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Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILLNO. 7308

Introduced by Representatives Rosanna “Ria” V. Vergara and Florida “Rida” P. Robes

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

EXPLANATORY NOTE

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

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

general welfare.

Thus, the passage of this bill is earnestly sought.

v\

ROS. “RIA” Vi VERGARA FLORID4/“RIDA” P. ROBES


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session

néUse HED Ro, 7308

Introduced by Representatives Rosanna “Ria” V. Vergara
‘And Florida “Rida” P. Robes

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

ARTICLE I
GENERAL PROVISIONS
SECTION 1. Short Title. — This Act shall be known as the “Social Welfare and
Development Agencies Act.”

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

private sector plays in the delivery of social welfare and development programs and services
to the public. Towards this end, the State shall ensure that social welfare and development
programs and services in the public and private sectors comply with national standards and
adhere to the principles of human rights. The State shall set standards, register, license, accredit,
and monitor social welfare and development agencies, service providers, groups or
organizations engaged in social welfare and development activities. It shall also provide
appropriate consultative mechanisms to enable mutual beneficial engagements of the private
sector and its counterparts in government to set social welfare and development priorities,
identify areas where synergies are possible, and jointly develop standards that meet the
challenges and demands of the services they provide to the poor, the vulnerable, the
marginalized, the disadvantaged, and the underprivileged sectors of Philippine society.


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

SECTION 3. Coverage. — This Act applies to all non-stock, non-profit corporations
operating in the Philippines, both public or private, with the primary purpose of implementing
or intending to implement social welfare and development programs and services for the poor,
vulnerable, marginalized, disadvantaged, and underprivileged beneficiaries. Organizations
established by a treaty or other instruments governed by international law or possessing its own
international legal personality are not covered by this Act.

SECTION 4. Definition of Terms. — As used in this Act:

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

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

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

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

(3) Women;

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

(5) Senior citizens or older persons;

(6) Dysfunctional families;

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

and


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

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

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

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

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

(g) Social Welfare and Development Agency (SWDA) refers to a nonstock,
nonprofit, public or private corporation, implementing or intending to implement,
mainly or generally, social welfare and development programs and services in the
Philippines, either directly or indirectly, and assessed as having the capacity to
operate administratively, technically and financially to serve the poor, the vulnerable,
the marginalized, the disadvantaged, and the underprivileged beneficiaries as defined
in this Act;

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

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

and interventions; and


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

ARTICLE II
SOCIAL WELFARE AND DEVELOPMENT AGENCIES

SECTION 5. Classification of SWDAs. ~ An SWDA may either be a Social Welfare
Agency or an Auxiliary SWDA.

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

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

(2) Community-based Agency. - An SWA that implements community-
based or street-based programs and services delivered to beneficiaries while in
their home or in the community such as those in senior citizens centers, day-care
centers and vocational rehabilitation centers. These programs and services include
sponsorship or scholarship programs, assistance to victims of disasters, and social
services to individuals and families; or

(3) Child-placing Agency. — An SWA that receives and processes
applications of the prospective foster or adoptive parents and facilitates placement

of children eligible for foster care or adoption.

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


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

(2) Resource Agency. — An SWDA that provides tangibles such as funds,
food, clothing, medicines, and shelter; or intangibles such as knowledge and skills
to help various SWDAs achieve their goals in providing social welfare and
development services for their beneficiaries; or

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

SECTION 6. Service Delivery Modes. — Social welfare and development programs and

services may be delivered in any of the following modes:

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

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


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SECTION 7. Administration and Management. — An SWDA is managed by individuals
whose qualifications meet the criteria set under the rules and regulations to be issued to
implement the provisions of this Act. It may be operated by:

(a) Private individuals, educational institutions, civic organizations, and
faith-based organizations; or
(b) NGAs, LGUs, government-owned and -controlled corporations
(GOCCS), and state universities and colleges with social welfare and development
programs and projects.
At least sixty percent (60%) of the seats in the Board of Trustees of SWDAs operated by
non-stock and non-profit corporations must be held by Filipinos.

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

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

Secrecy Laws.

Any donation received by the SWDA, both in kind and in cash, shall inure only to the
welfare of the beneficiaries and the operating expenses of the SWDA.

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

determine specific expenditures for program and administrative expenses.

SECTION 10. Submission of Reports. — Each SWDA shall submit to the DSWD an
annual accomplishment and financial report duly audited by an external certified public


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accountant or a representative from the Commission on Audit (COA) and other reports as may
be required by the DSWD.

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

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

ARTICLE II
REGISTRATION, LICENSING, AND ACCREDITATION

SECTION I1. Registration. — (a) An SWDA shall register with the Securities and
Exchange Commission (SEC) for purposes of establishing its juridical personality. To be
officially recognized as an SWDA operating within the purview of social welfare and
development, the SWDA shall also apply for registration with the DSWD not later than six (6)
months from the issuance of the certificate of registration from the concerned government
agency.

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

(1) Certified true copy of registration with the SEC;

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

(3) The names of qualified technical and administrative staff and a copy of

their licenses or certificates of professional eligibilities as well as an agency guide
that outlines its operations; and
(4) Other documentary requirements, as provided for under existing laws,
rules, and regulations, as may be deemed necessary to ensure the welfare and safety
of its beneficiaries and staff.
(©) Foran SWDA that has been in operation for less than two (2) years prior
to the passage of this Act, the following additional requirements must be submitted:
(1) A manual of operation or handbook of its programs and administrative

policies, procedures and strategies to attain its purposes; and


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

(4) For an SWDA which has been in operation for at least two (2) years at
the time of the application for registration, it shall submit at least one (1) year audited
financial report, in addition to the abovementioned requirements.

SECTION 12. Licensing. — An SWA shall be given a permit and a legal authority to
operate, after having met or complied with the following licensing requirements:

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

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

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

The registration and licensing of an SWA may be done simultaneously, and, upon
approval, a certificate of registration and license to operate shall be issued.

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

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

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physical structures and safety, and client protection policy prior to the accreditation of its
programs and services.

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

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

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

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

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

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

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

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

privileges:

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

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(b) Resource augmentation for program implementation, subject to
‘compliance with the requirements as may be established by the DSWD; and
(c) Other benefits and privileges as may be deemed appropriate by the
DSWD.
SECTION 19. Benefits and Privileges of Accredited SWAs. — In addition to the
benefits and privileges of registered SWDAs and licensed SWAs, an accredited SWA is
entitled to the following benefits and privileges:

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

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

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

(d)  DSWD's endorsement to appropriate government agencies and private
establishments for discount for the processing of documents of intended

beneficiaries such as birth registration, passport, safety certificates, among others, for

residential care and community-based SWA facilities;

(©) Assistance in establishing linkages with local, national, and international
organizations and networks for the generation and sharing of resources;

(f) Nomination of board members, employees, or volunteer workers to
participate as presenters or resource speakers in local or foreign trainings or
conferences;

(g) Plaque of recognition as a model SWDA;

(h) Cash incentives;

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

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

SECTION 20. Tax Exemption. — All grants, bequests, endowments, donations, and
contributions made to the registered, licensed, and accredited SWDA that will be used actually,

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directly and exclusively by the said SWDA are exempt from donors’ tax and the same shall be
considered as allowable deduction from the gross income of the donor for purposes of
computing the donor's taxable income in accordance with the provisions of the National
Internal Revenue Code of 1997, as amended.

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

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

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

(a) Inability of SWDA officers to sustain its operation;
(6) Noncompliance with or violation of any provision of this Act; and
(©) Other causes as may be determined by the DSWD.
The constitution and by-laws or articles of incorporation of an SWDA must explicitly
state that in case of dissolution, the assets shall be utilized for social welfare and development
activities after payment of all financial liabilities.

A final and executory judgment by the DSWD finding an SWDA liable for any of the
violations stated in (a), (b) and (c) is a ground for the cancellation and revocation of the
agency’s registration or license to operate as an organization or agency, and shall be endorsed
to the SEC for its appropriate action.

SECTION 23. Deputation of Intermediaries. — Authorized intermediaries may be
deputized by the DSWD to conduct an assessment of the operation of an SWDA and social

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welfare and development workers for purposes of registration, licensing, and accreditation. The
DSWD shall provide transportation or subsidy allowance to deputized intermediaries in
accordance with the rules and regulations of the COA. Further, the DSWD shall provide
continuous capacity-building activities to the deputized intermediaries.

For purposes of this Act, intermediaries refer to persons, groups, networks of SWDAs,
or LGUs trained, accredited, and authorized by the DSWD to perform specific functions in the
process of registration, licensing, and accreditation.

SECTION 24. Investigation and Resolution of Complaints. ~ The DSWD shall accept
complaints, investigate and initiate appropriate proceedings on cases involving SWDAs. Upon
lawful cause, the DSWD shall suspend the operations of the SWDA or revoke its registration,
license, and accreditation certificates and close its facilities in coordination with law
enforcement agencies, without prejudice to the filing of criminal or civil case against erring
officials and personnel of the SWDA.

ARTICLE VI

COMPLAINTS AGAINST SOCIAL WELFARE
AND DEVELOPMENT AGENCIES

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

investigation thereon:

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

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

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

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

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

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

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

and fora.

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

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

(@) Offended party:

(6) Parent or legal guardian of a client;

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

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

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

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

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

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

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

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

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

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

A suspended SWDA shall cease its operation. However, the DSWD may allow it to
continue its operation subject to the following conditions:

(@) If the suspension will cause prejudice to the best interest of a substantial
number of beneficiaries;
(b) _If'there are no other available registered, licensed, or accredited SWDAS
that can accommodate the beneficiaries of the suspended SWDA;
(©) Ifthe SWDA agrees to be under the close supervision of the DSWD;
and
(@)__ Ifthe SWDA agrees not to accept any additional beneficiaries.
The suspension, revocation of license or closure of an SWDA shall be effected without

prejudice to the filing of criminal or civil case under existing laws.

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

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

(b) — Noncompliance with social case management standards;

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

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

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

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

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


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

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

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

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

(©) Cessation of operation as SWDA;

(d)__ Mismanagement of funds;

(©) Falsification of the requirements for registration, licensing, and
acereditation;

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

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

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

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

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

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

ARTICLE VII
STRENGTHENING THE STANDARDS BUREAU OF DSWD
SECTION 34. Strengthening of the Standards Bureau. ~ The Standards Bureau shall,
upon approval of the Secretaries of Social Welfare and Development and Budget and

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Management, be reorganized and set up to effectively and efficiently implement the regulatory
functions of the DSWD in pursuance with this Act and existing DSWD rules and regulations.
The Bureau shall be headed by a Director and Assistant Director who shall have the rank of
Director IV and Director III, respectively. Both shall be appointed in accordance with existing
rules and regulations of the CSC and the DSWD. They shall report directly to the DSWD.
Secretary.

SECTION 35. Functions of the Standards Bureau. ~ The Standards Bureau shall
perform the following duties and functions:

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

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

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

(d) License social welfare agencies;

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

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

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

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

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

g) Perform such other acts which are necessary or incidental to the proper

exercise of its functions and duties.

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SECTION 36. Divisions of the Standards Bureau. — The Standards Bureau is composed
of three (3) divisions that shall perform the following respective functions:

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

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

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

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

SECTION 38. Additional Plantilla Positions. - The number of assigned plantilla
positions for the DSWD Standards Bureau and its regional counterparts shall be increased in

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order to ensure the proper implementation of this Act and the effective performance of the
offices organized herein, subject to the evaluation and approval of the DBM.

ARTICLE VIII
ENFORCEMENT AND PENALTIES FOR VIOLATIONS

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

enforcement of this Act.

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

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

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

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

If the offender is a government official or employee of the DSWD or any government
agency, the offender shall be penalized in accordance with civil service rules and regulations
and shall be perpetually disqualified from holding public office

ARTICLE IX,
FINAL PROVISIONS

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

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necessary for its continued implementation shall be included in the annual General
Appropriations Act.

SECTION 43. Transitory Provision. — All unregistered or unlicensed SWDAs that are
currently operating shall have a period of one (1) year from the effectivity of this Act to apply
for registration or license to operate with the DSWD.

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

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

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

SECTION 46. Repealing Clause. — All laws, decrees, letters of instruction, executive
issuances, resolutions, orders or parts thereof which are inconsistent with the provisions of this
‘Act are hereby repealed, modified or amended accordingly.

SECTION 47. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,

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