PHILIPPINE LAWS, STATUTES AND CODES - CHAN ROBLES VIRTUAL LAW LIBRARY
REPUBLIC ACT NO. 5416 - AN ACT PROVIDING FOR COMPREHENSIVE SOCIAL SERVICES FOR INDIVIDUALS AND GROUPS IN NEED OF ASSISTANCE, CREATING FOR THIS PURPOSE A DEPARTMENT OF SOCIAL WELFARE
1. Short Title. – This Act shall be known as the
Social Welfare Act of 1968.
Sec. 2. Declaration of Policy. – It is hereby declared that it is the responsibility of the Government to provide a comprehensive program of social welfare services designed to ameliorate the living conditions of distressed Filipinos particularly those who are handicapped by reason of poverty, youth, physical and mental disability, illness and old age or who are victims of natural calamities including assistance to members of the cultural minorities to facilitate their integration into the body politic.
Sec. 3. The Department of Social Welfare; its powers and duties. – There is hereby created a Department of Social Welfare, hereafter referred to as the Department, which shall develop and implement a comprehensive social welfare program consisting of (1) preventive and remedial programs and services for individuals, families and communities; (2) protective, remedial and developmental welfare services for children and youth; (3) vocational rehabilitation and related services for the physically handicapped, ex-convict and individuals with special needs; and (4) training and research and special projects.
The Department shall have the following powers and duties, among others:
1. To develop, administer and implement such social service programs as may be needed to accomplish the objectives of this Act;
2. To set standards and policies to insure effective implementation of public and private social welfare programs;
3. To undertake research programs and studies on matters pertaining to family life, the welfare needs of children and youth, the aged, the disabled and other individuals, or groups with special needs;
4. To initiate and administer pilot social welfare projects designed to suit local settings, problems and situations for possible implementation on a nation-wide basis;
5. To credit institutions and organizations, public and private, engaged in social welfare activity including the licensing of child caring and child placement institutions and provide consultative services thereto;
6. To license and regulate public solicitations and fund drives for charitable or civic purposes;
7. To provide consultative services and develop training programs for personnel, students and third country participation;
8. To insure proper dissemination of information relative to social welfare programs and activities; to publish and issue technical bulletins on social welfare programs;
9. To establish such regional, provincial, city and municipal branches and field offices of the Department whenever and wherever it may be expedient or necessary, and to supervise such branches;
10. To coordinate government and voluntary efforts in social welfare work to avoid duplication, friction and overlapping of responsibility in social services;
11. To establish, administer and maintain such facilities as child caring institutions and others, wherever and whenever it may be deemed necessary to carry out the objectives of this Act; and
12. To establish such rules and regulations as may be necessary to carry out the provisions of this Act.
Sec. 4. The Secretary and the Undersecretaries; their qualifications and compensation. – The Department shall be under the executive authority of a Secretary who shall be assisted by an Undersecretary for Program and an Undersecretary for Operation and Administration.
The Secretary and the two undersecretaries shall be appointed by the President of the Philippines with the consent of the Commission on Appointments.
The Secretary must have shown a demonstrated interest in social welfare and possess a working knowledge of public administration.
No person shall be appointed Undersecretary for Program unless he is a holder of a master's degree in social work, is duly registered to practice social work, and has at least seven years experience in the administration of social service programs, preferably in a public agency.
No person shall be appointed Undersecretary for Operation and Administration unless he possesses a working knowledge of public administration or social work and has at least seven years experience in administration of social welfare programs: Provided, That these requirements shall not be applicable to persons holding the position or detailed to discharge the duties of Deputy Administrator at the time of the enactment of this Act.
The Secretary and the Undersecretaries shall each receive an annual compensation at the rate fixed by law for department secretaries and undersecretaries.
Sec. 5. Functions of the Undersecretaries. – The Undersecretary for Program shall have the following functions, among others:
(a) To formulate the program of services of the Department on the basis of priority of needs and the availability of resources to service these needs;
(b) To recommend to the Secretary such measures relating to social welfare programs as may be necessary to carry out the policy declared in Section two hereof;
(c) To draw up program standards and procedures;
(d) To direct and supervise technical operations of the different bureaus of the department; and
(e) To perform such related duties as may be delegated by the Secretary;
The Undersecretary for Operation and Administration shall have the following functions, among others:
(a) To recommend to the Secretary matters relating to operations and administration;
(b) To formulate administrative standards and procedures in implementing programs;
(c) To provide consultative and technical services in administrative and legal matters;
(d) To implement programs, special projects and services in the field, staff development and training programs, conduct research, undertake the publication of researches, interpretative and teaching materials and other social work literature and provide public information regarding activities of the Department; and
(e) To perform such related duties as may be delegated by the Secretary.
Sec. 6. Bureaus under the Department. – The Department shall have executive control and administrative supervision over the Bureau of Family Welfare, Bureau of Child and Youth Welfare, Bureau of Vocational Rehabilitation, Bureau of Field Services and Bureau of Training, Research and Special Projects.
Sec. 7. Functions of the different bureaus. – (a) Bureau of Family Welfare. – The Bureau of Family Welfare shall have, among others, the following functions:
To formulate, administer, develop and implement social welfare services which will promote the social adjustment of families, prevent family disorganization, develop social consciousness and civic responsibility. Such services shall include among others family life, education programs, establishment of family welfare centers and extension youth centers, of groups for self-help, groupwork and street-corner gang work with out-of-school youth, pre-vocational and work training, income-producing projects and employment referral services for handicapped adults and youth, programs for pre-school children of working mothers.
To formulate, administer, develop and implement family welfare programs to meet such problems of individuals and families arising from the lack or loss of income or disturbances in family relationship; and to perform such other functions as the Secretary may direct: Provided, That such functions shall not duplicate those presently performed by other departments or other government agencies or instrumentalities.
(b) Bureau of Child and Youth Welfare. – The Bureau of Child and Youth Welfare shall have, among others, the following functions:
To formulate, administer, develop and implement programs for the care, protection, training and rehabilitation of children and youth such as the abused, abandoned, neglected, handicapped and delinquent with emphasis on their preparation for participation in economically productive activities, initiate demonstration and experimental projects and administer them for the exploration of improved techniques of social work with the young adapted to local problems, situations, and culture; and to perform such other related functions as the Secretary may direct.
(c) Bureau of Vocational Rehabilitation. – The Bureau of Vocational Rehabilitation shall have, among others, the following functions:
To formulate, administer, develop and implement programs of vocational rehabilitation and related services to disabled and physically handicapped persons and individuals with special need, and services including among others social adjustment services, medical services, pre-vocational assessment and guidance services; vocational training, selective placement and employment exchange services and sheltered workshop operations with adequate revolving funds; administer national program of vocational rehabilitation centers and facilities to meet the needs of disabled and physically handicapped persons and individuals with special needs including negative Hansenites, released prisoners, alcoholics and drug addicts; initiate and develop vocational rehabilitation programs in rehabilitation training centers; and to perform such other related functions as the Secretary may direct: Provided, That vocational rehabilitation sheltered workshop shall be established in each congressional district, the location of which shall be chosen by the Secretary of Social Welfare, upon recommendation of the Director of Vocational Rehabilitation.
(d) Bureau of Field Services. – The Bureau of Field Services shall have, among others, the following functions:
To administer, operate, direct, supervise, and coordinate all welfare functions of the regional offices subject to direct authority from the Undersecretary for Operation and Administration; execute and implement approved policies, regulations, and work plans and render administrative decisions on these matters within limits of delegated authority; and maintain cooperative and harmonious relationship with other entities and agencies, public and private, local, national or international, in the promotion of economic and social development and welfare of the nation.
There shall be regional offices which shall carry out the functions thru the provincial, city and municipal branch offices all to be located in the same provinces, cities or municipalities as presently fixed by law for similar offices under the Social Welfare Administration.
(e) Bureau of Training, Research and Special Projects. – The Bureau of Training, Research and Special Projects shall have, among others, the following functions:
To formulate, develop and implement programs or research, training and special projects; and to perform such other functions as the Secretary may direct. The special projects will include the Central Institute for Training and Relocation of Urban Squatters (CITRUS); disaster and emergency relief services and such other new program which may be developed and assigned to it by Congress.
Sec. 8. Abolition of the Social Welfare Administration. – The Social Welfare Administration is hereby abolished, and the personnel, records, documents, supplies, equipment, priorities and existing balance of appropriations thereof are hereby transferred to the Department of Social Welfare: Provided, That no official or employee, who has satisfactorily served the Administration shall suffer a loss of employment or a reduction of salary or rank as a consequence of the abolition: And provided, finally, That nothing in this provision shall be construed in any way to amend, repeal, alter, or modify the provision of Republic Acts Numbered Forty-three hundred and seventy-three and Fifty-one hundred seventy-five.
Sec. 9. Authority to receive grants and make direct purchase. – The Department is hereby authorized to receive grants, bequests, donations and trust funds made or given for the purpose of promoting or assisting social welfare services. Such grants, bequests and donations so received shall be exempted from taxes.
Any provision of law to the contrary notwithstanding but limited to the maximum prices paid by the Bureau of Supply Coordination and subject to the usual auditing and accounting rules and regulations, the Department of Social Welfare is hereby authorized to procure directly such equipment, materials and supplies needed in the implementation of all of the welfare programs pertinent and related thereto.
SECTION 10. Settlement and Revolving Fund. – The Department of Social Welfare is hereby authorized to establish a Settlement and Revolving Fund. All income accruing from such projects shall form part of said revolving fund, and that such shall be used exclusively for projects of bureaus concerned.
SECTION 11. Appropriation. – There is hereby appropriated out of any funds in the National Treasury not otherwise appropriated, the sum of three million pesos in addition to the present appropriation of the Social Welfare Administration, to carry out the purpose of this Act: Provided, That the sum should be utilized for programs and services according to need: Provided, finally, That not more than fifteen per cent shall be used for personnel services.
SECTION 12. Repealing Clause. – All laws, executive orders, administrative rules and regulations which are contrary or inconsistent with this Act are hereby repealed or modified accordingly.
SECTION 13. Separability Clause. – If for any reason any section or provision of this Act shall be held to be unconstitutional or invalid, no other section or provision of this Act shall be affected thereby.
SECTION 14. Effectivity. – This Act shall take effect upon its approval.
Approved: June 15, 1968