s. No.

2587
H. No. 4536

~hJ1uhlir nf fqe l~nTiliJ1J1ines

~nugr~ss nf f4~ '4ilippiu~s

~frn ~n1tHlt

Begun and held in Metro Manila, on Monday, the twenty-fourth

day of July, two thousand six.

.
[ REpUBLICACT No. 9433]

AN ACT PROVIDING FOR A MAGNA CARTA FOR

PUBLIC SOCIAL WORKERS

Be it enacted by the Senate and House of Representatives

of the Philippines in Congress assembled:
SECTION 1. Title. - This Act shall be known as the
"Magna Carta .for Public Social Workers".

SEC. 2. Decla.ra.tion of Policy. - The State shall promote

and improve the social and econ~mic well-being of public
social workers, their living and working conditions, and terms
of employment. It shall develop their skills and capabilities
to make them more responsive to the needs and problems
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of their clients and better equipped in delivering social services SEC. 4. Coverage. - This Act shall cover all registered
and programs. The State shall likewise encourage those with social workers employed in government service.
proper qualifications and excellent abilities to apply and remain
in social dev~lopment work in the government service. SEC. 5. Recruitment and Qualifications. - The selection
and appointment of social workers shall be in accordance
SEC. 3. Definition of Terms. - As used in this Act, with the merit and fitness principle.
the following terms shall mean as follows:
All government social work agencies and institutions
(a) 'Social Work' - refers to the profession which helps shall be headed by reg'istered social workers except for
individuals, families, groups, and communities develop, cabinet and non-career positions. Priority shall be given to
-improve, maintain or restore their capability for coping with registered social workers in filling up social work positions
the demands of their environment, through the use of social in the government.
work methods and interventions;
SEC. 6. Merit Promotion and Career System. - A Social
(b) 'Registered Social Worker' - refers to a graduate of Work Management and Consultative Council shall be created
Bachelor of Science in Social Work or Master's Degree in Social to prepare a uniform career and personnel development plan
Work and who has passed the social work licensure applicable to public social workers. Such career and
examination; personnel development plan shall include provisione on merit
promotion, performance evaluation, in-service training grants,
(c) 'Public Social Worker' - refers to registered social job rotation, incentive awards system and other policies that
worker employed in the government service; govern the social security of the social workers.
(d) 'Public Social Welfare and Development Worker' - SEC. 7. Composition. - The Social Work Management
refers to those employed in government social welfare and and Consultative Oouncil shall be compos'ed of
development agencies; representatives of the DSWD, CSC, DILG, DOLE, Philippine
Association of Social Workers, Inc. (PASWI), Association of
(e) 'CSC' - refers to the Civil Service Commission; . Provincial/City and Municipal Social Welfare and
Development Officer of the Philippines, Inc. (APCMSWDOPI),
(f) 'DSWD' - refers to the Department of Social Welfare the League of Provinces, League of Cities and League. of
and Development; . Municipalities. The Secretary of the DSWD or his/her
representative shall be the head of the Council.
(g) 'DOLE' - refers to the Department of Labor and
Employment; SEC. 8. Classification of Social Work Personnel. - The
Social Work Management and Consultative Council shall
(h) 'DILG' - refers to the Department of the Interior and develop a career ladder and classification system for all social
Local Government; work positions in government service: Provided, That all
position classification shall carry Social Worker title.
(i) 'NLRC' - refers to the National Labor Relations
Commission; and SEC. 9. Code of Conduct. - All public social workers
shall be guided by the Social Work Code of Ethics as adopted
G) 'PRC' refers to the Professional Regulations by the Board of Social Work and as approved by the PRC
Commission. within six months from the effectivity of this Act.
4 5

SEC. 10. Normal Hours of Work. - The normal hours SEC. 13. Leave Benefits. - Public social workers shall
of ~ork of any public social worker shall not exceed eight be entitled to all leave benefits and privileges, such as but
hours a day or forty (40) hours a week. Hours of work shall not limited to maternity, paternity, vacation and sick leaves,
include: as provided for under existing laws: Provided, That upon
separation of the public social workers from service, they ,

(a) the time during which a public social worker is shall be entitled to all accumulated leave credits with pay.
required to be on active duty or to be at a prescribed
workplace; SEC. 14. Highest Basic Salary Upon Retirement. - Upon
retirement, a public social worker shall automatically be
(b) the time during which a public social worker is granted an increase of one salary grade higher .than his/her
permitted to work; or basic salary and hislher retirement benefits shall be computed
on the basis of hislher highest salary received.
(c) the time during which a public social worker is
required in a place other than prescribed workplace; SEC. 15. Other Benefits. - Aside from the 'benefits
received as required under existing laws and executive orders,
Provided, That, the time when a public social worker is the public social workers shall receive the following:
placed on 'On Call' status shall not be considered as hours
worked but sha11 entitle the public social worker to an 'On (a) Hazard Allowance - Public social workers and public
Call' pay equivalent to fifty percent (50%) of his/her regular social welfare and development workers assigned in remote and
wage. 'On Call' status refers to a condition when public social depressed areas, strife-torn or embattled areas, distressed or
workers are called upon to respond to urgent or immediate isolated stations, mental hospitals, leprosaria, areas declared
need or relief work during emergencies such that he/she cannot under a state of calamity or emergency which expose them
devote the time for hislber own use: Provided, further, That, to great danger, volcanic activity/eruption, occupational risks
no public social worker shall be placed in 'an-Call' status or threats to life shall be compensated with hazard allowance
beyond seven days per month. Public social workers can also equivalent to at least twenty per centum (20%) of the monthly
teach or. practice their profession after office hours. basic salary.

SEC. 11. Overtime Work. - Where the exigencies of the (b) Subsistence/Transportation Allowance - Public social
service so require, any public social worker may be required workers who are required to render services in communities,
to render service beyond the normal eight hours a day, institutions, hospitals and other social work establishments in
inclusive of Saturdays, Sundays or nonworking holidays. In order to make their services available at all times, shall be
such a case, the public social worker shall be paid an entitled to daily full subsistence allowance for three meals
additional compensation in accordance. with existing laws. which shall be computed according to prevailing circumstances.
Those assigned out of their regular work stations shall be
SEC. 12. Compensation. - The existing law on the salary entitled to per diem in place of this allowance. Actual
scale of government employees shall apply in determining the transportation allowance shall also be provided to public social
salaries of public social workers. In case of violati~ns of this workers on field work.
provision, the public social worker concerned shall file the
necessary complaint to the CSC or NLRC through the Social (c) Housing and Living Quarters Allowance - All public
Work Management and Consultative Council. social workers who are transferred to another assignment due
to the exigency of the service shall be entitled to free housing
within the agency concerned: Provided, 1'hat, if living quarters
are not available within the agency and the personnel has his!

I
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her residence outside of fifty (50) kilometers radius from such (e) Opportunities for continuing professional growth and
government facility, he/she shall receive a housing allowance, development.
and: Provided, further, That the rate of such housing
allowance shall be periodically adjusted for inflation. SEC. 18. Reassignment of Public Social Workers. - Except
in the interest of public service, no transfer or geographical
(d) Longevity Pay - A monthly longevity pay equivalent reassignment shall be made or effected without written notice
to five per centum (5%) of his/her latest monthly basic pay to a public social worker: Provided, That said written notice,
shall be paid to a public social worker for every five years stating the reasons for the reassignment, shall be made at
of continuous, efficient and meritorious service rendered as least thirty (30) days prior to the date of transfer or
certified by the chief of office concerned, commencing with the \ reassignment: Provided, further, That, if the public social
service after approval of this Act. worker believes that there is no justification for the transfer
I and/or reassignment, he/she may appeal his/her case to the
(e) Clothing Allowance - All public social workers shall CSC, which shall cause his/her transfer and/or reassignment
be entitled to a minimum of One thousand five hundred pesos to be held in abeyance: Provided, furthermore, That
(P1,500.00) clothing allowance annually, which amount shall reassignment coinciding with any local or national election
be adjusted as needed. shall be made in compliance with Election Code and other
existing laws and rules: Provided, finally, That the necessary
SEC. 16. Compensation From Injuries. - Public social expenses of the transfer and/or reassignment of the public
workers shall be protected against work-related injuries in social worker and his/her immediate family shall be paid for
accordance with the Labor Code and Civil Service Law, as by the agency concerned.
the case may be. Injuries incurred while doing overtime
work shall be presumed work-connected. SEC. 19. Married 'public Social Workers. -
VVhenever
possible, the proper authorities shall take steps to enable
SEC. 17. Rights of a Public Social Worker. - Public social married couples, both of' whom are public social workers, to
workers shall have the following rights: be employed or assigned in the same municipality, but not
in the same office: Provided, That it shall not apply to
(a) Protection from discrimination by reason of sex, married public social workers already assigned in the same
sexual orientation, age, political or religious beliefs, civil office at the time tIlls law takes effect.
. status, physical characteristics/disability, or ethnicity;
SEC. 20. Freedom from Interference or Coercion. - It
(b) Protection from any form of interference, intimidation, shall be unlawful for any person to commit any of the
harassment, or punishment, to include, but not limited to, following acts of interference or coercion:
arbitrary reassignment or termination of service, in the \
performance of his/her duties and responsibilities; (a) To intimidate or force a public social worker to
I submit valuable documents that will violate the principles of
(c) Join, organize, or assist organizations or unions for confidentiality of records agreed upon between him/her and
lawful purposes; the clientele groups: Provided, That the release of such
documents shall be approved by the clients concerned and
(d) Protection from any act that will prevent his/her from shall redound to their social well-being, and upon coutt order;
applying professional interventions that the client's situation
may require; and " (b) To prevent a public social worker from upholding and
applying the basic social work principles in carrying out the
8 9

programs and services for the target client groups of the social similar activities as part of their continuing professional
work agency; growth.

(c) To intimidate in order to encourage or discourage SEC. 22. Security of Tenure. - No public social worker
membership in any social work organization or union; holding a permanent position shall be terminated except for
cause: Provided, That, in the event the public social worker
(d) To prevent a public social worker from carrying out is found to be unjustly dismissed by the CSC or the NLRC;
hislher duties and functions in the social work organization as the case may be, helshe shall be entitled to reinstatement
or union or to penalize the public social worker for any without loss of seniority rights and backwages with twelve per
lawful action performed in that capacity; centum (12%) interest to be computed from the time hislher
compensation was withheld from himlher up to the time of
reinstatement.
(e) To make calculated harassment and interference
with the intention of intimidating or preventing the public
social worker from performing his duties and functions; SEC. 23. Implementing Rules and Regulations. - The
Social Work Management and Consultative Council, upon
(f) To make calculated harassment against, or, to consultation with the Ohairperson of the Senate Committee
transfer, penalize or terminate the services of a public social on Social Justice, Welfare and Rural Development and the
worker who is carrying out hislher advocacy function role for 'Chairperson of the House Committee on Social Services, shall
and in behalf of hislher clientele groups who are victims of formulate the necessary rules and regulations, not
social injustice. inconsistent with any provisions of this law, for the
implementation of the Magna Carta for Public Social
SEC. 21. Human Resource Development. - The DSWD Workers. The rules and regulations shall be promulgated
shall conduct a periodic human resource development and within six months from the effectivity of this Act.
management study in the following areas:
SEC. 24. Penal Provision. - Any person who shall
(a) Adequate facilities and resources to render quality wHlfully interfere with, restrain or coerce any public social
social service to their clientele; worker in the exercise of his/her rights or shall in any
manner commit any act in violation of any of the provisions
(b) Opportunities for public social workers to grow of this Act, upon conviction, shall be punished by a fine of
professionally and to develop their potentials and experience not less than Twenty thousand pesos (p20,OOO.OO) but not more
a sense of worth and dignity in their work; than Forty thousand pesos (p40,OOO.OO) or imprisonment of not
more than one year, or both, at the discretion of the court.
(c) Mechanism for democratic consultations; If the offender is a public official, tbe court, in addition to
the abovementioned penalties, may impose the additional
(d) Staffing patterns and standards of social work to penalty of disqualification from office.
ensure that the clients receive quality care;
SEC. 25. Separability Clause. - If any provision of this
(e) Upgrading of working conditions, reclassification of Act is declared unconstitutional or invalid, tbe remainder
positions and salaries of public social workers to correct the thereof not affected thereby shall continue to be in full force
disparity vis-a.-vis other professions; and effect.
"

(f) Allocation of funds for the participation of public SEC. 26. Repealing Clause. - All laws, ordinances, rules
social workers in seminars, conferences, conventions and and regulations, other issuances or parts thereof which are
 >;

10 ,
i

inconsistent with this law are hereby repealed or modified

accordingly.

SEC. 27. Effectivity. - This Act shall take effect fifteen

(15) days after its publication in at least two newspapers of
general circulation.

Approved,

SE DE VENECI~R.
Speaker of the HOllse
of Representatives

This Act which is a consolidation of Senate Bill No. 2587 and

House BillNo. 4536was finallypassed bythe Senate and the House
of Representatives on February 8, 2007 and February 7, 2007,
respectively.

~ B ~~AZARENO
Se °etaryGeneral

~ HJ us of Representatives

. Approved: APR11 2007

GLORIA
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