stand-by while the maelstrom of calamities and disasters are 
destroying our midst. 
They accord life to the orphaned unborn, rear and care for the 
battered women, 
and assist the underprivileged. 
They v e m  and complement the 
information of some court cases. 
The social workers and social welfare and 
development workers are thus recognized for the greatness of their acts and the nobility 
of their sector through this legislation. 
The bill is highlighted by the following salient provisions: 
* The bill included other non-social work professionals in the social welfare 
and development to avail of the benefits under the Magna Carta; 
It accords substantial rights to social welfare and development workers 
and social workers: 
- 
Protection form discrimination by reason of sex, sexual orientation, 
Protection &om any form of interference, intimidation, harassment, 
age, 
political or religious beliefs, 
civil 
status, 
physical 
characteristics/disability, or ethnicity; 
or punishment, to include but not limited to arbitrary reassignment 
or termination of service, in the performance of hisher duties and 
responsibilities; 
- 
Join, organize, or assist organizations or unions for l a d l  
purposes; 
Protection from any act that will prevent hidher from applying 
professional interventions that the client’s situation may require; 
and 
- 
Opportunities 
for 
continuing 
professional 
growth 
and 
devef opment . 
- 
- 
The creation of a Coordinating Committee to oversee the implementation 
of this law and similar statutes on social services. 


THIRTEENTH CONGRESS OF 
FIRST REGULAR SESSION 
OF THE PHILIPPINES 
~ n ~ o d u c ~ ~  
by Senator 
RKERS AND 
FOR OTHER 
Be it enacted by the Senate and the House 
assembled: 
resentatives in Congress 
. 
Title - This Act shall be known as the "Magna Carta for Social 
Workers and Social Welfare and Development Workers of 2004". 
Section 2. 
Declaration of Policy - The State shall promote and improve the 
social and economic well-being of the social workers and social welfare and development 
workers, their living and working conditions, and terms of employment. It shall develop 
their skills and capabilities to make them more responsive to the needs and problems of 
their clients and better equipped in delivering social services and program. The State shall 
likewise encourage those with proper qualifications and excellent abilities to remain in 
social development work in both government and non-government service. 
Section 3. 
efinition of Terms - As used in this Act, the following terms 
and phrases shall mean: 
a) 
Social Work-refers to the profession that promotes social charges, 
problem-solving in human relationship and the empowerment and 
liberation of people to enhance their well-being, Utilizing theories of 
human behavior and social systems, social work intervenes at the points 
where people interact with their environments. Principles of human rights 
and social justice are hndamental to social work. 
Social Welfare and ,Development Program-refers to the combination of 
development, preventive, and restorative services designed to promote the 
welfare of individuals, families, group, and communities to develop, 
enhance and/or restore their capability for hnctioning and coping with the 
demands of their environment. 
Social Workers refers to a natural person who is a holder of a valid 
certificate of registration and a valid professional identification card issued 
pursuant to R.A. and R.A. 8981 as amended. 
Private Agency - refers to any non government entity such as but not 
limited to, private corporation, hospital, industry, foundation, and 
association implementing social welfare and development programs. 
Social Welfare and Development Agency (S 
b) 
c) 
d) 
e) 
1) 
National or local government social welfare and development 
office; 
2) 
Non government organization registered with and/or accredited by 
the Department of Social Welfare and Development; or 
3) 
UnitDivision of any public and private agency/organization with 
social welfare and development finctions. 
Social Welfare and Development Worker refers to these employed in 
social welfare and development agencies and private agencies as defined 
herein. 
0 


o ~ n ~ ~ e ~ t  
- Social work positions in all social welfare and 
development agencies shall be occupied by social workers. 
a) 
b) 
c) 
All government S 
The position of Social Welfare and Development Officer is mandatory for 
the provincial, city and municipal governments. 
All private SWDAs shall have at least on (1) social worker. 
As shall be headed by social workers. 
Appointment to the position of social welfare and development worker in 
government SWDAs shall be in accordance with the qualification standards of the Civil 
Service Commission. 
Section 6. 
Geographical Reassignment of Soci 
orker/Social Welfare 
and Development Worker. - Except in emergency situations, no geographical 
reassignment shall be made or effected without written notice to the social worker/social 
webre and development worker concerned stating therein the reason/s for such: 
Provided, that said written notice shall be made at least thirty (30) days prior to the date 
of reassignment; Provided, Further, That in the government sector, reassignment 
coinciding with any local or national election shall be made in compliance with Election 
Code and other existing laws and rules; Provided, Finally That the necessary expenses for 
the reassignment of the social worker/social welfare and development worker and his/her 
immediate family shall be paid for the agency concerned. 
ection 7. 
ork Load. - The ratio of social worker/ social welfare and 
development worker to clientele shall be such as to reasonably effect a sustained delivery 
of quality service. 
ork - Any social worker/social welfare 
and development worker who renders service beyond the normal hours of work shall be 
compensated in accordance with existing laws. 
Section 9. 
Rights of a Social ~ o ~ k e ~ / $ o c ~ a l  
elfare and Development 
Worker. - The social worker/social welfare and development worker shall have the 
following rights; 
a) 
Protection form discrimination by reason of sex, sexual orientation, 
age, 
political 
or religious beliefs, 
civil 
status, physical 
characteristics/disability, or ethnicity; 
Protection from any form of interference, intimidation, harassment, 
or punishment, to include but not limited to arbitrary reassignment 
or termination of service, in the performance of his/her duties and 
responsibilities; 
Join, organize, or assist organizations or unions for lawful 
purposes; 
Protection from any act that will prevent hidher from applying 
professional interventions that the client’s situation may require; 
and 
e) 
Opportunities 
for 
continuing 
professional 
growth 
and 
development. 
b) 
d) 
Section 10. 
Compensation and Benefits. - The existing law on the salary 
scale of government employees shall apply in detemrining the salaries of social 
workerdsocial welfare and development workers in government service, including the 
local government units. Social workers/social weIfare and development workers in 
private agencies shall receive salaries and below the salary scale of similar position levels 
in government. 
Benefits enjoyed by the social workers/social welfare and development workers in 
government agencies shall likewise be enjoyed by their counterparts in the private 
agencies. 


ittee. - A Coordinating Committee is hereby 
created. It shall 
ut not limited to the heads of the following 
agencies/organizations or their duly authorized representatives: Department of Social 
Welfare and Development (DSWD). Civil Service Commission (CSC), Department of 
Interior and Local Government (DILG), Department of Labor and Employment (DOLE), 
Board for Social Workers, Philip 
Association of Social Workers, Inc. (PASWI), 
Association of ProvinciaVCity and 
cipal Social Welfare and Development Officer of 
the Phil., Inc. (APCMSWDQPI), National Association of Social Work Education, In. 
(NASWEI), National Council for Social Development Foundation, Inc. (N@SDFI), 
League of Provinces, League of Cities, league of Municipalities, Liga ng Mga Barangay, 
House of Representatives, and Senate. The DSWD shall chair the Committee and provide 
the necessary secretariat support. 
Section 12. 
Functions of' the Coordinating ~ornrn~ttee. 
- The Coordinating 
Committee shall have the following functions: 
a) 
b) 
Promulgation of the implementing rules and regulations of this Act; 
Promulgation of a Code bf Conduct for social workers/social welfare and 
development workers within six (6) months from the effectivity of this 
Act; 
c) 
Continuing evaluation of social workhocial welfare and development 
worker positions and compensation and benefits; 
d) 
Receiving and evaluating complaints and forwarding the same to the 
Concerned agency; 
e) 
Monitoring compliance with the provisions of this Act and its 
implementing rules and regulations; 
0 
Submission of their recommendations to the agencies concerned; and 
g) 
Submission of an annual report to Congress. 
The government agencies concerned shall allocate knds from their respective 
annual budget for this purpose. 
Section 13. 
Penal Provision. - Any person who shall willfully interfere with, 
restrain or coerce any social worker/social welfare and development worker in the 
exercise of his/her rights or shall violate any provision of this Act shall, upon conviction, 
be punished by a fine of not less than Twenty Thousand Pesos (P20,OOO.OO) but not more 
than Forty Thousand Pesos (P40,OOO.OO) or imprisonment of one (1) years to six (6) years 
or both fine and imprisonment at the discretion of the court. 
If the offender is a public official, the court may impose the additional penalty of 
disqualification from office in addition to the penalties provided in the proceeding 
paragraph. 
If the offender is a private institution, it shall be subject to a penalty ranging from 
suspension to revocation of license at the discretion of the court. Provided however, that 
responsible officers shall be fined not less than FrRy Thousand Pesos (P50,OOO.OO) but 
not more than One Hundred Thousand Pesos (P100,OOO.OO) or imprisonment of six (6) 
years and one (1) day to twelve (12) years or both at the discretion of the court. 
. Separability Clause - If any provision of this Act is declared 
unconstitutional or invalid, the pro&sions not affected thereby shall continue to be in full 
force and effect. 
Section 15. 
Repealing Clause - All laws, decrees orders, rules and regulations 
or other issuance inconsistent with the provisions of this Act are hereby repealed, 
amended or modified accordingly. 
ctivity Clause - This Act shaU take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation or in the Official 
Gazette, whichever comes first.