Guidelines on Social Worker Appointments

The Joint Memorandum Circular implements Section 5 of the Magna Carta for Public Social Workers (Republic Act No. 9433).
Section 5 of Republic Act No. 9433 provides that the selection and appointment of social workers must follow the merit and fitness principle, and that government social work agencies and institutions must be headed by a registered social worker (except for cabinet and non-career positions).
Republic Act No. 9433 amends Section 483, Article XIII, Title Five, Book III of the Local Government Code of 1991, governing qualifications for social welfare and development officers.
The Joint Memorandum Circular bases its recruitment and qualification guidance on the Implementing Rules and Regulations (IRR) of Republic Act No. 9433, approved on November 7, 2007, particularly its Section 6 on Recruitment and Qualifications.
The local government officer qualification reference includes the Local Government Code’s baseline requirement that qualified provincial/city social welfare and development officers have at least five (5) years of practice of social work experience, and municipal social welfare and development officers have at least three (3) years, in addition to other qualifications stated in the Local Government Code.

The Joint Memorandum Circular prescribes guidelines to implement Section 5 of Republic Act No. 9433.
The guidelines focus on professional requirements for provincial, city, and municipal social welfare and development officers.
The Joint Memorandum Circular operationalizes the statutory rule that selection and appointment of social workers follows merit and fitness, with priority given to registered social workers.

Provincial, city, and municipal Social Welfare and Development Officer positions must include additional professional qualification requirements under these guidelines.
The priority and appointment restrictions apply to filling up social work positions in the government.
Local Chief Executives are the designated appointing authority addressed by the appointment prohibitions and administrative liability provisions.

In addition to the Local Government Code qualifications, a Provincial, City, or Municipal Social Welfare and Development Officer must be a registered social worker.
The registered social worker requirement applies specifically as an added qualification for these three levels of social welfare and development officers.

Priority must be given to registered social workers when filling up social work positions in the government.
A Local Chief Executive is prohibited from appointing a person who is not a social worker by profession to a social worker position when there exists an applicant who is a licensed social worker.
The appointment principle is designed so that a person is not appointed to a social worker position if a licensed social worker is applying and is actually available.

Incumbents holding a permanent social worker position, including the Head and other social workers, who were not registered social workers upon the passage of Republic Act No. 9433, must remain in office until resignation, transfer, or retirement.
An incumbent non-registered social worker holding a permanent position cannot be appointed to a higher social worker position unless the required qualification standards—including education and eligibility requirements—are met.
Upon the retirement or cessation from service of the incumbent, the Local Chief Executive must appoint a qualified social worker to the post.

Holders of social worker positions are encouraged to undergo social work trainings, human resources intervention, and other capability building activities for professional development.
Training and development are also encouraged to meet the qualifications for applicable higher positions.

The Civil Service Commission must monitor compliance with the Joint Memorandum Circular through its role in processing, attesting, and/or approving appointments of officials and personnel.
Compliance monitoring covers agencies and the entire bureaucracy-wide system, including Local Government Units (LGUs).

Any Local Chief Executive who violates the Joint Memorandum Circular must be held administratively liable under pertinent Civil Service Laws and Rules.
Any Local Chief Executive who violates the Joint Memorandum Circular must also be held criminally liable under the Anti-Graft and Corrupt Practices Act (Republic Act No. 3019).

If any provision of the Joint Memorandum Circular is declared invalid, the remaining provisions continue to have full force and effect.