Mandate, policy, and philosophy
- The Department of Social Welfare and Development (DSWD) is the primary agency mandated to develop and implement comprehensive social welfare services to facilitate the integration of the most disadvantaged and distressed Filipinos into the mainstream of society.
- Non-Governmental Organizations (NGOs) are recognized as partners of government in promoting the welfare of disadvantaged populations through continuing complementarity of goals, objectives, and methodology.
- Licensing standards are designed to ensure that planned targets for relevant sectors of the disadvantaged population are covered and that public confidence is strengthened through regulation and standards.
- Licensing rules prioritize the clientele as the prior concern of social work/social welfare and development agencies.
- Accountability to donors and other supporters is treated as a primary concern because many private agencies are funded by public contributions and voluntary donations.
- The services and opportunities for upliftment of socio-economic conditions of individuals, families, and communities are treated as a shared responsibility of the private sector through NGOs, enabled by the DSWD to commit to competence and integrity.
- Employer-employee relations in NGOs are recognized as a major factor affecting service to clients, and settlement of conflicts is required not to lose sight of the NGO’s primary duty to serve.
Legal basis and repealed rules
- Article II, Section 23 of the Constitution provides constitutional basis for the DSWD’s role in social welfare.
- Republic Act No. 4373, as amended by Republic Act No. 5175, regulates the practice of social work and the operation of social work agencies and is cited as legal basis for the licensing authority of the DSWD.
- Presidential Decree No. 603 (Child and Youth Welfare Code) provides legal basis for the regulatory function over child welfare agencies.
- Executive Order No. 123 (dated Jan. 30, 1987) is cited for reorganization and establishment of the DSWD’s functions.
- Administrative Order No. 35, series of 1989 and other inconsistent rules are revoked under the repealing clause.
Key definitions for licensing
- A “social work/social welfare and development agency” is a person, corporation, or organization—private or governmental—that mainly engages in social work/social welfare and development (casework, groupwork, or community organization) and generally represents itself to engage in such work, financed directly or indirectly from government agencies and/or the community through solicitations, fund drives, and/or private endowments.
- A “non-government organization (NGO)” is a private social work/social welfare and development agency.
- A “license” is the certificate issued by the DSWD to an agency that has complied with statutory requirements to operate as a social work/social welfare and development agency.
- “Licensing” is the process of enabling NGOs to comply with statutory requirements to operate; registration and licensing are treated as one and the same process.
- An “applicant” is a non-governmental organization applying for issuance of a license to operate as a social work/social welfare and development agency.
Licensing coverage and where to apply
- All NGOs providing continuous social work intervention for the well-being of disadvantaged individuals, families, and communities must apply in writing to the DSWD Field Office where the agency is based for a license to operate.
- Licensing application must cover continuous social work intervention through preventive, restorative, rehabilitative, and developmental programs and services.
- For NGOs operating residential or center-based programs, proof of compliance with applicable laws or ordinances on building, fire safety, health, sanitation, water, and other requirements must be submitted.
- An NGO already operating without a license must submit its annual report for the preceding calendar year containing program, service, strategy, intervention, activity, category, number of clients served, problems encountered, geographical area of coverage, list of paid personnel and volunteers, and a financial report verified by an independent auditor.
- An NGO operating in more than one region must apply for a license at the DSWD Field Office where its head office is located or where the bulk of its operation is conducted; other regions’ projects/services are validated via information and validation solicited from the Assistant Field Director of the region where the license was issued.
- An NGO establishing a separate office within the same region’s jurisdiction need not apply for a separate license if it operates community-based programs and services; it must apply for accreditation of its programs and services.
- If an NGO establishes two or more facilities serving different clientele categories in the same region, it must apply for a separate license for each facility.
Application documents and initial requirements
- The applicant must accomplish the prescribed form (Appendix 1) and submit it to the DSWD Field Office.
- The applicant must submit a certified true copy of the Certificate of Registration from the Securities and Exchange Commission, including approved Articles of Incorporation, Constitution, and By-Laws.
- The applicant must submit an agency manual using the outline developed by DSWD in consultation with the private sector (Appendix 2).
- The applicant must submit a certified list of members of its governing board certified by its Corporate Secretary using the form prescribed in Appendix 3.
- The applicant must submit a certified list of employees using the form prescribed in Appendix 4.
- If a board member or employee is not a Filipino citizen, the applicant must submit pertinent work-authorization documents enabling him to work in the Philippines from the Commission on Immigration and Deportation (CID) and from the Department of Labor and Employment (DOLE) whenever applicable.
- The applicant must submit a certification by the head of the applicant agency of paid employment of a registered social worker who carries out direct service and provides technical advice to management.
- The applicant must submit a two year work and financial plan covering the current year and the subsequent year indicating financial viability or stability for the period, including:
- Sources of funds and corresponding expected amounts from each source, local and foreign, in cash, in kind, or in services.
- Work plan and corresponding budget for administration and operations, including programs/projects, target number of beneficiaries, clientele categories, and other pertinent information.
- Resource generation strategy or system to ensure continuity of service.
Orientation, agency validation, and license issuance
- After review of submitted documents, when there is sufficient indication the applicant operates a social work/social welfare and development agency, the Assistant Field Director must acknowledge the application and require the NGO to attend an orientation/dialogue as a prerequisite to issuance of the license.
- The Assistant Field Director must organize a regular orientation/dialogue with applicants for licensing at least once a month or as indicated, to explain licensing requirements, programs and services, licensing policies and procedures, and benefits derived from licensing, among others.
- The Assistant Field Director must conduct agency visit(s) through the designated Field Office technical staff or social welfare specialist to validate data in the documents prior to recommending issuance of the license.
- The DSWD seal must be affixed to the license certificate.
- The license must be turned over to the NGO in the presence of the Secretary or the Secretary’s designated representative and the Field Director.
Non-compliance notice and technical assistance limits
- If an applicant fails to meet licensing requirements, the applicant must be notified within five working days, stating the areas of non-compliance.
- The DSWD must provide technical assistance for a maximum period of six (6) months through the Assistant Field Director or designated Field Office technical staff/social welfare specialist.
- If the NGO still fails to meet licensing requirements after the technical assistance period, the application must be disapproved.
- Disapproval must be accompanied by notification stating the reasons; all documents must be returned to the NGO without prejudice to future application.
Ongoing relationship, reporting, and change notices
- The Assistant Field Director must visit licensed NGOs regularly to ensure continuity of operations under the Agency Manual and proper implementation of policies and guidelines.
- The Assistant Field Director must submit to the Secretary through PALS regular reports on findings and actions taken and other relevant matters related to official visits within the Field Office’s jurisdiction.
- A licensed NGO must request technical assistance from DSWD whenever needed.
- A licensed NGO must submit an annual accomplishment report (Appendix 6) to the Secretary, DSWD, through the Field Office, with PALS furnished copy.
- A licensed NGO must inform DSWD in writing of changes in information such as change of name, address, head of agency, new offices or facilities, and other similar matters.
- Regular consultative meetings with all licensed NGOs must be undertaken at the regional and national level to discuss issues relative to goals/objectives/methodology and policy.
Expansion of coverage and programs
- A licensed NGO expanding operations to another region must not apply for a separate license to operate, provided that the child-caring or child-placing welfare agency’s license is not transferable and must be used only by the person or institution to which it was issued at the place stated therein.
- A licensed NGO expanding to another region must inform the Field Office in writing of the specific area(s) where it intends to expand operations.
- The mother age