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R.A. 4373 5175 10847

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2K views12 pages

R.A. 4373 5175 10847

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socialbroadcast7
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© © All Rights Reserved
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Summary of R.A. 4373, R.A. 5175, R.A.

10847

R.A. 4373 "The Social Work Law”

An act to regulate social work practice in the Philippines and the operation of
Social Work Agencies in the Philippines and for other purposes

Article 1: Definition of Terms

Section 1.

a. Social work is the profession which is primarily concerned with


organized social service activity aimed to facilitate and strengthen
basic social relationships and the mutual adjustment between
individuals and their social environment for the good of the individual
and of society by the use of social work methods.
b. A "social worker" is a practitioner that has attained the academic
training and social work professional experience as defined by the
social work profession, through the use of basic methods and
techniques of social work.
c. A "social work agency" is a person, organization, private or
governmental, that engages mainly and generally in social welfare
work.

Article 2: Organization of the Board Examiners for Social Work

Section 2. Name and Composition of the Board Within Sixty Days After the
Approval of This Act. - composed of a Chairman and four members appointed
by the President of the Philippines with the approval of the Commision on
Appointments shall be:

- A citizen and resident of the Philippines;


- At least 30 years of age and of good moral character
- Possess a Master's Degree in Social Work coffered by a reputable
university
- Had at least 5 years of experience in the social work agency in the
case of a holder of a Bachelor's Degree in Social Work, or at least 2
years of experience in the case of a Master's Degree holder in Social
Work after receiving such degree.
- Be a registered social worker qualified to practice social work under
this Act
- Not a member of the faculty of the faculty of any school, college or
university at the time of appointment or have any direct or indirect
interest in such institution.
Section 3. Functions and Duties of the Board:

a. a. To administer the provisions of this Act;


b. b. To administer oaths in connection with the administration of this Act;
c. c. To prepare the official seal of the Board;
d. d. To issue, suspend, and revoke certificates of registration for the
practice of social work;
e. To look in the conditions affecting the practice of social work in the
Philippines and when necessary, adopt such measures for the
maintenance of good standing and ethics of the profession social work,
and;
f. To investigate violations of this Act or rules issued thereunder as may
come to the knowledge of the board.

Section 4. Term of Office

The board shall hold office for a term of 3 years or until their successors have
been appointed. Any vacancy occurring within the term of a member shall be
filled for the unexpired portion of the term only.

Section 5. Executive Officer and Secretary of the Board

The Commissioner of Civil Service shall be the Executive Officer of the Board
and he shall conduct the examinations given by it according to the rules and
regulations promulgated by the Board and approved by the President of the
Philippines. The members shall elect a Secretary among them, who shall
take charge of the records.

Section 6. Compensation of the Members

The Chairman and members of the Board shall each receive as


compensation the sum of ten pesos for each applicant examined.

Section 7. Removal of Board Members

Any member of the Board may be removed by the President of the


Philippines upon the recommendation of the Commissioner of Civil Service
for continued neglect of duty, incompetence, unprofessional, unethical,
immoral, or dishonorable conduct, for commission or toleration of
irregularities in the examination, after having been given the opportunity to
defend himself in a proper administrative investigation.

Section 8. Rules and Regulations


Subject to the approval of the President of the Philippines and with the
advice of the Commissioner of Civil Service and Board shall set ethical and
professional standards for the practice of social work in general, and adopt
such rules and regulations as may be necessary to carry out the provisions of
this Act. Such standards, rules and regulations shall take effect thirty (30)
days after publication in the Official Gazette.

Section 9. Annual Report

The Board shall submit an annual report to the President of the Philippines
and to Congress after the close of the fiscal year, giving a detailed account
of the proceedings of the Board during the year and embodying such
recommendations as the board may desire to make.

Article 3

Examination and Registration of Social Workers

Section 10. Practice of Social Work and Appointment as Social Workers

No person shall practice or officer to practice social work in the Philippines,


or be appointed as social worker without holding a valid certificate of
registration as a social worker issued by the Board of Examinees for Social
Workers.

Section 11. Holding of Examinations

All applicants for registration as social workers shall be required to undergo a


written examination which shall be given by the Board annually in Manila at
such time and place as may be fixed by it, subject to the approval of the
Commissioner of Civil Service and the President of the Philippines. Written or
printed notices of such examination shall be mailed to each candidate who
has filed his name and address with the Secretary of the Board at least thirty
(30) days prior to the date of the examination.

Section 12. Qualifications of Applicants

To be admitted to take the social work examination an applicant must be:

a. A citizen of the Philippines;


b. At least 21 years of age;
c. In good health and of good moral character
d. Has received a diploma as a holder of bachelor's degree or master's
degree or its equivalent in social work from an institution, college or
university duly accredited or legally constituted.
e. Has completed a minimum of 1,000 case hours of social work practice
under a direct supervision of a trained professional social worker.

Section 13. Scope of examination

The examination for the practice of social work in the Philippines shall consist
of a written test, the scope of which shall be determined and prescribed by
the Board, taking into consideration the curriculum of all the social work
courses offered in schools legally constituted in the Philippines. No change or
alteration shall be made within 2 years of the promulgation of the said
subjects. It is the duty of the Board to schedule the examinations and submit
the same to the President of the Philippines with the approval of the
Commissioner of Civil Service and publish the same, as approved and
published, at least three months before the schedule of the examination,
wherein, they are to be used.

Section 14. Rating in the Examination

In order to pass the examination, a candidate must obtain a general rating of


at least seventy percent in the written test, with no rating below fifty percent
in any subject.

Section 15. Reports of Results of Examination

The Board of Examiners for Social Workers shall, within one hundred twenty
days after the examination, report the ratings obtained by each candidate to
the Commissioner of Civil Service who shall, with his recommendation,
submit such ratings to the President of the Philippines.

Section 16. Oath of the Social Workers

All successful examinees shall be required to take a professional oath before


the Board or before any person authorized to administer oaths, prior to
entering upon the practice of social work in the Philippines.

Section 17. Issuance of Certificates

Certificates of registration as a social worker shall be issued to all applicants


who pass the examination, after approval of her or his ratings by the
President of the Philippines, and upon payment of the required fees. The
issuance of a certificate of registration by the Board to the registrant shall be
evidence that the person named therein is entitled to all the rights and
privileges of a registered social worker until said certificate, for just cause, is
revoked temporarily or canceled.
Section 18. Registration by Reciprocity

A certificate of registration may be issued without examination to a


registered social workers registered under the laws of a foreign country.
Provided, that the requirements for the registration in the said country are
the subsequently the same as those required and contemplated in this Act.
The laws of such state or country grant the same privileges to Filipino social
workers on the same basis as the subject or citizens of such foreign state or
country.

Section 19. Fees for Examination and Registration.

Applicants of the examination shall pay the fees of 50 pesos. Successful


applicants shall pay the registration fee of 30 pesos. All such fees shall be
paid to the disbursing officer of the Civil Service Commission.

Section 20. Refusal to Issue Certificates in Certain Cases

The Board of Examiners for Social Workers shall refuse to issue a certificate
of registration to any person convicted by a court of competent jurisdiction of
any criminal offense involving moral turpitude, and to any person guilty of
immoral or dishonorable conduct, or to one of unsound mind or suffering
from an incurable or infectious disease. The Board shall give the applicant a
written statement setting forth the reason or reasons for its action, which
statement shall be incorporated in the records of the Board.

Section 21. Revocation and Suspension of Certificates

The Boards shall also have the power to revoke or suspend the validity of a
certificate of registration of a social worker for any of the causes such as,
unprofessional conduct, malpractice, incompetency, or serious ignorance of
or negligence in the practice of social work, or for making use of fraud,
deceit or falsity to obtain a certificate of registration. Certificates of
registration shall be revoked only after due notice and hearing.

Section 22. Reissuance of Revoked and Replacement of Lost Certificates

The Board may, for reasons of equity and justice, and upon proper
application and explanation therefore, issue another copy of the certificate
upon payment of ten pesos. A new certificate of registration to replace any
certificate lost, destroyed, or mutilated may be issued subject to the rules of
the Board upon payment of ten pesos (₱10.00).
Article 4

Registration of Social Work Agencies

Section 23. Registration with the Social Welfare Administration

No social work agency as defined herein shall separate and be accredited as


such unless it shall first have registered with the Social Welfare
Administration which shall then issue the corresponding registration
certificate. Before any social work agency shall be duly registered, the
following requirements must have been complied with to the satisfaction of
the Social Welfare Administrator:

- The applicant must be mainly or generally engaged with social works


- That the applicant has employed a sufficient number of duly qualified
and registered social workers to supervise and take charge of its social
work function in accordance with accepted social work standards;
- That the applicant must show in a duly certified financial statement
that at least sixty percent of its funds are disbursed for direct social
work services; and
- That the applicant keeps a social work record of all cases and welfare
activities handled by it.

Section 24. Financial Aid by the Government Agency or Instrumentality

No government agency or instrumentality shall give financial or other aid to


any social work agency unless the agency has been duly registered with the
Social Welfare Administration in accordance with the preceding section.

Section 25. Revocation of Certificate of Registration

The Certificate of Registration issued to any social work agency may be


revoked if, after due investigation, the Social Welfare Administration finds,
that it has failed to perform the function as social work agency, or it has
violated existing laws, rules and regulations.

Article 5

Sundry Provisions Relative to the Practice of Social Work

Section 26. Penal Provisions

The following shall be punished by a fine of not less than five hundred pesos
nor more than two thousand pesos, or imprisonment for not less than one
month nor more than two years, or both, in the discretion of the court;
a. Any person who shall practice or offer to practice social work in the
Philippines without being registered or exempted from registration in
accordance with the provisions of this Act;

b. Any person representing or attempting to use as his own, the certificate of


registration of another;

c. Any person who shall give any false or fraudulent evidence of any kind to
the Board or any member thereof in obtaining a certificate of registration as
a social worker;

d. Any person who shall impersonate any registrant of like or different name;

e. Any person who shall attempt to use a revoked or suspended certificate of


registration;

f. Any person who shall in connection with his or her name, otherwise
assume, use or advertise any title or description tending to convey the
impression that he or she is a social worker without holding a valid
certificate;

g. Any person who shall violate any provision of this Act;

h. Any person, corporation or entity operating as a social work agency


without the corresponding Certificate of Registration issued by the Social
Welfare Administration.

Section 27. Separability Clause

If any provision of this Act or the application of such provision to any person
or circumstances is declared invalid, the Act or the application of such
provision shall not be affected by such declaration.

Section 28. Repealing Clause

All Acts, executive orders, rules and regulations or part thereof inconsistent
with the provisions of this Act are hereby repealed.

Section 29. Effectivity

This Act shall take effect upon approval.

R.A. 5175
An Act to Amend Republic Act Numbered 4373, Entitled "An Act to
Regulate the Practice of Social Work and the Operation of Social
Work Agencies in the Philippines and for Other Purposes"

Section 1. Subparagraph (a) of section 1 of the Republic Act No. 4373 is


hereby amended to read as follows;

A change was made in the sentence, from “social adjustment between


individuals” it was changed to “mutual adjustment between individuals.

Section 2. Subparagraph (c) of Section 2 was amended:

"(c) Possess a Master’s Degree in Social Work (M.S.S.W., M.S.S., M.A.S.W., or


its equivalent) conferred by a reputable school, college or university duly
recognized by the government, and also by a duly accredited school, college
or university abroad."

Section 3. Section 10 of the same act is amended to read as follows:

The amendments update the definition of social work, require a Master's


degree to be a registered social worker, and allow those with 10+ years of
experience but lacking a Master's to continue practicing until retirement if
they file affidavits.

Section 4. Section 12 of the same act is amended to read as follows:

Section 12: Qualifications of Applicants:

"(a) He or she is a citizen of the Philippines;

"(b) He or she is at least twenty-one years of age;

"(c) He or she is in good health and is of good moral character;

"(d) He or she has received a diploma as holder of a bachelor’s degree or


master’s degree or its equivalent in social work from an institution, college or
university duly accredited and legally constituted: Provided, That the
provisions of Republic Act Numbered Twenty-two hundred and sixty insofar
as cultural minorities are concerned be applied; and

"(e) He or she has completed a minimum period of one thousand case hours
of practical training in an established social work agency under the direct
supervision of a fully trained and qualified social worker."

Section 5. Subparagraph (h) of Section twenty-six of the same Act is hereby


repealed.1avvphi1
Section 6. Subparagraph (i) of Section twenty-six of the same Act is hereby
re-designated as subparagraph (h).

Section 7. This Act shall take effect upon its approval.

R.A. 10847

AN ACT LOWERING THE AGE REQUIREMENT FOR APPLICANTS TAKING


THE BOARD EXAMINATION FOR SOCIAL WORKERS, PROVIDING FOR
CONTINUING SOCIAL WORK EDUCATION, AND UPGRADING THE
SUNDRY PROVISIONS RELATIVE TO THE PRACTICE OF SOCIAL WORK

Section 1. SEC. 2. Name and Composition of the Board. – There shall be


created a Professional Regulatory Board for Social Workers, hereinafter
referred to as the Board, under the administrative control and supervision of
the Professional Regulation Commission, hereinafter referred to as the
Commission, composed of a Chairperson and four (4) members who shall be
appointed by the President of the Philippines from a list of three (3)
nominees for each position submitted by the accredited integrated
professional organization (AIPO) for social workers and ranked by the
Commission, and who, at the time of their appointment shall:

(The requirements for the Board remain the same.)

Section 2. Section 12 of the same Act is hereby amended:

“SEC. 12. Qualification of Applicants.

(b) Be at least 18 years of age;

(d) Have a bachelor’s degree or masteral degree or its equivalent in social


work from an institution, college, or university duly accredited and legally
constituted: Provided, That, the provisions of Republic Act Numbered Twenty
– Two Hundred and Sixty (R.A. No. 2260), otherwise known as the Civil
Service Act of 1959, as amended, insofar as cultural minorities are
concerned, shall be applied; and

(e) Have completed a minimum period of one thousand (1,000) case hours of
practical training in an established social work agency under the direct
supervision of a fully trained and qualified social worker: Provided, That, in
the institution, college, or university’s undergraduate program, the academic
courses preceded the required field practice of one thousand (1,000) case
hours: Provided, further, That, the required field practice complies with the
social work curriculum approved by the Commission on Higher Education
(CHED) and the Board.”
Section 3. The same Act is hereby amended by inserting Sections 26, 27
and 28 on Continuing Professional Development (CPD), Integration of the
Social Work Profession and the Issuance of Special Temporary Permit (STP),
respectively:

“Section 26. Continuing Professional Development (CPD) - All social workers


must provide proof of earning 45 units of continuing CPD courses given by
any CPD provider accredited by any CPD Council for social workers as a
requirement for renewal of professional identification card of social workers.

All local government units (LGUs) and employer organizations shall allocate
the necessary funding to support the professional development of social
workers under their employ, regardless of employment status, for the
purpose of complying with the CPD requirement.”

“SEC. 27. Integration of the Social Work Profession. – All registered and
licensed social workers shall be united and integrated into 1 national
organization which shall be accredited by the Board, subject to the approval
of the Commission, as the AIPO for social workers. All registered and licensed
social workers shall become members of the AIPO and shall consequently be
entitled to all the benefits and privileges upon payment of the required fees
and dues. Membership in the AIPO shall not be a bar to membership in any
other professional organization.”

“SEC. 28. Issuance of Special Temporary Permits. – Special Temporary


Permits (STPs) may be issued by the Board, subject to the approval of the
Commission and payment of the prescribed fees, to any of the following:

(a) Foreign social workers called by the Philippine Government for a specific
public purpose or project;

(b) Foreign social workers to be employed by any domestic private


firm/establishment;

(c) Foreign social workers to be engaged as professors or lecturers in a


higher educational institution or university for the enhancement of the social
work education in the country; and

(d) Foreign social workers, including volunteers, whose services are engaged
during disasters, calamities, or any emergency cases as may be determined
by the Board.

The STP shall provide (1) that the practice of the foreign social worker must
be limited to the particular work which the foreigner is involved (2) The STP
is valid for 1 year only (3) the practice of the foreign social worker shall be
subject to the applicable domestic laws and regulations.

Section 4. Sections 23 and 26 of the same Act are hereby likewise amended
as follows:

“Section 23: Registration with the Department of Social Welfare and


Development. No social welfare and development agency, as defined herein,
shall operate and be accredited as such unless it shall first have registered
and secured a license with the Department of Social Welfare and
Development which shall then issue the corresponding registration
certificate and license to operate.

Requirements of the agencies to be accredited:

(1) That the applicant must be engaged mainly or generally in social welfare
and development activities;

(3) That the applicant must show in a duly certified financial statement that
at least seventy percent (70%) of its funds are disbursed for direct social
work services

“Section 29. Penal Provisions- The following shall be penalized with a fine of
not less than one hundred thousand pesos (P100,000.00) but not more than
two hundred thousand pesos (P200,000.00), or imprisonment for not less
than six (6) months but not more than two (2) years, or both, at the
discretion of the court:

Rules (a) to (g) was the same as R.A. 4373.

(h) Any person or corporate body who shall violate the rules and regulations
of the Board or orders promulgated by it, for the purpose of carrying out the
provisions of this Act.

Any person, corporation or entity operating as a social welfare and


development agency, without the corresponding valid Certificate of
Registration and License to Operate issued by the Department of Social
Welfare and Development shall be penalized with a fine of not less than
(P100,000.00) but not more than (P500,000.00) and/or imprisonment for not
less than (1) year but not more than (3) years, at the discretion of the court.
These penalties shall be without prejudice to the seizure of equipment,
instruments and other facilities of the social welfare and development
agency.”

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