To protect the public from unscrupulous solicitations, the Department of Social Welfare and Development (DSWD) supports the immediate enactment into law of House Bill No. 4650 which seeks to regulate the conduct of fund-raising and soliciting for any charitable activities.

Earlier this month, the Committee on Social Services of the House of Representatives has recommended for approval House Bill No. 4650 or the Public Solicitation Act, which aims to enhance mechanisms in conducting public solicitations, increase the share of proceeds allocated for intended programs and projects, as well as protect its beneficiaries from exploitation, and impose higher penalties for those who would violate the law.

House Bill No. 4650 was sponsored by Representatives Arturo Robes, Giorgidi Aggabao, and Josephine Ramirez-Sato.

DSWD Secretary Corazon Juliano-Soliman explained that the measure is relevant because it would also enable the government to effectively and efficiently monitor the use of funds generated from such activities.

Coverage, exemptions

The bill covers national government agencies (NGAs), government owned and controlled corporations (GOCCs), local government units (LGUs), non-government organizations (NGOs), including faith-based People’s Organizations and Civil Society Organizations, state colleges and universities.

It also covers chapters and affiliates of similar international organizations operating in the Philippines, which are partly or fully financed by funds solicited from or contributed by the public or private sectors.

Meanwhile, organizations and agencies created by law that specifically confer authority on these organizations and agencies to solicit or conduct fund campaign for charitable or public welfare purpose are exempted from application of a solicitation permit.

Likewise, caroling during festivals or celebrations as a form of solicitation and solicitation for the construction of a church, mosque or any structure of worship shall not be required a solicitation permit.

Prohibited acts

DSWD urges the public to be wary of unscrupulous solicitors.

“We need to be aware of the validity of various solicitations and fund-raising activities that we are called upon to support,” Sec. Soliman stressed.

These prohibited acts include soliciting without a valid permit from DSWD, the Provincial Social Welfare Development Office (PSWDO) or the City/Municipal Social Welfare Development Office (P/C/MSWDO); soliciting beyond the allowed area of coverage or violating the mode of solicitation as indicated in the approved solicitation permit; use of expired, falsified or tampered solicitation permit; and, use of the solicited funds other than the intended purpose.

Furthermore, using beneficiaries as part of the strategy or mechanism in conducting the solicitation activity; use of solicitation paraphernalia which portray a dehumanizing picture, information or situation of the intended beneficiaries; and, lottery and other games of chance where the source of prizes shall be taken from the proceeds of the solicitation activity are prohibited.

Penalties

When enacted into law, those found to violate this shall be punished with imprisonment of not less than one year but not more than three years or a fine of not less than P100,000 but not more than P500,000 or both, at the discretion of the court.

For the first offense, the solicitation permit of the individual, organization or agency shall be revoked and no permit shall be issued to them for a period of two years from the date of violation.

For the second offense, the individual, organization or agency shall be permanently banned from conducting solicitation activities. ###