Amended Guidelines on the Accreditation of Civil Society Organizations as Beneficiaries of DSWD Projects and/or Programs
The DSWD Memorandum Circular No. 017-17 outlines updated guidelines for the accreditation of Civil Society Organizations (CSOs) as beneficiaries of DSWD projects and programs in the Philippines. It emphasizes the importance of CSOs in supporting government initiatives for marginalized sectors and decentralizes the accreditation process to individual government agencies to enhance efficiency. The guidelines aim to streamline procedures while ensuring vigilance against potential misuse of public funds. Accreditation requirements are specified for both DSWD-organized and other CSOs, along with a clear process for application, evaluation, and potential revocation of accreditation. Overall, the guidelines seek to facilitate better collaboration between the DSWD and CSOs, ensuring effective delivery of social services to those in need.
December 18, 2017
DSWD MEMORANDUM CIRCULAR NO. 017-17
| SUBJECT | : | Amended Guidelines on the Accreditation of Civil Society Organizations as Beneficiaries of DSWD Projects and/or Programs |
I. RATIONALE
Civil Society Organizations (CSOs) supplement government efforts to uplift, empower, and protect the vulnerable, disadvantaged, and marginalized sectors of Philippine society. They provide valuable support to government initiatives in policy development, program implementation, and help improve the delivery of social services. Thus, our present Constitution's Declaration of Principles and State Policies under Article II, Section 23 provides that: "The State encourages the participation of non-government organizations, community organizations, and sectoral organizations that promote the welfare of the nation." CHTAIc
Republic Act No. 10121 or the Philippine Disaster Risk Reduction and Management Act of 2010 defines CSOs as "non-state actors whose aims are neither to generate profits nor to seek governing power. CSOs unite people to advance shared goals and interests. They have a presence in public life, expressing the interests and values of their members or others, and are based on ethical, cultural, scientific, religious or philanthropic considerations. CSOs include nongovernment organizations (NGOs), professional associations, foundations, independent research institutes, community-based organizations (CBOs), faith-based organizations, people's organizations, social movements, and labor unions."
Amidst the scandals of corruption using fictitious CSOs, Congress, in 2014, mandated the DSWD to lead the accreditation of all CSOs receiving public funds. However, two years into its implementation, several government agencies have recognized the centralized process to be inefficient as it produced the unintended effect of disregarding the authority, credibility and competence of other government agencies in accrediting the CSOs that they deal with. In addition, the uniform stringent requirements were seen to have disregarded the particularities of the programs and projects of various government agencies that these CSOs seek to implement. Hence, Republic Act No. 10924 or the General Appropriations Act of 2017 decentralized the CSO accreditation role and accountability to each government agency.
Meanwhile, GAA 2017 recognized that CSOs may either be Implementing or Beneficiary CSOs. As distinguished from Implementing CSOs, Beneficiary CSOs are those that are made up of individuals bound by common interest and/or are confronted by a calamity, social condition, problem, issue or crisis and who organized themselves mainly to benefit from government projects or programs that they themselves will undertake. It can be said, thus, that the creation of Beneficiary CSOs is a recognition of would-be beneficiaries' capacity to organize themselves, and in the process, assist the government in project or program implementation.
As CSOs are also entrusted with or have access to public funds, RA 10924 provides that a government agency may only transfer public funds to CSOs that have been accredited by the government agency from where funds are sought to be transferred.
Hence, the need to provide these updated Guidelines for the accreditation of DSWD Beneficiary CSOs pursuant to the provisions of RA 10924.
These guidelines aim to provide for simplified procedures for the accreditation of CSOs as beneficiaries of DSWD projects and/or programs or DSWD Beneficiary CSOs following the directive of the President to heads of agencies to streamline, simplify, and expedite action on government services and transactions by reducing requirements and processing time of all applications from submission to release or final action.
II. OBJECTIVES
1. To establish standard and simplified procedures for the accreditation of CSOs as Beneficiaries of DSWD projects and/or programs while maintaining vigilance over potential abuse or misuse of DSWD funds;
2. To make DSWD projects and/or programs more accessible to individuals who are bound by common interests and/or confronted by a calamity, social condition, problem, issue or crisis; and
3. To enhance and expand cooperation between the DSWD and Beneficiary CSOs for faster and more efficient delivery of DSWD projects and/or programs.
III. LEGAL BASIS
1. Article II, Section 23 of the Constitution, which states that, "The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation."
2. Sections 34 and 35 of RA 7160 (the Local Government Code), which mandates local government units to promote the establishment and operation of people's organizations and non-governmental organizations to become active partners in the pursuit of local autonomy especially in the delivery of certain basic services, capability-building and livelihood projects, and to develop local enterprises designed to improve productivity and income, diversify agriculture, spur rural industrialization, promote ecological balance, and enhance the economic and social well-being of the people.
3. Section 65 of RA 10924 (the General Appropriations Act for the Fiscal Year 2017) on Fund Transfers to CSOs, which also prescribes the minimum requirements for their accreditation.
4. Section 3 (c) of RA No. 10121 (the Philippine Disaster Risk Reduction and Management Act) on the definition of CSOs. EATCcI
IV. DEFINITION OF TERMS
As used in these Guidelines, the following terms are defined thus:
Beneficiary CSO — a group made up of organized individuals bound by common interests and/or are confronted by a calamity, social condition, problem, issue or crisis and who need government support through projects or programs which they can access after having gone through Social Preparation.
DSWD-Organized Beneficiary CSO — a group or association, composed of individuals identified by the DSWD as beneficiaries of the same DSWD project or program, formed through the initiative, or with the assistance, of the DSWD as part of the design and mandated processes of such DSWD project or program. This shall include, among others, Sustainable Livelihood Program Associations (SLPAs) under the DSWD Sustainable Livelihood Program, and Neighborhood Associations for Shelter Assistance (NASAs) under the DSWD Emergency Shelter Assistance Program.
CSO Applicant — a CSO applying with the DSWD to be accredited as a Beneficiary CSO.
Accreditation as a DSWD Beneficiary CSO — the process by which the DSWD officially recognizes a CSO as a DSWD-Accredited Beneficiary CSO.
Social Preparation — a process conducted jointly with, or under the supervision of, the DSWD for the purpose of preparing and fully capacitating Beneficiary CSOs to become responsible implementers of DSWD programs and projects prior to actual transfer of DSWD funds. It includes activities to [i] identify, analyze and prioritize needs, and identify solutions to address needs, [ii] prepare proposals, studies and technical designs and financial plans and reports, [iii] form committees or sub-groups and task these committees or groups, and [iv] build capacity and capability to undertake the project activities.
V. COVERAGE
These guidelines cover only the accreditation of Beneficiary CSOs.
The selection of CSOs, the actual transfer of funds, and the liquidation or audit of transferred funds are not covered by these Guidelines, and shall be covered by the appropriate program or project guidelines.
Pursuant to Section 65 of the 2017 GAA, to be eligible to receive public funds, a cooperative does not have to be accredited; however, it must submit the certificate of registration and the certificate of compliance issued by the CDA as well as proof that the requirements of the program or project office has been met.
VI. REQUIREMENTS FOR ACCREDITATION OF BENEFICIARY CSOS
A. Requirements for DSWD-Organized Beneficiary CSO Applicants
1. Certificate of Compliance issued by the regional head of the applicable DSWD program or project, e.g., ARDO or RPC. The content of the certification must attest that the applicant CSO has met all the requirements of the DSWD program or project and in accordance with the minimum accreditation requirements that are applicable under Rule 65 of the 2017 GAA.
B. Requirements for Other CSO Applicants
1. Duly accomplished and duly sworn Beneficiary CSO Accreditation Application Form
2. Proof of existence or presence of the CSO in its stated address and area of operation or organization, namely:
a. Pictures of office and direction sketch; and
b. At least one of the following documents:
- barangay certification
- certification or endorsement from at least two (2) publicly known individuals in the community
- other documents showing proof of existence
3. Proof of organization, namely:
a. organizational chart or governance structure; and
b. date of organization, list of officers and members with their complete names, dates of birth (if known and or registered),complete address, and contact numbers, if available.
4. If the CSO Applicant has received public funds prior to its application, a certificate of good standing from the government agency or agencies from which it has received such public funds, specifically stating that the CSO has liquidated, in accordance with COA regulations, all fund transfers due for liquidation; and
5. Proof of having undergone Social Preparation from the DSWD by the designated Regional Program/Project Officer of the DSWD Program or project where the CSO applicant is seeking funds.
VII. ACCREDITATION BODY AND ITS SECRETARIAT, THEIR FUNCTIONS AND RESPONSIBILITIES
A. Field Office Accreditation Committee and Secretariat
A.1. Field Office Accreditation Committee (FO-AC) — There is hereby created in every DSWD Field Office a Field Office Accreditation Committee (FO-AC).The FO-AC shall be composed of the Assistant Regional Director for Administration (ARDA) as Chairperson, the Institutional Development Division Chief as Vice-Chairperson, and three Regular Members and three Alternate Members, of not lower than a second level position with a regular status, to be designated by the Regional Director. DHITCc
The presence of at least three (3) members, as long as the Chairperson and/or the Vice-Chairperson is included, shall be sufficient to constitute a quorum for the FO-AC deliberation.
A.2. FO-AC Secretariat — The Standards Unit of every FO shall serve as the Secretariat of the FO-AC. If needed, additional Secretariat members may be designated by the Regional Director from other units/offices through Special Orders, provided that these additional members are properly oriented with the duties and responsibilities of the FO-AC Secretariat.
B. Functions and Responsibilities of the FO-AC and FO-AC Secretariat
B.1. The FO-AC shall:
a. Evaluate and deliberate upon the application, taking into consideration the report and recommendation submitted by the FO-AC Secretariat;
b. If necessary and reasonable, require the CSO Applicant to submit additional clarifications, information, and/or documents, and/or hold hearings to be attended by the CSO Applicant and appropriate resource persons;
c. Endorse the application to the Regional Director through a Committee Resolution recommending the approval or denial thereof;
d. Conduct hearings, deliberations, and render decisions on complaints against CSO Applicants and accredited Beneficiary CSOs (i.e.,derogatory reports, revocation petitions);and
e. Formulate internal rules relative to the conduct of its official business.
B.2. The FO-AC Secretariat shall:
a. Receive applications;
b. Provide technical assistance to interested CSOs on the interpretation of these Guidelines, fulfillment of the requirements, and other concerns relative to the accreditation application process;
c. Conduct initial desk review of the application documents;
d. Post notices to the public regarding pending applications for accreditation;
e. Receive derogatory reports and submit it to FO AC for deliberation;
f. Conduct validations, ocular inspections, and spot checks;
g. Conduct final assessments and examinations of application documents prior to endorsement to the FO-AC;
h. Prepare Abstract Reports containing its findings and assessment;
i. Prepare the needed resolution of the Accreditation Committee stating the AC recommendations for the application of CSO applicants for final approval of the Regional Director;
j. Maintain and keep records of CSO Applicants and DSWD-Accredited Beneficiary CSOs;
k. Develop, maintain, and update a database of CSO Applicants and DSWD-Accredited Beneficiary CSOs;
l. Submit reports to the Standards Bureau at the DSWD Central Office on a quarterly basis;and
m. Perform other related tasks that may be assigned by the FO-AC or the Regional Director.
VIII. ACCREDITATION PROCESS
A. For DSWD-Organized Beneficiary CSO Applicants
A DSWD-Organized CSO Applicant shall submit the Certificate of Compliance to the FO-AC Secretariat. The FO-AC Secretariat shall then endorse the Certificate of Compliance to the FO AC who will then endorse such to the Regional Director. On the basis of the Certificate of Compliance with supporting documents, the Regional Director shall issue the Certificate of Accreditation for the CSO Applicant.
B. For Non-DSWD Organized CSO Applicants
B.1 Overview of Process Flow
|
|
STAGE |
TARGET PERIOD (working days) |
|
1 |
Filing and receiving of Application |
1 day |
|
2 |
Desk review of documentary requirements |
1 to 2 days |
|
3 |
Posting of Notice and Validation |
|
|
3.a |
Posting of Notice to the Public regarding pending application; Invitation to Submit Derogatory Records |
|
|
3.b |
Validation and ocular inspection |
5 to 7 days |
|
4 |
Assessment and examination of complete documents and validation report |
3 days |
|
5 |
Evaluation and deliberation |
5 days |
|
6 |
Final action |
2 days |
The set timeline for each step is already the maximum number of days set for the process.
B.2 Filing of Application
All applications shall be filed with the Standards Unit of the DSWD FO where the CSO Applicant is located and/or operating. Submissions may be made in person or by mail.
B.3 Desk Review of Documentary Requirements
Upon receipt of the application, the FO-AC Secretariat shall conduct desk review to examine the authenticity of submitted documents and determine if these are complete in form and in substance.
If the application documents are found to be incomplete, the CSO Applicant shall be immediately informed of the defect or deficiency in its documents. The FO-AC Secretariat shall, if necessary, provide advice and/or extend technical assistance to help the CSO Applicant fulfill the requirements. cEaSHC
If an irregularity, falsehood, fabrication, or forgery is noted or found in the documents, the CSO Applicant shall be required to explain the same not later than three (3) working days from receipt of notice issued by the Regional Director. Failure to provide satisfactory explanation shall be sufficient ground for the immediate denial of the application, without prejudice to subsequent administrative actions, including blacklisting or filing of a complaint to proper authorities.
If the application documents are complete, the FO-AC Secretariat shall proceed with posting notices and conducting validation and ocular inspection.
B.4 Posting of Notice and Invitation to Submit Derogatory Records
Notice of the application shall be posted in a publicly conspicuous place within the DSWD FO compound, the DSWD FO Website, and the DSWD Website, for a period of five (5) consecutive days, with invitation to interested parties to submit sworn reports of any derogatory record involving the CSO Applicant or any of its officers ("Derogatory Report").
If a Derogatory Report is received, the FO-AC Secretariat shall notify the CSO Applicant within three (3) working days from receipt thereof and require the CSO Applicant to submit an explanation or comment not later than five (5) working days from notice. The Derogatory Report and the CSO Applicant's written explanation shall form part of the application documents.
The FO-AC Secretariat may receive Derogatory Reports against a CSO Applicant at any stage of the application process, and any such Derogatory Report received shall immediately be included in the documents of the CSO Applicant for consideration.
B.5 Validation and Ocular Inspection
The FO-AC Secretariat shall conduct validation and ocular inspection to verify the existence and/or operation of the Beneficiary CSO Applicant and validate the information in the application documents. The FO-AC Secretariat shall complete the entire process of validation and ocular inspection, inclusive of report writing, within five (5) working days.
B.6 Assessment, Examination and Endorsement of Application
The FO-AC Secretariat shall then complete its final assessment and examination of the application, and prepare an Abstract Report containing the FO-AC Secretariat's findings and assessment, within three (3) working days. The FO-AC Secretariat shall then endorse the application, together with the Abstract Report, to the FO-AC for deliberation.
B.7 Evaluation and Deliberation
Upon receipt of the endorsement with Abstract Report and all documents from the FO-AC Secretariat, the FO-AC shall then convene to deliberate the application or set of applications.
The FO-AC may hold hearings, and/or require the CSO Applicant to submit additional clarifications, information, and/or documents, as the FO-AC may deem necessary and reasonable.
The FO-AC shall, by at least majority vote, recommend to the Regional Director the grant or denial of the application, or blacklisting of the CSO, as the case may be.
B.8 Final Action and Notification of Applicant
The Regional Director shall act on the recommendation of the FO-AC and take final action on the application.
If the Beneficiary CSO Applicant satisfied all the requirements and is proven to be legitimate after validation, the Regional Director shall grant the application and issue a Certificate of Accreditation as Beneficiary CSO. If the CSO Applicant failed to satisfy the requirements or was found to be fraudulent, the Regional Director shall deny the application, indicating the ground/s for denial.
Should the Regional Director reject the FO-AC recommendation, the Regional director shall explain such decision in writing.
The FO-AC Secretariat shall officially inform the CSO Applicant of the final action or decision of the Regional Director. CTIEac
IX. APPEALS
If the application is denied, the CSO Applicant may appeal the denial before the DSWD Secretary within fifteen (15) calendar days from receipt of the notice of denial by filing a memorandum of appeal stating the grounds of its appeal, copy furnished the DSWD Regional Director. Upon receipt of the notice of appeal, the FO shall immediately forward to the Office of the Secretary the complete records of the application with certification as to their completeness.
The Secretary shall decide the appeal within fifteen (15) days from receipt of the complete records with certification from the FO.
X. VALIDITY OF THE CERTIFICATE OF ACCREDITATION
The Certificate of Beneficiary CSO Accreditation shall be valid for a period of three (3) years from date of issuance unless sooner revoked.
XI. RENEWAL OF ACCREDITATION
A DSWD-Accredited Beneficiary CSO may apply for renewal of its Certificate of Accreditation with the FO-AC Secretariat within sixty (60) working days prior to the expiration of its certificate. Upon receipt of such application, the FO-AC Secretariat shall then proceed to process the application.
XII. INFORMATION, EDUCATION AND COMMUNICATION MATERIALS
To ensure better appreciation and clear understanding by the prospective CSO Applicants, the corresponding orientation materials, FAQs, application forms and other templates shall be translated into the Filipino language.
XIII. REVOCATION OF ACCREDITATION
A. Grounds for Revocation
The Certificate of Accreditation of a Beneficiary CSO may be revoked on any of the following grounds:
1. Misrepresentation in, or falsification of, any document submitted in support of the application for accreditation.
2. Failure by the Beneficiary CSO, during the validity period of the Certificate of Accreditation, to comply with the terms of reference stated on an agreement with DSWD involving the transfer of its funds, including default or delay in liquidating of the said DSWD funds.
3. Violation by the Beneficiary CSO, during the validity period of the Certificate of Accreditation, of any law, rule, or regulation involving the utilization of DSWD funds.
B. Revocation Proceedings
1. Initiation.— Revocation proceedings shall be initiated when the concerned Accreditation Committee discovers, or receives an Official Report or Sworn Complaint from any individual or organization asserting, any of the above grounds.
2. Explanation.— Within five (5) working days from the receipt of the Official Report or Sworn Complaint, the concerned Accreditation Committee shall send a Notice to the concerned Beneficiary CSO, stating the ground/s for the revocation and directing the concerned Beneficiary CSO to submit a Sworn Explanation within three (3) working days from the receipt of the Notice.
3. Hearing.— Within five (5) working days from receipt of the Sworn Explanation, the concerned Accreditation Committee shall hold a Hearing inviting thereto the following:
a. The author of the Official Report or of the Sworn Complaint if the revocation proceedings were initiated thereby, or a representative of the DSWD Legal Service, if the revocation proceedings were initiated by the discovery of the concerned Accreditation Committee — to present the evidence and arguments in favor of revocation;
b. The concerned Beneficiary CSO — to present the evidence and arguments against revocation of its accreditation;
c. Any other resource persons as may be deemed necessary — to provide additional information relevant to the matter; and
d. If the Beneficiary CSO belongs to an umbrella group, a representative from such umbrella group — to act as an observer.
4. Recommendation.— Within five (5) working days from the Hearing, or from determination that a Hearing is not necessary, or from expiration of the period to file the Sworn Explanation if no such Sworn Explanation was filed, the concerned Accreditation Committee shall transmit its findings and recommendation to the concerned Regional Director.
5. Resolution.— Within three (3) working days from receipt of the recommendation of the concerned Accreditation Committee, the Regional Director shall issue a Resolution to either:
a. Dismiss the complaint against Beneficiary CSO if there is no ground for revocation; SaCIDT
b. Revoke the Certificate of Accreditation of the Beneficiary CSO, if there is ground for revocation;
The Resolution shall be final and executory upon receipt by the Beneficiary CSO.
6. Notice.— In the case of the revocation of the Certificate of Accreditation, the concerned Accreditation Committee shall give notice of such revocation to the Standards Bureau, within five (5) working days from the issuance of the Resolution by the concerned Regional Director. The Standards Bureau shall then issue a memorandum to all DSWD Offices of the revocation of the Certificate of Accreditation.
XIV. DISQUALIFICATION AND BLACKLISTING
1. A Beneficiary CSO whose Certificate of Accreditation is revoked for the first time shall be disqualified from applying for accreditation for a period of one (1) year from the date of revocation.
2. If the ground for revocation is misrepresentation, falsification, or violation of law, rules and regulations involving the utilization of DSWD funds, the Beneficiary CSO shall be blacklisted and perpetually disqualified from applying for accreditation.
3. A Beneficiary CSO whose Certificate of Accreditation is revoked for the second time shall be blacklisted and perpetually disqualified from applying for accreditation.
4. If an official or key personnel of a CSO Applicant was previously involved with another CSO whose Certificate of Accreditation was revoked, and said official or key personnel was personally involved in the cause for the revocation, the same shall be a ground for denying the application of the CSO Applicant.
5. The foregoing provisions shall be without prejudice to any other legal action that may be taken against the Beneficiary CSO, and/or any or all of its organizers, officers, or members.
XV. COMPLIANCE MONITORING
The Standards Bureau shall ensure compliance with these guidelines by institutionalizing its monitoring system for the said purpose.
XVI. EFFECTIVITY AND TRANSITORY PROVISIONS
These Guidelines shall take effect fifteen (15) days after publication on the official DSWD website. It shall supersede all existing guidelines on accreditation of Beneficiary CSOs.
The Central Office Accreditation Committee (CO-AC) shall have the authority and discretion to prescribe and revise forms for the implementation of these Guidelines, or authorize the acceptance of other substitute documents that will serve the same purpose, as long as such are consistent with these Guidelines.
December 18, 2017, Quezon City, Philippines.
(SGD.) EMMANUEL A. LEYCO
Secretary
ATTACHMENTS
DSWD-SB-CSOA-001A. APPLICATION FORM (Beneficiary CSO)
Application Form for the Accreditation of Civil Society Organization (CSO) as a Beneficiary of DSWD
DSWD-BCSOA-001C (Roster/List of Members) Beneficiary CSO
Roster/List of Officers and Members
DSWD-BCSOA-003 CERTIFICATION ON SOCIAL PREPARATION (Beneficiary CSO)
(Letterhead of DSWD)
CERTIFICATE OF SOCIAL PREPARATION
This is to certify that the (complete name of Beneficiary CSO) has undergone the necessary social preparation involving all or any of the activities, as applicable, for the purpose of preparing them as responsible beneficiaries of DSWD under the (name of DSWD program or project):
a) Identify, analyze, and prioritize needs, solutions, and alternatives to address or alleviate their shared social problems/issues;
b) Prepare relevant and responsive proposals, studies, and technical designs and financial plans; cHECAS
c) Effectively and efficiently establish committees and task groups; and
d) Build capacity and capability to organize and mobilize members to undertake and sustain the project or program engaged with
Issued this _______ day of (month),(year).
____________________________________________________________________
DSWD-BCSOA-002 (CGS)
Certificate of Good Standing(For CSO who was a beneficiary of projects/programs with DSWD)
DSWD-SB-CSOA-004 (PROJECTS OR PROGRAMS)/Beneficiary CSO
List of On-Going and Completed Projects and Programs
ThisCERTIFICATE OF COMPLIANCEis awarded toName of SLP Association (SLPA)
for having complied the selection process of the Sustainable Livelihood Program (SLP) thereby granting the above-cited SLPA eligibility to receive grants from SLP and implement its proposed livelihood project entitled
_______________________________________________________________.
Certifying further that:
1. The selection process undertaken was compliant as stipulated in Sec. 65 of the 2017 General Appropriations Act (GAA) pertaining to provision of grants to program beneficiaries;
2. The following participants are eligible members of the above-cited SLPA and have undergone/participated/attended the different activities of the pre-implementation, social preparation, project proposal development, review and approval stages of SLP implementation; and
|
|
Name of Participant |
Position in the SLPA |
|
1. |
|
|
|
2. |
|
|
|
3. |
|
|
|
4. |
|
|
|
5. |
|
|
3. The following requirements were complied with to support the compliance of the SLPA on SLP implementation process and to Rule 65 of the 2017 GAA as attached hereto:
a. Ratified Constitution and By-Laws by all of the SLPA members
b. Mungkahing Proyekto of the SLPA that passed the assessment of the DSWD-SLP Regional Reviewing Committee
c. Certificate of Social Preparation
d. Proof of existence of the SLPA
With the above premises, this Certificate of Compliance is hereby issued to _____________________ this ________ day of _________________, 20______ at _________________________.
__________________________________
Assistant Regional Director for Operations
|
Confirmation as to the selection process undertaken during the pre-implementation, social preparation and project proposal development. |
_____________________ |
Date: _____________ |
|
Concurrence on the compliance of the SLPA on the selection process of SLP. |
_________________________ |
Date: _____________ |