Guidelines on Public Solicitation

May 4, 2016

DOTC DEPARTMENT ORDER NO. 011-16

 

This order shall establish standards and guidelines relating to the grant of authority to solicit funds or donations from the public on behalf of the Department for purposes related to the mandate of the Department of Transportation to promote, develop and regulate dependable and coordinated networks of transportation systems as well as in the fast, safe, efficient and reliable transportation services. The same is to ensure that funds are properly utilized for the intended purpose and beneficiaries and that proper accountability is established at all times. ATICcS

I. Definition of Public Solicitation

Public solicitation refers to any program, project or activity intended to generate funds, goods, or other assistance from the public sectors for charitable or public welfare purposes related to the mandate of the Department to promote, develop and regulate dependable and coordinated networks of transportation systems as well as in the fast, safe, efficient and reliable transportation services. The following are methods of public solicitation covered under this Guidelines:

1. Written requests, such as letters of appeal, printed envelopes, cards and similar forms;

2. Campaigns through mass media, such as through television, cinema, radio, magazine, newspapers, billboards, and others;

3. Publication, distribution, circulation, or posting of written advertisements;

4. Sale of goods such as souvenir items, rummage sale materials, printed materials, and the like;

5. Benefit shows, concerts, fashion shows, and other forms of entertainment shows;

6. Distribution or leaving of donation boxes, coin banks, and the like; or

7. Other methods that may be allowed by the Department of Social Welfare and Development.

II. Authority to Conduct Public Solicitation

1. All public solicitation on behalf of the Department for any program, project or activity shall be authorized by the Secretary or his duly authorized representative. TIADCc

2. Public Solicitation on behalf of the Department will only be resorted to when no funds are available for the program, project or activity and upon the condition that the said program, project or activity is included in the annual plans and programs of the Department.

3. The authority granted shall automatically expire within six (6) months from date of issuance or upon completion of the program, project or activity, whichever is earlier.

4. The said authority is subject to relevant laws and regulations pertaining to public solicitation, donation and the usual government accounting and auditing rules.

III. Allocation, Accounting and Monitoring of Proceeds

1. Not more than ten percent (10%) of the total proceeds from public solicitation activities shall be allocated to and expended for administrative costs. The remaining ninety percent (90%) shall be distributed to or utilized entirely for programs, project and activities directly benefitting the same and shall be received by the named beneficiaries.

2. Unless the end-user or proponent of a program, project or activity establishes compliance with the reportorial requirements as provided herein, no authority to conduct public solicitation for funds shall be subsequently issued.

3. Funds collected during the conduct of public solicitation on behalf of the Department shall be deposited to the Department's Treasury Division. For donations in kind or property, the same shall be under the custody and responsibility of a bonded officer.

4. The said funds shall be subject to the monitoring or validation of report by the Accounting Division and the usual accounting and auditing rules.

5. The concerned office or proponent of the program, project or activity shall submit to the Office of the Secretary within sixty (60) days after the expiration of the authority, a report signed and sworn to by at least two (2) authorized members of the office in charge of the program, project or activity, indicating whether such permit was used or not. If the activity authorized under the authority was undertaken, the following documents shall be submitted:

a. Fund utilization report of the amounts solicited and expenditures;

b. List of donors indicating their corresponding addresses, contact numbers, and amount of donation;

c. List of beneficiaries indicating their corresponding addresses, contact numbers, and amount or type of assistance received; AIDSTE

d. List of programs, projects and activities undertaken and completed with an indication of their location and cost; and

e. Approved authority to conduct the public solicitation.

 If the program, project and activity was not undertaken for which an authority was issued/approved, the following shall be submitted:

a. Justification for not conducting or not completing the solicitation activity within the validity period; and

b. Expired authority to conduct the public solicitation.

IV. Prohibited Acts

The following acts are prohibited under this Guidelines:

1. Soliciting without the necessary authority to conduct the public solicitation;

2. Soliciting beyond the allowed area of coverage for the solicitation activities or through unapproved modes of solicitation, as indicated in the approved authority to conduct the public solicitation;

3. Using falsified or tampered authority;

4. Using the Department's logo or the Department's sectoral office or attached agency's logo, without authority, in the conduct of public solicitation;

5. Soliciting under an expired authority;

6. Using solicited funds for purposes other than those intended or indicated in the authority;

7. Using clients or beneficiaries in conducting solicitation activities;

8. Using proceeds from solicitation activities to finance lottery games, games of chance, or such other activities that are contrary to law, public policy, and morals;

9. Using solicitation paraphernalia that portray dehumanizing pictures, information, or situations of the intended beneficiary; and

10. Conduct of solicitation activities during election period.

V. Effectivity

This Guidelines shall take effect immediately. All other previous order/s and issuance/s that are inconsistent herewith are deemed revoked and/or superseded accordingly.

For strict compliance.

(SGD.) JOSEPH EMILIO AGUINALDO ABAYASecretary