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PIA Press Release
2007/10/12

Good news to carolers: No need to secure DSWD permit - Secretary Cabral

Quezon City (12 October) -- With the Yuletide Season fast approaching, expect carolers knocking at your door singing festive Christmas tunes, in return for a "small donation."

Social Welfare and Development Secretary Esperanza I. Cabral clarified that "caroling as a form of solicitation during Christmas shall not require DSWD permit."

However, local governments and neighborhood associations have the right to issue their own ordinances regarding caroling, Secretary Cabral explained. This provision was clarified in the guidelines issued by DSWD on January 27, 1999 to its 16 Field Offices.

DSWD's role in regulating the solicitation activities of individuals and corporations is mandated by various laws and issuances. The first is Presidential Decree No. 1564 or the Solicitation Permit Law, which provides 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 concerned regional offices of the DSWD.

Reference is also made to the Administrative Code of 1987 (Executive Order No. 292) mandating the DSWD to regulate fund drives, public solicitations and donations for charitable or public purposes.

Moreover, Executive Order No. 24, series of 2001 provides the DSWD the authority to grant authorization or disapprove requests for the conduct of national fund raising campaigns.

On the other hand, R.A. 7160 otherwise known as the Local Government Code of 1991 gives the city and municipal mayors the authority to regulate the holding of activities for any charitable and welfare purposes within their respective jurisdiction, excluding prohibited games of chance or shows contrary to law, public policy and public morals.

Citing these legal bases, Secretary Cabral emphasized that, "the DSWD regulates the conduct of fund drives to ensure transparent and efficient management of funds solicited from the public by all government and non-government organizations and individuals, including national government agencies, government-owned and controlled corporations, state universities, chapters and affiliates of similar international organizations, operating in the Philippines.

The Solicitation Permit Law provides the penalty of imprisonment of not more than one (1) year or a fine of not more than one thousand pesos (P1,000), or both, at the discretion of the court for soliciting donations or conducting fund drives without the proper permits.

In applying for solicitation permits, wherein the solicitation activity will be conducted in one LGU, the application shall be directly filed at the office of the city or municipal mayor where the solicitation permit will be issued.

Meanwhile, the concerned DSWD Field Office shall issue the solicitation permit if the solicitation activity will serve two or more cities or municipalities within the region. (DSWD-Social Marketing Service) [top]

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