Guidelines in the Processing of Regional and National Public Solicitation Permits

May 31, 2021

DSWD MEMORANDUM CIRCULAR NO. 05, S. 2021

 

I. RATIONALE

Presidential Decree No. 1564, series of 1978, also known as the Solicitation Permit Law mandated the Department of Social Services and Development, now Department of Social Welfare and Development (DSWD) to issue solicitation permit to any person, corporation, organization or association desiring to solicit or receive contributions for charitable or public welfare purposes at the Regional Offices. This mandate has expanded to national scope with the issuance of Executive Order No. 24, series of 2001 entitled "Delegating to the Department of Social Welfare and Development the Authority to Grant Authorization for the Conduct of National Fund Raising Campaign." It mandated the Secretary of the DSWD with the final authority to approve or disapprove requests for the conduct of national fund raising campaigns. HTcADC

To operationalize the above stated mandate, the Department issued the necessary guidelines in the regulation of public solicitations and issuance of solicitation permits, the latest of which is Memorandum Circular No. 17, series of 2014 entitled "Revised Omnibus Rules and Regulations on Public Solicitation."

However, numerous provisions on the said guidelines are no longer applicable today. Such as, in this time of national emergency where new normal and liberal use of digital platforms in the solicitation activities of persons, groups, corporations, organizations, associations, government agencies and other entities have emerged. These compel the Department to conduct immediate updating of the guidelines where important practical provisions including online and digital platforms have been integrated in the regulation of public solicitations, issuance of solicitation permits and monitoring of solicitation activities. Hence, the issuance of this Memorandum Circular entitled "Guidelines in the Processing of Regional and National Public Solicitation Permits."

II. OBJECTIVE

This guidelines aims to provide simplified, updated and strengthened policies in the regulation and issuance of solicitation permit, and monitoring of solicitation activities. It also aims to:

1. Promote transparency and accountability in the conduct of public solicitation by any person, groups, corporation, organization and association for charitable or public welfare purposes.

2. Ensure efficient facilitation of solicited funds to its beneficiaries.

3. Ensure compliance of any person, corporation, organization or association issued with solicitation permit to regulatory and post-facilitation requirements.

4. Provide for practical provisions in regulation and issuance of solicitation permit using the internet or digital/social media platforms.

5. Provide for the necessary applicable provisions on the regulation and issuance of temporary solicitation permits during state of emergency/calamity as declared by proper authorities or authorized government agency.

6. Provide for important innovations including online monitoring of solicitation activities.

7. Provide procedures in implementing sanctions and/or penalties for violation/s of the law and the provisions of this guideline.

III. LEGAL BASES

The following legal bases shall be adopted in this guideline:

1. Presidential Decree No. 1564, also known as the Solicitation Permit Law mandated the Department of Social Services and Development, now Department of Social Welfare and Development (DSWD), to issue or disapproved application for solicitation permit(s), by the Regional Office of the Department, to any person, corporation, organization, or association desiring to solicit or receive contributions for charitable or public welfare purposes.

2. Executive Order No. 24, series of 2001 (Delegating to DSWD the Authority to Grant Authorization for the Conduct of National Fund Raising Campaign) mandates the DSWD Secretary to have the final authority to approve or disapprove request for the conduct of national-level fund campaigns.

3. Executive Order No. 292 (The Administrative Code of 1987) sets forth the standards, guidelines and practices within the executive branch of the government, and establishes the various cabinet-level offices falling within the executive branch, including the DSWD where:

3.1. Title XVI, Chapter 1 (General Provisions), Section 3 (Powers and Functions), Item 13 states that "to accomplish DSWD mandate and objectives, it shall regulate fund drives, public solicitations and donations for charitable or welfare purposes"

3.2. Title XVI, Chapter 9 (Fund Drive), Section No. 20 states that any person, corporation, organization or association desiring to solicit or receive contributions for charitable or public welfare purposes shall first secure a permit from the Regional Offices of the Department. Upon filing of a written application for a permit in the form prescribed by the Department, the Regional Director or his/her duly authorized representative may in his/her discretion, issue a permanent or temporary permit or disapprove the application. In the interest of the public, he or she may at his/her discretion, renew or revoke any permit issued under Act 4075. aScITE

4. Section 3 (e) of the Executive Order No. 15, series of 1998 (Redirecting the Functions and the Operations of the Department of Social Welfare and Development) mandates the DSWD to regulate fund drives, public solicitations and donations for charitable or welfare purposes consistent with the provisions of Administrative Code of 1987 and of the Local Government Code.

5. Inter-Country Adoption Board Resolution No. 054-46, series of 2010 (Addendum to the Policy on Photolisting of Children in the Internet) which states that uploading of advertisement in the internet using Filipino Children as means to solicit donations is prohibited.

6. Memorandum Circular No. 12, series of 2015, Guidelines on Fees and Charges which set the application fee for national solicitation to PhP1,000.00 and regional solicitation to PhP500.00.

7. Republic Act No. 10847, series of 2016 (No. 3 of Section 4) which prescribed that at least 70% of funds are disbursed for direct social work services.

8. Republic Act No. 11032, series of 2018 known as "Ease of Doing Business and Efficient Government Services Delivery Act of 2018" which refers to the declared policy of the state to promote integrity, accountability, proper management of public affairs and public property as well as to establish effective practices aimed at efficient delivery of government services and prevention of graft and corruption.

9. Bayanihan to Recover as One Act 1 and 2 or Republic Act Nos. 11469 and 11494 respectively which authorize the President to exercise powers necessary to carry out urgent measures to meet the current national emergency related to COVID-19. The act enable the president to "temporarily take over or direct the operations" of public utilities and privately owned health facilities and other necessary facilities.

IV. DEFINITION OF TERMS

1. Administrative Expenses — the costs incurred to support the management and the conduct of solicitation activity. These may include but not limited to the honorarium/fee of staff hired in the conduct of solicitation activity, rental of venue as necessary, processing fee for the issuance of solicitation permit, cost of mailing, printing of letters of appeal and other solicitation paraphernalia, among others. Administrative Expenses may vary depending on the amount of solicited funds (please see Annex 20 — Fund Utilization Guide for Proceeds of Solicitation/Fund Raising Activity).

2. Applicant — any person, group, corporation, organization or association desiring or intending to conduct solicitation activities for social, public welfare and charitable purposes.

3. Beneficiaries — refers to the poor, vulnerable, marginalized and disadvantaged sectors or entities that shall benefit from the proceeds of a public solicitation activity. They are persons or individuals, families, groups, or communities in distress and difficult situation. They may include, but are not limited to the following:

3.1. Abandoned, neglected, orphaned, voluntarily committed, abused and exploited children, street children, children with disabilities, children in conflict with the law, children in need of special protection, children in cultural communities, and children victims of disasters/calamities or armed conflict.

3.2. Out of School Youth (OSY) and other youth with special needs.

3.3. Women in Especially Difficult Circumstances (WEDC).

3.4. Person/s with Disability.

3.5. Senior Citizens or Older Persons.

3.6. Internally displaced individuals, families, groups or communities due to developmental projects, armed conflicts or disasters/calamities.

3.7. Individuals, families, groups and communities who are in crisis situation due to the existence of state of local or national emergency (i.e., Pandemic, Disaster or Calamity).

3.8. Indigenous Person/People in Crisis Situation.

3.9. Poor or dysfunctional families in depressed communities.

3.10. Victims/affected individuals, groups or communities of natural or human induced calamity/emergency.

Beneficiaries may also be centers, institutions, organizations or agencies providing social welfare and development (SWD) programs and services duly registered, licensed and/or accredited by the DSWD. They may be represented by their head or chosen representative in any documents that may be required by this guidelines.

4. Blacklist — refers to the list or registry of persons, corporations, organizations or associations who have violated the provision/s of the law and this guidelines. Hence, are ineligible to apply and be issued with a solicitation permit.

5. Charitable Purposes — refer to the intent to provide services or conduct activities for the improvement of quality of life of beneficiaries as defined and enumerated in item no. 3. Section IV-Definition of Terms.

6. Chronic Ailment/Disease — is an ailment or disease that persists and requires extensive and expensive medications.

7. Corporation — is a legal entity created through the laws of its state of incorporation. A legal entity separate from its owners. The law treats a corporation as a legal "person" that can sue and be sued and distinct from its stockholders.

8. Department — refers to the Department of Social Welfare and Development (DSWD). HEITAD

9. Donor — as used in this guidelines, refers to a person, group, corporation organization, association or any other entity who have chosen to donate funds in a solicitation or fund raising activity. Donor groups, corporations, organizations, associations or agencies may be represented by their heads or chosen representatives in any documents being required by this guidelines.

10. Group — is composed of several person or individual forming a group (minimum of three persons) or a combination of groups. The filing of application for solicitation permit of a group depends on whether they are formally organized and registered with the Securities and Exchange Commission (SEC), or informally organized, such that:

• If a formally organized group and registered with the SEC, filing of application for solicitation permit is under the category of corporation, organization or association.

• If informally organized group and not SEC registered (e.g., group of friends, group of artists, family or clan, etc.), filing of application shall be under the "person" category. In this category, the recognized leader or chosen representative as endorsed by its members shall represent the group.

11. Government Agencies — refer to the national government agencies (NGAs), government owned and controlled corporations (GOCCs), state colleges and universities (SCUs) and other government agencies (GAs).

12. National Authority — refers to the solicitation permit issued by the DSWD Central Office to applicants for solicitation activities that covers more than one (1) region or nationwide.

13. National Fund Raising Campaign — refers to the solicitation activities conducted in more than one (1) region or nationwide.

14. Online Transaction — as used in this guidelines, refers to the online filing of application documents for the issuance of solicitation permit or as required, the online submission of monitoring reports and post-facilitation requirements to the DSWD.

15. Organization — is a group of people who worked together for a common purpose/objective like corporation, association or agency.

16. Person — refers to a parent, guardian/relative or friend of an ailing person requiring long-term/extensive medication.

A person may also be a representative of an informal group that intends to solicit funds to help in the relief operations being conducted by the government during state of emergency/calamity.

17. Processing Fee — refers to the corresponding fee determined by the Department of Social Welfare and Development (DSWD) being paid by the applicant for solicitation permit.

18. Program Expenses — refer to the direct or indirect cost of implementation/provision of programs and services to the intended beneficiaries of the solicitation activity.

19. Public Solicitation — refers to any project or activity intended to generate funds from the general public for social, public welfare and charitable purposes. It may also be solicitation activities for persons, groups, organizations/agencies and/or communities in need, other than one's self.

20. Public Welfare Purposes — refers to any activity, program, services or project relative to the promotion of health, education, peace, social welfare and protection, environment safety, rights, morals, security and safety of citizens and similar circumstances or conditions including disaster relief operation and management.

21. Regional Authority — refers to the solicitation permit issued by the Regional Director of the concerned DSWD Field Office.

22. Regional Fund Raising Campaign — refers to the solicitation activity conducted within a region.

23. Renewal — as used in this guidelines, refers to the re-issuance of solicitation permit.

24. Respondent — refers to the person/individual, corporation, organization or association who is the subject of a complaint.

25. Revocation — refers to the cancellation of the issued solicitation permit to a person, corporation, organization or association due to the commission of any violation/s.

26. Solicitation Partner, Agents/Intermediary or Depository — for the purpose of this guidelines, is a person, group, corporation, organization or association that is/are listed as partner, agent, intermediary or depository of solicited funds by the person, group, corporation, organization or association issued with a solicitation permit. A Memorandum of Agreement/Understanding (MOA/U) or any similar document that state the manner of partnership, working arrangement/s, task/s and allowable cost of engagement shall form part of the requirements to be submitted to the DSWD. ATICcS

27. Solicitation Permit — refers to the Certificate of Authority to Conduct Fund Raising Activity issued by the DSWD to a person, corporation, organization or association that allows them to solicit funds/conduct fund raising activities for charitable, social or public welfare purposes.

28. Solicited Funds or Proceeds — refers to the funds generated during the fund raising activity. Solicited funds should be voluntarily given, and according to the will and desire of the donor. It shall in no way, be compelling or with set amount.

29. State of Emergency or Calamity — a pervasive situation over an area or a region or the country as declared by the President of the Republic or any authorized government agency. It is a situation that poses significant risk to health, life, property and/or environment and causes a major disruption of normal situation or operation e.g., natural or man-induced disasters or calamities, event of pandemic of national or international concerns.

30. Suspension — refers to the temporary cessation of authority to conduct fund raising activities not to exceed three (3) months as a form of penalty for violation of any of the provisions stated in this guidelines. When under suspension, an organization or agency is prohibited to conduct any fund raising/solicitation activity.

31. Temporary Solicitation Permit — refers to the temporary permit/authority to conduct solicitation/fund raising activity issued to any person, group, corporation, organization or association responding to a disaster or calamity upon the declaration of state of emergency/calamity.

32. Verified Complaint — refers to a written complaint containing an oath or attestation of the truthfulness of the facts therein alleged in accordance to the affiant's personal knowledge and belief.

V. GENERAL POLICIES

The following policies shall be observed relative to the regulation of fund drives or other forms of solicitation from the public:

A. Coverage

This guidelines shall cover regulation, issuance and monitoring provisions for the following public solicitation activities:

1. Regional Solicitation/Fund Raising Campaigns conducted in the country.

2. National Solicitation/Fund Raising Campaigns conducted in the country.

Local (Municipal/City or Provincial) Solicitations/Fund Raising Campaigns shall be covered by the concerned LGU's policies and regulations on the issuance of permit. Hence, solicitation permits for fund raising activities conducted within their respective locality and jurisdiction shall be issued by the concerned Local Chief Executives (LCEs) per Local Government Code (R.A. 7160).

B. Exemptions

The following shall be exempted from securing public solicitation permits:

1. Organizations and agencies created by law that specifically confer them with authority to solicit or conduct fund campaign for charitable, social and/or public welfare purposes.

2. United Nations (UN) Agencies, Instruments and Missions as covered by the UN Charter.

3. Solicitation activities for religious purposes (e.g., construction of church, mosque or any structure for worship; evangelization or propagation of faith; welfare program of the church or congregation to their members).

However, religious organizations conducting solicitation activities for charitable and public welfare activities shall be required to secure solicitation permit from the DSWD.

4. Solicitation activities conducted within and among officemates, clan members, social/civic groups or associations such as alumni associations, fraternities or sororities, etc.

5. Solicitation activities conducted by and within schools/universities/colleges for purposes of supporting scholars and infrastructure projects.

6. Caroling during Christmas Seasons and other religious festivities.

7. Request for support of a person from a government agency whose mandate include providing support or financial assistance such as but not limited to medical assistance, educational assistance, transportation assistance and burial assistance.

C. Prohibited Activities

The following solicitation activities are prohibited under this guidelines:

1. Solicitation activities of any form or methodology without the necessary solicitation permit issued by the Department of Social Welfare and Development (DSWD).

2. Solicitation activities using expired/tampered permit and/or fraudulent documents.

3. For a person or agency issued with solicitation permit to utilize solicited funds to programs, projects or activities other than those stated in their project proposal. TIADCc

4. Solicitation activities for charitable, social and public welfare purposes involving unlawful means such as games of chance or scheme amounting to illegal gambling (i.e., bingo and other card games, cockfight, raffle bearing prizes conducted without the necessary permit from concerned government agencies such as Department of Trade and Industry (DTI), Philippine Amusement and Gaming Corporation (PAGCOR), Local Government Unit (LGU) Permit, etc.), pursuant to Presidential Decree No. 1602 (Prescribing Stiffer Penalties on Illegal Gambling) and Articles 195-199 of the Revised Penal Code, as well as other laws.

5. Photolisting or the upload of picture/s, personal information and description of children in various media including social media for the purpose of soliciting funds.

6. Use of solicitation paraphernalia portraying demeaning condition of the intended beneficiary in order to influence the public to provide donations.

7. Exploitative mobilization of clients/beneficiaries in the solicitation activity.

8. The sale of goods from foreign donors that were donated to individuals, groups, organizations, or institutions and facilitated for exemption from the payment of government taxes and dues in accordance to Section 800 (m) of the Republic Act No. 10863 otherwise known as "An Act Modernizing the Customs and Tariff Administration" and Presidential Memorandum Order (PMO) No. 36, series of 1992, is prohibited and should not constitute part of the activities conducted to raise funds for the target beneficiaries.

9. Disbursement of solicited funds not in accordance to the prescribed fund utilization ratio.

D. Eligible Entities for the Issuance of Solicitation Permit

The following are eligible to apply and be issued with a solicitation permit for solicitation activities intended for social, public welfare and charitable activities to beneficiaries as enumerated in No. 3 — Beneficiaries of Section IV-Definition of Terms of this Guidelines:

1. Person

2. Groups whether organized or unorganized

3. Corporations whether profit or non-profit

4. Organizations or Agencies

5. Associations including civil society organizations (CSOs)

6. Registered, Licensed and/or Accredited Social Welfare and Development Agencies (SWDAs) including Social Welfare Arms of Religious Organizations

Unregistered/unlicensed SWDA or the SWDA who failed to renew its License to Operate shall not be eligible for a regular solicitation permit. It could only be issued with a temporary solicitation permit during emergency/calamity and on its first application for permit. Said SWDA shall then be provided with technical assistance on the renewal of their License to Operate to legitimize their operation as a social welfare and development agency. Failure to be registered or renew their license to operate after the provision of technical assistance by the concerned DSWD Office, shall render them ineligible for renewal of temporary solicitation permit.

E. Issuance of Solicitation Permits

1. Regional Permit

a. Under Normal Situation

A solicitation permit with validity period not exceeding six (6) months shall be issued for the following solicitation activities to be conducted in more than one (1) independent city/province but within the region seven (7) working days upon receipt of complete application documents:

a.1. To a person soliciting funds for his/her child, relative or friend with chronic ailment/disease that require long term/expensive medications. A notarized written agreement that allows a relative or friend to solicit for and in behalf of the ailing person is a necessary requirement for this application for solicitation permit.

Said parent, relative or friend may seek partnership with a licensed/accredited Social Welfare and Development Agency (SWDA) with whom the Certificate of Authority to Conduct Fund Raising Campaign shall be facilitated. Or, endorsement from the Local Social Welfare and Development Office (P/C/MSWDO) of the concerned Local Government Unit (LGU) which shall guarantee his/her application for a solicitation permit and monitor his/her solicitation activities. AIDSTE

Whichever is the case, post-facilitation requirements shall be submitted by either the SWDA from whose name the solicitation permit is issued or by the LOU who has endorsed the person for the issuance of the solicitation permit.

a.2. To other entities as enumerated in Letter D of this Section.

b. During State of Emergency/Calamity

In times of natural or human-induced emergency/calamity when the state of emergency/calamity is declared by the proper government authority (e.g., Local Chief Executive, Sangguniang Pambayan/Panlungsod or by the Sangguniang Panlalawigan).

A Temporary Solicitation Permit with a maximum validity period of three (3) months shall be issued by the concerned DSWD-Field Office to all eligible entities through a fast-lane established for the purpose within sixteen (16) working hours or two (2) working days upon receipt of complete application documents.

Applications for solicitation permit may also be filed directly to the Standards Bureau, if the concerned DSWD-Field Office is affected by the emergency or calamity.

2. National Permit

a. Under Normal Situation

A solicitation permit with validity period not exceeding one (1) year subject for renewal, shall be issued to eligible entities within fourteen (14) working days upon receipt of complete application documents.

b. During State of Emergency/Calamity

In times of natural or human-induced emergency/calamity when the State of Emergency/Calamity is declared by the President of the Republic of the Philippines or by the concerned National Government Agency (NGA), a Temporary Solicitation Permit with a maximum validity period of six (6) months shall be issued by the Standards Bureau, DSWD Central Office to eligible entities through a fast lane established for the purpose within twenty-four (24) working hours or three (3) working days upon receipt of complete application documents.

c. Solicitation Activities using the Internet, Digital Platforms or Social Media (Facebook, Twitter, Instagram, etc.) as Methodology

When the internet, digital or social media platforms is being used as the methodology of the solicitation activity, a national solicitation permit with a validity period based on the submitted project proposal but not to exceed one (1) year for regular permit or six (6) months for temporary permit, shall be issued by the Standards Bureau, DSWD Central Office to eligible entities upon submission of the complete application documents. Applicable laws such as photolisting, anti-discrimination, anti-cyber-bullying, etc. shall be considered in processing solicitation permit using social media platforms as a methodology.

3. Regional or National Temporary Solicitation Permit during Disaster/Calamity amidst National State of Emergency/Calamity

In situation/s when disaster or calamity occurred and when local or regional state of calamity is declared due to the said disaster, while the National State of Emergency/Calamity is in effect and when affected individuals, families, groups or communities already struggling in difficulty need further help towards recovery, a regional or national temporary solicitation permit shall be issued by the concerned DSWD Office to eligible entities within sixteen (16) working hours or two (2) working days through a fast lane established for the purpose upon receipt of complete application documents on the following conditions:

a. For new applicants, depending on the gravity of the disaster or upon the discretion of the concerned DSWD Office, a temporary solicitation permit with a maximum validity period of six (6) months shall be issued

b. For applicants with existing temporary permit, an amended temporary solicitation permit with a validity period of six (6) months shall be issued upon the discretion of the concerned DSWD Office and surrender of the previously issued temporary permit. AaCTcI

F. Documentary Requirements

Applications for solicitation permit shall be processed/facilitated upon receipt of complete application documents:

1. For Solicitation Permit Under Normal Situation

a. Please refer to Annex 1 — Checklist of Requirements

b. Additional Specific Requirements for each Methodology to be Used (please refer to Annex 5 — Project Proposal)

2. For Temporary Permit during State of Emergency/Calamity

2.1. For Person

a. Application Form

b. Project Proposal

c. Undertaking to Comply with the remaining requirements within the validity period of the issued Temporary Permit (see Annex 8 — DSWD-SB-PSF-007 — Undertaking-Individual)

d. Two (2) valid Government Issued Identification Cards

e. Certification from the concerned Barangay Office that the person has the capability to conduct/manage fund raising activity

f. Endorsement from the group, the person is representing with

2.2. For Corporation, Organization, Association or Organized Groups

a. Application Form

b. Project Proposal with the list of officers and staff or employees/association or group members, officially designated to conduct solicitation or fund raising activities (see Annex 5 — DSWD-SB-PSF-004)

c. Undertaking to comply with the remaining requirements within the validity period of the issued Temporary Permit (see Annex 9 — DSWD-SB-PSF-008 — Undertaking-Corporate)

G. Photolisting and other Related Activities

Photolisting such as the use of photos, images and information of children or target beneficiaries through print, electronic (cyberspace or Internet) and broadcast media for the purpose of soliciting funds violates the person's right to privacy and presents social stigma and further suffering of concerned beneficiaries. To enable the regulation of such strategy on solicitation, the following policies are provided:

1. Solicitation paraphernalia should highlight the organization/agency's thrusts, activities and successes rather than the personal lives of the beneficiaries.

2. The solicitation paraphernalia should protect and not portray a demeaning condition of the intended beneficiaries in order to influence the public to provide donations.

3. If the need for actual picture is required, the following are the acceptable kind of photos:

a. Photo/s of child/children, senior citizens, persons with disability or other beneficiaries taken from a distance.

b. Action picture of child/children, senior citizens, persons with disability or other beneficiaries that focused on the action or movement taken in close range but not focusing on the subject's face.

Persons, groups, corporations, organizations or associations whether exempted or issued with solicitation permits shall be advised to refrain from posting pictures and personal information of beneficiaries provided that waiver/s is/are secured from the concerned beneficiary/beneficiaries. The Standards Bureau of DSWD Central Office or the Standards Section of the concerned DSWD Field Office shall send notices/seek explanations from the concerned person, organization, corporation or association found violating the photolisting policy. EcTCAD

H. Fees and Charges

The following amount shall be collected as processing fee for the issuance of Solicitation Permit per DSWD Memorandum Circular No. 12, series of 2015 otherwise known as Guidelines on Fees and Charges. Processing fees are not refundable:

1. Five Hundred Pesos (PhP500.00) — for Regional Fund Raising Campaign

2. One Thousand Pesos (PhP1,000.00) — for National Fund Raising Campaign

Processing fees for regionalornationalsolicitation permits during state of national emergency/calamity and during calamity amidst state of national emergency shall be waived in favor of the applicant.

I. Processing of Applications for Solicitation Permit

1. How to Apply/Methods of sending Applications for Solicitation Permit

In its gradual shift to digitization and in observation of new normal that limits face-to-face interactions, the DSWD shall receive applications for solicitation permit through the following:

a. DSWD Central Office or Field Offices official e-mail addresses

b. Mail or via Courier

c. Walk-in or physical submission of application documents

2. Assessment Process

Assessment process shall include but not limited to table review of submitted documents, eligibility check and collateral interview which could be done through texts messages, telephone calls or electronic means (e-mails). And as necessary, home or agency visit shall be conducted. The concerned DSWD staff shall exercise careful assessment of the applicant's eligibility and compliance to documentary requirements.

3. Venue for Submission and Processing of Applications for Solicitation Permit

a. Regional Permit

Applications for Regional Solicitation Permit under normal situation or during state of emergency/calamity, may be sent/submitted to the concerned DSWD Field Office or its Standards Section's official address/e-mail addresses where it shall be facilitated.

b. National Permit

b.1. Applications for National Solicitation Permit under normal situation shall be sent at the Standards Section of the concerned DSWD Field Office official addresses/e-mail addresses. Upon careful assessment and finding that the applicant complies with the eligibility and documentary requirements, the concerned DSWD Field Office shall endorse the same to the Standards Bureau (SB) DSWD Central Office for the issuance of the necessary permit.

b.2. Applications for National Temporary Solicitation Permit during state of emergency/calamity shall be sent/submitted to the Standards Bureau (SB), DSWD Central Office to its official address/e-mail addresses which shall facilitate the issuance of the necessary permit.

4. Processing of applications for non-eligible/non-compliant organizations or agencies

a. Regional/National Permit under Normal Situation

Submitted non-compliant and/or incomplete application documents for regional solicitation shall be communicated to the applicant within three (3) working days after its receipt citing reason/s for non-processing or disapproval. The Standards Section of the concerned DSWD-Field Office shall then provide the applicant with the necessary technical assistance to rectify the gap and/or submit lacking requirements.

Should the non-compliant and incomplete application documents are transmitted to the DSWD Central Office, the Standards Bureau shall, within three (3) working days after receipt of the application documents, call the attention of the concerned DSWD-Field Office citing specific reasons for the non-processing or disapproval. The Standards Section of the concerned DSWD-Field Office shall then communicate to the applicant the result of the assessment and provide the necessary technical assistance to rectify the gap and/or submit lacking requirements. HSAcaE

b. Regional/National Temporary Permit during State of Emergency/Calamity

During state of emergency/calamity, whether local or national, the concerned DSWD Office shall carefully review and assess application documents. Should there be noted deficiencies or lacking requirement/s, the concerned DSWD staff shall immediately or within the day of receipt, call the attention of the applicant simultaneously providing technical assistance to rectify the gap and/or submit lacking requirement/s.

J. Issuance, Amendment, Renewal or Extension of the Validity Period of the Issued Solicitation Permit

1. Approval and Issuance of Regional and National Solicitation Permit

1.1. Regional Public Solicitation Permit shall be approved and signed by the Regional Director of the concerned DSWD Field Office.

1.2. National Public Solicitation Permit shall be approved and signed by the DSWD Secretary.

1.3. Approved and duly signed Solicitation Permit whether national or regional shall be issued in adherence to existing guidelines and protocols. As applicable, it shall be issued by the DSWD Secretary through the Standards Bureau or by the Regional Director of the concerned DSWD Field Office through the Standards Section.

1.4. It shall be issued/sent to concerned applicant via courier or thru electronic means. Pickup or person to person issuance of solicitation permit though being discouraged, shall be allowed provided that the prescribed health protocol (i.e., physical distancing and mandatory wearing of face mask and shield), are observed.

1.5. It shall be prepared on a Security Paper (SECPA) and shall bear specifically assigned control number, the approved methodology and the permit's validity period.

1.6. It shall be in PDF Format, if delivered electronically or via e-mail.

2. Amendment of Issued Solicitation Permit

Issued solicitation permits shall be amended according to the following provisions:

2.1. A person, organization or agency may apply for an amendment of their solicitation permit for additional or change of beneficiaries, coverage, methodology, program, project or service to be delivered and/or extension/change of validity period.

2.2. In order to facilitate the amendment of the issued solicitation permit, concerned person, organization or agency shall submit a Letter of Request and an Amended Project Proposal indicating the added/changed coverage, methodology, programs and services to be delivered and/or targeted beneficiaries, and other necessary requirements to the concerned DSWD Office.

2.3. Concerned DSWD Office shall then facilitate the issuance of an amended solicitation permit upon surrender of the previously issued permit. Amended solicitation permit shall have the same validity period with the previously issued permit.

2.4. Amendments shall be facilitated for Solicitation Permits whether regular or temporary with remaining validity period of not less than three (3) months. Regional Temporary Permits in consideration of their short validity period shall not be eligible for amendments. Hence, applicants for regional temporary permit shall be advised to instead apply for the renewal of their temporary permit. HESIcT

3. Renewal of Regional and National Permit

Issued solicitation permit may be renewed according to the following provisions:

3.1. A person, organization or agency may apply for a renewal of its solicitation permit for the same or different coverage, program, project or activity and/or beneficiaries.

3.2. It shall be facilitated upon the compliance to the post-facilitation requirements and the surrender of the previously issued solicitation permit whether it is still valid or has already expired.

3.3. Renewal of regular or temporary Solicitation Permit shall not be facilitated in cases of non-submission or non-completion of any of the post-reportorial requirements (i.e., Fund Utilization Report, Utilization Report of Excess Funds, etc.). For applicants who have submitted financial plan for extension of the use of solicited funds from the previously issued permit, shall ensure that it will not overlap with their new application for permit to be able to comply with the post reportorial report.

3.4. Renewal of Temporary Solicitation Permit shall only be facilitated during State of Emergency/Calamity. In the event that the state of emergency/calamity is lifted, application for renewal of temporary permit shall not anymore be entertained.

3.5. Renewal of Temporary Solicitation Permit of a SWDA who failed to register/secure License to Operate or renew their License to Operate, shall not be facilitated unless they comply with the registration and licensing requirements of the DSWD.

4. Extension of Validity of Solicitation Permit

The validity of the issued solicitation permit whether regular or temporary may be extended according to the following provisions:

4.1. Regional Solicitation Permits may be extended to a maximum period of one (1) month upon submission of letter request for extension to the concerned DSWD Office which shall issue a response letter that confirms the approved extension of the permit's validity.

4.2. National Solicitation Permits may be extended to a maximum period of two (2) months upon submission of a letter request for extension to the Standards Bureau, DSWD Central Office which shall issue a response letter that confirms the approved extension of the permit's validity.

4.3. The request for extension of the permit's validity shall be submitted at least fifteen (15) days prior to the expiration of the issued solicitation permit. Beyond this period, applicants for extension of validity shall be advised to instead apply for a renewal of permit.

K. Validity of the Issued Solicitation Permit

Solicitation Permit shall be valid according to the following provisions:

1. Issued solicitation permit shall be valid within the specified validity period, methodology, area/s and coverage in the Philippines. It shall not extend outside the country even though the target beneficiaries are Filipinos. Solicitation activities through the internet traversing international boundaries shall be subject to laws of the concerned country.

2. It shall be valid if used by the person, corporation, organization or association issued with the solicitation permit. If used by any other person, organization or agency without prior agreement and not connected with the person/organization issued with the permit, shall render the solicitation permit invalid and shall be confiscated. caITAC

3. A regional permit under normal situation shall not exceed six (6) months while a regional temporary permit during state of emergency/calamity shall be valid for three (3) months.

4. A national permit under normal situation shall be valid for one (1) year while a national temporary permit during state of emergency/calamity shall be valid for six (6) months.

5. Temporary permit whether regional or national shall be valid until it expires, even after the state of emergency/calamity is lifted.

VI. MANAGEMENT OF PROCEEDS/SOLICITED FUNDS:

Solicited funds or proceeds shall be utilized according to the following provisions:

A. In adherence to the set standard of fund utilization, the ratio ranging from seventy to ninety-five percent (70%-95%) for program and five to thirty percent (5%-30%) for administrative expenses are recommended (please see Annex 20 — Fund Utilization Guide for Proceeds of Solicitation/Fund Raising Activity). Utilization of funds shall be based on approved project proposal or work and financial plan (WFP).

B. As much as practicable, funds collected during public solicitation are to be deposited on a designated bank account at a reputable bank or banking institution regulated by the Bangko Sentral ng Pilipinas. Hence, it shall be deposited in the name of the person, corporation, organization or association to whom the permit was issued until its utilization. Otherwise, a comprehensive Book of Proceeds indicating name, addresses and contact numbers of donors and name, addresses of beneficiaries including the programs and services received, shall be made available or submitted to the concerned DSWD Office.

C. In emergency situations, solicited funds immediately utilized/spent for the delivery of programs and services to intended beneficiaries shall also be listed on a comprehensive Book of Proceeds or Ledger that indicates the name, addresses and contact numbers of donors, and the name, addresses and contact numbers of beneficiaries and the corresponding programs/services provided/received. The book of proceeds or fund ledger shall be submitted to concerned DSWD Office or made available during monitoring visits.

D. Solicited funds readily consumed in buying medicines and other medical requirements by a person ailing of a chronic ailment shall be liquidated with the List of Donors indicating the amount of their donation, their corresponding addresses and contact numbers, a copy of medical certificate/abstract or conducted treatment procedures certified by the attending physician, and receipts issued for the medicines and other medical requirements/procedures.

E. All solicited funds shall be properly acknowledged by the receiving agency except for solicitations involving sales of tickets, cards or envelops in which case sold tickets, cards or envelops shall serve as acknowledgment receipts.

F. For the NGAs, GOCCs and other government agencies, the following additional policies shall be observed:

1. Proceeds from the fundraising activity "shall be accounted for in the book of account of the recipient agency in accordance with the government accounting and auditing rules and regulations. Such proceeds, whether cash or in-kind shall be utilized for the intended beneficiaries of solicitation or fundraising activities" (General Appropriations Act)

2. Such proceeds "shall be remitted to the National Treasury, recorded as a Special Account in the General Fund and shall be available to the implementing agency concerned through a Special Budget pursuant to Section 35, Chapter 5, Book VI of EO 292; Provided that donations for specific purpose with a term not exceeding one (1) year shall be treated as trust receipts in accordance with Section 7 hereof" General Appropriations Act)

G. If the ailing person beneficiary of solicitation activity passed away during the validity of the permit, the endorsing SWDA or LGU shall submit an Incident Report to the concerned DSWD-Field Office with the corresponding Work and Financial Plan (WFP) for the disbursement of the unutilized solicited funds.

H. If the solicitation activity of a person, group, organization or agency was unceremoniously terminated or discontinued for whatever reason during the validity period of the issued permit, said person, organization or agency shall submit a justification for the termination of the solicitation activity along with the disbursement plan for the solicited funds which shall be based on the submitted project proposal or work and financial plan, or the applicable post facilitation requirements as stated in Section VII of this guidelines. ICHDca

VII. POST FACILITATION PROCESSES

A. The person issued with permit shall within sixty (60) days upon the expiration of the authority to conduct fund campaign surrender the solicitation permit/certificate of authority with the following reports:

1. Notarized Fund Utilization Report sworn by the person/individual issued with solicitation permit or head of the endorsing LGU/SWDA. It shall be supported by the medical certificate/abstract duly certified by the attending physician and receipts issued in buying medicines and/or the conducted medical procedure.

2. List of major and minor donors, their corresponding addresses and contact numbers and the amount of donation in accordance to the provisions of the RA 10173 or the Data Privacy Act, as applicable.

3. The expired solicitation permit.

4. If permit is unused:

4.1. A justification for not pursuing the fund campaign within the validity period.

4.2. A notarized sworn affidavit that said person did not use issued solicitation permit.

B. The corporation, organization or association to whom the permit is issued shall within sixty (60) days after the expiration of the said permit, submit the following to the concerned DSWD Office:

1. Fund Utilization Report, in accordance with the National Government Auditing System, if the soliciting entity is a government agency.

2. Notarized Fund Utilization Report sworn by the Agency Head and Treasurer, of proceeds and expenditures if the soliciting entity is a non-government organization. Said utilization report should also be included in the Audited Annual Financial Report to be submitted to the concerned DSWD Office, copy furnished the Standards Bureau one hundred and twenty (120) days after the end of every fiscal year as provided in the organization's constitution and by-laws.

3. List of Major and Minor donors, their corresponding addresses, contact numbers and the amount of donation/s, as applicable and in accordance to the provisions of the RA 10173 or the Data Privacy Act of 2012.

4. List of Individual Beneficiaries, their corresponding addresses, contact numbers and the amount and type of assistance received in accordance to the provisions of RA 10173 or the Data Privacy Act of 2012.

5. List of groups, centers, organizations, associations or agencies that benefitted from the proceeds of solicitation activity as represented by their Head, President/Leader, Chairman of the Board, etc., their addresses and contact numbers in accordance to the provisions of RA 10173 or the Data Privacy Act of 2012.

6. The expired original solicitation permit/certificate authorizing the conduct of regional/national fund campaign.

7. If the permit is unused, the following shall be submitted to the concerned DSWD Office:

7.1. A Justification for not pursuing the fund campaign within the validity period.

7.2. A notarized Sworn Statement/Certification from the Representative of the Group or Head of the Agency that such permit for the proposed solicitation activity was not used/utilized.

C. If the solicited funds are not fully distributed/utilized per project proposal or work and financial plan (WFP), the person, corporation, organization or association to whom the permit was issued shall submit status report of the funds within the sixty (60) days period. A report shall be submitted monthly thereafter for a period not extending to six (6) months until all the solicited funds are utilized thereafter, shall submit post-facilitation requirements as indicated in letter B of this section. Failure to utilize/distribute solicited funds even after the six (6) months grace period, shall be a ground for non-renewal of solicitation permit.

D. Report on Excess Funds — if the solicited funds of the person, corporation, organization or association exceeded their target amount or has accumulated excess funds, said person, corporation, organization or association shall submit a utilization plan for the excess funds or a report on the utilization of excessed funds. Non-submission of the utilization plan or report for excess funds shall be a ground for non-renewal of solicitation permit.

VIII. FORFEITURE OF PROCEEDS

All donations or solicited funds from unauthorized public solicitation shall, after conviction, be forfeited in favor of government or DSWD registered, licensed and/or accredited charitable institutions such as but not limited to children's centers, centers for women, and centers for the elderly, centers for the persons with disability, etc.

IX. MONITORING OF SOLICITATION ACTIVITIES

For the interest of general public, the DSWD shall exercise its regulatory powers and monitor solicitation activities of entities issued with solicitation permit. It shall send notification letters through e-mail or courier and exhaust all means of communication to the concerned party requiring compliance to monitoring and post-facilitation requirements.

Its duly authorized staff or representative shall have the authority to access or request documents and verify the authenticity of any report submitted.

Monitoring activities shall be done through table review, verification and audit of the financial reports including the bank account/book of proceeds or ledgers for solicited funds, papers, affairs and other activities related to the conduct of the solicitation activity or fund campaign. TCAScE

Non-compliance to the monitoring provisions shall cause for the implementation of penalties as stated in the Section XII — Penal Provisions of this guidelines.

Monitoring shall also include the following:

A. The DSWD-Field Office where the solicitation permit is issued whether regular or temporary, shall monitor and validate the conduct of solicitation activities of persons, groups, corporations, organizations or associations to determine whether solicitation activity is in accordance with the issued permit. A monitoring report shall be submitted to the Standards Bureau within seven (7) working days after the validation.

B. Likewise, the DSWD-Field Office where the solicitation activity was conducted, shall monitor and validate the conduct of solicitation activities of the person, group, corporation, organization or association under their jurisdiction to determine whether solicitation activity is in accordance with the issued permit. A feedback report shall be submitted to the Standards Bureau within seven (7) working days after the validation.

C. The Standards Bureau shall monitor solicitation activities conducted by person, corporation, organization or agency including government agencies and their attached offices.

D. Person issued with regional solicitation permit shall be monitored by the endorsing LGU that has the responsibility and tasks of monitoring the person's solicitation activity and submission of the post-facilitation requirements to the concerned DSWD Office.

E. The corporation, organization or association shall, for each solicitation activity maintains and preserves a comprehensive and accurate book of accounts or ledger of solicited funds which shall be available upon request of the DSWD. Should proceeds reached P500,000.00 and above, financial statement/report shall be audited by an external auditor, a certified public accountant or for government agency, by the agency's accountant.

F. The DSWD Central Office through the Standards Bureau (SB) and the DSWD Field Office through the Standards Section shall post on a monthly basis, the updated list of persons, organizations or agencies issued with permits at DSWD Websites. Likewise, those persons, organizations or agencies with suspended and/or revoked solicitation permits.

G. Submission of periodic reports on solicitation activity of person, corporation, organization or association shall be according to the provisions of Section VII — Post Facilitation Processes of this Guidelines.

H. Other concerns during monitoring of solicitation activities:

1. That funds raised were used/are being used as indicated in the Project Proposal or Work and Financial Plan (WFP)

2. That status and monthly reports that support utilization of unutilized or excess funds, shall be made available.

3. That there are duly signed distribution sheets, payroll, acknowledgement receipts and photo-documentation of completed project or program.

X. INFORMATION DISSEMINATION

The DSWD Central Office and the DSWD Field Offices shall include in their information, education, communication (IEC) materials important and salient provisions of this guidelines which shall be disseminated to all parties concerned. They shall endeavor to include such in all of their advocacy programs, activities and services according to the following:

A. Through DSWD Field Offices, Intermediaries and/or the Tri-Media Advocates, promote the provisions of the Solicitation Permit Law and this Guidelines including penal provisions to deter illegal solicitation activities;

B. The DSWD Field Offices, Social Welfare and Development Agencies (SWDAs) and its network shall be provided with the approved copy of this Memorandum Circular;

C. The DSWD through its official website (www.dswd.gov.ph) and the DSWD-Field Offices through their official websites shall, on a monthly basis, inform the public of the name/s of persons, groups, corporations, organizations or associations issued with solicitation permits including those whose permit have been cancelled, suspended, revoked and/or blacklisted;

D. The DSWD shall develop information, education and communication (IEC) materials (i.e., flyers, brochures, videos, etc.) or shall maintain close coordination with its Social Marketing Service (SMS) to continuously communicate to the public various aspects of fund campaigns. On the other hand, and as necessary, DSWD Field Office shall translate said IEC materials into localized IEC materials adopting their vernacular; cTDaEH

E. The SMS shall assist the Standards Bureau while the Regional Information Officer (RIO) shall assist the Standards Section of the Field Offices in the development of IEC materials and in the conduct of information dissemination activities.

XI. HANDLING OF COMPLAINTS AND VIOLATIONS

A. On Reports of Violations and Unpermitted Public Solicitations

The DSWD shall immediately respond to reports of illegal/unpermitted public solicitations. Through the Standards Bureau or Standards Section of DSWD Field Offices, it shall act on said reports and verify its authenticity. Once verified, it shall be handled according to the following provisions:

1. If complaint is filed against a registered and/or licensed Social Welfare and Development Agency (SWDA), said SWDA shall be handled under the provisions of Memorandum Circular No. 16, series of 2018.

2. Complaints may be filed by any individual at the DSWD Office that issued the permit or where the solicitation activity was conducted. As earlier stated, concerned DSWD Office shall immediately act on said complaints and verify its authenticity.

3. As verified, the complaint against a person, group, corporation, organization or association shall be encouraged to be put in writing and to be signed by the complainant.

4. The Standards Bureau of DSWD Central Office or the Standards Section of DSWD Field Office shall send notices/letters upon receipt of verified complaint and shall exhaust all means of communication (i.e., phone calls, e-mails, etc.) to person, group, corporation, organization or association to enable them to explain their side or give them the opportunity to comply with the requirements of public solicitation.

5. Appropriate legal action shall be taken if no response was received within seven (7) days after the 3rd and last notice was sent.

6. The Standards Bureau in collaboration with the Legal Service of the DSWD Central Office or the concerned Standards Section in close collaboration with the DSWD Field Office's Retainer Lawyer/Legal Officer shall cause and assist in the filing of legal action and prosecution of person, group, corporation, organization or association found violating P.D. 1564 or this Guidelines. They shall also establish close coordination with the Department of Justice (DOJ), Department of Interior and Local Government (DILG), Bureau of Investigation (NBI) and the Philippine National Police (PNP) to ensure that violators shall be apprehended.

7. To further operationalize this particular provision, the following action shall be taken by the concerned DSWD Office:

a. A maximum of three (3) official letter/notices shall be served/sent to the person, group, corporation, organization or association found violating the law and this guidelines. It shall be served/sent via courier and/or via electronic means (e-mail). Notices/letters shall be sent as follows:

1st Notice — seven (7) working days after receipt of the verified complaint

2nd Notice — seven (7) working days after the 1st notice

3rd and Last Notice — seven (7) working days after the 2nd notice

b. The concerned person, corporation, organization or association shall be given seven (7) working days to respond or give attention to each of the served/sent notices. Otherwise, 2nd and 3rd Notices/Letters shall be sent/served. In between each official notices/letters, the Standards Bureau/Section staff of the concerned DSWD Office shall also communicate with the violating party through other means of communication such as but not limited to phone calls, e-mails and/or other electronic means.

c. In case/s of non-response from person, corporation, organization or association to the served/sent 3rd and Last Notice, the case shall be referred to the DSWD's Legal Service or DSWD Field Office's Retainer Lawyer/Legal Officer, for proper legal action.

d. Official communications/legal action against erring entities shall be as appropriate, signed by the Legal Officer/Retainer Lawyer of the concerned DSWD Office.

B. On failure to comply with the post-facilitation and monitoring requirements

The DSWD shall also take action against persons, corporations, organizations or associations who were issued with permit but did not comply with the post-facilitation and/or monitoring requirements. Through the Standards Bureau of DSWD Central Office or Standards Section of DSWD Field Offices, it shall implement sanctions and penalties as stated in Section XII — Penal Provisions of this Guidelines. cSaATC

To further operationalize this provision the following action shall be taken by the concerned DSWD Office:

a. A maximum of three (3) official letter/notices shall be served/sent to the person, group, corporation, organization or association found violating the law and this guidelines. It shall be served/sent via courier and/or via electronic means (e-mail). Notices/letters shall be sent as follows:

1st Notice — seven (7) working days after receipt of the verified complaint

2nd Notice — seven (7) working days after the 1st notice

3rd and Last Notice — seven (7) working days after the 2nd notice

XII. PENAL PROVISIONS

The following actions shall be taken accordingly in the violation of PD 1564 and or this guidelines:

A. Any person found violating the provisions of Presidential Decree 1564 or Executive Order No. 24, series of 2001, upon conviction shall be subjected for imprisonment and/or fine at the discretion of the court. However, if the offending party is a group, corporation, organization or association, the penalty shall be imposed upon the guilty officer/s. And, if such guilty officer/s is/are alien, he/she/they shall be deported after serving sentence without further proceedings.

B. In case that a person, group, corporation, organization or association is not covered under these provisions, other applicable law/s shall apply.

C. Suspension, revocation, non-renewal of permit or blacklisting shall be imposed accordingly to a person, group, corporation, organization or association found violating the provisions of this Guidelines.

D. The table below provides for the sanction/s that shall be imposed to violating entities:

 

Violations	Penalty
1.1. Solicitation of funds without permit	Blacklisting
1.2. Solicitation of funds with an expired permit	Blacklisting
1.3. Submission of fraudulent or falsified documents	Revocation and Blacklisting
1.4. Failure to adhere to the conditions stipulated in the solicitation permit e.g., solicitation activities beyond the area of coverage or violation on the mode of solicitation as indicated in the approved permit.	Suspension
1.5. Non-observance of the prescribed utilization ratio per Annex 20 — Fund Utilization Guide for Proceeds of Solicitation Activity	Non-renewal
1.6. Utilization of funds not in accordance to the proposed project proposal or work and financial plan (WFP)	Non-renewal
1.7. Failure to submit Utilization Plan or Utilization Report for identified Excess Funds	Non-renewal
1.8. Printing of tickets and other paraphernalia of the solicitation activity more than declared number without the approval of the DSWD	Suspension
1.9. Mobilization of clients/beneficiaries as part of the strategy or mechanism in the solicitation activity that is not stated in the project proposal	Revocation
1.10. Non-submission or incomplete submission of post-facilitation requirements	Non-renewal
1.11. Failure to distribute solicited funds even after the six (6) months grace period	Non-renewal
1.12. Failure to provide measures to remedy the cause of suspension despite of two (2) notices	Revocation and Non-renewal
1.13. Non-compliance to monitoring provisions	Revocation and Non-renewal
1.14. A verified complaint by an aggrieved party arising from damages or injury directly attributable to the execution of the activity for which the permit was issued	Revocation and Blacklisting
1.15. Violation of the Photolisting Policy and posting of personal information of clients/beneficiaries in any media including social media	Revocation and Blacklisting

 

XIII. PUBLIC SOLICITATION MANUAL

This guidelines shall be complemented by a Manual on Public Solicitation which further operationalizes the requirements, processes and procedures in the regulation and issuance of solicitation permit and monitoring of solicitation activities. Said manual shall also serve as the User's Guide for DSWD Offices and Staff.

XIV. APPROVAL OF THE MANUAL AND RESPONSE TO EMERGING ISSUES

As delegated by the Secretary, the concerned Undersecretary/Cluster Head shall have the authority to approve the Public Solicitation Manual including the prescribed forms and templates, and as necessary, instruct the Standards Bureau to revise the same.

Likewise, as necessary, the concerned Undersecretary/Cluster Head shall have the authority to issue Advisories or Clarificatory Memoranda on Public Solicitation to address emerging issues in the regulation of public solicitation, issuance of solicitation permits and monitoring of solicitation activities in coordination with the Office of the Secretary, the DSWD Field Offices and other concerned Offices, Bureaus, Units and Services. cHDAIS

XV. REPEALING CLAUSE

All other issuances inconsistent with the provisions of this Memorandum Circular are hereby revoked.

XVI.  SEPARABILITY CLAUSE

In the event that any provision of this Memorandum Circular is being held invalid or unconstitutional, other unaffected provisions shall remain valid.

XVII. EFFECTIVITY

This Guidelines shall take effect fifteen (days) after its filing at the University of the Philippines Law Center. However, its full implementation shall be upon the approval of the Manual on Public Solicitation.

Issued this 31st day of May, 2021 at Quezon City.

(SGD.) ROLANDO JOSELITO D. BAUTISTASecretary

ANNEX 1

Checklist of Requirements

ANNEX 2

DSWD-SB-PSF-001: Application Form

ANNEX 3

DSWD-SB-PSF-002 — Regional Permit Assessment Form

ANNEX 4

DSWD-SB-PSF-003 — National Permit Assessment Form

ANNEX 5

DSWD-SB-PSF-004: Project Proposal

ANNEX 6

DSWD-SB-PSF-005: Profile of Governing Board

ANNEX 7

DSWD-SB-PSF-006: Undertaking during State of Local Emergency/Calamity

ANNEX 8

DSWD-SB-PSF-007: Undertaking for Individuals during Disasters amidst State of National Emergency/Calamity

ANNEX 9

DSWD-SB-PSF-008: Undertaking: Corporations/Organizations

ANNEX 10

DSWD-SB-PSF-009: Board Resolution

ANNEX 11

DSWD-SB-PSF-010: Pledge of Commitment

ANNEX 12

DSWD-SB-PSF-011: Fund Utilization Report

ANNEX 13

Sample Barangay Certification

BARANGAY CERTIFICATION

TO WHOM IT MAY CONCERN:

This is to certify that ___________________ (Name of Person/Individual) of legal age is a certified resident of this Barangay and the specific purpose of securing the Endorsement or Certification is in relation for his/her application for solicitation permit along charitable or public welfare purposes for targeted beneficiaries, related to the Disaster Situations/State of National Emergency or Calamity

This certification is being issued upon the request of the above-named person for the purpose/s stated above.

Issued this _______ of ____________2020, at Barangay ____________

___________________________________

ANNEX 14

DSWD-SB-PSF-013 — Conforme Letter

CONFORME LETTER

_________________

Dear Ma'am/Sir ________________:

We wish to inform you that we have favorably approved your application for local/national fund drive campaign with Permit/Authority No. _____________, valid from ________________ to __________________ based on the following standards operating procedures:

1. Authority is granted to DSWD to access documents and premises to verify that the conditions of this permit are being met;

2. The authority to solicit is non-transferable and can only be used on the approved period/duration, methodology to be used are within the area covered by the application. Any changes in the address, methodologies being used and area of coverage, among others shall be immediately reported in writing; ISHCcT

3. At least one month before the expiry date of permit, the concerned DSWD Office shall be informed on the schedule of inventory/accounting of solicited funds. The latter shall witness the inventory and/or accounting of collected funds (applicable to donation box, coin banks and similar modes);

4. The total solicited funds shall be utilized and distributed to the intended beneficiaries in accordance with the approved work and financial plan;

5. Within sixty (60) days after the expiry date of permit, the following shall be submitted to the concerned DSWD-Field Office:

a) Notarized Fund Utilization Report

For non-government organization/agency or individual, notarized fund utilization report of its proceeds and expenditures sworn by the Agency Head and Treasurer or concerned individual who had applied for the said permit. For registered NGOs, said fund utilization report should be included in its Audited Annual Financial Report which shall be submitted to the concerned DSWD Field Office copy furnish Standards Bureau;

b) List of donors and their corresponding addresses and contact numbers and amount of donations, as applicable;

c) List of beneficiaries (either individual, LGU and/or institution) and the amount or types of assistance extended and their corresponding addresses and contact numbers (if applicable);

d) Expired original certificate authorizing the conduct of regional/national fund campaign;

6. The total solicited funds shall be utilized and distributed to the intended beneficiaries in accordance with the approved project proposal and shall follow the utilization ratio of not less than 80% for program expenses and not more than 20% for administrative expenses;

7. If the solicited funds are not yet fully distributed or utilized, a status report of the funds shall be submitted to concern DSWD Office within the said sixty (60) days until all the solicited funds are utilized, as the case may be. Then, the NGO or individual shall submit the post reportorial requirements as indicated in Item 5 of this conforme;

8. The distribution shall be in close coordination with the concerned DSWD Field Office;

9. The Solicitation Permit Number and the corresponding validity and expiry date of the permit shall be reflected in all public solicitation paraphernalia.

We look forward to your compliance with the above to maximize the use of solicited donations.

Very truly yours,

______________________

Conforme:

___________________________________

ANNEX 15

Process Flow 1 — Issuance of Regional Solicitation Permit under Normal Situation

 

ANNEX 16

Process Flow 2 — Issuance of Regional Temporary Solicitation Permit under Local State of Emergency

 

ANNEX 17

Process Flow 3 — Issuance of National Solicitation Permit under Normal Situation

 

Upon Receipt at the Standard Bureau, DSWD Central Office

 

ANNEX 18

Process Flow 4A — Issuance of National Temporary Solicitation Permit during State of National Emergency (Application Received by the Regional Office)

 

Upon Receipt at the Standards Bureau, DSWD Central Office

 

ANNEX 19

Process Flow 4B — Issuance of National Temporary Solicitation Permit during State of National Emergency (Application received by the Standards Bureau)

 

ANNEX 20

Fund Utilization Guide for Proceeds of Solicitation/Fund Raising Activities

Utilization of proceeds of solicitation or fund raising activities shall be according to the following Guide in the Utilization of Proceeds for Program and Administrative Expenses: CAacTH

 

AMOUNT OF PROCEEDS	ADMINISTRATIVE COST	PROGRAM COST	TOTAL
Proceeds equivalent to one (1) peso to five (5) million pesos (PhP1-PhP5,000,000)	30%	70%	100%
Proceeds equivalent to five (5) million and one pesos to ten (10) million pesos (PhP5,000,001-PhP10,000,000)	25%	75%	100%
Proceeds equivalent to ten (10) million and one pesos to twenty (20) million pesos (PhP10,000,001-PhP20,000,000)	20%	80%	100%
Proceeds equivalent to twenty million and one pesos to fifty million pesos (PhP24,000,001-PhP50,000,000)	15%	85%	100%
Proceeds equivalent to fifty (50) million and one pesos to one hundred million (100) million pesos (PhP50,000,001-PhP100,000,000)	10%	90%	100%
Proceeds equivalent to one hundred 100 million and one pesos and more (PhP100,000,001 and more)	5%	95%	100%