• D. 1564 of 1978 amending Act No. 4075 series of 1933, otherwise known as the Solicitation Permit Law states that those desiring to solicit or receive contributions for charitable and public welfare purposes shall first secure a permit from the DSWD Regional Office.
• Executive Order No. 15 series of 1998 mandates the DSWD to regulate fund drives, public solicitations, and donations for charitable or welfare purposes
• Executive Order No. 24 series of 2001 delegates to the DSWD the authority to grant authorization for the Conduct of National Fund Raising Campaigns and mandating the DSWD Secretary to approve or disapprove requests for national fundraising campaigns
• A. 7160 or the Local Government Code of 1991 authorizes the City or Municipal Mayor to issue permits without the need of approval from any national government agency for holding of activities for any charitable or welfare purposes excluding prohibited games of chance or shows contrary to law, public order and public morals

• To regulate public solicitations
• To protect the general public from unscrupulous solicitation activities
• To ensure that funds are properly utilized for the intended charitable, social, or public welfare purposes and, for the intended beneficiaries
• To strengthen the system of granting permits or authorization to primarily soliciting funds or donations from the public

• All solicitation activities conducted in the country
• NGAs, GOCCs, SUCs, LGUs, and other government agencies, individuals, CSOs including faith-based organizations, people’s organizations, NGOs, Academe, Associations and similar organizations, chapters, and affiliates of similar international organizations operating in the Philippines which are partly or fully financed by funds solicited or contributed by the public or private sectors

• Organizations and agencies created by law that specifically confer them with authority to solicit or conduct fund campaigns for charitable, social, and/or public welfare purposes shall continue to be covered by their charters and shall not be required to secure a solicitation permit. Provided, that the DSWD and the LSWDO shall be informed in writing before the conduct of solicitation campaign and shall have authority to monitor their solicitation activities and to require these organizations to submit reports pertaining to the conduct of public solicitation and utilization of solicited funds
• Caroling during holiday seasons regardless of the purpose
• Solicitation for religious purposes that are made within religious sanctuaries such as churches, mosques or such any building structures regularly used for religious service or worship.
• The request of individual’s financial assistance from the Philippine Charity Sweepstakes Office (PCSO) and similar agencies.

• Duly Accomplished Application Form signed by the individual, organization or agency head or an authorized representative
• Project Proposal for an individual case or in the case of organization or agency, a proposal approved by the head of the applicant on the intended public solicitation activity including the work and financial plan on the activity to be undertaken, and information and details relative to the intended beneficiaries
• Personal Profile of individual applicant attesting to the applicant’s identity, integrity, and capability to launch a solicitation activity including proof showing that the applicant is the parent, guardian, or immediate relative within the 3^rd degree of affinity/consanguinity of the patient
• In the case of applicant organization or agency, a Certified True Copy (CTC) of Certificate of Registration with SEC and Articles of Incorporation and By-Laws, any regulatory government agency that has jurisdiction to regulate the applying organization or agency.
• Updated Certificate of Good Standing from the SEC or any regulatory government agency that has jurisdiction to regulate the applying organization or agency.
• Notarized Written Agreement or any similar document signifying the intended beneficiary/ies concurrence to be recipient/s of the solicitation activity

• Notarized Board Resolution or any written authorization for the organization or agency’s planned solicitation activity which shall ensure strict compliance to the standard ratio of fund utilization

• Secretary of the DSWD Secretary or duly authorized Undersecretary of DSWD for National Public Solicitations
• DSWD Regional Director or any duly authorized representative for Regional Public Solicitations
• The Provincial Governor through the Provincial Social Welfare and Development Office (PSWDO) any duly authorized representative for Provincial Public Solicitations
• The City/Municipal Mayor through the City/Municipal Social Welfare and Development Office (C/MSWDO) any duly authorized representative for City/Municipal Public Solicitations

• Solicitation Permit shall be valid on the approved dates of coverage
• Solicitation Permit is valid for one (1) year upon issuance
• Shall be used within the specified city, municipality, regions, or areas in the Philippines
• Its validity shall not extend outside the Philippines even the donors or beneficiaries are Filipinos
• An organization or agency with a good track record in conducting public solicitation as determined by the DSWD, PSWDO, CSWDO, or the MSWDO may be granted a Solicitation Permit with a longer validity period which shall not exceed two (2) years

• Local Public Solicitation – refers to a solicitation activity conducted within the city or municipality.
• Provincial Public Solicitation – refers to a solicitation activity conducted within two (2) or more cities or municipalities in the same province.
• Regional Public Solicitation – refers to a solicitation activity conducted within two or more provinces in the region.
• National Public Solicitation – refers to the solicitation activity conducted in two or more regions.

• Written requests such as letters of appeal, envelops and cards
• Mass media campaigns such as through television, radio, magazine, newspaper, and billboards
• Distribution, circulation, publication, or posting of written advertisements or other similar forms
• Rummage Sales and sale of goods including souvenir items
• Benefit shows including concerts, fashion shows, and other forms of entertainment
• Fun Run, Marathon, Cycling and other forms of sports
• Popularity Contests
• Donation Box, Coin Banks, and similar methodologies
• Other methodologies may be allowed by the DSWD, PSWDO, C/MSWDO.

• Shall submit an Audited Financial Report or Fund Utilization Report and other reports that may be required by the issuing office

• No less than seventy percent (70%) shall be allocated for programs, projects, or activities for the targeted beneficiaries. Provided that in cases where the solicitation campaigns are conducted to fund programs and projects to help disaster/calamity stricken areas or resolve national or local crises, a more flexible rate or allocation of proceeds, is allowed.
• Not more than thirty percent (30%) for administrative costs

• Soliciting without securing a solicitation permit from the DSWD, the PSWDO, the CSWDO, and the MSWDO
• Solicitation activities beyond the allowed area of coverage as indicated in the approved Solicitation Permit
• Violating the mode of solicitation as indicated in the approved solicitation permit
• Using a falsified or tampered solicitation permit
• Soliciting with an expired Solicitation Permit
• Using of solicited funds other than those indicated in the application form
• Including the beneficiaries as part of the strategy or mechanism in conducting solicitation activity
• Using solicitation paraphernalia that portrays dehumanizing pictures, information, or situation of the intended beneficiaries
• All games of chance, the conduct of which is for charitable, public, and social welfare activities
• Disbursement of solicited funds not in accordance with the standard fund utilization ratio

• Any organization, institution, agency, association or individual/person that violates the provisions of Section 19 of this Act shall be punished with imprisonment of not less than one (1) year but not more than three (3) years or a fine of not less than Three Hundred Thousand Pesos (PhP300,000.00) but not more than one million pesos (PhP1,000,000.00) or both, at the discretion of the court.
  • For 1^st Offense, the solicitation permit of the concerned organization or person shall be revoked and no permit shall be issued to them for a period of two (2) years from the date of violation
  • For the 2^nd Offense, the concerned organization or agency shall be permanently banned from conducting any solicitation activity. Further, its registration or license to operate as an organization or agency shall be canceled and revoked permanently.

• Proceeds from unauthorized solicitations shall be forfeited in favor of the government.

The individual, organization, or agency shall submit to the concerned DSWD or LSWDO the following:

• Not later than sixty (60) days after the issuance of a permit

1. 1. If the solicitation permit was not used;

• Justification for not conducting or continuing the solicitation activity within the validity period, and surrendering the issued permit

1. 2. If the solicitation permit was used:

                 2.1. An initial report or status of utilization of the issued permit

• Not later than sixty (60) days after the expiration of the issued permit

1. Notarized Fund Utilization Report of income and expenditures
2. List of Donors with their corresponding addresses, contact numbers, and amount of donations
3. List of Beneficiaries with their corresponding signatures, addresses, contact number, and type of assistance received
4. List of projects undertaken and completed with the indication of their location and cost
5. Expired solicitation permit

1. Republic Act No. 10847 of 2016 – “An Act Lowering The Age Requirement for Applicants taking the Board Examination for Social Workers Providing for Continuing Social Work Education, and Upgrading the Sundry Provisions Relative to the Practice of Social Work”

Sec. 4. Sections 23 and 26 of the same Act are hereby likewise amended as follows:

• “Section 23. Registration with the Department of Social Welfare and Development – No social welfare and development agency, as defined herein, shall operate and be accredited as such unless it shall first have registered and secured a license with the DSWD which shall then issue the corresponding certificate of registration and license to operate.  Provided that existing social welfare and development agencies at the time of approval of this Act shall have a period of one (1) year within which to secure the corresponding certificate of registration and license to operate…”
• “Section 29. Penal Provisions – The following shall be penalized …. Any person, corporation, or entity operating as an SWDA, without the corresponding valid Certificate of Registration and 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) and/or imprisonment for not less than one (1) year but not more than three (3) years, at the discretion of the court. These penalties shall be without prejudice to the seizure of equipment, instruments and other facilities of the social welfare and development agency”.

1. Republic Act No 4373 amended by RA 5175 of 1965 – An Act to Regulate the Practice of Social Work and the Operation of Social Work Agencies in the Philippines and for other purposes.
   • Article IV, Section 23– “No social work agency… shall operate and be accredited as such unless it shall first have registered with the Social Welfare Administration (now the DSWD) which shall issue the corresponding certificate”.
   • Article IV, Section 25– “The Certificate of registration issued to any social work agency may be revoked if, after due investigation, Social Welfare Administration (now the DSWD) finds that it has failed to perform the function of a social work agency or it has violated existing laws, rules, and regulations”.
2. Republic Act No 5416 of 1968- Providing for Comprehensive Social services for Individuals and Groups in Need of Assistance, creating the Department of Social Welfare, Section 3, the DSW, its powers, and duties”. The Department shall:

• set standards and policies to ensure effective implementation of public and private social welfare programs;
• accredit institutions and organizations, public and private, engaged in social welfare activity including the licensing of child-caring and child placement institutions and provide consultative services thereto.

1. Presidential Decree 603 (The Child and Youth Welfare Code as amended) of 1977

• Article 118– No private person, natural or judicial, shall establish temporarily or permanently any child welfare agency without securing a license from the DSWD.
• Article 120- the DSWD may, after notice and hearing, suspend and revoke the license of a child welfare agency on the grounds stipulated.

3. Executive Order 292 (Administrative Code of 1987) title XVI, Chapter 1 Section 3. Powers and Functions, to accomplish its mandates and objectives, the Department shall:

• accredit institutions and organizations engaged in social welfare activities and provide consultative and information services to them;
• set standards, accredit and monitor the performance of all social welfare activities in both public and private sectors

1. Executive Order 221 Series of 2003 (Amending Executive Order 15 of 1998, entitled Redirecting the Functions and Operations of the Department of Social Welfare and Development)

• Section 2. Roles of DSWD-Licensor and accreditor of social welfare development agencies and service providers
• Section 3. Powers and Functions of the DSWD- Set standards, accredit and provide consultative services to institutions, organizations, and persons engaged in social welfare activities and monitor the performance of institutions, organizations, and persons engaged in social welfare activities, both public and private

• It reinforces the regulatory functions of the DSWD over the public and private agencies and organizations engaged in social welfare and development activities with the end of view of ensuring the provision of the highest quality of service possible to target clientele;
• Establishes a comprehensive system for registration and licensing of SWDAs and accreditation of social welfare and development programs and services.;
• Grants benefits and incentives to registered, licensed, and accredited SWDAs in recognition of their importance and invaluable contribution to social welfare and development;
• It provides a mechanism for sanctions in case of non-compliance with standards and procedures set by the DSWD; and

• Strengthens the DSWD Standards Bureau structure which will be responsible for fulfilling the regulatory functions of the Department.

It covers the Social Welfare and Development Agencies (SWDAs), non-stock, non-profit corporations operating in the Philippines, both public and private, with the primary purpose of implementing or intending to implement social welfare and development programs and services for the clients as defined in the proposed bill.  Organizations established by a treaty or other instruments governed by international law or possessing their own international legal personality are not covered.

There are two types of SWDA, namely:

• Social Welfare Agency (SWA) – is an entity, whether public or private, that employs social workers, community development workers, and other qualified professionals who have related training and experiences that directly provide restorative, preventive, and developmental programs and services to the poor, the vulnerable, the marginalized, the disadvantaged, and the underprivileged individuals, families, groups, or communities. The entity must also engage its operations predominantly in delivering social welfare and development programs and services.
• Auxiliary SWDA – are private SWDA that provides SWD programs and services to clients directly or indirectly through the provision of funds and/or in-kind and/or capacitating staff of other SWAs through training, research, and advocacy, without using any social work method.

• Registration

A private organization, within six (6) months from registration with the Securities and Exchange Commission (SEC), or a public SWDA, within six (6) months from its organization, shall apply with the DSWD for registration as an SWDA.

Registration refers to the process of assessing the applicant organization to determine whether its intended purpose is within the purview of Social Welfare and Development, where the determination of the same shall result in the inclusion of the agency in the Department’s Registry of SWDAs.

• Licensing

Before commencing its operations, a registered private SWDA shall apply with the DSWD for a License to Operate as an SWDA.

Licensing is the process of assessing the administrative, technical and financial capacity and authorizing a registered SWDA to operate, undertake and deliver social welfare and development programs and services.

• Accreditation

Within one (1) year after commencing its operations, both public and private SWA shall apply with the DSWD for accreditation of its social welfare and development programs and services. 

Accreditation is the process of assessing licensed Social Welfare Agencies and Public SWDAs if their programs and services are compliant with the DSWD’s set standards.

The DSWD would provide benefits and incentives to licensed and accredited Social Welfare and Development Agencies (SWDAs) in recognition of their importance and invaluable contribution to social welfare and development. The following are the benefits and privileges for SWDAs:

Yes, corresponding fees shall be charged to all private SWDAs applying for registration, new or renewal of licensing and accreditation per program and services which will be determined by the DSWD.

Yes, the validity of the issued certificate is defined as follows:

• Certificate of Registration shall be valid within the effectivity period of SEC Registration but shall be subjected for cancellation due to any of the following grounds:
  • The SWDA operates without a corresponding license to operate after a year of its registration.
  • The SWDA has not applied for a License to Operate due to non-operation within a year of Registration.
  • The DSWD issued License to Operate has been expired after 1 year and/or has been revoked.
• Certificate of License to Operate is valid for three (3) years unless earlier suspended or revoked.

• Certificate of Accreditation has a validity depending on its Level of Compliance in the Accreditation Standards:
  • Level 1 – Compliant to mandatory indicators which should be complied to meet the accreditation standards”. This corresponds to compliance to level one (1) with accreditation valid for three (3) years.
  • Level 2 – Compliant to a mandatory and higher set of indicators required for its work areas this corresponds to compliance to level two (2) with accreditation valid for five (5) years.
  • Level 3 – Compliant to the highest set of indicators while meeting/sustaining Level 1 and 2 indicators. This corresponds to compliance to level three (3) with an accreditation valid for seven (7) years.

The Accreditation Certificate is valid unless the SWDA’s License to Operate is earlier suspended or revoked.

Yes, any persons, group, or organizations that provide direct or indirect social welfare and development programs and services without the valid Certificate of Registration or Certificate of Registration and License to Operate issued by the DSWD shall be penalized with a fine of not less than Php100,000.00 but not more than Php500,000.00 and/or imprisonment ranging from one (1) to three (3) years at the discretion of the court. The penalties shall be without prejudice to the filing of a criminal case against the offended including the corresponding seizure of equipment, instruments, and other facilities of the SWDA.

• House of Representatives

House Bill No. 7033 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 Services, and Appropriating Funds Therefor” or the  “Social Welfare and Development Agencies Act,” introduced by Cong. Sandra Y. Eriguel and Cong. Sabiniano S. Canama.

• Senate of the Philippines

Senate Bill No. 380 entitled: “An Act Strengthening the Regulation of Social Welfare and Development Agencies” or the “Social Welfare and Development Agencies Act” introduced by Senator Leila De Lima

The Community-Driven Development  Bill seeks to institutionalize the CDD approach as the country’s national strategy for poverty alleviation by mandating the whole government to adopt the principles of CDD in all government projects, programs, and activities.

Further, the CDD Bill seeks to promote community participation and empower the poor, vulnerable, disadvantaged, and marginalized sectors of the country

In addition to institutionalizing the CDD approach as the national strategy for poverty alleviation and sustainable and inclusive national development, the CDD Bill shall also entail the creation of a CDD advisory council to be headed by the Secretary of Social Welfare and Development as Chair, and the Secretary of Interior and Local Government as Co-Chair.

The members of the advisory council shall also include representatives from the National Anti-Poverty Commission (NAPC), National Economic and Development Authority (NEDA), Department of Budget and Management (DBM), Department of Agriculture (DA), Department of Agrarian Reform (DAR), Department of Environment and Natural Resources (DENR), Department of Health (DOH), Department of Education (DepEd), and Department of Human Settlements and Urban Development (DHSUD).

Representatives from accredited non-government organizations (NGOs) shall also serve as additional members of the advisory council. Further, the CDD Bill seeks to establish the CDD Knowledge and Resource Institute/Center (KRI/C) which shall serve as the policy, research, and training arm of the advisory council.

The KRI shall provide support for continuing research and technology development, partnership development, policy advocacy, resource mobilization,capacity-building of communities, and monitoring and evaluation of CDD institutionalization and operationalization throughout the local development process. 

CDD operates under the key principles of Participation, Transparency, and Accountability.

Participation is operationalized when national government agencies and LGUs allow and foster the meaningful participation of community members throughout the development process. This participation should be present not only in the identification of community issues and problems but also in the implementation of solutions to address them.

Transparency is operationalized when community members are able to participate in all levels of decision-making. The execution, implementation, monitoring, and management of community-based projects implemented by NGAs and LGUs are led by the community members.

Accountability is operationalized when community members are engaged in the monitoring and evaluation of projects. Moreover, there is accountability when community members are empowered to take actions based on information that they themselves chose to take into consideration.

In this regard, national government agencies and local government units shall:

• Develop policies for enhancing participatory governance practices, tapping community organizations particularly the basic sectors, and responding to community needs;
• Provide information on government intervention, technical assistance, and support to partner communities for more effective community-driven planning and implementation;
• Enable community members to meaningfully participate in the development process;
• Ensure that community members are prioritized in receiving employment opportunities brought about by project implementation in the community; and

Ensure that identified community priorities are sufficiently funded.

The CDD bill aims to empower ordinary Filipinos to become more active members of society. The bill recognizes the right of the people to effective and reasonable participation in all levels of social, political, and economic decision-making.

To achieve inclusive and sustainable national growth and development, the bill seeks to provide opportunities for ordinary Filipinos, especially those who are poor, vulnerable, and marginalized, to participate in the identifying, planning, budgeting, implementing, monitoring, and evaluating community-based programs, projects, and activities.