16TH CONGRESS

JUL
10
2013

SBN-722: Social Welfare and Development Agencies (SWDAs) Act of 2013

An Act Establishing a Comprehensive System for Registration and Licensing of Social Welfare and Development Agencies and Accreditation of Social Welfare and Development Programs and Services, And Appropriating Funds Therefor

  • Seeks to enforce the regulatory functions of the Department of Social Welfare and Development (DSWD) over the public and private individuals, agencies and organizations engaged in social welfare and development activities
  • Mandates that all Social Welfare and Development Agencies (SWDAs) shall be registered, licensed and accredited by the DSWD
    • SWDA refers to a corporation, organization, or association engaged in providing directly or indirectly social welfare and development programs and services and obtains its finances either totally or in part, foreign or local, from any government agency or instrumentality or from the community by direct or indirect solicitations and other fund-generating activities as authorized by law.
    • Intermediaries may be deputized by the DSWD to conduct assessment of SWDAs for purposes of registration, licensing and accreditation
  • Mandates all SWDAs to utilize at least 80% of its funds for direct social welfare and development programs and services while not more than 20% of its funds shall be expended for administrative expenses
  • Mandates all SWDAs to submit to the DSWD their annual accomplishment and financial reports duly audited by an external certified public accountant or a representative from the COA, except for SWDAs with income not exceeding P500,000.00 which shall be audited by its internal auditor
  • Provides benefits to registered, licensed and accredited SWDAs, such as:
    • Inclusion in the Directory of Registered, Licensed and Accredited SWDAs
    • Technical assistance in the areas of capability building, packaging of project proposal, provision of program materials and skills enhancement to strengthen program and service implementation
    • Endorsement to government agencies/assistance for consular services (i.e. visa application)
    • Endorsement to DOF for duty free importation of foreign donations subject to compliance with set requirements
    • Resource augmentation for program implementation
    • Endorsement to utility service providers for at least 50% discount on the cost of electricity, water consumption and telephone service
    • Endorsement to concerned government agencies for at least 50% discount for the processing of documents of intended beneficiaries (i.e. birth registration, passport, safety certificates) of residential care and community-based SWDAs
    • Assistance in establishing linkages with local, national and international organizations and networks
    • Nomination of board members, employees, or volunteer workers to participate in local or foreign training or conferences
  • Mandates the DSWD to monitor and evaluate all SWDAs every 6 months to 1 year to ensure that their social welfare and development activities are implemented as planned
  • Provides a mechanism for sanctions in case of non-compliance with standards and procedures set by the DSWD and the provisions of this bill including its implementing rules and regulations (IRR).Penalties can either be in the form of the following:
    • Suspension of license
    • Revocation of license
    • Fine of not less than P500,000.00 and/or imprisonment from 1-3 years at the discretion of the court
  • Mandates the DSWD to accept, investigate and perform preliminary proceedings for the eventual resolution of complaints filed against any SWDA
  • There will be a transition period of 1 year for the implementation of this Act
  • Funds needed for the implementation of this Act shall be charged against the current year’s appropriation of the DSWD while subsequent funding requirements shall be included in the GAA

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