E.O. No. 671 Re: Government Agencies to Certify and Accredit Charitable Organizations as Donee-Institutions

November 20, 2007 BLGF MEMORANDUM CIRCULAR NO. 023-07 TO : All BLGF Officials and Employees, Regional Directors for Local Government Finance, District Treasurers of Metropolitan Manila; Provincial, City and Municipal Treasurers and Others Concerned SUBJECT : Executive Order No. 671 entitled "Designating Appropriate Government Agencies to be the Accrediting Entities that will Certify and Accredit Charitable Organizations as Donee-Institutions Relative to the Deductibility of Contributions or Gifts Received by them, in Relation to Section 34 of the Tax Reform Act of 1997" In order to strengthen the regulatory functions of government agencies over non-stock non-profit corporations, associations and non-government organizations which fall under its respective mandate and in order to rationalize fiscal incentives given to individuals, corporations and organizations as part of the government's fiscal reform, Executive Order No. 671 was promulgated on October 22, 2007, designating the following Departments as Accrediting Entities to determine the qualification of non-stock, non-profit corporations, non-governmental organizations, associations, and foundations for accreditation as qualified donee-institutions to wit: SETaHC a) Department of Social Welfare and Development for charitable and/or social welfare organizations, foundations and associations including but not limited to those engaged in youth, child, women, family, disabled persons, older persons welfare and development. b) Department of Science and Technology for organizations, associations and foundation primarily engaged in research and other Scientific activities. c) Philippine Sports Commission for organizations, foundations and associations primarily engaged in sports development. d) National Council for Culture and Arts for organizations, foundations and associations primarily engaged in cultural activities. e) Commission on Higher Education for organizations, foundations and association primarily engaged in educational activities. For the purpose, the Accrediting Entities shall comply with the standards and guidelines set by the Department of Finance relative to accreditation of non-stock, non-profit corporations or non-government organizations, as provided for in Revenue Regulations No. 13-98. Attached is a copy of Executive Order No. 671 for the information and guidance of all concerned. The Regional Directors of this Bureau are hereby instructed to disseminate the contents of this Circular to all Provincial, City and Municipal Treasurers within their respective jurisdictions. cCESaH (SGD.) MA. PRESENTACION R. MONTESA Executive Director ATTACHMENT October 22, 2007 EXECUTIVE ORDER NO. 671 DESIGNATING APPROPRIATE GOVERNMENT AGENCIES TO BE THE ACCREDITING ENTITIES THAT WILL CERTIFY AND ACCREDIT CHARITABLE ORGANIZATIONS AS DONEE-INSTITUTIONS RELATIVE TO THE DEDUCTIBILITY OF CONTRIBUTIONS OR GIFTS RECEIVED BY THEM, IN RELATION TO SECTION 34 OF THE TAX REFORM ACT OF 1997 WHEREAS, there is a need to strengthen the regulatory functions of government agencies over non-stock, non-profit corporations, associations and non-government organizations which fall under its respective mandate; ADSTCa WHEREAS, there is a need to rationalize fiscal incentives given to individuals, corporations and organizations as part of the government's fiscal reform; WHEREAS, Section 34 (H) of the Tax Reform Act of 1997 provides for the deductibility of contributions or gifts made to donee institutions; WHEREAS, the Secretary of Finance is required to promulgate and publish the necessary Rules and Regulations for the effective implementation of the Act; WHEREAS, on December 8, 1998, the Department of Finance promulgated Revenue Regulation 13-98 implementing Section 34 (H) of the Act; WHEREAS, the Department of Finance entered into a Memorandum of Agreement designating the Philippine Council for NGO Certification, Inc., a non-stock, non-profit corporation as Accrediting Entity for donee institutions; WHEREAS, the designation of function to Philippine Council for NGO Certification (PCNC), which is a private body, may amount to an undue delegation of power; WHEREAS, the President shall have control over all executive departments, bureaus and offices and shall ensure that the laws be faithfully executed; aCcEHS NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and direct the following: SEC. 1. Accrediting Entity. The following Departments are hereby designated Accrediting Entities to determine the qualification of non-stock, non-profit corporations, non-governmental organizations, associations, and foundations for accreditation as qualified donee-institutions, to wit: a. Department of Social Welfare and Development for charitable and/or social welfare organizations, foundations and associations including but not limited to those engaged in youth, child, women, family, disabled persons, older persons welfare and development; b. Department of Science and Technology for organizations, associations and foundation primarily engaged in research and other Scientific activities; c. Philippine Sports Commission for organizations, foundations and associations primarily engaged in sports development; d. National Council for Culture and Arts for organizations, foundations and associations primarily engaged in cultural activities; e. Commission on Higher Education for organizations, foundations and association primarily engaged in education activities. HICSTa SEC. 2. The Accrediting Entities shall comply with the Standards and Guidelines set by the Department of Finance relative to accreditation of non-stock, non-profit corporations/NGOs as provided for in Revenue Regulation No. 13-98. SEC. 3. Repeal. All executive and administrative issuances inconsistent with the provisions of the Order are hereby deemed repealed, amended or modified accordingly. SEC. 4. Separability. If any portion of this Order is declared unconstitutional, the other provisions of this Order shall not be affected by this Order. SEC. 5. Effectivity. This order shall take effect after fifteen (15) days from publication in a newspaper of general circulation. DONE in the City of Manila, this 22nd day of October in the Year of Our Lord, Two Thousand and Seven. Published in The Manila Times on October 31, 2007.