Regulation of Social Work Practice in PH

Board of Examiners for Social Workers

Section 2 establishes a Board of Examiners for Social Workers to administer the Act.
Section 2 provides that the Board consists of a Chairman and four members, appointed by the President of the Philippines with the consent of the Commission on Appointments.
Section 2 requires Board appointees to be citizens and residents of the Philippines, at least thirty years of age, and of good moral character.
Section 2 requires Board appointees to hold either a Bachelor’s Degree in Social Work (B.S.S.W., B.S.S. or its equivalent) or a Master’s Degree in Social Work (M.S.S.W., M.S.S., M.A.S.W. or its equivalent) from a reputable school, college, or university duly recognized by the government.
Section 2 requires at least five years of practice in a social work agency for bachelor’s degree holders, or at least two years of social work practice for master’s degree holders, after receiving the respective degree.
Section 2 requires that appointees be registered social workers duly qualified to practice under the Act, but it exempts the first appointees to the Board from that registration requirement.
Section 2 bars appointees from being members of the faculty of any school, college, or university at the time of appointment; it also bars such membership during the year immediately exceeding the appointment when conferring the bachelor’s and/or master’s degree in social work, and bars direct or indirect pecuniary interest in such institution.
Section 2 sets eligibility that Board appointees must be registered and qualified to practice, with the only qualification exception being for the first appointees.

Board functions, term, and governance

Section 3 authorizes the Board to administer the provisions of the Act.
Section 3 authorizes the Board to administer oaths connected with administering the Act.
Section 3 requires the Board to prepare its official seal.
Section 3 empowers the Board to issue, suspend, and revoke certificates of registration for the practice of social work.
Section 3 directs the Board to look into conditions affecting the practice of social work and adopt measures necessary to maintain the good standing and ethics of the profession.
Section 3 empowers the Board to investigate violations of the Act and the rules and regulations issued under it, and to issue subpoenas and subpoenas duces tecum to secure witness appearances and document production.
Section 4 provides that Board members hold office for a term of three years or until successors are appointed and duly qualified.
Section 4 specifies staggered terms for the first Board: the Chairman serves three years, two members serve two years, and two members serve one year, as specified in their appointment.
Section 4 provides that vacancies within a term are filled only for the unexpired portion.
Section 4 requires each member to qualify by taking the proper oath of office before performing duties and states that no member shall succeed himself or herself on the Board.
Section 5 provides that the Commissioner of Civil Service is the Executive Officer of the Board and conducts examinations according to rules and regulations promulgated by the Board and approved by the President of the Philippines.
Section 5 requires the Board members to elect a Secretary among them to take charge of records.
Section 5 mandates that the Civil Service Commission keeps all Board records, including examination papers, minutes of deliberations, and records of administrative proceedings and investigations.

Qualifications, exams, and registration process

Section 10 provides the general rule that, unless exempt from registration, no person shall practice or offer to practice social work in the Philippines or be appointed to any position calling for social work in any social work agency (private or governmental) without a valid certificate of registration issued by the Board.
Section 10 exempts recognized social workers or social work authorities who are residents and/or citizens of other countries and are called in for consultations in an agency working with the United Nations and/or similar international social agencies.
Section 10 protects regularly appointed social workers employed in social work agencies on the date of approval of the Act, except for social workers employed in government social work agencies whose salaries may not be increased or adjusted until they pass the civil service examination and qualify as social workers under the Act.
Section 10 creates an exemption for qualified practitioners: persons who, at the effectivity of the Act, possess qualifications enumerated in Section 12 and are actually engaged in the practice of social work for five years in a social work agency recognized by the Community Chest, Council of Welfare Agencies, Philippine Youth Welfare Coordinating Council, or Social Welfare Administration are exempt from taking the examination if they register as social workers within one year after the approval of the Act.
Section 11 requires that, except as specifically allowed by the Act, all applicants for registration must undergo a written examination given by the Board annually in Manila at the time and place fixed by it, subject to approval by the Commissioner of Civil Service and the President of the Philippines.
Section 11 requires mailed written or printed examination notices to each candidate who filed name and address with the Board Secretary at least thirty (30) days prior to the exam date.
Section 12 requires admission to the examination only upon establishment to the Board’s satisfaction that the applicant: is a Philippine citizen; is at least twenty-one years of age; is in good health and of good moral character; has a diploma as holder of a bachelor’s degree in social work from an accredited, legally constituted institution; and has completed at least one thousand case hours of practical training in an established social work agency under direct supervision of a fully trained and qualified social worker.
Section 13 provides that the examination consists of a written test whose scope is determined and prescribed by the Board considering the curriculum of social work courses offered in legally constituted schools in the Philippines.
Section 13 prohibits changes, alterations, or additions to examination subjects within two years from the date of promulgation of those subjects.
Section 13 requires the Board to prepare the schedule of subjects, submit it to the President of the Philippines for approval through the Commissioner of Civil Service, and publish it as approved at least three months before the examination date in which it will be used.
Section 13 requires that any alteration or amendment to the schedule must also be approved by the President.
Section 14 sets passing rules: a candidate must obtain a general rating of at least seventy percent (70%) in the written test and must have no subject rating below fifty percent (50%).
Section 15 requires the Board to report examination ratings within one hundred twenty days after the examination to the Commissioner of Civil Service, who with recommendation submits them to the President of the Philippines for approval.
Section 16 requires successful examinees to take a professional oath before the Board or before any authorized person administering oaths before entering practice in the Philippines.
Section 17 provides that the Board issues certificates of registration to applicants who pass the examination after approval of ratings by the President of the Philippines and upon payment of required fees.
Section 17 requires each certificate to show the registrant’s full name and serial number and bear signatures of Board members, attested by the Secretary and authenticated with the Board’s official seal.
Section 17 states that issuance of a certificate is evidence that the named person is entitled to all rights and privileges of a registered social worker until the certificate is temporarily revoked or cancelled for just cause.
Section 18 authorizes registration by reciprocity: a certificate may be issued without examination to social workers registered under the laws of a foreign state/country if that state/country’s registration/licensing requirements are substantially the same as those contemplated by the Act and its laws grant the same privileges to Filipino social workers on the same basis.
Section 19 sets fees: applicants for examination pay an examination fee of fifty pesos (PHP 50) and successful applicants pay a registration fee of thirty pesos (PHP 30); fees are paid to the disbursing officer of the Civil Service Commission, which pays the Board’s authorized expenses, including compensation of its Chairman and members.
Section 20 requires the Board to refuse to issue certificates to: (1) persons convicted by a court of competent jurisdiction of any criminal offense involving moral turpitude; (2) persons guilty of immoral or dishonorable conduct; and (3) persons of unsound mind or suffering from an incurable or infectious disease.
Section 20 requires the Board to give the applicant a written statement of reasons, and to incorporate that statement into the Board records.
Section 21 empowers the Board to revoke or suspend a social worker’s certificate for causes in Section 20 or for unprofessional conduct, malpractice, incompetency, serious ignorance of or negligence in the practice of social work, or fraud, deceit, or falsity used to obtain a certificate.
Section 21 requires due notice and hearing before revocation of certificates.
Section 22 authorizes reissue: upon proper application and explanation and for reasons of equity and justice, the Board may issue another copy of a certificate upon payment of ten pesos (PHP 10).
Section 22 authorizes replacement of lost, destroyed, or mutilated certificates upon rules of the Board and payment of ten pesos (PHP 10).

Board standards, rules, and public reporting

Section 8 requires the Board, subject to approval of the President and with advice of the Commissioner of Civil Service, to set ethical and professional standards for social work practice and adopt necessary rules and regulations to carry out the Act.
Section 8 provides that such standards, rules, and regulations take effect thirty (30) days after publication in the Official Gazette.
Section 9 requires the Board to submit an annual report to the President of the Philippines and to Congress after the close of the fiscal year, giving a detailed account of Board proceedings and including recommendations the Board desires to make.

Social work agencies: registration and funding limits

Section 23 prohibits any social work agency from operating and being accredited unless it first registers with the Social Welfare Administration, which issues the corresponding certificate of registration.
Section 23 grants existing social work agencies at the time of approval of the Act a period of one year to secure the certificate of registration.
Section 23 requires Social Welfare Administrator satisfaction before registration, including proof that the applicant is mainly or generally engaged in social work activity.
Section 23 requires the applicant to employ a sufficient number of duly qualified and registered social workers to supervise and take charge of its social work functions in accordance with accepted social work standards.
Section 23 requires a duly certified financial statement showing at least sixty percent (60%) of funds are disbursed for direct social work services.
Section 23 requires the agency to keep a social work record of all cases and welfare activities handled.
Section 24 prohibits government agencies or instrumentalities from giving financial or other aid to any social work agency unless it is duly registered with the Social Welfare Administration under Section 23.
Section 25 authorizes revocation of an agency’s certificate if, after due investigation, the Social Welfare Administration finds that the agency failed to perform its functions as a social work agency or violated existing laws, rules, and regulations.

Penalties and compliance consequences

Section 26 imposes penalties for multiple prohibited acts, including: practicing or offering to practice social work in the Philippines without being registered or exempted under the Act; using another person’s certificate as one’s own; giving false or fraudulent evidence to obtain a certificate; impersonating any registrant; attempting to use a revoked or suspended certificate; using or advertising titles or descriptions tending to convey impression of being a social worker without valid registration; violating any provision of the Act; violating Board rules and regulations or Board orders approved by the President for carrying out the Act; and operating as a social work agency without the corresponding Certificate of Registration.
Section 26 provides that the penalties are a fine of not less than five hundred pesos (PHP 500) nor more than two thousand pesos (PHP 2,000), or imprisonment of not less than one month nor more than two years, or both, at the court’s discretion.

Separability, repeals, and effectivity

Section 27 includes a separability clause: if any provision of the Act or its application is declared invalid, the remainder of the Act or its application to other persons or circumstances is not affected.
Section 28 contains a repealing clause: all acts, executive orders, rules, or regulations, or parts thereof, inconsistent with the Act are repealed.
Section 29 provides effectivity: the Act takes effect upon approval.