An Act Providing for Comprehensive Social Services for Individuals and Groups in Need of Assistance, Creating for This Purpose a Department of Social Welfare

REPUBLIC ACT No. 5416

An Act Providing for Comprehensive Social Services for Individuals and Groups in Need of Assistance, Creating for This Purpose a Department of Social Welfare

Be it enacted by the Senate and House of Representatives of the Philippine Congress Assembled:

Section 1. Short Title.— This Act shall be known as the Social Welfare Act of 1968.

Section 2. Declaration of Policy.— It is hereby declared that it is the responsibility of the Government to provide a comprehensive program of social welfare services designed to ameliorate the living conditions of distressed Filipinos particularly those who are handicapped by reason of poverty, youth, physical and mental disability, illness and old age or who are victims of natural calamities including assistance to members of the cultural minorities to facilitate their integration into the body politic.

Section 3. The Department of Social Welfare; its powers and duties.— There is hereby created a Department of Social Welfare, hereafter referred to as the Department, which shall develop and implement a comprehensive social welfare program consisting of (1) preventive and remedial programs and services for individuals, families and communities; (2) protective, remedial and developmental welfare services for children and youth; (3) vocational rehabilitation and related services for the physically handicapped, ex-convict and individuals with special needs; and (4) training and research and special projects.

The Department shall have the following powers and duties, among others:

Section 4. The Secretary and the Undersecretaries; their qualifications and compensation.— The Department shall be under the executive authority of a Secretary who shall be assisted by an Undersecretary for Program and an Undersecretary for Operation and Administration.

The Secretary and the two undersecretaries shall be appointed by the President of the Philippines with the consent of the Commission on Appointments.

The Secretary must have shown a demonstrated interest in social welfare and possess a working knowledge of public administration.

No person shall be appointed Undersecretary for Program unless he is a holder of a master's degree in social work, is duly registered to practice social work, and has at least seven years experience in the administration of social service programs, preferably in a public agency.

No person shall be appointed Undersecretary for Operation and Administration unless he possesses a working knowledge of public administration or social work and has at least seven years experience in administration of social welfare programs: Provided, That these requirements shall not be applicable to persons holding the position or detailed to discharge the duties of Deputy Administrator at the time of the enactment of this Act.

The Secretary and the Undersecretaries shall each receive an annual compensation at the rate fixed by law for department secretaries and undersecretaries.

Section 5. Functions of the Undersecretaries.— The Undersecretary for Program shall have the following functions, among others:

The Undersecretary for Operation and Administration shall have the following functions, among others:

Section 6. Bureaus under the Department.— The Department shall have executive control and administrative supervision over the Bureau of Family Welfare, Bureau of Child and Youth Welfare, Bureau of Vocational Rehabilitation, Bureau of Field Services and Bureau of Training, Research and Special Projects.

Section 7. Functions of the different bureaus.— (a) Bureau of Family Welfare.— The Bureau of Family Welfare shall have, among others, the following functions:

Section 8. Abolition of the Social Welfare Administration.— The Social Welfare Administration is hereby abolished, and the personnel, records, documents, supplies, equipment, priorities and existing balance of appropriations thereof are hereby transferred to the Department of Social Welfare: Provided, That no official or employee, who has satisfactorily served the Administration shall suffer a loss of employment or a reduction of salary or rank as a consequence of the abolition: And Provided, finally, That nothing in this provision shall be construed in any way to amend, repeal, alter, or modify the provision of Republic Acts Numbered Forty-three hundred and seventy-three and Fifty-one hundred seventy-five.

Section 9. Authority to receive grants and make direct purchase.— The Department is hereby authorized to receive grants, bequests, donations and trust funds made or given for the purpose of promoting or assisting social welfare services. Such grants, bequests and donations so received shall be exempted from taxes.

Any provision of law to the contrary notwithstanding but limited to the maximum prices paid by the Bureau of Supply Coordination and subject to the usual auditing and accounting rules and regulations, the Department of Social Welfare is hereby authorized to procure directly such equipment, materials and supplies needed in the implementation of all of the welfare programs pertinent and related thereto.

Section 10. Settlement and Revolving Fund.— The Department of Social Welfare is hereby authorized to establish a Settlement and Revolving Fund. All income accruing from such projects shall form part of said revolving fund, and that such shall be used exclusively for projects of bureaus concerned.

Section 11. Appropriation.— There is hereby appropriated out of any funds in the National Treasury not otherwise appropriated, the sum of three million pesos in addition to the present appropriation of the Social Welfare Administration, to carry out the purpose of this Act: Provided, That the sum should be utilized for programs and services according to need: Provided, finally, That not more than fifteen per cent shall be used for personnel services.

Section 12. Repealing Clause.— All laws, executive orders, administrative rules and regulations which are contrary or inconsistent with this Act are hereby repealed or modified accordingly.

Section 13. Separability Clause.— If for any reason any section or provision of this Act shall be held to be unconstitutional or invalid, no other section or provision of this Act shall be affected thereby.

Section 14. Effectivity.— This Act shall take effect upon its approval.

Approved: June 15, 1968.