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
Section 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
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