Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City. Metro Manila

FIFTEENTH CONGRESS

secora__ Regular Session

House BILL No, __ 4924

Introduced by Representative

EXPLANATORY NOTE

Republic Act No. 4373 (An Act to Regulate the Practice of Social Work and the
Operation of Social Work Agencies in the Philippines and for other purposes) was enacted
into law on June 19, 1965 and was amended by Republic Act No. 5175 (An Act to Amend
the Republic Act 4373) on August 4, 1967 to include the provision to regulate the social

work practice and the operation of social work agencies in the Philippines.

Recent developments and prevailing practices however, generated issues and
concems not covered by these laws, hence the need for the creation of the new law to
address these concerns, particularly the regulation of Social Welfare and Development
Agencies (SWDAs) operations. This proposed Bill intends to encourage the participation
of all persons, organizations or corporations, natural or juridical that engage mainly or in
part, or represents themselves to engage In charitable or social welfare and development
activities, in uplifting the quality of life of the poor, the vulnerable and the disadvantaged
sectors and strengthen their capacities to fulfill their goals through a Department of Social
Welfare and Development (DSWD) registration, licensing and accreditation. This is to
ensure effectiveness, efficiency and accountability in the delivery of quality social welfare

and development programs and services.
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In recognition of the importance and invaluable contribution of SWDAs in social
welfare and development, the Bill provides benefits and incentives to registered, licensed
and accredited SWDAs. Benefits and incentives shall include endorsement for duty and
tax free importation of foreign donations: financial and other resource augmentation for
program implementation; endorsement for donee-institution status and other relevant tax
incentives: and endorsement for financial and other assistance by government agencies
or instrumentalities among others. As an instrument in promoting SWDAs' acoountability,
the Bill also provides a mechanism for sanctions in case ‘of non-compliance with standards
and procedures set by the DSWD and the provisions of the Bill including its Implementing

Rules and Regulations.

Further, the Bill also seeks to reinforce the regulatory functions of the DSWD over
the public and private individuals, agencies and/or organizations engaged in social wellare
and development activities. It provides the DSWD the authority to regulale the practice of
social work and the operation of social work agencies as provided in RA 4373 amended
by RA 5175 as well as social welfare and development agencies including (a) to register
and license and accredit SWDAs; (b) conduct monitoring and evaluation; (c) intervene in
dissolution of SWDAs, (d) recommend and/or endorse accredited SWAs and SWDAs to
obtain a donee-institution status. (e) regulation of public solicitations; (f) deputation of
individuals, groups or associations in the Philippines to conduct assessment for
registration, licensing and accreditation; (g) conduct investigation and resolve complaints
against SWDAs; and (bh) provide administrative sanctions for non-compliance wilh this Act

and other relevant laws, rules and regulations.

In view hereof, approval of this Bill is eamestly requested.

he

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
Regular Session

HOUSE BILLNG. __ 4924

Introduced by Representative

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, APPROPRIATING FUNDS THEREOF AND FOR OTHER PURPOSES

Article |
GENERAL PROVISIONS

SECTION 41. SHORT TITLE —This Act shall be known as the “Social Welfare and
Development Agencies (SWDA) Act of 2010".

SECTION 2. DECLARATION OF POLICIES

4. The State shail:

a. Promote just and dynamic social order that will ensure the prosperity and
independence of the nation and empower the people through policies that provide
adequate social services which promote full employment, raise the standard of
living, and improve the quality of life.

b. Ensure that social welfare and development programs and services in the public
and private sectors comply with national social welfare and development

standards and adhere to the principles of human rights.

c. Provide a balanced approach to the welfare and best interest of the poor, the
vulnerable and the disadvantaged sectors recognizing their right to efficient,

responsive and effective human services.

4d. Encourage the participation of individuals, groups or organizations in raising the
quality of services for the poor, the vulnerable and the disadvantages sectors.

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e Reinforce the capacities of individuals, groups or organizations to fulfil their goa!s
and help them promote efficiency. effectiveness and accountability in the delivery
of quality services through registratian, licensing and accreditation.

f. Set standards, register, license and accredit individuals, agencies. groups or
organizations engaged in social welfare and development activities and provide
appropriate consultative mechanisms and necessary assistance to them to
ensure their compliance with the set standards and cope with the demands of
providing social welfare services to the poor, the vulnerable, and the

disadvantaged sectors of Philippine Society

g. Strengthen partnership among social welfare and development agencies to
include accessing of resources between and among them for the upliftment of the
disadvantaged, marginalized and vulnerable, individuals, families, groups and

communities

h. Monitor and evaluate performance of all primary and secondary setting of any
social welfare and development activities in both public and private sectors

To institutionalize the implementation of the National Sector Support for Social
Welfare and Development Reform Project (NSS-SWDRP) or Reform to Lead Project
that will fead: (1) improve outcomes of social welfare and development services; (2)
improve governance of assistance and delivery through integrated national and local
level reforms, and (3) build capacity of DSWD and associated agencies in
performance-oriented budgeting and management.

in alt matters relating to the operation of social welfare and development (SWD)
agencies, the interest of the beneficiaries shall be the primary consideration in
accordance with the Philippine laws, rules and regulations as welll as tenets set forth
in intemational covenants.

SECTION 3. COVERAGE — This Act shall apply to all persons, groups or agencies. public
or private, profit or non-profit that are engaged in or want to engage in social welfare and
development activities

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SECTION 4, DEFINITION OF TERMS - For purposes of this Act, the following terms shall
be defined as:

4. Accreditation - refers to the process of providing official recognition ta the social
welfare and development (SWD) programs and services of the licensed agency after
meeting the minimum standards set by the government. it ensures that delivery of
programs and services are within set standards.

2. Beneficiaries — refer to the disadvantaged, marginalized and vuinerabie individuals,
groups, families and communities availing any of the services offered by SWDAs.

These are but are not limited to the following:

a. Abandoned, neglected, orphaned, abused and exploited children and other
children in need of special protection eg. children in conffict with the law.

b. Out-of-school youth and other youth with special needs;
c. Women in especially difficult circumstances (WEDC);
d, Persons with disabilities;

e, Senior citizens;

{, Marginalized and disadvantaged individuals, families and communities e.g.
indigenous group/s, those in crisis situation/s, internally displaced due to armed
conflict and other developmental projects; and

g. Victims of natural and man-made calamities/disasters
3. Department - refers to the Department of Social Welfare and Development.

4, Intermediarylies - refers to a person, group, network of social welfare and
development agencies or locai government units authorized or deputized by the
Department to perform specific function/s in the process of registration, licensing and

accreditation

5. Licensing — refers to the provision of a permit to individuals, social welfare and
development agencies to operate as such, after having met or complied with certain

standards and requirements.

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43.

Operation - relers to either direct or indirect implementation of social welfare and
development programs and services by a SWDA within @ specified geographical
coverage or place over 2 period of time using its own or tapped resources and

conduits

Publi¢ Solicitation - refers to any activity or project intended to generate funds,
money, material or other assistance from the public and private seclors for charitable

and/or public welfare purposes

Registration - refers to the official recognition of the operation of & SWDA within the
purview of social welfare and development through the issuance of a certificate of
registration by DSWD and inclusion in the registry of social welfare and development
agencies.

Registry - refers to the DSWD roster of registered, licensed and accredited SWDAs

Regulatory Agency ~ refers to government agencies vested with the power to
protect, foster, promoie, preserve and control the organization's operations in the
country with due regard for the interests of the public and of its patrons.

Revocation - refers to the cancellation of the registration, license and/or
accreditation certificates of a SWDA for the commission of any of the grounds as
provided for in this Act

Social Welfare and Development Agency (SWDA) - refers to a person, corporation
of organization, engaged in providing directly or indirectly social welfare services and
obtains its finances either totally or in part, foreign or jocal, fram any agency or
instrumentality of the goverment and/or from the community by direct or indirect

solicitations and/or fund drives and/or endowment.

Solicitation Permit - refers to the authority issued to individuals, organizations or
associations to solicit donations, generate funds or voluntary contributions for charity
and/or social welfare purposes. The Department of Social Welfare and Development
shall issue permit for nationwide and regionwide solicitation, Provincial Social
Welfare and Development Office (PSWDC) for provincial solicitation or City/Municipal
Social Welfare and Development Office (C/MSWDO) for city/municipal level of
solicitation.

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Standards Compliance Monitoring - refers to a set of organized activities
conducted by an authorized personnel or intermediary of the Department on @
regular basis or on an agreed timeframe to keep track of the status and operation of
registered, licensed and accredited SWDAs in accordance with established social

welfare and development standards

Suspension — refers to the temporary cessation of operation as @ form of penalty
imposed to a SWDA for violation of any of the grounds stipulated in this Act. When
the agency is under the suspension shall neither accept nor admit any additional

client/s.
Article i

SOCIAL WELFARE AND DEVELOPMENT AGENCIES

SECTION 5. NATURE AND PURPOSE — A SWDA Shall operate under the principle of

non-dividend dectaration of income, if any. and in which case, this shall primarily inure to

the benefit of its beneficiaries and none to any of its governing boardiofficers.

SECTION 6. TYPES OF SOCIAL WELFARE AND DEVELOPMENT AGENCY - The
types of SWDA, by virtue of their establishment, shall be classified as follows:

Social Welfare Agency (SWA) — refers to a type of SWDA which employs social
worker/s and/or community development worker/s and other qualified
paraprofessionals who have related trainings and experiences that directly provide
remedial, preventive and developmental programs and services to individuals,

families, groups and/or communities. These may include:

a. Residential based Agency — refers to SWA that provides twenty-four (24) hour
residential care services for abandoned, neglected or voluntarily committed
children and youth, women, persons with disabiliies and older persons. among

others.

b. Community-based Agency — refers to SWA that implements community based
service/s to include senior citizens center, day care center, vocational

rehabilitation center, sponsorship/scholarship program, assistance to victims of

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disaster and social services to individuals and families among others while in their

home or in the community.

c. Child Placing Agency — refers to SWA that receives and processes applicants to
become foster or adoptive parents and facilitate placement of children eligible for
foster care or adoption.

2. Auxiliary SWDA — refers to @ type of SWDA which provides supportive activities in
the delivery of social welfare and development programs and services to the
disadvantaged sector/s. These may include the following:

a. People’s Organization — refers to an auxiliary SWDA with a bonafide 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 e.g. federation of senior citizens, youth

organization/s and associations of women and persons with disabilities, among

others.

b. Resource Agency - refers to an auxiliary SWDA that provides tangibles such as.
funds, food, clothing, medicines and shelter, or intangibles such as knowledge
and skills to help various SWDAs to achieve their goals in providing social welfare

and development services for thelr beneficiaries.

c. SWD Network — refers to a group of SWDAs that organized themselves fora
common goal in promoting social protection of disadvantaged and vulnerable

groups e.g coalition, alliance or federation

SECTION 7, SERVICE DELIVERY MODE — The means by which social welfare and
development programs and services are delivered which include, but not limited, to
the following:

1,  Residential-based- refers to the programs and services where group care is
provided to residents under the guidance of a trained staff and within a
structured therapeutic environment with the objective of reintegrating him/her
with the family or community or in the cases of children, it is until such time
when a better alternative parental care. This program could also be provided
for those children pursuing formal education away from their family.

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2. Community-based — refers to the programs and services rendered when the
helping process takes place In the community as the primary client system or
when social welfare and development activities are provided to individuals,
groups or families while they remain in their homes. it is characterized by
interaction between the client and worker in the community in relation to the
resolution of identified problems and concerns. These include but not limited
to: senior citizens center, day care center, drop-in center, vocational
rehabilitation center, sponsorshipischolarship program, alternative placement
service, assistance to victims of disaster and social services to individuals and

families among others while in their home or in the community.

SECTION 8 GOVERNANCE AND MANAGEMENT — SWDA shall be governed by
competent individuals whose qualifications meet the criteria set by the Department. It may
be operated by the National Government Agencies (NGAs}, Local Government Units
(LGUs), Government-Owned and Controlled Corporation (GOCCs), state colleges or
universities, private individuals, private institutions, and educational institutions or faith
based organizations as part of their extension services or social welfare activities oF
projects. For the SWDAs operated by private institutions, educational institutions and/or
faith based organizations. at least sixty percent (60%) of its Board of incorporators shall

be Filipinos.

SECTION 9. SALARIES, WAGES AND OTHER BENEFITS — Regardless of category,
the Board of Directors/Trustees shall not receive any compensation or benefits except for
reasonable per diem and honorarium. The SWDA shall comply with salaries, wages and
benefits of employees in accordance with the Civil Service Commission (CSC) and Labor
Code of the Philippines and other related laws, rules and regulations. The Department in
consultation with the CSC and Department of Labor and Employment (DOLE) shall
get standards on salary scale for the social workers who will manage cases of

beneficiaries of the SWDAs

SECTION 10, OPERATING EXPENSES — The SWDA shall utilize at least eighty (80%)
percent of its funds for direct social welfare and development programs and services and
not more than twenty (20%) shall be expended for administrative concems. For a
common term of reference, the Department shall identify specific expenditures for program
and administrative expenses. Funds of the SWDA shall be deposited in the name of the

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organization in @ banking institution regulated by the Bangko Sentral ng Pitipinas.
Financial transactions, book of accounts and other reports shall be available to the public,
agency staff and other concemed individuals or agencies for transparency and monitoring

purposes.

SECTION 11. SUBMISSION OF REPORTS - Ali SWDAs shall submit to the Department
‘on an annual basis, their updated General Information Sheet, accomplishment reports,
financial reports duly audited by an ‘extemal certified public accountant or a Commission
on Audit (COA) representative, as the case may be, and other reports as may be required
by the Department. The said reports shall be submitted to the Department within sixty
(60) days after the end of every fiscal year of the SWDA as provided in its Constitution and
by-Laws.

Article It
REGISTRATION, LICENSING AND ACCREDITATION

SECTION 12. REGISTRATION — All SWDAs as defined herein shali first have registered
with ihe Securities and Exchange Commission (SEC) or Cooperative Development
Authority (CDA) for purposes of establishing their juridical personality. Within six (6)
months from the issuance of registration from the said regulatory government agencies,
the concemed SWDA shall apply for registration to the Department. The requirements for
registration include but are not limited to the following:

4. The applicant must be duly registered with the Securities and Exchange Commission

or other regulatory government agency which established its juridical personality;

2. The applicant has a manual of operation or handbook of its programs and

administrative policies, procedures and strategies to attain its purpose/s;

3. The applicant has at least two (2) years approved work and financial plan for the
implementation of its programs and services indicating the planned of activities

and corresponding amount of funds and sources of donations.

4. At least one (1) year audited financial report of the applicant which is in

operation upon application

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5. The applicant has physical facilities kept in good condition and designed to promote

the welfare of their beneficiaries and staff, and

6. The applicant employs a sufficient number of qualified technical and administrative

staff to deliver its programs and services

SECTION 13. LICENSING — Simultaneously with the registration at the Department,
all SWDAs categorized as SWA as defined herein shall apply for licensing to the

Department. Hence, a Certificate of Registration and License to Operate shall be

issued as one to the eligible SWAs. Additional requirements for licensing include but

are not limited to the following:
4. The applicant must be engaged mainly or generally in social work activitylies;

2, The applicant employs a sufficient number of qualified and registered social workers
and/or community development workers to supervise and take charge of its socia!
work functions in accordance with accepted social work standards and other

employees trained on specific programs and services to be implemented;

3. The applicant keeps a record of its cases managed and welfare activities

implemented

SECTION 14. ACCREDITATION — Within one (1) year after the issuance of a License to
Operate, all social welfare and development programs and services being implemented by
the SWA are required to be accredited by the DSWD or its authorized intermediaryfes.
Both residential and community based social welfare and development programs and
services being implemented by DSWD, LGU and other government agencies shall also be
required to be accredited. Before a licensed SWA is accredited, the applicant must have
complied with the standards set by the Department on administration and organization,
program management, case management, helping strategies/interventions and physical
structures and safety, among others

SECTION 15. COMPLIANCE WITH STANDARDS - The operation of SWDAs, including
their programs and services shall comply with the requirements, standards, criteria and

guidelines set for registration, licensing and accreditation by the DSWD.

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SECTION 16. FEES AND CHARGES - Ali applications shall be charged with
corresponding fees to be determined by the Department. These shall be remitted to the
Department's trust fund/account to be used solely for the effective implementation of this
Act and provision of benefits and incentives to registered/licensed/accredited
SWDAs.

SECTION 17, EXEMPTION FROM DSWD REGISTRATION AND LICENSING - All
DSWD residential care facilities; social service units/department of Locat Government
Units; public and private hospitals; courts and other social welfare facilities of National
Govemment Agencies, Government-Owned and Controlled Corporations by virtue of the
legal bases of their establishment or charters are exempted from securing registration and
license to operate from the Department. However, they shall be required to apply for
accreditation following the same requirements and standards: and shall be subjected to
regular monitoring by the Department. Non-government organizations created by law
shall likewise be exempted but shall submit their annual accomplishment and audited

financial reports.

SECTION 18, VALIDITY - Registration, License to Operate and Accreditation Certificates
shall have a validity period to be determined by the Department.

Article IV

BENEFITS AND PRIVILEGES OF REGISTERED, LICENSED AND ACCREDITED
SOCIAL WELFARE AND DEVELOPMENT AGENCIES

SECTION 19. REGISTERED, LICENSED ANDIOR ACCREDITED SWDAS - All
registered, licensed and/or accredited SWDAs may be entitled to the following:

4. Inclusion in the Directory of Registered, Licensed and/or Accredited SWDAs;

2 Technical assistance in the areas of capability building, packaging of project
proposal, provision of program materials and skills enhancement to strengthen

program and service implementation:

3. Endorsement to other government agencies on the availment of

missionary/working visas of foreign board/employees/volunteers

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4. Endorsement for duty free importation of foreign donations;

5. Endorsement for donee-institution status and other relevant tax incentives as
provided by law; and

6. Other benefits and privileges may be provided as deemed appropriate by the
Department

SECTION 20. LICENSED SWDAS - In addition to the benefits provided in Section 18a
licensed socia! welfare agency may also be entitled to the following:

1. Endorsement for duty and tax free importation of foreign donations;

2. Financial subsidy or resource augmentation for program implementation, subject to
compliance with the requirements as may be established by the Department; and

3, Other benefits and privileges may be provided as deemed appropriate by the

Department

SECTION 21. ACCREDITED SWDAS -In addition to the benefits and privileges provided
in Sections 18 and 19, the Department's accredited SWDAs may also be entitled to the
following benefits depending on the level of compliance to set standards of the
Department:

4. Endorsement for at least 50% discount for the consumption of electricity, water and
telephone to the residential care, group homes and community center based facility
that are operated exclusively for the purpose of promoting the well being of the
beneficiaries defined herein.

2. At least 50% discount for the processing ‘of documents for the welfare of its
beneficiaries such as birth registration, passport, school matriculation fees, safety
certificates among others for residential care and community based SWAs facilities

on any government and private establishments.

3. Assistance in establishing linkages with local, national and international organizations

and networks for resource development, sharing and generation;

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4, Nomination for travel local and abroad to participate in relevant training/conferences

as a paper presenter and/ or resource speaker,
5, Plaque of recognition and cash incentive:
6. Recognition as a model SWDA and laboratory for trainings and research;

7. Authority to undertake training according to their expertise and charge corresponding
fees: and
8. Other benefits and privileges may be provided as deemed sppropnate vy uw

Department

SECTION 22. ENDORSEMENT FOR FINANCIAL AID BY GOVERNMENT AGENCY OR
INSTRUMENTALITY - Registered, licensed and/or accredited SWDAs may be endorsed
for availment of financial or other aid from any govemment agency or instrumentality
provided they have complied with the documentary requirements and standards.

Article V
OTHER REGULATORY POWERS AND FUNCTIONS OF THE DEPARTMENT

SECTION 23. REGULAR CONDUCT OF MONITORING AND EVALUATION - The
Department, through its authorized representative and intermediaryfies shall conduct
regular monitoring and evaluation of the SWDAs and their residential or center-based
facilities, financial accounts, documents of whatever nature pertaining to the operation of
the SWDA including records of their beneficiaries and benefactors/donors. It shall also
include the authority to monitor trusts or other fiduciary relationships executed by the
SWODA for and in behalf of their beneficiaries in relation to specific benefactors or

sponsors.

SECTION 24. DISSOLUTION OF SWDAS - The Constitution and By-laws/Articies of
Incorporation of SWDAs shall explicitly state that in case of dissolution, the assets. after
payment of all financial liabilities, shall be utilized for social welfare and development
activities, The Department's Secretary or his/her authorized representative shail have the
authority to intercede or participate in the disposition of the SWDA's assets in case of
dissolution or closure.

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The following shall be grounds for dissolution of SWDAs:
4. Lack of interest on the part of SWDAs officers to sustain its operation;
2. Failure to comply with the requirements provided by this law; or

3. Violations of any provision of this law and other related laws

SECTION 25. RECOMMENDATION AND/OR ENDORSEMENT OF ACCREDITED
SWDAS TO OBTAIN A DONEE-INSTITUTION STATUS—For the purpose of tax
deductibility as provided for in Section 34 (H) of the 1997 Tax Reform Act and/or other
related laws on the granting of tax exemption to organizations engaged in providing social
welfare and development programs and services, the Department by virtue of its mandate
‘over the operation of those agencies engaged in social welfare and development activities
shall be the only agency to recommend and/or endorse to the Department of Finance
accredited SWDA to obtain a donee-institution status and other tax benefits.

SECTION 26. STANDARDS SETTING, REGISTRATION, LICENSING AND
ACCREDITATION OF SWDAS AND SERVICE PROVIDERS — The Department shall set
standards, register, license and accredit persons, organizations and corporations engaged
in social welfare and development activities, both public and private, including social
service units/departments of LGUs, NGAs. GOCCs and State Colleges and Universities
and provide consultative services thereto to insure effective implementation of public and
private social welfare programs, policies and standards.

SECTION 27. REGULATION OF PUBLIC SOLICITATIONS ~ The Department and Local
Government Unit shall be the primary agency to issue a permit to private individuals,
groups, associations or SWDAs for the conduct of public solicitations. The Department
shali be responsible for the national and regional solicitation, Provincial Social Welfare
and Development Office (PSWDO) fer provincial level while City/Municipal Social Welfare
and Development Office (C/MSWDO) for the city/municipal level.

SECTION 28. DEPUTATION OF INDIVIDUALS, GROUPS OR ASSOCIATIONS TO
CONDUCT ASSESSMENT FOR REGISTRATION, LICENSING AND ACCREDITATION—
The local social welfare and development office, private individuals, volunteers, groups or
associations may be deputized by the Department to conduct assessment of SWDAs and

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service providers for registration, licensing and/or accreditation subject to qualifications,
policies, rules and regulations established by the Department for the purpose. The
Department shall provide those deputized with transportation or subsidy allowance in
accordance to Commission and Audit (COA) rules and regulations

SECTION 29. CONDUCT INVESTIGATION AND RESOLVE COMPLAINTS AGAINST
SWDAS — The Department shall accept complaints, conduct investigation and initiate
appropriate proceedings on cases involving SWDAs. It shall, after due process, suspend
and/or revoke the Registration, License and/or Accreditation Certificate/s of SWDAs, close
the SWDAs facllity/ies without prejudice to fling of criminal and/or civil case against erring
officials and/or personnel of SWDAs. In cases where SWDAs are not covered under
these provisions such as those unregistered and/or licensed SWDAs, other existing

laws should apply
Article VI
COMPLAINT AGAINST SOCIAL WELFARE AND DEVELOPMENT AGENCIES
SECTION 30. COMPLAINTS - Any compiaint’s against a SWDA may come in any of the

following forms:

4. Report of an authorized personnel or office of the Department as a result of
assessment for registration, licensing or accreditation, or of monitoring of standard

compliance or program/project implementation;
2. Verbal information by a person or persons, group or organizations:
3. Signed and unsigned letters, documents or reports;

4. Printed materials or written articles in the newspaper, magazine, editorial and the
like;

6. Information sent or received through print, broadcast or electronic media e.g text

messages and email letter; or

6. Other possible sources of information. such as minutes of meeting, consultation, fora

and other similar sources.

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In case of verbal and unsigned information, the Department shall conduct a validation
on alleged violations or actions of the SWDA being reported. If and when this is not
possible, these shall be documented by the receiving personnel or office of the
Department. Documented information and printed materials shall be dealt with according
to the procedures in handling comptaints/information.

SECTION 31. WHO MAY FILE A COMPLAINT — Any compiaint against SWDA may be
filed to the Department by the following:

4. Offended party ;
2. Parent or legal guardian of a client;

3, Ascendant or coliateral relative of the client (e.g. child) within the third degree of
affinity or consanguinity;

4. Duly authorized officer or social worker of the DSWD;

5. Officer, social worker or representative of a registered/licensed/accredited SWDA:

6. Barangay Chairman and/or other local offciials; or

7. Person/s who has/have personal knowledge of the acts complained or reported for

action

SECTION 32. REVIEW COMMITTEES - There shall be a Committee at the Central and
Field Offices of the Department to handle cases against unregistered, registered, licensed
and/or accredited SWDAs. The Field Office Review Commitiee shall handle cases at the
initial stage while the Central Office Review Committee shall exercise jurisdiction over
cases forwarded to the Department Secretary for appeal. In both cases, there must be
two (2) representatives from licensed and/ or accredited SWDAs. These Committees shalt
be organized within sixty (60) days upon the effectivity of this Act, Further, those
members of the Committees who are not staff of the Department shall be provided with
subsidy and/or transportation allowances in accordance to Commission and Audit (COA)

rules and regulations

SECTION 33. PROCEDURES - Any complaint or violations allegedly committed by a
SWDA shall be dealt with in accordance with the rules and procedures of the Department.
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The Department, within sixty (60) days upon effectivity of this Act shail convene an inter-
agency group composed of representatives from various registered, licensed and/or
accredited agencies to review its existing rules and procedures in handling of complaints
and issue corresponding guidelines that shall form part of the Implementing Rules and
Regulations of this Act

SECTION 34. SUSPENSION AND/OR REVOCATION - The Registration, License and/or
Accreditation Certificates issued to SWDA shall be suspended or revoked if, after due
process, the Department finds, that it has failed to perform its functions as SWDA, or has
violated existing laws, rules and regulations. The suspension or revocation shalt be
without prejudice to the filing of criminal and/or civil case under existing laws.

SECTION 35. GROUNDS FOR SUSPENSION AND/OR REVOCATION - The grounds
for suspension and/or revocation shall include but are not limited to the following:

1. Suspension

a. Insolvent or is not in a financial position to continue support and maintain its
operation or to perform the functions for which it was granted registration and

license;
b. Poor case management of beneficiaries;

c. The SWDA Is located in a place or community that is dangerous or would expose

clients to crime, vice, immorality, corruption or severe cruelty;
d. Poor sanitation of facilities and surroundings rendering these unfit for clientele,
e. Violation of the SWDA’s Constitution and By-Laws

{. Failure to submit annual accomplishment and audited financial reports for two (2)

consecutive years;

g. Failure to apply for renewal of accreditation of programs and services after two (2)

consecutive notifications and moniloring visits of the Department.

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Revocation

a. The SWDA is being used for immoral purposes such as but not limited to
trafficking, gambling, prostitution, money laundering, terrorist financing and other
similar acts;

b. The clients therein are being neglected or are undemourished,
c. Ceased to operate as a SWDA;

d. Mismanagement of funds;

e. Falsification of the requirements for registration, licensing and/or accreditation;
{. Exploitation, abuse or neglect of its beneficiaries;

g. Revocation of its registration for juridical personality from SEC or other regulatory

agency; or

h. Non-compliance of SWDAs on the agreed action plan during the accreditation

assessment for two (2) consecutive monitoring visits of the Department.
Article Vil

LOCAL SOCIAL WELFARE AND DEVELOPMENT COUNCIL

Section 36. GREATION AND COMPOSITION:

A Social Welfare and Development Council shall be established in every province,

city and municipality

The composition of the Local Social Welfare and Development Council shall be as

foliows:

a. The Provincial Social Welfare and Development Council shall compose of the
Govemor as Chairperson, Provincial Social Welfare and Development Officer as
Vice-Chairperson, and Chairpersons of the local sectoral committees for children,
youth, women, older persons and persons with disabilities and a representative

from the private SWDAs as members;

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b. The City Social Welfare and Development Council shall compose of the City
Mayor as Chairperson, City Social Welfare and Development Officer as Vice-
Chairperson, and Chairpersons of the loca! sectoral committees for chitdren,
youth, women, older persons and persons with disabilities and a representative

from the private SWDAs as members;

c. The Municipal Social Welfare and Development Council shall compose of the
Municipal Mayor as Chairperson, Municipal Social Welfare and Development
Officer as Vice-Chairperson, and Chairpersons of the local sectoral committees
for children, youth, women, older persons and persons with disabilities and a

representative from the private SWDAs as members;

Section 37, FUNCTIONS OF THE LOCAL SOCIAL WELFARE AND DEVELOPMENT
Council - The Provincial, City and Municipal Social Welfare and Development Council

shall have the following functions:

+. Propase to the Sanggunian concemed, in accordance with standards and criteria sel
by the Department, annual budgetary allocations for the operation and maintenance
of social welfare and development facilities and services within the province, city or

municipality, as the case may be;

2. Serve as an advisory committee to the Sanggunian concemed on social welfare and
development matters such as, but not limited fo, the necessity for, and application of

local appropriations for social welfare and development purposes;

3. Advocate for and participate in the review/amendment of standards, policies, rules
and regulations along social welfare and development of the area/localily;

4. Promote registration, licensing and accreditation to government and non-govemment
organizations and/or people's organization involved in the implementation of social

welfare and development programs and services in the area; and

5 Assist the Department in the monitoring of SWDAs operating in its area/s of

jurisdictions

Section 38. DSWD MONITORING ON LOCAL SOCIAL WELFARE AND
DEVELOPMENT COUNCIL. The Department shall conduct periodical monitoring and

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provide necessary consultative and technical services to the Local Social Welfare and
Development Council to ensure effective and efficient impiementation of its functions. The

Department designated staff may sit during the Councit’s periodical meetings.
Article Vil
IMPLEMENTATION OF THE LAW AND RULE MAKING AUTHORITY

SECTION 39. LAW IMPLEMENTATION AND ENFORCEMENT - The Department shall
be the jead agency in the implementation and enforcement of this law. The Department
shall in consullation with Civil Service Commission (CSC), Commission on Audit (COA),
Department of Finance (DOF), Department of Interior and Loca! Goverment {DILG),
Department of Labor and Employment (DOLE), Leagues of Provincial/City/Municipalities
of the Philippines, Philippine National Police (PNP), Securities and Exchange Commission
(SEC) and other concerned government agencies and three (3) representatives from any
of the coalition of NGOs, peaples organizations, service providers and other concemed
linety (90) working

agencylies promulgate the necessary rules and reguiations within
days from the effectivity of this Act. Other policies and procedures necessary in carrying
out the provisions of this Act shall likewise be issued by the Department.

SECTION 40, ASSISTANCE FROM LAW ENFORCEMENT AGENCY — The Law
Enforcement Agency/ies shall provide assistance to the Department in enforcing this Act
including the rules and regulations promulgated to implement its provisions in accordance

with existing laws and the Rules of Court.

SECTION 41. IMMUNITY OF OFFICER/STAFF INVOLVED IN THE ENFORCEMENT
OF THE LAW- The duly authorized officer or staff of the Department and law enforcement
agency , if any, who shall be involved in the effective and efficient implementation and

enforcement of the faw shall be exempt from any civil, criminal and administrative lability.
Article IX

FINAL PROVISIONS

SECTION 42. VIOLATION AND PENALTIES ~ It shall be unlawful for any person, group
or organization to operate as SWDA without securing the necessary registration. license

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and/or accreditation from the Department. A penalty of imprisonment ranging from two (2)
years and one day to four (4) years andior a fine of not less than One Hundred Thousand
Pesos (P100,000.00) but not more than Five Hundred Thousand Pesos (P 500,000.00) or
both at the discretion of the court shall be imposed, When the offender is a foreigner,
he/she shall be immediately deported and be barred permanently from entering the

country after having served his/her sentence.

SECTION 43. TRANSITORY PROVISION - All SWDAs operating without a registration
and/or license from the Department shall have a period of one (1) year from the effectivity
of this Act to apply for registration and license to operate with the Department. Likewise,
within sixty (60) days from the effectivity of this Act, the Department shall notify all SWDAs
ragistered and licensed by the DSWD on the implementation of this Act. Upon compliance
of required documents, new registration and license to operate shail be issued to said
SWDAS.

SECTION 44. APPROPRIATIONS — The amount necessary to carry out the provisions of
this Act is hereby authorized to be included in all the General Appropriations Aci of the

year following its enactment into law and thereafter.

SECTION 45. REPEALING CLAUSE - Section 23 of Republic Act 4373 and all other
laws, presidential decrees or issuances, executive orders, letter of instructions,
administrative orders, rules and regulations contrary to, or inconsistent with the provisions
of this Act are hereby repealed, modified, or amended accordingly.

SECTION 46. SEPARABILITY CLAUSE—In the event that any provision of this Act is
held invalid or unconstitutional, the other provisions not affected thereby shall remain valid

and subsisting.

SECTION 47. EFFECTIVITY CLAUSE—This Act shall take effect Fifteen (15) days

following its complete publication in any two (2) newspapers of general circulation.

Approved.

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