DSWD ORDER NO. 29, S. 1999, November 05, 1999
REVISED GUIDELINES IN THE LICENSING OF SOCIAL WORK OR SOCIAL WELFARE AND DEVELOPMENT AGENCIES
by which social work or social welfare and development agencies shall
be registered and authorized to operate by the Department of Social
Welfare and Development (DSWD).
I. RATIONALE
The DSWD recognizes the vital role of non-government organizations
(NGOs), people’s organizations (POs), other government agencies and
private entities, as partners in the promotion of the welfare of the
disadvantaged population. Through complementation of goals, objectives
and resources, quality service delivery for the poor and disadvantaged
groups can be achieved. This partnership is also founded on the shared
vision of empowering the poor and disadvantaged, so that they are able
to live a life of dignity and self-reliance.
Through licensing, as one of the functions of DSWD, the NGOs, POs,
other government and private agencies are supported in providing
effective, relevant and quality social services. Licensing is an
enabling process of recognizing the capability of an agency and granting
it the authority to implement services and operate as a social work or
social welfare and development agency. Through this function, DSWD also
seeks to protect the trust of the people by promoting public
accountability, transparency, professionalism and integrity in the
delivery of social services.
Furthermore, in the light of the government’s devolution thrust to
hasten the delivery of services and access resources to the people,
licensing of social work or social welfare agencies operating in only
one region has been decentralized to the DSWD Field Offices. The DSWD
Central Office shall issue licenses to agencies operating nationwide or
in more than one region at the time of application.
II. MANDATE AND LEGAL BASES
The DSWD draws its authority and responsibility to license social
work or social welfare and development agencies from the following:
a) Republic Act No. 4373 amended by R.A. 5175 —
Regulating the Practice of Social Work and the Operation of Social Work
Agencies in the Philippines; 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 which shall
issue the corresponding registration certificate”.
b) Executive Order 292 otherwise known as the
Administrative Code of 1987, Title XVI, Chapter IV. Bureaus and Offices,
Section 10. Functions. “Each of the staff bureaus shall: (4) develop
standards and assess agencies for licensing and accreditation.”
c) Presidential Decree 603 otherwise known as the
Child and Youth Welfare Code as amended. Article 118. “No private
person, natural or juridical shall establish temporarily or permanently
any child welfare agency without first securing a license from the
Department of Social Welfare and Development. Such license shall not be
transferable and shall be used only by the person or institution to
which it was issued at the place stated therein”.
d) Executive Order 15 — Redirecting The Functions
and Operations of the Department of Social Welfare and Development,
Section 3 Powers and Functions, (f) Set standards, accredit and provide
consultative services to institutions, organizations and persons engaged
in social welfare activities and monitor performance of institutions,
organizations and persons engaged in social welfare activities, both
public and private.”
III. DEFINITION OF TERMS
The following terms are defined for purposes of this Order:
a) Social Work or Social Welfare and Development Agency is
any person whether natural or juridical, profit or non-profit, such as
sole proprietorship, partnership, corporation, cooperative or
non-government organizations, that engage mainly in services that
promote the development and welfare of clientele groups through the use
of social work methods and approaches.
The clientele groups may be children, youth, women, and persons with
disabilities, older persons, and victims of disasters, families,
communities and other disadvantaged groups.
Sole Proprietorship — is a legal entity in whose management and control of the business is relegated or governed by a single person.
Partnership — is a legal entity where, through a contract
of partnership, two or more persons bind themselves to contribute
money, property or industry to a common fund, with the intention of
dividing the profits among themselves. (Civil Code, Art. 1767)Corporation — is an artificial being created by law
having the right of succession, and the powers, attributes and
properties expressly authorized by law and incident to its existence.
(Corporation Code, Section 2). This covers NGOs, religious societies,
corporation sole, civic organizations and associations.
(b) License — is the certificate issued by DSWD which
gives authority to an agency to implement social work or social welfare
and development services. It is issued after the agency meets the
licensing requirements.
(c) Residential or Center-Based Agencies or Institutions
— are agencies that provide 24-hour custodial care. For children, these
institutions include child-caring agencies, group homes, detention
homes, shelter-care institutions, receiving homes, nurseries, maternity
homes, rehabilitation centers, reception and study centers and
child-placing agencies.
There are also residential centers for the youth, older persons,
disadvantaged women, and persons with disabilities, and others in
especially difficult circumstances.
(d) Child Placing Agency — is an institution or
person assuming the care, custody, protection and maintenance of
children for placement in any child caring institution or home under the
care and custody of any person or persons for purposes of adoption,
guardianship or foster care (PD 603, Art. 117, 9)
(e) Community-Based Services — are social services
that are provided to clients in their own homes or other alternative
parental arrangements and communities.
IV. COVERAGE AND APPLICABILITY
These guidelines cover all agencies as defined in Section III, (a)
implementing social services and programs that aims to improve the level
of well-being of the poor and disadvantaged individuals, families and
communities. These services may be developmental, preventive,
restorative or rehabilitative.
A license is valid for three (3) years, at the area or areas
specified therein, and covering the program or programs and services
specified. It is non-transferable.
An agency whose operations are limited to one (1) region, shall be
issued its license by the DSWD Field Office covering its area or areas
of operation. In case of expansion to other regions, the agency shall
notify the Field Office which issued its license as well as those where
it expands or intends to expand its operations.
An agency operating nationwide or in more than one region, shall be
issued its license by the Standards Bureau. All DSWD Field Offices
concerned shall be duly notified of operations of NGOs licensed by the
Central Office.
V. STEPS IN LICENSING
The following are the steps in licensing:
1. Orientation. Agencies planning to
implement, or are already implementing social work/welfare and
development services but without license shall be provided information
on what licensing is all about. The approaches, methodology and media
shall be according to territorial, cultural and other prevailing
regional situations.
2. Assessment of Application. An agency
formalizes its application for a license to operate as a social work or
social welfare and development agency with submission of the licensing
requirements. The attached checklist and application form shall form an
integral part of this Order.
The documents that shall be required are:
> Accomplished DSWD Application Form
> For a corporation or partnership
* Certified true copy of Certificate of Registration from the
Securities and Exchange Commission (SEC), Articles of Incorporation or
Partnership and By-Laws
> For a sole proprietorship
* Taxpayer Identification Number (TIN) (BIR Form 1925) or
certified true copy of DTI Certificate of Business Name Registration
> For a cooperative
* Certificate of Registration with the Cooperative Development Authority (CDA)
> Additional requirements for residential facilities
* Certificate of Fire Safety
* Certificate of Building Structural Safety
* Water and Sanitation Certificate
3. Agency Visit. A qualified staff of the DSWD
Field Office or Standards Bureau as the case may be, shall visit the
agency inspection and technical assistance on social work or social
welfare operations within five working days after the agency files its
application supported by documents mentioned in No. 2.
4. Issuance of License. The license shall be issued
within five (5) working days after steps nos. 2 and 3 above. This shall
be issued to new applicants or to agencies applying for renewal after
meeting the licensing requirements.
Any change in the agency name, services, area or areas of operation
shall require a corresponding amendment of the license from the DSWD
Office where the license was issued supported by an agency Board
Resolution and amended Articles of Incorporation or Partnership and
By-laws for corporations or partnership.
5. Renewal of License. An agency which continues to
operate after the three-year validity of its license shall apply for
renewal at least 30 days before the expiration date. The process and
requirements for this shall follow nos. 2 to 4 of Section V of these
guidelines. The agency shall also submit its latest Accomplishment
Report including Financial Report when renewing its license.
VII. COMPLAINTS
The DSWD Office or Standards Bureau as the case may be shall handle
complaints regarding operations of agencies they licensed. The Field
Director or Bureau Director shall appoint an investigator/s who will
submit an official report within thirty (30) days after receipt of the
complaint.
The Field Office Standards and Unit or Standards Bureau shall review
and assess the results of the investigation. They may call the
complainant and concerned parties or invite resource persons as
necessary. Their report with corresponding recommendations shall be
completed within five (5) days after the review.
The concerned agency and the complainant/s shall be informed in
writing about the results of the investigation and the decision on the
case by the Field Director or Standards Bureau Director as the case may
be. The concerned agencies and complainant/s shall have ten (10) days
after receipt of the decision to request for reconsideration.
VIII. SUSPENSION AND REVOCATION OF LICENSE
The concerned DSWD Office may, after due notice and hearing, suspend
or revoke the license of any social work or social welfare and
development agency due to any of the following grounds:
1. The said agency is insolvent or is not in a financial
position to support and maintain its clientele or to perform the
functions for which it was granted license.
2. Mismanagement of funds;
3. Exploitation, abuse, or neglect of its clientele;
4. The said agency is being used for immoral purpose;
5. Additional violations by child welfare agencies as per Presidential Decree 603:
a) that the place is so unsanitary so as to make it unfit for children;
b) that said agency is located in a place or community
where children should not be, or is physically dangerous to children or
would unduly expose children to crime, vice, immorality, corruption or
severe cruelty.
6. Any act of omission showing its unworthiness and
incompetence to continue acting as a social welfare and development
agency.
XI. EFFECTIVITY
This Order takes effect immediately and revokes Department Order No.
07 Series of 1995 and Department Order No. 03 and No. 12 Series of
1999.
Adopted: 05 November 1999
(SGD.) GLORIA MACAPAGAL-ARROYO
Vice President of the Philippines and DSWD Secretary