WHEREAS, the Solicitation Permit Law (ACT 4075) was enacted on October 27, 1933, and within the forty-three years of its effectivity substantial social and economic changes have taken place in our country so much so that said law is no longer attuned to present conditions;

WHEREAS, it has become customary and traditional for all duly organized private and semi-government entities, associations and organizations to enjoin the cooperation and support of the public in the various civic activities and projects which they undertake from time to time;

WHEREAS, the people's "bayanihan" spirit will be further enhanced or promoted if they are directly or indirectly involved in all charitable and public welfare activities; and

WHEREAS, there is an imperative need to give legal sanction and to regulate the solicitation of donations and voluntary contributions from the public sector in order to obviate illegal fund drives;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree and order as follows:

SECTION 1. This decree shall be known as the Solicitation Permit Law.

SEC. 2. 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 Regional Offices of the Department of Social Services and Development as provided in the Integrated Reorganization Plan. Upon the filing of a written application for a permit in the form prescribed by the Regional Offices of the Department of Social Services and Development, the Regional Director or his duly authorized representative may, in his discretion, issue a permanent or temporary permit or disapprove the application. In the interest of the public, he may in his discretion renew or revoke any permit issued under Act 4075.

SEC. 3. The Regional Director of the Department of Social Services and Development may require the person, corporation, organization or association duly authorized to solicit contributions for the above-mentioned purposes to submit from time to time a verified report or information regarding their activities, the period covered by the report, the collections and expenditures made and the names and addresses of the contributors and poisons to whom assistance was rendered from the funds obtained. This report or information shall be open for inspection of the general public. The Regional Director or his duly authorized representative may, for the protection of the public, likewise investigate the books, papers, affairs and activities related to the aforestated purposes of any such person, corporation, organization, or association: Provided, however, That the provisions of Section 2 of this Decree shall not apply to any organization or institution established for charitable or public welfare purposes in its campaign for raising funds or soliciting public subscriptions or any means for collecting funds which has been authorized by Executive Proclamation.

SEC. 4. Upon approval of the application for a solicitation permit, a fee of Twenty-Five Pesos (P25.00) shall be paid to the cashier of the Department of Social Services and Development. The money collected as fee for the issuance of solicitation permits shall accrue to the Department as aid for the maintenance of its institutions and social services for its clientele.

SEC. 5. The Secretary of the Department of Social Services and Development shall develop programs and services for the needy and promulgate rules and regulations for the implementation of this Decree.

SEC. 6. Any person found violating the provisions hereof or the rules and regulations promulgated pursuant hereto shall, upon conviction, suffer the penalty of imprisonment of not more than 1 year or a fine of not more than P1,000.00 or both such imprisonment and fine, at the discretion of the court: Provided, however, That if the offender is a corporation, organization or association, the penalty shall be imposed upon the guilty officer or officers of the corporation, organization or association; and if such guilty officer is an alien, he shall be deported after serving sentence without further proceedings.

SEC. 7. This Decree shall take effect immediately.

Done in the City of Manila, this 11th day of June, in the year of Our Lord, nineteen hundred and seventy-eight.

 

(Sgd.) FERDINAND E. MARCOS
President of the Philippines

   

 

By the President:    

(Sgd.) JACOBO C. CLAVE  

  Presidential Executive Assistant