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Frequently Asked Questions (FAQs)

Public Solicitation Bill

Frequently Asked Questions on Public Solicitation Bill

What is the existing Public Solicitation Law?
  • Presidential Decree No. 1564 as amended by Act No. 4075, otherwise known as the “Solicitation Permit Law” was signed on 11 June 1978 by President Ferdinand E. Marcos. Provides that those desiring to solicit or receive contributions for charitable and public welfare purposes shall first secure a permit from the DSWD Regional Offices.
  • Executive Order No. 15, series of 1998 mandates the DSWD to regulate fund drives, public solicitation and donations for charitable or welfare purposes.
  • Executive Order No. 24, series of 2001 authorizes the DSWD to grant the conduct of National Fund Raising Campaigns.
  • RA 7160 or the Local Government Code of 1991 authorizes the Municipal Mayor and the City Mayor to issue permits without need of approval from any national agency for holding of activities for any charitable or welfare purpose excluding prohibited games of chance or shows contrary to law, public order and public morals.
What is the purpose of having the bill enacted into law?
  • To regulate public solicitation to protect the general public from unscrupulous solicitation.
  • To enable the government to effectively and efficiently monitor the use of funds.
  • To enhance mechanisms and models in conducting public solicitations, increase the share of proceeds allocated for the intended programs and projects, protect the beneficiaries and impose higher penalties.
What is the coverage of this bill?
  • NGAs, GOCCs, LGUs, NGOs (including faith-based, POs & CSOs), State Colleges and Universities
  • It also covers chapters and affiliates of similar international organizations operating in the Philippines which are partly or fully financed by funds solicited from or contributed by the public or private sectors
  • Organizations and agencies created by laws that confer authority to solicit and/or conduct fund campaign for charitable and/or public welfare purposes are EXEMPTED
  • Caroling during religious festivals or celebrations as a form of solicitation shall not require a solicitation permit if the solicitation is intended for the construction of a church, mosque or any structure for worship.
What are the requirements in applying for a permit?
  • Duly accomplished application form
  • Project proposal
  • Certified true copy of SEC Registration and Articles of Incorporation and By-Laws
  • Updated certification of good standing from the SEC or other regulatory body
  • Notarized written Agreement
  • Notarized Board Resolution on the Planned Solicitation Activity
What is the validity of the Solicitation Permit?
  • Permit is valid for one (1) year upon issuance.
  • Enforceable within the specified area in the Philippine territory.
  • An organization or agency with a good track record may be granted a solicitation permit not exceeding two (2) years.
What are the types of Solicitation?
  • Local Public Solicitation refers to a solicitation activity conducted within a city or municipality. The City/Municipal Mayor thru the C/MSWDO is authorize to issue solicitation permit for local public solicitation (within the city/municipality);
  • Provincial Public Solicitation refers to a solicitation activity conducted within two or more municipalities in the same province. The Provincial Governor thru the PSWDO is authorized to issue solicitation permit for provincial public solicitation;
  • Regional Public Solicitation refers to a solicitation activity conducted within two or more provinces in a region. The DSWD Regional Director is authorized to issue solicitation permit for regional public solicitation; and
  • National Public Solicitation refers to a solicitation activity conducted in two or more regions. The DSWD Secretary is authorized to issue solicitation permit for national public solicitation.
When is Temporary Solicitation Permit issued?

In times of natural or human-induced calamities or disasters and the intended beneficiaries of the public solicitation are disaster-stricken areas or communities where a state of calamity has been declared, a temporary solicitation permit may be issued.

What is the validity of the Temporary Solicitation Permit?

The validity of the Temporary Solicitation Permit shall be determined by the concerned DSWD, PSWDO, or MCWDO depending on their assessment of the impact of the calamity or disaster to the affected areas.

What are the methods of public solicitation?
  • Written request such as letters of appeal, envelopes and cards
  • Mass media campaign through television, cinema, radio, magazine , newspaper and billboards
  • Fun run, marathon, cycling and other forms of sports activities
  • Popularity contests
  • Donation box, coin box and other methodologies which may be allowed by the DSWD, PSWDO, C/MSWDO
  • Other methodologies that may be allowed by the DSWD, PSWDO, CSWDO or MSWDO
Is the issuing authority authorized to collect fees and charges and how these fees and charges managed?

Yes. The fees shall be remitted to the National Treasury and recorded as a Special Account in the General Fund. These shall be made available to the DSWD and LGUs.

What are the obligations of the concerned organizations or agency issued with permits?

Organizations or agency issued with solicitation permit shall submit audited financial report indicating therein whether the solicitation permit was issued or not.

How should the proceeds from solicitation are allocated?
  • Eighty percent (80%) is allocated for projects/programs for the targeted beneficiaries.
  • Not more than twenty percent (20%) is allocated for administrative costs.
Who may file a complaint?
  • The DSWD, PSWDO, C/MSWDO shall, on its initiative or upon the complaint of any individual, initiate an investigation and the filing of complains in the appropriate court, if warranted, against the organization or agency which undertake fund campaigns without the necessary permit or which secures such permits through fraudulent representation.
  • Any person or law enforcement agency may file a complaint before the appropriate court against any person, organization or agency which shall commit or is engaged in any of the acts punishable under Section 19 of this Act.
What are the prohibited acts?
  • Soliciting without valid solicitation permit from DSWD, PSWDO, or C/MSWDO
  • Soliciting beyond the allowed area of coverage or violating the mode of solicitation as indicated in the approved solicitation permit
  • Use of expired, falsified or tampered solicitation permit
  • Use the solicited funds other than the intended purpose/s
  • Using the beneficiaries as part of the strategy or mechanism in conducting the solicitation activity
  • Using solicitation paraphernalia which portray a dehumanizing picture, information or situation of the intended beneficiaries
  • Use of lottery and other games of chance where the source of prizes shall be taken from the proceeds of the solicitation activity
Other Offense?
Failure to comply with the reportorial requirements as required herein shall be punished with a fine of not less than One Hundred Thousand Pesos (Php100,000.00) but not more than Five Hundred Thousand Pesos (Php500,000.00).
What are the penalties?
  • Any person who violates the provision 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 One Hundred Thousand Pesos (Php100,000.00) but not more than Five Hundred Thousand Pesos (Php500,000.00) or both at the discretion of the court.
  • For the first offense, the solicitation permit of the concerned organization or agency shall be revoked and no permit shall be issued to them for a period of 2 years from the date of violation.
  • For the second 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 cancelled and revoked permanently.
What happens to proceeds of unauthorized solicitations?
Proceeds from unauthorized solicitations shall be forfeited in favor of the government.
Who are the authors?
  • House Bill No. 4650 is authored by Representatives Giorgidi B. Aggabao, Josephine Y. Ramirez-Sato, Arturo B. Robes, Angelina D.L. Tan, Maria Vilda R. Masongsong, Magnolia Rosa C. Antonino-Nadres, Estrelilita B. Suansing, Cresente C. Paez, Gavini C. Pancho, Leah S. Paquiz, Francisco Ashley L. Acedillo, Henedina R. Abad, Anthony M. Bravo, Mercedes C. Cagas, Carol Jayne B. Lopez, Rose Marie J. Arenas, Belma A. Cabilao, Lani Mercado-Revilla, Evelina G. Escudero, Regina Ongsiako Reyes, Gwendolyn F. Garcia, Imelda Quibranza Dimaporo, Elenita Milagros Ermita-Buhain, Nancy A. Catamco, Baby Aline Vargas-Alfonso, Ma. Victoria R. Sy-Alvarado, Sol Aragones, and Elisa T. Kho.
  • Senate Bill No. 1897 is authored by Senator Lito Lapid.

Proposed SWDAs Act

Frequently Asked Questions on Proposed SWDAs Act

What is the current system of the DSWD in regulating the social welfare and development agencies (SWDAs)?

The Department issued Administrative Order No. 16, series of 2012, entitled: Revised Administrative Order No. 17 Series of 2008 (Rules and Regulations on the Registration and Licensing of Social Welfare and Development Agencies and Accreditation of Social Welfare and Development Programs and Services) which establishes the DSWD requirements, procedures and policies on the registration and licensing of social welfare and development agencies and the accreditation of social welfare and development programs and services.

It provides mechanism for assessing and providing benefits and incentives to partner-SWDAs in providing quality, efficient and effective programs and services to its target clientele. However to increase accountability and transparency, and promote professionalism among SWDAs, the Department needs to strengthen its regulating functions by imposing penalties to unregistered and fly-by-night SWDAs.

What are the SALIENT FEATURES of the Bill?

It reinforces the regulatory functions of the DSWD over the public and private individuals, agencies and/or 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.

It provides sanctions in case of non-compliance with standards and procedures set by the DSWD.

It provides benefits and incentives to registered, licensed and accredited SWDAs in recognition of their importance and invaluable contribution in social welfare and development.

Who are covered by this proposed bill?

It covers the Social Welfare and Development Agencies (SWDAs) which comprise of a corporation, organization or association engaged in providing directly or indirect social welfare and development programs and services and obtain its finances either totally –or in part, foreign or 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.

There are two types of SWDA, namely:

  1. SOCIAL WELFARE AGENCY (SWA) – It refers to SWDA that directly provides restorative, preventive, and developmental programs and services to poor, vulnerable, marginalized, disadvantaged, and underprivileged individuals, families, groups or communities. It employs social workers, community development workers, and other qualified paraprofessionals who have related trainings and experiences.
  2. AUXILIARY SWDA – It provides supportive activities in the delivery of social welfare and development programs and services to the poor, vulnerable, marginalized, disadvantaged and underprivileged sectors.
How can the SWDAs apply for registration, licensing and accreditation?

1. Registration

All SWDAs 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 DSWD. Application for registration shall be filed at the concerned DSWD Field Office if the applying SWDA is covering one (1) region or to the Standards Bureau, if the applying SWDA is covering more than one (1) region.

2. Licensing

All SWAs shall comply with the requirements for licensing. Registration and licensing can be done simultaneously. The applicant shall file its application and licensing requirements at the concerned DSWD Field Office if the applying organization is covering one (1) region or to the Standards Bureau, if the applicant is covering more than one (1) region.

3. 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.

What are the advantages of becoming a registered, licensed, and accredited SWDAs?

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

Benefits and Privileges

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

Benefits and Privileges

  • 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.
  • Endorsement to the Department of Finance (DOF) for duty-free importation of foreign donations subject to compliance with set requirements.
  • Resource augmentation for program implementation, subject to compliance with the requirements as may be established by the Department.

Benefits and Privileges

  • 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.
  • Endorsement to the Department of Finance (DOF) for duty-free importation of foreign donations subject to compliance with set requirements.
  • Resource augmentation for program implementation, subject to compliance with the requirements as may be established by the Department.
  • Endorsement to the DOF for the done-institution status and other relevant tax incentives as provided by law.
  • Endorsement for resource augmentation or other assistance from any government agencies or private donors subject to compliance to set criteria.
  • Cash incentive, among others, depending on the availability of funds.
  • Laboratory of trainings and research.
Is there a fee for registration, licensing and accreditation of SWDAs?
Yes, corresponding fees shall be charged to all private SWDAs applying for new or renewal of registration, licensing or accreditation which will be determined by the DSWD.
Is there a validity for registration, license to operate and accreditation Certificates?
Yes, the Certificates of Registration and License to Operate shall be valid for five (5) years while the Accreditation Certificate shall be valid for three (3) to five (5) years depending on the compliance of the SWDA with accreditation standards.
Is there a penalty for unregistered SWDAs?
Yes, the 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 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 seizure of equipment, instruments and other facilities of the SWDA.
Who are the authors of the Bill?

A. House of Representatives

House Bill No. 5785 (in substitution of House Bill No. 3411), entitled: “An Act Establishing a Comprehensive System for Registrations and Licensing of Social Welfare and Development Agencies and Accreditation of Social Welfare and Development Programs and Services, and Appropriating Funds Therefor” or the “Social Welfare and Development Agencies (SWDAs) Act,” introduced by Representatives Cresente C. Paez, Anthony M. Bravo, Arturo B. Robes, Angelina “Helen D.L. Tan, M.D., Edgardo R. Masongsong, Emi G. Calixto-Rubiano, Rogelio Neil P. Roque, Magnolia Rosa C. Antonino, Lilia Macrohon-Nuño, Estrellita B. Suansing, Gina P. De Venecia, Gavini “Apol” C. Pancho, Emmi A. De Jesus, Leah S. Paquiz, Raneo “Ranie” E. Abu, Isagani S. Amatong, Victoria G. Noel, Ruby M. Sahali, Susan A. Yap, Sharon S. Garin, Maria Leonor Gerona-Robredo, Raul V. Del Mar, and Gus S. Tambunting.

B. Senate of the Philippines

Senate Bill Nos. 722 and 1934 entitled: “An Act Establishing a Comprehensive System for Registrations and Licensing of Social Welfare and Development Agencies and Accreditation of Social Welfare and Development Programs and Services, and Appropriating Funds Therefor” or the “Social Welfare and Development Agencies (SWDAs) Act of 2013,” introduced by Senators Ralph G. Recto and Joseph Victor G. Ejercito, respectively.

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The DSWD Legislative Agenda Information System was initiated by the Policy and Plans Group (PPG) to facilitate access of the general public to the position papers prepared by the Department on legislative measures concerning the basic sectors it serves. The system, which focuses on the 16th Congress, presents basic information on social welfare and development legislative measures and the Department’s official stand and recommendations.

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