Reorganization of the Ministry of Social Welfare

Legal basis and constitutional anchors

Article II, Section 1 (a) of the Freedom Constitution is expressly recalled as the constitutional mandate for government reorganization under the recitals.
Articles III of the Freedom Constitution are expressly recalled as the constitutional basis under the recitals.
Executive Order No. 5 (1986) is expressly recalled as directing necessary and proper changes in organizational and functional structures of government to promote efficiency and effectiveness under the recitals.
Executive Order No. 17 (1986) and Article III of the Freedom Constitution are expressly referenced in personnel separation/benefit rules under Sections 22 and 23.

Policy, purpose, and strategic mandate

The State is committed to the care, protection, and rehabilitation of the population segment with the least in life and needing social welfare assistance and social work intervention under Section 3.
Welfare is treated as encompassing services that address needs of individual, family, group, and community in a holistic manner under the recitals.
Welfare and development are treated as a shared concern between the State and its people under the recitals.
The Ministry’s fundamental strategy is to provide a balanced approach to welfare that addresses needs not only at the outbreak of crisis but more importantly at the stage leading inexorably to crisis under Section 4.
The Ministry’s objectives include care/protection/rehabilitation of physically and mentally handicapped and socially disabled persons, provision of integrated welfare packages, arresting further deterioration at the community level, and advocacy for policies addressing social welfare concerns under Section 4(a)-(d).

Reorganization: ministry renaming and authority

The Ministry of Social Services and Development is renamed the Ministry of Social Welfare and Development and is referred to as the Ministry under Section 2.
The Ministry is reorganized structurally and functionally in accordance with Executive Order No. 123 under Section 2.
The authority and responsibility for implementing the Ministry mandate and discharging its powers and functions are vested in the Minister of Social Welfare and Development under Section 6.
The Minister exercises supervision and control over the Ministry under Section 6.
The Minister is appointed by the President under Section 6.

Ministry organization and staffing roles

The Ministry consists of the Ministry Proper (Office of the Minister, Offices of the Deputy Ministers and Assistant Ministers, and the Services), and also consists of Bureaus, Regional Offices, Provincial/City Offices, and Municipal/District Offices under Section 7.
The Office of the Minister comprises the Minister, the Minister’s immediate staff, and the Public Affairs and Liaison Service under Section 8.
The Minister is assisted by two (2) Deputy Ministers under Section 9.
At least one Deputy Minister must belong to the career executive service, and both Deputy Ministers are appointed by the President upon recommendation of the Minister under Section 9.
One Deputy Minister supervises internal operations and the other handles liaison between the Minister and attached agencies under Section 9.

Services, bureaus, and specialization

The Minister is assisted by three (3) career Assistant Ministers, appointed by the President upon recommendation of the Minister, under Section 10.
Assistant Minister functions are assigned as follows under Section 10(a)-(c):
- Supervision of Personnel Development Service, Administrative Service, and Financial Service under Section 10(a).
- Supervision of the staff bureaus: Bureau of Child and Youth Welfare, Bureau of Woman’s Welfare, Bureau of Family Community Welfare, Bureau of Emergency Assistance, and Bureau of Disabled Persons’ Welfare under Section 10(b).
- Supervision of Planning and Monitoring Service and Legal Service, and assistance in matters pertaining to regional/field operations under Section 10(c).
The Ministry Services and the Public Affairs and Liaison Service have the specific functions under Section 11:
- Personnel Development Service handles manpower, career planning and development, personnel transactions, and employee welfare.
- Financial Service handles budget, collection, disbursement, and other financial matters.
- Administrative Service handles records, correspondence, supplies, property and equipment, security, and general services.
- Planning and Monitoring Service provides technical services for policy formulation, strategic and operational planning, management systems/procedures, and evaluation/monitoring of programs/projects/internal operations.
- Legal Service provides legal services, especially on proposed legislations.
- Public Affairs and Liaison Service provides public information/publications and coordinates/mobilizes volunteers, non-governmental organizations, and cause-oriented groups in partnership with the Ministry.
Staff bureaus under Section 12 are primarily staff in character: they exercise technical supervision over Regional Offices, develop policies and programs in their specializations, and formulate related guidelines and standards for proper implementation.
Staff bureaus perform functions under Section 12(a)-(k), including policy/rules/standards formulation, pilot/special projects before nationwide rollout, audit/evaluation and technical assistance to operating units/field offices and LG welfare departments, licensing/accreditation standards and assessment, regulatory review including tax exemptions for foreign donations, advisory services to NGOs, orientation/training content, indigenous literature and media materials, welfare council networking/coordination, studies/action research and proposed policy/amendments, and linkages for welfare programs/projects for national, regional, and interregional cooperation.
Areas of specialization are expressly defined through a repeated enumerated set under Section 13(a)-(k).

Powers, functions, and welfare delivery structure

The Ministry formulates, develops, and implements social welfare and development plans, programs, and projects under Section 5(a).
The Ministry adopts policies to ensure effective implementation of programs for both public and private social welfare services under Section 5(b).
The Ministry promotes, supports, and coordinates the establishment, expansion, and maintenance of non-governmental social welfare facilities, projects, and services under Section 5(c).
The Ministry establishes, operates, maintains, and supports institutional facilities, projects, and services for its constituents under Section 5(d).
The Ministry promotes people’s organizations for a self-directing welfare system at the grassroots level under Section 5(e).
The Ministry promotes, supports, and coordinates networks and facilities for identification and delivery of appropriate intervention to welfare constituents under Section 5(f).
The Ministry accredits institutions and organizations engaged in social welfare activities and provides consultative and information services under Section 5(g).
The Ministry undertakes researches and studies on matters pertaining to its constituency under Section 5(h).
The Ministry initiates and maintains bilateral and multilateral linkages for technical cooperation in coordination with the Ministry of Foreign Affairs under Section 5(i).
The Ministry provides advisory services and develops and implements training standards and programs for personnel, social workers, students, and third-country participants for career and staff development under Section 5(j).
The Ministry disseminates information and publishes technical bulletins on social welfare and development under Section 5(k).
The Ministry is empowered to deputize law enforcement agencies to assist in implementing laws, rules, and regulations for the protection of the rights of exploited, abused, and disadvantaged persons under Section 5(l).
The Ministry regulates fund drives, public solicitations, and donations for charitable/welfare purposes under Section 5(m).
The Ministry sets standards, accredits, and monitors performance of all social welfare activities in both public and private sectors under Section 5(n).
The Ministry exercises functional and technical supervision over social workers in other government settings such as courts, hospitals, schools, and housing projects under Section 5(o).
The Ministry can deputize local government and other agencies necessary for providing disaster relief under Section 5(p).
The Ministry coordinates activities implementing programs and services for the disabled, the aging, and other socially disadvantaged under Section 5(q).
The Ministry may establish, operate, and maintain a Regional Office in each administrative region, with functions including efficient/effective regional service, establishing minimum welfare facilities, ensuring implementation of relevant laws/policies/programs/rules/regulations within the region, securing coordination with other ministries/agencies/institutions/organizations and especially LGUs, and conducting continuing studies and planning under Section 14.
Regional Offices must, at minimum, establish and support welfare facilities including: Vocational Rehabilitation and Special Education Center for the Handicapped, Reception and Study Center, Rehabilitation Center for Youth Offenders, and Day Care Centers under Section 14(a).
The Ministry may establish, operate, and maintain additional welfare facilities as necessary and authorized by the Minister, including: Other Vocational Rehabilitation and Special Education Centers for the Handicapped, “Street Children” Centers, Centers for Youth with Special Needs, Other Centers for Youth Offenders, Homes for the Aged, Hones for Unwed Mothers, Drug Abuse Centers, Other Reception and Study Centers, and other necessary facilities to assist the socially disadvantaged under Section 15(a)-(i).
Regional Offices are headed by a Regional Director responsible for efficient and effective carrying out of functions, with authority to exercise functional and administrative supervision over provincial operations as delegated by the Minister, including authority to contribute resources and personnel to integrated region and provide-wide development thrusts, consistent with decentralization under Section 16.
Regional Directors have two Assistant Regional Directors under Section 16, one for programs and one for administration.
The Ministry may establish Provincial/City Offices with jurisdiction over municipalities/districts in the province under Section 17, headed by a Provincial/City Social Welfare Officer who is accountable for efficient/effective performance, implements programs, and exercises functional administrative supervision over field operations, including authority to recommend contributions of field resources and personnel to integrated municipality-wide development efforts under Section 18.
Municipal/District Offices are established to service a municipality/city district under Section 19 and are headed by a Supervising Social Welfare Officer primarily responsible for implementation of field programs under supervision of the Provincial/City Office.
Social welfare services by the Ministry do not prejudice similar efforts by LGUs or private agencies, institutions, or groups; Ministry units must actively promote and extend maximum assistance, including counterpart or supplementary funds and resources, upon approval by the Minister under Section 20.

Attached agencies and reorganizational transfers

The Population Commission remains as the population planning and coordinating agency attached to the Ministry under Section 21(a).
The National Council for the Welfare of Disabled Persons (formerly the National Commission Concerning Disabled Persons) is attached to the Ministry as a consultative forum and advisory board on matters pertaining to welfare of physically, mentally, and socially disabled persons under Section 21(b).
The governing boards and secretaries of attached agencies must be reorganized within one hundred twenty (120) days from approval under Section 21.
Personnel separated as a result of reorganizations described in Section 21 are entitled to benefits provided in Section 23 under Section 21.
The National Commission Concerning Disabled Persons is replaced by the National Council for the Welfare of Disabled Persons under Section 22(a).
The National Executive Committee for the Aging in the Philippines is abolished and its functions are transferred to the Ministry under Section 22(b).
The Home Economic Division of the Bureau of Agricultural Extension of the Ministry of Agriculture and Food is transferred to the Bureau of Women’s Welfare of the Ministry together with its functions, appropriations, funds, records, equipment, facilities, other assets, and personnel as may be necessary; incumbents continue in a hold-over capacity and receive salaries/benefits unless separated under Executive Order No. 17 (1986) or Article III of the Freedom Constitution under Section 22(c).
Incumbents of the transferred division whose positions are not included in the new position structure and staffing pattern approved and prescribed by the Ministry, or who are not reappointed, are deemed separated and receive benefits under the second paragraph of Section 23 under Section 22(c).
Transfers of functions in Section 22(a)-(b) include necessary appropriations, funds, records, equipment, facilities, other assets, and personnel for proper performance, while remaining appropriations and funds revert to the General Fund and remaining records/equipment/facilities/other assets are allocated or disposed of by the Minister in accordance with the Government Auditing Code and other pertinent laws, rules, and regulations under Section 22(c).
Liabilities of abolished agencies are treated under the Government Auditing Code and other pertinent laws, rules, and regulations under Section 22(c).
Incumbents continue in a hold-over capacity and receive salaries/benefits unless separated under Executive Order No. 17 (1986) or Article III of the Freedom Constitution under Section 22(c), and incumbents whose positions are not included in new structures/staffing patterns or are not reappointed receive benefits under Section 23 under Section 22(c).

New position structure, separation rules, and judicial limits

Upon approval, officers and employees of the Ministry continue in a hold-over capacity to perform duties and responsibilities and receive salaries and benefits unless separated under Executive Order No. 17 (1986) or Article III of the Freedom Constitution under Section 23.
The new position structure and staffing pattern are approved and prescribed by the Minister within one hundred twenty (120) days from approval of the Executive Order and the authorized positions created are filled with regular appointments by the Minister or by the President as the case may be under Section 23.
Those whose positions are not included in the approved structure or who are not reappointed are deemed separated from the service under Section 23.
Separated employees receive retirement benefits they may be entitled to under existing laws, rules, and regulations under Section 23.
Separated employees otherwise receive the equivalent of one month basic salary for every year of service, or the equivalent nearest fraction thereof favorable to them based on the highest salary received, but payment must not exceed the equivalent of 12 months salary under Section 23.
No court or administrative body may issue any writ of preliminary injunction or restraining order to enjoin separation/replacement effected under Executive Order No. 123 under Section 23.

Implementation rules, performance, constraints, and funding

The Ministry must formulate and enforce a system for measuring and evaluating performance periodically and objectively and must submit the same annually to the President under Section 24.
No change in the reorganization prescribed by the Executive Order is valid unless approved in advance by the President under Section 25.
The Minister issues such rules, regulations, and other issuances as necessary to ensure effective implementation of the Executive Order under Section 26.
If a reorganizational change authorized has substantive/material prejudice to third persons with rights recognized by law or contract such that notice or consent of creditors is required by agreements, that notice or consent must be complied with prior to implementation under Section 27.
Funds needed to carry out the Executive Order provisions are taken from funds available in the Ministry under Section 28.

Nomenclature, separability, repeals, and effectivity

If a new Constitution adopts a presidential form of government, the Ministry shall be called the Department of Social Welfare and Development, and the titles Minister, Deputy Minister, and Assistant Minister shall change to Secretary, Undersecretary, and Assistant Secretary, respectively under Section 29.
Any portion of the Executive Order declared unconstitutional does not nullify other portions as long as remaining portions can subsist and be given effect under Section 30.
All laws, ordinances, rules, regulations, and other issuances or parts inconsistent with the Executive Order are repealed or modified accordingly under Section 31.
The Executive Order takes effect immediately upon approval under Section 32.