Q: Is there a law that regulates soliciting and receiving contributions for charitable or public welfare in the Philippines?
A: Yes, it is Presidential Decree 1564 or the “Solicitation Permit Law”, enacted on June 11, 1978. It is a fairly old law that’s rarely implemented but it could spell you some trouble if somebody goes after you for not following the law.
Q: What does the law say?
A: It says that any person, corporation, organization, or association who wish 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 Welfare and Development (DSWD).
Q: Does the law apply to an individual person who desires in his heart to solicit or receive contributions to help the needy in the community?
A: Yes, apparently the law does not distinguish whether you are a person, corporation, organization, or association, formally or informally organized.
Q: Why was this law enacted in the first place?
A: The primary purpose of the law is to regulate the solicitation of donations and voluntary contributions from the public sector in order to prevent illegal fund drives and unscrupulous persons or associations from profiting from a calamity situation or the misfortunes of others.
Q: I am interested in helping my less fortunate brothers and sisters in the community. Do I need to comply with the provisions of this law?
A: Not necessarily. Helping others per se does not automatically put you under the provisions of this law. You can still help others using your own resources. The law is very specific. It is only when you desire to solicit or receive contributions from other people that you fall under the provisions of this law.
Q: I do intend to solicit or receive contributions from other people for charitable purposes. What should I do then?
A: File a written application for a permit at the in the form prescribed by the Regional Offices of the DSWD, and pay the permit fees ranging from 500 to 1,000 pesos.
Q: Is there a penalty for not complying with this law?
A: Yes, any person found violating the provisions of PD 1564 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.
Q: What if the offender is a corporation, organization or association, who shall get penalized?
A: The penalty shall be imposed upon the guilty officer or officers of the corporation, organization or association.
Q: Are there any exceptions to this provision requiring permit from the DSWD?
A: Yes, under the Local Government Code of 1991, one need not get a permit from the DSWD if the charitable or welfare activity is confined within one city or municipality. But you still have to get a solicitation permit from the mayor of the city or municipality.
Q: What if I solicit contributions through the internet, like through my YouTube channel or my social media page or website, and I’m only helping a particular person or community located in one city, does that fall under the Local Government Code provision?
A: No, that is already considered under PD 1564 because the scope of your solicitation goes beyond a city or municipality, it being made through the world wide web. Remember that the essence of the law is to regulate soliciting or receiving contributions for charitable or welfare purposes.
Q: What does that mean?
A: It means that the law does not regulate helping people per se. It is only when you start to solicit or receive contributions from others that you come under the purview of this law. So even if your charitable activity of giving is done in only one city, but your solicitation activity goes beyond the city, as well as your funds come from people outside the city, then you fall under PD 1564.
