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

FIFTEENTH CONGRESS.
Third Regular Session

Commitee REPORT No.__ 2646
29JAN 2013

Submitted by the Committee on Social Berjices on

Re House Bill No.
Recommending its approval in substitution of House Bill No. 4924

Sponsors: Reps. Arturo B. Robes. Marlyn L. Primicias-Agabas, and Maria Isabetle “Beng” G.
Climaco

Mr, Speaker:

Yhe Committee on Social Services to which was referred House Bill No. 4924, introduced by
Rep. Marlyn Primicias-Agabas, entitled:

“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”

68 6 ? entitled:

has considered the same and recommends that the attached House Bill No.

“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, AND
APPROPRIATING FUNDS THEREFOR”

be approved in substitution of I louse Bill No. 2924 with Reps. Marlyn L. Primicias-Agabas. Marta
Isabelle “Beng” G. Climaco, Cresente M. Paez. Godofredo V. Arquiza, Rufus B. Rodriguez, and
Arturo B. Robes as uuthors thereof.

Repectfully submitted:

REP. ARTUR
Chairperson :
Committee on Social Services


4
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Repadic of 7 pines
HOUSE OF REPRESENTATIVES
Quezon City Metro Manila

FIFTEENTH CONGRESS
Third Regstar Session

nose Bit No. __ 6887

(In Substitution of House Bill No. 4924)

Marlyn Primicias-Agabas

Introduced by Representa

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. AND
APPROPRIATING FUNDS THEREFOR

Article 1
GENERAL PROVISIONS

N41. Short Title, — This Act shail 9¢ known as the “Social Welfare and Dev clopreent

) Act of 2013

Declaration of Policy, ~ (is the policy of the State to ensure thar social e and
ams and services in tke public and private sectors comply with netio:.al social
rinviples of human rights. Towards this end. the
and monitor social welfare and development

ial welfare and development

service providers. agencies, groups or organi
activites and provide appropriate constltative mechanisms and necessary assistance to them (o ensure
thes compliance with the set standards and cope with the challenges and demands of providirs social
welfire and development services to the poor. the vu-nerable, the marginalized, the cisedvant

the urdesprivileged sectors of Philippine society.

The Sute shall also promote and strengthen the partnership among social wet
Gevelopmem agencies. national government agencies. local government units. non
otiens. faith-haced organizations. and private sectors to include accessing of resources aeween
them for the upliftment of the poor. disadvantaged. marginalized, vulnerable and
d individuals. families. groups. and communities in the country.

al welfare and development service provi
scialions. ané organizations that are en ino:
‘ties

SEC. 3. Coverage. — This Act stall apply to ali
inc_ucing individual. public and private groups. as
want to engage in social welfare and development ac

Act the following terms are be

SEC. 4. Definition of Terms. — Vor purposes o

ccreditation ~ refers to the process of providing official recognition to che social »
evelopment programs and services of registered and licensed social welfare agencies «
“ing the minimum standards set by the gosernment:

alized, and vulnereble individuals. groups.
ay of the serviees offered by SW PAS which

bh Beneticiuries — refer to the disadvars: sar
famiives. and communities availing themselves of 4

include. among others. the following:



FES m OG a GEL

mon

a.

» Abandoned. negievied, orptianec. voluntari!y committed. abused and exploited children
and other children in need of special protection. such as children in conltict with the low
and children involved in armed con

8. Ou-of-school youth and other youth with special necds;

_ Women in especially difficult circumstances:
‘ Persons with disabilities:

Senior citizens;

Marginalized and disadvantaged individuals, families, and comniunities, which sha!)
include but not limited 10 indigenous peopie, people living with HIV’AIDS, those in er
7 and internaily displaced due to armed conflict und other developmental projects:

situai
and

Vietims of natural and man-made calamities or disasters:

Depuriment ~ refers to the Deparment of Social Welfare and Development:
Dissofution ~ zefers to voluntary or involuntary termination of operation of SWDAs:
Irncrmediaries ~ tefer to persons. groups. networks of SWDAG, or local goverament units trained,
acc-edited. and authorized by the Department to perform specific functions in the process of
recistration. licensing. and accreditation;

Licensing « revers 10 the provision o7 a permit and a legal authority 10 SWDAS 10 operate as soci
Weare agency. after having met or complied with minimum standard requirements provided
iis Act

‘on ~ refers to either direct or indirect impiememtation of social welfare and development
ams and services by a SWDA within a specified geographical coverage or place over aperiod
‘of Une using its own o tapped resources and conduits:

Registered Social Worker — refers to a worker who is a graduate of Bachelor of Science in Sociat
Wors or Master's Degree in Social Work and who has passed the social work licensure
ewac:ination and with valid registration identification card issuec by the Professional Regulation
Commission:

Regismarion — refers to the olficial recognition 0° the operation 9” a SWDA within the purview of
ve and development through che issvance of a certificate of registration by the
cto:

socic! wel a
Degeament and inclusion in the di
rece!-ements of the Departrient ;
Revocation refers 1o the cancellalion of the registration, license, and accreditation cert?
a SWDA for the commission: of any of the grounds as provided under this Act:

of SWDAs after having complied with the se:

icates of

that are primarily and directly addressed 10

Nocial Services — refer to those organized actin isi
ntaged individuals or groups to maxizmize their social funetoning:

Welfare and Developmen: Workers — zefer to social workers ar other professionals who ere
ed in the delivery of sovial welfare and development programs and services and are
2 by the Department, They may include social workers managing court cases. marriage
cae workers among others:

and p-e-marriage counselors. and

Sucice’ Helture — refers to an organived system of programs and services designed to aid
individuals, eroups, and communities to ataix improved qualicy of life and well-being in aa™mons
with !he needs of their families and communi

social weHlare and development programs
reign or local, stom any government


al
a
3 0. Saciai Work refers to the profession which helps individuals, families, groups. and communities
4 develop, improve, maintain, or restore their capability for coping with the demands of their
'S 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 @
7 SWDA for commission of any of the grounds stipulated under this Act, When 2 SWDA is under
3 suspension. it shali neither accept not admit any additional clients and shall be unde? close
4 supervision and monitoring by the Department; and
JO 9. Unregistered SW DAs — refer to agencies or organizations that provide direct or indirect social
# welfare and development programs and services without regiswation and/or license to opevate from
B the Deparment.
B Article
iy SOCIAL WELFARE AND DEVELOPMENT AGENCIES
1S SEC. 5. Nature and Purpose. ~\ SWDA shall be 2 non-stock, non-profit organization or association

organized and operated far social welfare and development programs and services, and no part of the
17 funds or donations in kind generated by the SWDA shall inure 10 the benefit of any private ‘dividual
{@ _ dut for the benefit of the beneficiaries and its operating expenses.

19 SEC. 6. Classifications of SWDAs, - The wo (2) main classifications of SWDAs and their
0 subclassifications shall be defined as follows: .

21 a. Social Welfare Agency (SWA) — A SWDA which employs social workers, community
22 development workers. and other qualified -paraprofessionals who have relaied wairings and
33 experiences that directly provide restorative, preventive, and developmental programs ang services
Z¥ —t© poor, vulnerable, marginalized, disadvantaged, and underprivileged individuals, families,
35 stoups. or communities. A SWA may be classified as follows:

at i. Residential-Based Agency - A SWA that provides twenty-four (24) hour residential care

at services for abandoned, neglected, or voluntarily committed children; women: persons with
ae disabilities; and older persons. among others:

29 ii, Community-Based Agency - A SWA tha implements community-based end street-based
go programs and services dolivered to beneficiaries while in their home or in the community
31 These programs and services include senior citizens center, day care center. vocational
ay rehabilitation center, a sponsorship of scholarship program, assistance to victims of disaster.
3 and social services to individuals and families. among others; and .

By Child-Placing Agency - A SWA that receives and processes applications of the prospective
35 foster or adoptive parents and facilitates placement of children eligible for foster care or
ge adoption.

37 b. Auxiliary SWDA — A SWDA which provides supportive activities in the delivery of social welfare
“38 and development programs und services to the poor, vulnerable, marginalized, disadvanteged. and
“34 underprivileged. sectors. An auxiliary SWDA may be classified as follows:

YO i. People’s Organization - A SWDA with a bonafide association of citizens with icentifiable

4 icadership, membership, and structure that has demonstrated its capacity to promote the public

4a interest and engage in social welfare and development activities, such as federation of senior

B citizens, youth organizations, and associations of women and persons with disabilities. among
4¢ others:

ii. Resource Agency - A SWDA that provides tangibles. such as funds, food, clothing, medicines.

Go and shelter, or intangibles, such as knowledge and skills to help various SWDASs to achieve

their goals in providing social wellare und development services for their beneficiaries: and

3 — —

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

SEC. 17. 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:

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 siructured therapeutic environment with
the objective of rcintegrating 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

a

z

Coramunity-Based Mode ~ 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. i is
characterized by interaction between the clieat and worker in the comunity in relation to the
resolution of identified problems and concems. These include, but not limited to, senior citizens
. day care center, drop-in center, vocational rehabilitation center, sponsorship or scholarship
program, alternative placement service, assistance to victims of disaster, and social services (0
individuals und families, among others, while in their home or in the community.

SEC. 8. Administration and Management. ~ 4 SWDA shall be managed by individuals whose
qualifications mect 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, private individuals, educational institutions,
civic organizations or faith-based organizations as part of their extension services or social welfare
Hes or projects. For SWDAs operated by private institutions, educational institutions, or faith-

activ
inos.

based organizations, at least sixty percent (60%) of its hoard of trustees shall be Fi

SEC. 9% Salaries, Wages, and Other Benefits. - Vhe SWDA shall comply with all existing and
relevan: labor laws and regulations regarding the salaries, wages. and benefits of empiovees provided
these are within the minimum standards set by the Civil Service Commission and the Department of
Labor and Employment. The standard salary scale for social workers and other social welfare and
development workers of the SWDAs shal] be set by the Civil Service Commission and Deparment of
Labor aad Employment, in consultation with the Department of Budget and Management. *

SEC. 10. Operating Expenses, — The SWDA shall utilize 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 concems. Funds of the SWDA shall be deposited in the
name o* the organization in a banking institution regulated by the Bangko Sentral ng Pilipinas.
Financis] wansactions, book of accounts, and other reports shall be available to the public, agency
staff. ard other concemed individuals or agencies for transparency and monitoring purposes.

The Department, in consultation with public and private SWDAs, shall set standards to
determice specific expenditures for program and administrative expenses,

SEC. 11. Submission of Reports. — All SWDAs shal! submit w the Department their annual
accomplishment and financial reports duly audited by an external certified public accountant or a
tepresertative from the Commission on Audit, as the case may be, and other teports as may be
required by: the Department. Financial reports of SWDAs whose total income and expenditures are
less than Five Hundred Thousand Pesos {P500,000) shall be audited by its internal auditor. .

The annual reports shall be submirted to the Department within one hundred twenty (120) days
after the end of every fiscal your


Article [1
ISTRATION, LICENSING, AND ACCREE

RF TATION

er with

ses af

SEC. 12. Registration. — All SWI)As as classified under Section 6 of this Act stall first te
the Securities and Exchatr F

Commission or Cocperative Development Authority for p
biishing their juridical personality. Within sis .61 months from the issuance of the C:
stretior, from the said government agencies. the concemed SWDA shall apply for
Department. Tae requirements for registration of a SWDA shall include, but shall not be

te of

tration

with
limited to. the following:

s the Securities and Exchange Commission or the

a. Canified uur copy of registration with &
Cooperative Development Authority:

b. Manual of Operation or Handbook of its programs and administrative policies. procedures. and
strategies to attain its purposes:

©. At east two (2) years approved Work aad Financial Pian for the implementation of its prograny
ting the planned activities and corresponding amount of funds and sources of

and services indic
donations:

dA‘ least one (1) year audited finaneial report for a SWDA which is in operation for at least ave (2)
years upon application;
and security of its

¢. Diagram of physical facilities which shall be designed to promote the safety
beneficiaries and slaff, including location map and other documents showing ownership or leeai

UE GE TET FES CGaeee~

1& custody of propery where the SWDA shell operete from; and
14% The names of qualified technical and administrat've staff and a copy of their licenses or certificates
JO of professional eligibilitics,

2! SEC. 13, Licensing. «All SWAs as ciassified under Section 6 of this Act shall comply with the
22 requirements for licensing which shall include, but shall not be limited to, the following:

23 a. Oveumertation showing that it is engaged in social welfare and development programs and
oY services: .

2 b. Certification showing thar has in ‘ts emp.oy the necessary number of Registered Socia: Workers,
M6 community development workers, and other employees trained on specific programs ani services
a7 to be implemented and a copy of their respective licenses of certificates of professiona:
ol& ——_eligibitities: and

37 ¢, Certification of the record of cases it has or is currently managing and social weifate and

GO development programs and services implemented

The registration and licensing of a SWA can be done simultaneously. Upon approval. ¢
cate of Registration and License 1¢ Opera shall de issued.

32 SEC. 14. Exemption from Registration and Licensing. — Alt Department residential care fucititics.
34 social service cnits of local govecnment units. public hospitals, courts, and other sociz’ welfare
35 facilities of national government agencies and government-owned and —controlied corpor:tions. by
Be Sistue of thz iegal bases of their establishment or charters. arc exempted ftom securing registration and
ficense to operate from the Depariment. However. they shall be required to app'y for accreditation
the seme requirements and standards and shall be subjected to regular monitori:g by the

34 Deparmen:

40 SEC. 15, Accreditation, — All social welfare and development programs and services of registered
4! and licensed SW As shall be accredited by the Department or its authorized intermediaries v.ighin one
$211) year after the issuance of a license &» operate, The applicant must have complied with the
J standards set by the Department on administration and organization, program manager2ct. case

a



‘ment. neipiny strategies or jmtersemtions. paysical structures and safety. and cliemt protection

Sy among others.

SEC. 16. Fees and Charges. — All applications ‘or registration, license, and accreditativn

3
4 charsed wit corresponding fees to be determined by the Deparment. The fees and charges

w  depesied with the National Ireasury as income af the general fund.

6 @. ~ The Certificates of Registration and License to Operate shuil 2 valid for five
7 19) yeas, The Accreditation Certificate shall be valid for three (3) t five (5) years depending on ihe
8 compliance of the SWDA with accreditation standards

4 __In case of failure by the Depanment io uct on an application for renewal of registration.
#0 license. and accreditation within one hundred 1001 working days upon submission of complete
iH" requirements by the SWDA. the existing certificate shall remain valid until the Department has
Ja processed its application

B Article IV

4 BENEFITS AND PRIVILEGES

5 OF SOCIAL WELFARE AND DEVELOPMENT AGENCIES

io SEC. 18, Benefits and Priviteges of Registered SBDAs. — Registered SWTDAs shall be ectitled to
#7 the fetlewing
censed and Agcredited SWDAs;

ion in the Directory of Registered.

a 2

fb. Technica! assistance in the arcas of capability building, packaging of project proposal. provision of

30 program materials and skills enhancement te strengthen program and service implementation:
Endyrsement to other government agencies on the availment of missionary or working visas oi

v2 foreign board members, employees. or volunteers subject 0 eligibility requirements for securing

23 visas

<4 d. End: rsemem to the Department of Finance for duty Fee importation of foreign donazions subject
25 to compliance with set requirements: and
Ze ¢ Other beneths and privileges deemed appropriate by the Department,

27 SEC. 19. Benefits and Privileges of Licensed SW'As. — tn addition to the benefits and privileges of e
registere.! SWDA. a licensed SWA shall be entitled to the following

2k

2% 4. Endossement to the Deparment of Finance for duty and tax free importation of forsign donatiens
30 + 1 compliance with set requirements:

31. Resource augmentation Jor program it entatior.. subject to compliance with the requirements

EN) as mey de established by the Department; and

33 © Othe: benefits and privileges deemed appropriate 95 the Department,

SEC. 20. Benefits and Privileges of Accredited $W'As. — in add®tion to the benefits and privileg:
ered SWDAs and licensed SW'As. accredited SW As shal] 9c entitled to the following:

Endorsement to ihe Deparment of Finance ibr donce-institution stams and other relevan: tax

37° incen:ives as provided by Jaw:

3x) b. Endorsement for resource augmentation or other assistance from any government agencies or
34 private donors subject 10 compliance to set erizeria: :

Endo:sement to the utility service providers for at least fifty percent (50%) discount on the cost of

¢ — eleetr:ciky, water consumption and telephone service to the residential care. group homes. and

2 comm sniry center bused Sacilities that are operated exclusively for the beneficiaries suhjzct ta the

$3 set requirements of the utility service provide:


14. Endorsement to concerned government agencies and private establishments for a: leust fifty
(2 petcent (30%) discount for the processing of documemts of intended beneficiaries sch as birth
3 registration. passport, safety certificates, among others, for residential care and community based
¢ — SWA facilities;

<5 e. Assistance in establishing Jinkages with local. national and international organizations and
&

4

g

q

networks for the generation and sharing of resources,

£ Nomination of board members, employees, or volunteer workers to participate as presentors or
ings or conferences;

resource speakers in local ot foreign tain

2. Plaque of recognition as a madel SWDA;

Jb. Cash incentive, among others, depending on availability of funds,
i leper

Ht i. Laboratory for trainings and research; and

1d j. Other benefits and privileges deemed appropriate by the Department

Article V
& OTHER REGULATORY POWERS AND FUNCTIONS OF THE DEPARTMENT

MN) SEC. 21. Monitoring and Evaluation of S#DAs. — The Department shal! conduct monitoring and
{5 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
{7 evaluation shal] be used to address problems and issues and to provide the framework of interventions

1% of the Department.

7 SEC. 22. Dissolution of SWDAs. — Any of the following shall be a ground for dissolution or closure
#0 ofaSWDA: .

ef a. Inability of SWDA officers to sustain its operation;

2b. Non-compliance or violation of any provision of this Act; or

3c. Other causes as may be determined by the Department
2 The Constinution and By-laws/Anticles of Incorporation of SWDAS shall explicidly state that in
2S case of dissolution, the assets, after payment of all financial liabilities, shall be utilized for social
[36 welfare and development activities. In the absence of such provisions in the Constitution and By-
27 Laws’Anicles of Incorporation of SWDAs, the Department shall issue recommendatory guidelines in
[ag the disposition of assets of the dissolved or closed SWDAS.

24 SEC. 23, Recommendation to Obtain Donce-Institution Status. ~ The Department shall de the only
(30 agency to recommend or endorse to the Department of Finance the conferment of a donee-institution
“3/ status and the grant of other tax benefits to accredited SWDAs.

32 SEC. 24. Deputation of Intermediari Authorized intermediaries may be deputized by the
33 Department to conduct assessment of SWDAs and social welfare and development workers for
34 purposes of registration, licensing, and accreditation, The Department shall provide those deputized
35 with transportation or subsidy aliowance im accordance with the rules and regulations of the
.36 Commission on Audit. Further, the Department shall provide continuous capacity-building activities to
37 the deputized intermediaries.

3B SEC. 25. Investigation and Resolution of Complaints. - The Department shall accept complaints,
37 investigate. and initiate appropriate proceedings on cases involving SWDAs. Upon lawful cause, the
-¥O Department shall suspend or revoke the Registration, J.icense and Accreditation Certificates and close

) the facilities in coordination with the concemed law enforcement agencies without prejudice to filing

‘goof criminal or civil case against erring officials and personnel,

7
oO 7 OT



Article VI

SOCIAL WELFARE AND DEVELOPMENT AGENCIES

COMPLAINTS AGAINS

SEC. 26. Sources of Complaints. - Complaints against 2 SWDA may come from any of the
foliov. ing sources:

i of an authorized personnel or office of the Department based on the assessment and
itoring of standard compliance and program and service implementation;

2dart from the SWDA's clients or beneficiaries:

°

Verbal information from a person, group. or organization:

a

Signed and unsigned letiers, documents. or repons:

e

‘ed matcrials or articles in newspapers, magazines, and similar publications: .

sent or received through broadcast or electronic media and information and
coramunication technology devices, such as text messages and emails; or

Oo

#3 An case of verbal und unsigned information. the Department shal] conduct a validation on alleged
#7 violations or actions of the SWDA being reported, If and when this is not possible, these shall be
45 documented by the receiving personnel or office of the Department. Documented information and
1 primed materials shali be dealt with according tw the procedures in handling complaints or

77 information.

48 SEC. 27. Who May File a Complaint. - 4 complaint against a SWDA may be filed with the
#9 Departraent by any of the following complainants:

wo a. Offended party;

2b. Parent or legal guardian of a client;

22 ¢. Ascendant or collateral relative of the client, such as child, within the third degree of affinity or
23 consanguinity:

Beye wy eGxrGu
e

F sources of information, such as minutes of mecting, consultation, and fora.

24d. Duly authorized officer or social worker of the Deparment;

2S ¢. Ollficer, social worker or representative of a registered, licensed, and accredited SWDA;
6 f Barangay chairman or other Jacal governmem official; or

27g. Person who has personal knowledge of the acts complained about or reported for action.

B SEC. 28. Review Committees. — There shall be a Field Office Review Committee and a Central
24 Office Review Committee to handle cases and resolve complaints against unregistered or unlicensed,
30 registered. licensed, and accredited SWDAs. If complaints and violations involving SWDA operating
Bf in one {:} region or operating in more than one (1) region. the Field Office Review Committee that has
jurisdiction over the area/s where ihe cases happened, shall have exclusive jurisdiction to handle and
33. tesolve the said complaints or violations. The decisions. orders, or findings of the Field Office Review
'3y Committze shall he appealable to the Central Office Review Committee. °

3% The composition of the Field Office Review Comminee and Central Office Review Commimtee
3G shull be determined by the Departmen: Provided. That there shall be two (2) representatives from
31 licensed or accredited SWDAs who are members of the network organized by the Department. The
36 fepresentatives shall be provided with subsidy or transportation allowance in accordance with the
34 Commission on Audit rules and regulations.



SEC. 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. .

SEC. 20. Suspension, Revocation, or Closure. - The Certificates of Registration. License, or
Accreditation issued to SWIDA shall be suspended or revoked if, after due process, the Department
finds that the SWDA has failed to 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 shal] 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

existing laws.

SEC. 31. Grounds for Suspension. — The grounds for suspension of a SWDA shall include, but shall
B not be limited to, the following:

a. Insolvency or inability to continue support und maintain its operation or to perform the functions
5 _ for which it was granted registration and license:

% b. Non-compliance with social case management standards;

11 c. Poor sanitation of facilities and surroundings rendering these unfit for clientele;

18 A. Violation of the SWDA’s Constitution and By-Laws:
/4 © Failure to submit annual accomplishment and audited financial reports for two (2) consecutive

22 years:

2! & Faiture to apply for accreditation or renewal of accreditation after two (2) consecutive notifications
22 and monitoring visits and technical assistance of every six months by the Department or authorized

23 intermediaries: or
24 & Other causes as may be determined by the Department.

35 SEC. 32. Grounds for Revocation of License. — The grounds for revocation of license 07 a SWDA
26 shall include. but shall not be limited to, the following:

27 4 Use of SWDA for immoral purposes such as, but not limited to, walticking. garhbling.
29 prostitution. money laundering, and terrorist financing;

24 >. Neglect. exploitation and abuse of SWDA clients:
30 c. Cessation of operation as SWDA;

Jt d. Mismanagement of funds;

37 & Faisification of the requirements for registration, licensing, and accreditation:
Bae
3¥ Commission os other regulatory agency;

35 g. Non-compliance of SWDAs on the agreed action plan during the accreditation assessmem for wo
é2) consecutive monitoring visits with inierval of six (6) months by the Department, or

Revocation of its registration from juridical personality from the Securities and Exchange

Be
37% Other causes as may be determined by the Department
Article VU :
38 IMPLEMENTATION OF THE LAW AND RULE MAKING AUTHORITY

37 SEC. 33. Implementing Rules and Regulations — The Department shall, in consultation with the
YO Department of Finance, Depariment of Justice. Department of Interior and Local Government.
4/Deparmment of Labor and Employment. Department of Budget and Management. Servi

q



+ { Commission. Commission on Audit, Securities and Exchange Commission, Philippine National
2 Police. National Bureau of Investigation. Bureau of Immigration and Deportation, and other concerned
3 government agencies, as wel] as three (3) representatives from any of the coalition of SWDAs and
Zt social velfare and development workers, promulgate the necessary rules and regulations within ninety
(903 working days from the effectivity of this Act. Other policies and procedures necessary in

6 _ catrviry out the provisions of this Act shall likewise be issued by the Department.

3M. Assistance from Law Enforcement Agencies. — Law enforcement agencies such as the
: National Police, National Bureau of Investigation, and Bureau of immigration and
jon shall provide assistance to the Department in the enforcement of this Act.

. Immunity of Officer ar 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

A cordance with the due process clause of the Constitution shall be exempt from any civil.
Pp and administrative Hability.

if Article VITT

5 FINAL PROVISIONS

/& SEC. 36 Penalties, - Any person, group, or organization that shall operate as SWDA without

{7 registration or license shall be penalized with a fine of not less than One Hundred Thousand Pesos
}& —{P100.6110,00) but not more than Five Hundred Thousand Pesos (P500.000.00) and‘or an
/@__ imprisonment ranging trom one (1) year to three (3) years at the discretion of the court. The penalties
20 shall be without prejudice to the seizure of equipment. instruments, and other facilities of the SWDA.

ae If the offender is a corporation, organization, or any similar entity. the officials or employees
22 thereof Zirectly involved shall be liable therefor.

23 If the offender is a foreigner, the offender shall be referred inumediately to the Department of
¥ Justice for appropriate action.

2S —_If the offender is an official or employee of the Department or any government agency. the
36 — offender shall be penalized in accordance with the Civil Service rules and regulations.

27° SEC. 3°, Transitory Provision. — All SWDAs required to be registered and/or to be licensed under
ef this Act but currently operating without registration and/or license from the Department shall have a
24 period o° one (1) year from the effectivity of this Act to apply for registration or license to operate
JO with the Department. Likewise, within sixty (60) days from the effectivity of this’ Act, the Department
# shal! nosify all registered and licensed SWDAs on the implementation of this Act. Upon compliance
32 of required documents, new registration and license to operate shall be issued,

33° SEC. 38. Appropriations. — The Secretary of the Department of Social Welfare and Development
BY Shall inc!ade in the Department's programs the implementation of this Act, the initial funding of which
35 shall be charged against the current year's appropziations of the Department. Thereafter, the amount
36 necessar. for iis continued implementation shail be included in the Annual General Appropriations

‘By Act

3S SEC. 39. Separability Clause. — Should any provision of this Act be found unconstitutional by a court
39 of law, sch provision shall be severed from the remainder of this Act, and such action shall not affect
Yi the enforceability of the remaining provisions of this Act.

42 SEC. 40. Repeating Clause. — All laws, decrees. letters of instructions, resolutions, orders, or parts
43 thereo! which are inconsistent with the provisions of this Act are hercby repealed, modified. or
Yq amendcd accordingly

Clause. This Act shall take effect fifteen (15) days after its publication in two
Spapers of general circulation.

Approved pe


FACT SHEET
House Bill No. 6867

Substitute Bill 6 House Bill No. 4924
{As Approved by the Committee on Social Services on October 16, 2012)

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, AND
APPROPRIATING FUNDS THEREFOR .

introduced by: REP. MARLYN PRIMICIAS-AGABAS, MARIA ISABELLE “BENG” G. CLIMACO,
CRESENTE M. PAEZ, GODOFREDO V. ARQUIZA, ard RUFUS B. RODRIGUEZ

Committee Referral: COMMITTEE ON SOCIAL SERVICES

Committee Chairperson: REP. ARTURO B. ROBES

OBJECTIVES:

fe To reinforce the regulatory functions of the department of Social Welfare and evelopment
{OSWO} over public and private individuals, agencies. oF organizations engagec in social
welfare and development activities

@ Toensure effectiveness, efficiency, and accountability in the delivery of cuality social welfare
and development programs and Tervices through the registration, licensing, and accreditation
of social welfare and development agencies

e To encourage the participation of persons, coroorations, of organizations in charitable or
social welfare and development activities

KEY PROVISIONS:

«Defines 2 Social Welfare and Development Agency {WDA} as a person, corporation, of
organization engaged in providing social welfare and development services

© Authorizes the DSWD to register and license SwoAs and accredit social welfare and
development programs and services

© Allows the DSWD to collect application fees for registration, licensing, and accrecitation
provides other regulatory powers and functions to the DSWD

pirects the OSWD to promulgate the implementG rales and regulations, in consultation with
ather concerned government agencies and SWDAS .

© Classifies SWDAs as social welfare agencies ‘or auyiliary social welfare anc deveropment
agencies.

e Enumerates the requirements for regrstratio® and licensing of a SWDA and accrecitation of
social welfare and development progres and services
Grants benefits and privileges to registered licensed, ar accredited SWOAS

a Enumerates the sources of complaints against a SWDA and identifies the individuals who Ma¥
lodge a complaint


* _Usts down the grounds for suspension, revocation of license, or closure of a SWDA

* Prescribes the procedures on the review of complaints against, suspension, revocation of
ficense, and closure of erring SWDAs

* Penaiizes SWDAs operating without license or tegistration with a fine of not less than

7100,000.00 but not more than 500,000.00 and/or imprisonment ranging from one (Uh t0
three (3) years at the discretion of the court

RELATED LAWS:
* Republic Act No. 4373 ("An Act to Regulate the Practice of Social Work and the ‘Operation of

Social Work Agencies in the Philippines}
* Republic Act No, 5175 ("An Act to Amend Republic Act 4373")