Department of Social Welfare and Development Secretary Esperanza Cabral has clarified that it is no longer necessary for the department to issue permit to carolers.
In a press statement, DSWD Cabral said “caroling as a form of solicitation during Christmas will not require DSWD permit.”
As stated by Administrative Code of 1987, DSWD has been mandated to regulate fund drives, public solicitations and donations for charitable or public purposes.
However, the DSWD no longer requires carolers to apply for permit with the department. Cabral explained that local governments and neighborhood associations have the right to issue their own ordinances regarding caroling.
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 DSWD.
Moreover, Executive Order No. 24, Series of 2001 provides the DSWD to authorize requests for the conduct of national fund raising campaigns.
On the other hand, the Local Government Code gives mayors the authority to regulate the holding of activities for any charitable and welfare purposes within their respective jurisdiction.
Citing these legal bases, 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 imprisonment of not more than one year or a fine of not more than P1,000 or both at the discretion of the court for those who are soliciting donations or conducting fund drives without proper permits. — Jasmin R. Uy/LPM