Republic of the Philippines

House of Representatives
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bit No,_8411

introduced by Honorable Cresente C. Paez and Honorable
Anthony M. Bravo

EXPLANATORY NOTE

‘The recent typhoon that assaulted our beloved country brought us many learnings that
s and

will forever mark an imprint in our hearts, With thousands dead and millions homele
displaced, it has become an urgeney for the government to establish the Department of Social
Welfare and Development in such a manner that it will be coordinated, swift and resilient to
serve magnitudes of people at a shorter period of time. ‘There is a need to coordinate and
strengthen these public and private service providers,

This bill aims to set standards, register, license, accredit, and monitor social welfare
and development service providers, 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 challenges and demands of providing social welfare and development services to the
poor, the vulnerable, the marginalized, the disadvantaged and the underprivileged sectors of
Philippine society

Although the vulnerability of our country to be exposed to great danger, be it man
made or natural, will never be prevented, but the impact on the lives of the people affected
will at least be sustained if we know that there is a holistic approach in standard setting and
coordination of social welfare and development activities through the DSWD. It is for this

reason that the approval of this bill is immediately sought

HON. conse j. PAEZ HON. ANTHONY M. BRAVO


Republic of the Philippines

House of Representatives
Quezon City

SIXTEENTH CONGRE
First Regular Session

House sittno 8411

introduced by Honorable Cresente C. Paez and Honorable
Anthony M. Bravo

RATION
CIES AND
T PROGRAMS

ING A COMPREHENSIVE SYSTEM FOR RE
|G OF SOCIAL WELFARE AND DEVELOPMENT
ION OF SOCIAL WELFARE AND D LOPM
3, AND APPROPRIATING FUNDS FOR

ACCREDIT
AND SERVI

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

ARTICLE 1
JENERAL PROVISIONS

SECTION 1. Short Title, This Act shall be known as the “Social Welfare and
Development Agencies (SWDAs) ACT OF 2013",

SECTION 2. Declaration of Policy. Iis the policy of the State to 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, ‘Towards this end, the State shall set standards, register, license, aceredit, and monitor
social welfare and development service providers, 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 challenges and demands of providing social welfare and
development services to the poor, the vulnerable, the marginalized, the disadvantaged and the

underprivileged sectors of Philippine society



The State shall also promote and strengthen the partnership among social welfare and
development agencies, national government agencies, local government units, nongovernment
organizations, faith-based organizations, and private sectors to include accessing of resources
between and among them for the upliftment of the poor, disadvantaged, marginalized, vulnerable
and underprivileged individuals, families, groups and communities in the country.

sp

“TION 3. Coverage. This Act shall apply to all social welfare and development
service providers including individual, public and private groups, associations and organizations
that are engaged in or want to engage in social welfare and development activities
SECTION 4. Definition of Terms. For purposes of this Act, the following terms are
hereby defined as
(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 disadvantaged, marginalized, and vulnerable individuals,
groups, families and communities availing themselves of any services offered by the

SWDAs which include, among others, the following:

(1) Abandoned, neglected, orphaned, voluntarily committed, abused and exploited
children and other children in need of special protection, such as children in
conflict with the law and children involved in armed conflict;

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

(3) Women in especially difficult circumstances,

(A) Persons with disabilities,

(5) Senior citizens;

(6) Marginalized and disadvantaged individuals, families, and communities, which
shall include, but not limited to, indigenous people, people living with HIV/AIDS,

those in crisis situation and internally displaced due to armed conflict and other

developmental projects; and
(7) Victims of natural and man-made calamities or disasters

(c) Department refers to the Department of Social Welfare and Development

(4) Dissolution refers to voluntarily or involuntarily termination of operation of SWDAs.

(e) Intermediaries refer to persons, groups, networks of SWDAs, or local government
units trained, accredited, and authorized by the Department to perform specific
functions in the process of registration, licensing and accreditation

(f) Licensing refers to the provision of a permit and a legal authority to SWDAS to
operate as social welfare agency, after having met or complied with minimum

standard requirements provided under this Act


(g) Operation refers to either direct or indirect implementation of social welfare and
development programs and services by a SWDA within a specified geographical
coverage or place over a period of time using its own or tapped resources and
conduits

(h) Registered social worker refers to a worker who is a graduate of Bachelor of Science
in Social Work or Master's Degree in Social Work and who has passed the social

work licensure examination and with valid registration identification card issued by

the Professional Regulation Commission.

(i) Registration refers to the official recognition of the operation of a SWDA within the
purview of social welfare and development through the issuance of a certificate of
registration by the Department and inclusion in the directory of SWDAS after having
complied with the set requirements of the Department.

(i) Revocation refers to the cancellation of the registration, license and accreditation
certificates of a SWDA for the commission of any of the grounds as provided under
this Act.

(k) Social services refer to those organized activities that are primarily and directly
addressed to disadvantaged individuals or groups to maximize their social
functioning

() Social welfare and development workers refer to social workers or other professionals
who are engaged in the delivery of social welfare and development programs and
services and are accredited by the Department. They may include social workers
managing court cases, marriage and pre-marriage counselors, and day care workers
among others.

(m) Social welfare refers to an organized system of programs and services designed 10
aid individuals, groups and communities to attain improved quality of life and well-
being in harmony with the needs of their family and community.

(n) Social Welfare and Development Agency (SWDA) refers to a corporation,
organization or association engaged in providing directly or indirectly social welfare
and development programs and services and obtains its finances either totally or in
part, foreign of local, from any government agency or instrumentality or from the
community by direct or indirect solicitations and other fund-generating activities as
authorized by law.

(0) Social work refers to the prof

ion 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

(p) Suspension refers to the temporary cessation of operation as a form of penalty

imposed to a SWDA for commission of any of the grounds stipulated under this Act.


When a SWDA is under suspension, it shall neither accept nor admit any additional
clients and shall be under close supervision and monitoring by the Department

(q) Unregistered SWDAs refer to agencies or organizations that provide direct or indirect
social welfare and development programs and services without registration and/or

license to operate from the Department

ARTICLE IL
SOCIAL WELFARE AND DEVELOPMENT AGENCIES
"TION 5, Nature and Purpose. ~

SI SWDA shall be a non-stock, non-profit

organization or association organized and operated for social welfare and development programs
and services, and no part of the funds or donations in kind generated by the SWDA shall inure to
the benefit of any private individual but for the benefit of the beneficiaries and its operating
expenses

SECTION 6. Classifications of SWDA
and their subclassifications shall be defined as follows:

(a) Social Welfare Agency (SWA). - A SWDA which employs social workers,

community development workers, and other qualified paraprofessionals who have related

= The two (2) main classifications of SWDAs

trainin,

and experiences that directly provide restorative, preventive, and developmental

programs and services to poor, vulnerable, marginalized, disadvantaged, and underprivileged

sified as follows:

individuals, families, groups or communities. A SWA may be cl

(1) Residential-Based Agency. ~ A SWA that provides twenty-four (24)-hour residential

care services for abandoned, neglected or voluntarily committed children, women, persons with
disabilities, and older persons, among others;

(2) Community-Based Agency. — A SWA that implements community-based and street-
based programs and services delivered to beneficiaries while in their home or in the community
These programs and services include senior citizens center, day care center, vocational
rehabilitation center, a sponsorship or scholarship program, assistance to victims of disaster, and
social services to individuals and families, among others, and

(3) Child-Placing Agency. ~ A SWA that receives and processes applications of the
prospective foster or adoptive parents and facilities placement of children eligible for foster care
‘or adoption

(b) Auxiliary SWDA. ~ A SWDA which provides supportive activities in the delivery of

social welfare and development programs and services to the poor, vulnerable, marginalized,

disadvantaged and underprivileged sectors. An auxiliary SWDA may be classified as follows
(1) People's Organization. — A SWDA with a bona fide association of citizens with
identifiable leadership, membership, and structure that has demonstrated its capacity to promote

the public interest and engage in social welfare and development activities, such as federation of


senior citizens, youth organizations, and associations of women and persons with disabilities,
among others;
(2) Resource Agency. ~ A SWDA that provides tangibles such as funds, food, clothing,

medicines and shelter; or intangibles such as knowledge and skills to help various SWDAs to

eve their goals in providing social welfare and development services for their beneficiaries,

and

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

SECTION 7. Service Delivery Mode, ‘The manner by which social welfare and

development programs and services are delivered which shall include, but shall not be limited to

the following:
(a) Residential-Based Mode. ~ 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 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; and

(b) Community-Based Mode. ~ Refers to 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, sponsorship or
scholarship 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. Administrative and Manageme. A SWDA shall be managed by
individuals whose qualifications meet the criteria set under the rules and regulations to be issued
to implement this Act. It may be operated by national government agencies, local government

units, government-owned and controlled corporations, state universities or colleges, privale

individuals, educational institutions, civic organizations or faith-based organizations as part of

their extension services or social welfare activities or projects. For SWDAs operated by privaic


institutions, educational institutions, or faith-based organizations, at least sixty percent (60%) of

its board of trustees shall be Filipinos.

SECTION 9. Salaries, Wages and Other Benefits. ~ The SWDA shall comply with all

, wages and benelits of

existing and relevant labor laws and regulations regarding the salari

employees provided these are within the minimum standards set by the Civil Service

Commission (CSC) and the Department of Labor and Employment (DOLE). The standard salary
scale for social workers and other social welfare and development workers of the SWDAs shall
be set by the CSC and the DOLE, in consultation with the Department of Budget and

Management (DBM)

SECTION 10, Operating Expenses ~ The SWDA shall utiliz

at least eighty percent
(80%) of its funds for direct social welfare and development programs and services and not more
than twenty percent (20%) 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. Financial transactions, book of accounts and other reports shall be
available to the public, agency staff, and other concerned individuals or agencies for
transparency and monitoring purposes

The Department, in consultation with public and private SWDAS, shall set standards to

determine specific expenditures for program and administrative expenses

SECTION 11. Submission of Reports- All SWDAs shall submit to the Department their

annual accomplishment and financial reports duly audited by an external certified public

accountant or a representative from the Commission on Audit (COA), as the case may be, and
other reports as may be required by the Department. Financial reports of SWDAs whose total

in than Five hundred thousand pesos (500,000.00) shall be

ome and expenditures are less

audited by its internal auditor,

‘The annual reports shall be submitted to the Department within one hundred twenty (120)

days after the end of every fiscal year

ARTICLE IIL
REGISTRATION, LICENSING AND ACCREDITATION

SECTION 12. Registration- All SWDAS as classified under Section 6 of this Act shall

first register with the 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 the Certificate of Registration from the said government agencies, the


concerned SWDA shall apply for registration with the Department, ‘The requirements for
registration ofa SWDA shall include, but shall not be limited to the following:
(a) Certified true copy of registration with either the SEC of the CDA;
(b) Manual of Operation or Handbook of its programs and administrative policies,
procedures and strategies to attain its purposes;

(c) At least two (2) years approved Work and Financial Plan for the implementation of 1t3

programs and services indicating the planned activities and corresponding amount of
funds and sources of donations,
(a) At least one (1) year audited financial report for a SWDA which is in operation for at

Jeast two (2) years upon application;

(c) Diagram of physical facilities which shall be designed to promote the safety and

security of its beneficiaries and staff, including location map and other documents
showing ownership or legal custody of property where the SWDA shall operate from;
and

(1) The names of qualified technical and administrative staff and a copy of their licenses

or certificates of professional eligibilities.

SECTION 13. Licensing. ~ All SWAS as classified under Section 6 of this Act shall
comply with the requirements for licensing which shall include, but shall not be limited to the
following,

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

programs and services;

(b) Certification showing that it has employ 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, and

(c) Certi

and development programs and services implemented.

ation of the record of cases it has or is currently managing and social wellare

‘The registration and licensing of a SWA can be done simultaneously, Upon appro

a certificate of registration and license to operate shall be issued

SECTION 14

“vemption from Registration and Licensing. ~ All Department residential
care facilities, social service units of local government units, public hospitals, courts, and other
social welfare facilities of national government agencies and government-owned and controlled
corporations, by virtue of the legal basis 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


SECTION 15. Accreditation, - All social welfare and development programs and

services of registered and licensed SWAs shall be accredited by the Department or its authorized

intermediaries within one (1) year after the issuance of a license to operate. The applicant must
have complied with the standards set by the Department on administration and organization,
program management, case management, helping strategies or interventions, physical structures

and safety, and client protection policy, among others

SECTION 16, Fees and Charges, ~ All applications for registration, license, and

accreditation shall be charged with corresponding fees to be determined by the Department. The

fees and charges shall be deposited with the National Treasury as income of the general fund

SECTION 17, Validity, — The certificates of registration and license to operate shall be
valid for five (5) years, The accreditation certificate shall be valid for three (3) to five (5) years
depending on the compliance of the SWDA with accreditation standards

In case of failure by the Department to act on an application for renewal of registration,
license and accreditation within one hundred (100) working days upon submission of complete
requirements by the SWDA, the existing certificate shall remain valid until the Department has

processed its application

ARTICLE IV
BENEFITS AND PRIVILEGE:
OF SOCIAL WELFARE AND DEVELOPMENT AGENCIES
SECTION 18, Benefits and Privileges of Registered SWDAs. ~ Registered SWDAS shall

be entitled to the following
(a) Inclusion in the 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;

(c) Endorsement to other government agencies on the availment of missionary or
working visas of foreign board member, employees or volunteers subject to eligibility

requirements for securing visas;

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

(c) Other benefits and privileges deemed appropriate by the Department

SECTION 19. Benefits and Privileges of Licensed SWAs. ~ In addition to the benefits and
privileges of a registered SWDA, a licensed SWA shall be entitled to the following,


(a) Endorsement to the DOF for duty and tax-free importation of foreign donations
subject to compliance with set requirements:

(b) Resource augmentation for program implementation, subject to compliance with the

requirements as may be established by the Department; and

(c) Other benefits and privileges deemed appropriate by the Department

Ss

TION 20. Benefits and Privileges of Accredited SWAs. ~ In addition to the benefits and

privileges of registered SWDAs and licensed SWAs, accredited SWAs shall be entitled to the

following,

(a) Endorsement to the DOF for donee-institution status and other relevant tax incentives
as provided by law;

(b) Endorsement for resource augmentation or other assistance from any government
ayencies or private donors subject to compliance to set eriteria;

(c) Endorsement to the utility service providers for at least fifty percent (50%) discount

‘on the cost of electri

ity, 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;

(a) Endorsement to concerned government agencies and private establishments for at

ssing of documents of intended

least fifly percent (50%) discount for the pro
beneficiaries such as birth registration, passport, safety certificates, among others for
residential care and community-based SWA facilities,

(e) 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 10 participate as
presentors of resource speakers in local or foreign trainings or conferences;

(2) Plaque of recognition as a model SWDA;

(h) Cash incentive, among others, depending on the availability of funds;

(i) Laboratory for trainings and research; and

(j) Other benefits and privileges deemed appropriate by the Department

ARTICLE V
ULATORY POWERS AND FUNCTIONS OF THE DEPARTMENT
SECTION 21. Monitoring and Evaluation of SWDAs. ~ The Department shall conduct

OTHER RI

monitoring and evaluation of all SWDAs every six (6) months to one (1) year 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 of interventions of the Department


SECTION 22. Dissolution of SWDAS. Any of the following shall be a ground for
dissolution or closure of a SWDA

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

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

(©) Other causes as may be determined by the Department.

‘The Constitution and Bylaws/Articles 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. In the absence of Bylaws/ Articles of Incorporation of
SWDAs, the Department shall issue recommendatory guidelines in the disposition of assets of
the dissolved or closed SWDAs.

SECTION 23. Recommendation to Obtain Donee-Institution Status. — ‘The Department
shall be the only agency to recommend or endorse to the DOF the conferment of a donec~

institution status and the grant of other tax benefits to accredited SWDAs.

SECTION 24. Deputation of Intermediaries, — Authorized intermediaries. may be
deputized by the Department to conduct assessment of SWDAs and social welfare and
development workers for purposes of registration, licensing and accreditation. The Department
shall provide those deputized with transportation or subsidy allowance in accordance with the
rules and regulations of the COA. Further, the Department shall provide continuous capacity-
building activities to the deputized intermediaries

SECTI

N 25. Investigation and Resolution of Complains. — The Department shall
accept complaints, investigate and initiate appropriate proceedings on cases involving SWDAs
Upon lawful cause, the Department shall suspend or revoke the registration, license and
accreditation certificates and close the facilities in coordination with the concerned law
enforcement agencies without prejudice to filing of criminal or civil case against erring officials

and personnel

ARTICLE VI
COMPLAINTS AGAINST SOCIAL WELFARE AND DEVELOPMENT AGENCIES

SECTION 26. Sources of Complaints. ~ Complaints against a SWDA may come from
any of the following sources: 7
(@) Report of an authorized personnel or office of the Department based on the
assessment and monitoring of standard compliance and program and. service
implementation;

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


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

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

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

(0 Information sent or received through broadcast or electronic media and information

and communications technology devices, such as text messages and emails; or

(g) Other sources of information, such as minutes of meeting, consultation and fora

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

complaints or information

CTION 27. Who May File a Complaint. ~ A complaint against a SWDA may be filed

with the Department by any of the following complainants

(a) Offended party;

(b) Parent or legal guardian of a client;

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

(d) Duly authorized officer or social worker of the Department,

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

(#) Barangay chairman or other local government official, or

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

action,

SECTION 28. Review Committee. - There shall be a Field Office Review Committee and
a Central Office Review Committee to handle cases and resolve complaints against unregistered
or unlicensed, registered, licensed and accredited SWDAs. If complaints and violations involving
SWDA operating in one (1) region or operating in more than one (1) region, the Field Office
Review Committee that has jurisdiction over the area/s where the cases happened, shall have
exclusive jurisdiction to handle and resolve the said complaints or violations. The decisions,
orders or findings of the Field Office Review Committee shall be appealable to the Central
Office Review Committee

‘The composition of the Field Office Review Committee and Central Office Review
Committee shall be determined by the Department: Provided, That there shall be two (2)
representatives from licensed or accredited SWDAs who are members of the network organized
by the Department. The representatives shall be provided with subsidy or transportation

allowance in accordance with the COA rules and regulations


SECTION 29. Procedures, ~ The procedures in handling and resolving of complaints and
appeals by the Field Office Review Committee and the Central Office Review Committee shall

be made in accordance with the existing rules and procedures of the Department

SE

“TION 30. Suspension, Revocation or Closure.- The certificates of registration,

license or accreditation issued to SWDA shall be suspended or revoked if, after due process, the

Department finds that the SWDA has failed (o perform its functions or has violated existing
laws, rules and regulations.

In case of revocation, the Department shall, after two (2) consecutive notices, close the
SWDA. Likewise, the Department shall close unregistered or unlicensed SWDAs. The

suspension, revocation of license or closure of a SWDA shall be without prejudice to the filing

of criminal or civil case under exis

ing laws

SECTION 31. Grounds for Suspension, — The grounds for suspension of a SWDA shall
include, but shall not be limited to the following:
(a) Insolvency or inability to continue support and maintain its operation oF to
perform the functions for which it was granted registration and license;

(>) Noncompliance with social case management standards

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

(d) Violation of the SWDA’s Constitution and Bylaws;

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

() Failure to apply for accreditation or renewal of accreditation afer two (2)

consecutive notifications and monitoring visits and technical assistance of

every six (6) months by the Department or authorized intermediaries; or

Other causes as may be determined by the Department

SECTION 32. Grounds for Revocation of License. ~The grounds for revocation of
license of'a SWDA shall include, but shall not be limited to the following,
(a) Use of SWDA for immoral purposes such as, but not limited to, trafficking,

gambling, prostitution, money laundering and terrorist financing,

(b) Neglect, exploitation and abuse of SWDA clients;
(c) Cessation of operation as SWDA;

(d) Mismanagement of funds;

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

(0) Revocation of its registration from juridical personality from the SEC or other

regulatory agency,


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

(h) Other causes as may be determined by the Department

ARTICLE VIT
IENTATION OF THE LAW AND RUL

IMPLE! MAKING AUTHORITY

SECTION 33. Jmplementing Rules and Regulations. The Department shall, in
consultation with the DOF, the Department of Justice (DOJ), the Department of the Interior and
Local Government (DILG), the DOLE, the DBM, the CSC, the COA, the SEC, the Philippine

‘National Police (PNP), the National Bureau of Investigation (NBD), the Bureau of Immigration

(BI) and other concerned government agencies, as well as three (3) representatives from any of

the coalition of SWDAS and social welfare and development workers, promulgate the necessiry

rules and regulations within ninety (90) working days from the effetivity of this Act, Other
policies and procedures necessary in carrying our the provisions of this Act shall likewise be

issued by the Department

SECTION 34. Assistance from Law Enforcement Agencies, « law enforcement agencies

such as the PNP, the NBI and BI shall provide assistance to the Department in the enforcement

of this Act

SE

ION 35, Immunity of Officer or Staff. — ‘The duly authorized officer or staff of the
Department and law enforcement agency involved in the implementation and enforcement of this
Act and who acted in accordance with the due process clause of the Constitution shall be exempt

from any civil, criminal and administrative liability

ARTICLE VII
FINAL PROVISIONS .
SECTION 36, Penalties. — Any person, group or organization that shall operate as
SWDA without registration or license 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 (500,000.00)

and/or an imprisonment ranging from one (1) year to three (3) years at the discretion of the court


‘The penalties shall be without prejudice to 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
eniployees thereof directly involved shall be liable therefore.

If the offender is an official or employee of the Department or any government agency,

the offender be penalized in accordance with the civil service rules and regulations,

SECTION 37. Transitory provision. ~ All SWDAs required to be registered and/or to be
licensed under this Act but currently operating without registration from the Department shall
have a period of one (1) year from the effectivity of this Act to apply for registration or license to
operate with the Department. Likewise, within sixty (60) days from the effectivity of this Act,
the Department shall notify all registered and licensed documents; new registration and license to

operate shall be issued

SECTION 38. Appropriations. The Secretary of the Department of Social Welfare and
Development shall include in the Department’s programs the implementation of this Act, the
initial funding of which shall be charged amount necessary for its continued implementation

shall be included in the annual General Appropriations Act

SECTION 39, Separability Clause. Should any provision of this Act be found
unconstitutional by a court of law, such provision shall be severed from the remainder of this

‘Act, and such action shall not affect the remaining provision of this Act.
SECTION 40. Repealing Clause. All laws, decreed, letters of instruction, resolutions,
orders or parts thereof which are inconsistent with the provisions of this Act are hereby repealed,

niodified or amended accordingly.

SECTION 41. Effectivity Clause. This Act shall take effect fifteen (15) days after its

publication in two (2) newspapers of general circulation

Approved.