Title
Licensing Rules for Social Welfare Agencies
Law
Kkpp Department Order No. 07, S. 1995
Decision Date
Mar 24, 1995
The Department of Social Welfare and Development establishes revised licensing rules for social work and welfare agencies, emphasizing the role of NGOs in supporting disadvantaged populations while ensuring accountability and compliance with regulatory standards.
A

Questions (KKPP DEPARTMENT ORDER NO. 07, S. 1995)

Under Article IV, the DSWD’s authority is drawn from: (a) Article II, Section 23 of the Constitution; (b) Article IV, Sec. 23 and Article V, Sec. 26 of R.A. No. 4373 as amended by R.A. 5175; (c) Article 118 of P.D. 603 (Child and Youth Welfare Code); and (d) Sec. 12 of E.O. 123.

It is a person, corporation, or organization—private or governmental—that engages mainly in social work/social welfare/development (e.g., casework, groupwork, or community organization), and obtains financing totally or in part from government agencies and/or the community through solicitations/fund drives/private endowments.

A non-government organization is a private social work/social welfare and development agency.

No. Article V states that “Registration and licensing shall be considered as one and the same process.”

All NGOs providing continuous social work intervention to promote the well-being of disadvantaged individuals, families, and communities through preventive, restorative, rehabilitative, and developmental programs/services must apply to the DSWD Field Office where they are based.

Article VI, Sec. 2 requires: (1) SEC Certificate of Registration and approved Articles/Constitution/By-Laws; (2) agency manual (Appendix 2); (3) board list (Appendix 3); (4) certified employee list (Appendix 4), including work authorization documents for non-Filipinos; (5) certification of paid employment of a registered social worker providing direct service and technical advice to management; and (6) a two-year work and financial plan including sources of funds, work plan/budget for administration and operations, and resource generation strategy.

The applicant must submit proof of compliance with applicable laws or ordinances on building, fire safety, health, sanitation, water, and other requirements (Article VI, Sec. 3).

Under Article VI, Sec. 4, it must submit its annual report for the preceding calendar year, including: programs/services/strategies and clients served; geographical coverage; list of paid personnel and volunteers; and a financial report verified by an independent auditor (Appendix 5 form).

It applies to the DSWD Field Office where its head office is located or where the bulk of its operation is conducted (Article VI, Sec. 5).

If it establishes two or more facilities serving different clientele categories in the same region, it must apply for a separate license for each facility (Article VI, Sec. 7).

After document review, the Assistant Field Director acknowledges the application and requires the NGO to attend an orientation/dialogue as a prerequisite to issuance of the license (Article VII, Sec. 8-9). Before recommending issuance, the Assistant Field Director or technical staff conducts one or more agency visits to validate submitted data (Article VII, Sec. 10).

Under Article VIII, Sec. 13, after technical assistance for a maximum period of six (6) months, if still noncompliant, the application is disapproved. The NGO is notified stating reasons and documents are returned without prejudice to future application.

The license may be suspended for: (a) failure to be accredited within three (3) years after licensing despite technical assistance; (b) notice of suspension of operations; (c) suspension/cessation without notifying the Field Office and discovery through other means; or (d) failure to submit an annual report to DSWD for two (2) consecutive years.

Revocation may be imposed for: (a) violation of existing laws; (b) mismanagement of funds; (c) exploitation/abuse/neglect of clientele or employees; (d) failure to function as a welfare agency; (e) suspension exceeding one (1) year due to failure to get accredited; or (f) cessation of operations after notice.

Complaints must be written and filed with the DSWD Field Office, which acknowledges receipt immediately (Article XIII, Sec. 27). The Field Director ensures action within 15 working days, conducts preliminary assessment and invites parties within 15 working days from receipt (Sec. 28[a]-[b]). If grounds are found, FO forwards findings/recommendation to the Secretary within 5 working days from completion of assessment (Sec. 28[c]). The Review Committee studies findings and recommends to the Secretary (Sec. 28[d]). The Secretary renders a written decision within 15 working days from submission of the Review Committee recommendation (Sec. 28[e]).

Under Article XIII, Sec. 29, the Secretary’s suspension shall not exceed one (1) year. During that time, clients shall be referred for servicing by other licensed agencies or the nearest LGU. Records must be transferred accordingly.

An agency may file a request for reconsideration within fifteen (15) days from receipt of the adverse decision; otherwise, the decision becomes final and immediately executory (Article XIII, Sec. 30).

Licensing enables operation; accreditation concerns programs/services. A licensed agency must work for accreditation within three (3) years, renewable every three (3) years thereafter (Article XV, Sec. 32). Suspension is tied to failure to be accredited within three years after licensing (Article XII, Sec. 25[a]).


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