UNIT TITLE:

Overview of Social Welfare Laws Relevant to Social Work Practice

TITLE OF THE LESSON:

The Concept of Social Justice

DURATION: 3 hours

Introduction

This lesson provides a comprehensive discussion of the concept of justice from

the viewpoint of Filipinos and its comparison with the justice introduced by Western
civilization. Social justice in the Philippine legal system will also be explained through the
use of jurisprudence provided for by the Supreme Court.

Objectives/Competencies

General: To relate the principle of social justice with the social work profession.

Specific:
a. To distinguish the difference of the Western concept of justice from the Filipino
concept of justice;
b. To identify the development of the meaning and concept of social justice in the
Philippines.

LESSON 2:
THE CONCEPT OF SOCIAL JUSTICE

I. The Concept of Justice

Justice came from the Latin word “Justitia” meaning “right” or “law”. According to
some notable authors, the relationship between law and justice can be traced its roots
back to antiquity. A good law is one that aligns with the principle of justice and fairness.

Aristotle described justice as “giving everyone his due” (Tabucanon, 2011). It is

said that if a man was deprived of something he deserved, this can be the cause of some
problems like crimes and may bring disorder to the society as a whole. Aristotle continued
that a just person is one who gives every one his due. In contrast, an unjust person takes
undue advantage for himself, adversely affecting the rights of others (Tabucanon, 2011).
There was an injustice when an employer refused to pay the proper compensation of an
employee for a day of work. There would be an injustice if an owner of a real property
expropriated in the exercise of eminent domain be denied of his right to the payment of
just compensation. There would be an injustice if an accused were not given a day in
court. There is injustice if lawyers refuse to render legal services to their clients after
receiving attorney’s fees. There is injustice when a person is unjustly enriched at the
expense of another. Justice is not served if a case is won through mere technicalities and
not on its merit. Therefore, the principle that every person must be given his due is the
basis of all kinds of “peace and order.”

According to Diokno (1987), our political institutions, laws, and even the
educational system are all copied from Western patterns. Interestingly, most of the
Philippine laws are derived from Western civilization, mainly Roman law (Suarez, 2017).
Roman law scholars initially use many principal tenets and maxims found in law books.
Some of which are the following:

1. Ignoratia legis non excusat – means ignorance of the law

excuses no one.
2. Salus populi est suprema lex – means the welfare of the
people is the supreme law of the land.
3. Dura lex sed lex – means the law may be harsh but it is the law.
4. Nullum crimen nullum poena sine lege – means there is no
crime if there is no law punishing it.
5. Genus nunquam perit – generic thing never perishes.

It can now be deduced that the concept of law and justice of the Western world
practically applies to our jurisdiction. The principle of justice already mentioned earlier
can be found in some of the provisions of the Civil Code, to wit:

“Every person must, in the exercise of his rights, and in the

performance of his duties, act with justice, give everyone his due, and
observe honesty and good faith” (Article 19, Civil Code of the
Philippines).

“Every person who through an act of performance by another, or

any other means, acquires or comes into possession of something at
the expense of the latter without just or legal ground, shall return the
same to him” (Article 22, Civil Code of the Philippines).

“Every person shall respect the dignity, personality, privacy, and

peace of mind of his neighbors and other persons. The following and
similar acts, though they may not constitute a criminal offense, shall
produce a cause of action for damages, prevention, and other relief:

(1) Prying into the privacy of another’s residence;

(2) Meddling with or disturbing the private life or family relations

of another;
 (3) Intriguing to cause another to be alienated from his friends;

(4) Vexing or humiliating another on account of his religious

beliefs, lowly station in life, place of birth, physical defect, or
other personal condition” (Article 26, Civil Code of the
Philippines).

The recognition of the Western idea of justice seems to be dominant in our laws.
However, it must be noted that the European idea of justice is separate and distinct from
that of equity.

There are some instances when the law becomes unjust because if it is applied
harshly to all, it will defeat the purpose of serving justice to everyone. This is because the
law is usually applicable for all (universal/general), and there are situations when the
literal application of the law will result in injustice instead of justice (Tabucanon, 2011).
For Aristotle, equity is the “rectification of law” as the law may be defective if it will be
applied in its general sense. Equity must be resorted to attain justice. Therefore, the
Western concept of justice is different from equity. This is how the Filipino concept of
justice is different and unique from its Western counterpart.

I (a). The Filipino Concept of Justice

According to Diokno (1987), the Filipino concept of justice can be introduced

through language and history. The word justice can be appropriately translated in Filipino
as “Katarungan.” Cebuanos, Tagalogs, Ilonggos, and Kapampangans commonly share
on the word katarungan in referring to justice. Katarungan came from the word “tarong.”
It is a Visayan word which means upright, correct, appropriate, and straight. Therefore,
Filipino justice means rectitude, righteousness, doing what is morally right or appropriate.
Moreover, since justice includes doing what is morally right, it also includes the concept
of equity. Interestingly, Filipinos do not have a native word for equity.

In discussing the concept of justice, it is essential to include other Filipino concepts

like Karapatan. Karapatan is a Tagalog word for right or that moral or legal entitlement to
have or obtain something. The root word of karapatan is “dapat” which means correct,
appropriate, or fitting: this is a word closely related to tarong. Therefore, the Filipino
concepts of justice and rights are intimately related.

Remarkably, “Tuwid” is a Tagalog word closely synonymous with the Visayan word
tarong. However, Tagalogs still prefer using the word tarong in referring to justice. They
use tuwid or katuwiran to mean “explanation,” “reasoning,” or “argument,” but not
necessarily right or appropriate. Therefore, Filipinos are conscious that not all “katuwiran”
are just or “makatarungan.”

The Filipino word for law is “batas” which means a mandate, command, or a
regulation. This has a very different connotation from the meaning and origin of
katarungan. The Filipino language makes a clear distinction between justice and law. This
could be rooted in the consciousness of the Filipino that what is legal may not always be
just.

Consequently, based on the etymology of these words, we can conclude that there
is a Filipino concept of justice. It is characterized as one which is highly moral and
intimately related to the concept of right. Filipino justice includes and embraces the
concept of equity.

Diokno (1987) also discussed the concept of Social Justice in connection with the
continuous battle of the Filipino people for regaining dignity against foreign invaders and
despotic governments run by Filipinos. According to him, social justice is a coherent,
intelligible system of law, enacted by a legal government freely chosen by the people and
which shall implement fairly and equitably those laws through courageous, honest,
impartial, and competent law enforcers along with the legal professionals and an
independent judiciary.

This legal system shall respect the rights and freedoms of the citizens; exert effort
to repair social injustices; develop a self-sustaining economy that must provide an
improving standard of living for all, and a procedure of adequately maintaining the
abovementioned ideals.

II. The Concept of Social Justice

The 1987 Philippine Constitution recognizes the idea of social justice. The reading
of its provisions can appreciate it:

“The State shall promote a just and dynamic social order

that will ensure the prosperity and independence of the nation and
free the people from poverty through policies that provide
adequate social services, promote full employment, a rising
standard of living, and an improved quality of life for all” (Article II,
Section 9, 1987 Philippine Constitution).

“The State shall promote social justice in all phases of

national development” (Article II, Section 10, 1987 Philippine
Constitution).

“The Congress shall give highest priority to the enactment

of measures that protect and enhance the right of all the people to
human dignity, reduce social, economic, and political inequalities,
and remove cultural inequities by equitably diffusing wealth and
 political power for the common good” (Article XIII, Section 1, 1987
Philippine Constitution).

“The promotion of social justice shall include the

commitment to create economic opportunities based on freedom
of initiative and self-reliance” (Article XIII, Section 2, 1987
Philippine Constitution).

In consonance with the duty of the State as the protector of the rights of the people,
Congress enacts laws that provide aid and assistance to particular segments of the
society. This is legally called “social legislation.” Article XIII of the Constitution specifies
specific sectors of society to which the legislature must give priority, namely, labor,
agrarian reform, urban land reform and housing, protection of women, people’s
organizations, and protection of human rights. The controlling principle regarding the
ways to achieve social justice is given in the last sentence of Paragraph 1, Section 1,
Article XIII – “by equitably diffusing wealth and political power for the common good.” The
principle is clear. Social justice is the reduction of inequality or the removal of inequity.

II (a). The case of Calalang v. Williams

Social justice as a legal principle finds its definition not only from the Constitution
but also from jurisprudence such as in Calalang v. Williams [G.R. No. 47800 (1940)].

This case is about Mr. Maximo Calalang, who questioned the constitutionality and
legality of traffic regulation in the City of Manila, which prohibits animal-drawn vehicles or
calesas from plying in some of its streets. The Supreme Court sustained the validity of
the traffic ordinance ratiocinating that under the State’s proper exercise of police power,
the rights of the people to their life, liberty, or property may be regulated by the
government, especially if that law is enacted for the benefit of the more significant number
of people. Accordingly, the exercise of police power is based on the principle of social
justice. The Supreme Court, under the penmanship of Justice Jose P. Laurel, defined
social justice as:

“Social justice is "neither communism, nor despotism, nor

atomism, nor anarchy," but the humanization of laws and the
equalization of social and economic forces by the State so that justice
in its rational and objectively secular conception may at least be
approximated. Social justice means the promotion of the welfare of all
the people, the adoption by the Government of measures calculated
to insure economic stability of all the competent elements of society,
through the maintenance of a proper economic and social equilibrium
in the interrelations of the members of the community, constitutionally,
through the adoption of measures legally justifiable, or extra-
constitutionally, through the exercise of powers underlying the
 existence of all governments on the time-honored principle of salus
populi est suprema lex.

Social justice, therefore, must be founded on the recognition of the

necessity of interdependence among divers and diverse units of a
society and of the protection that should be equally and evenly
extended to all groups as a combined force in our social and economic
life, consistent with the fundamental and paramount objective of the
state of promoting the health, comfort, and quiet of all persons, and of
bringing about "the greatest good to the greatest number."

Here, the emphasis is on the “necessity of interdependence,” which means that

social justice must not be invoked to favor one class of people over another but to promote
the welfare of all the people (Monsod, 2014). That is “the greatest good to the greatest
number.”
However, the Supreme Court made a different view on social justice in the case of
Del Rosario v. De Los Santos, 22 SCRA 1196 (1968) where it said that “as far as the
social justice principle is concerned, there is the translation into reality of its significance
as popularized by the late President Ramon Magsaysay – he who has less in life should
have more in law.”
Here, if the Court is confronted with a case where the evidence of both parties is
in equipoise, doubts must be resolved in favor of the poor, following the principle that he
who has less in life should have more in law.

II (b). The case of Gelos v. Court of Appeals

Social justice, according to the recent jurisprudence of the Supreme Court,
pertains to the tilting of the scale of justice in favor of the poor. However, the Supreme
Court also warned those unscrupulous persons who may invoke social justice to instantly
avail themselves of unwarranted claims or unjustified excuses from liability.
The case of Gelos v. Court of Appeals [G.R. No. 86186 (1992)] is an illustrative
one.
Ernesto Alzona is the registered owner of a parcel of agricultural land in Cabuyao,
Laguna. Alzona and Rafael Gelos entered into a written contract wherein Gelos is
employed as a laborer at a stipulated daily wage of P5.00. After that, Gelos sought the
intervention of the Court of Agrarian Relations and asked the court to fix the agricultural
lease rental of the land. His request was granted.
Alzona countered and filed an illegal detainer case against Gelos, which was
dismissed by the Ministry of Agrarian Reform. Aggrieved, Alzona filed an appeal to the
Regional Trial Court which, however, dismissed his appeal, stating that there was a
tenancy relationship between the parties and that Gelos is entitled to the ownership of the
land since he is poor following the principle of social justice – those who have less in life
should have more in law.
Alzona filed an appeal to the Court of Appeals. The appellate court reversed the
decision of the Regional Trial Court, stating that there was no tenancy relation between
Alzona and Gelos since they entered into a contract of employment.
Gelos appealed to the Supreme Court, stating that he has tenancy rights over the
parcel of land and that the scale of justice must tilt in his favor since he is poor.
The Supreme Court rejected Gelos’ contention and ruled that there was no tenancy
agreement between Gelos and Alzona because they agreed that Gelos would be working
at Alzona’s farm under an employment agreement. Gelos agreed to receive P5.00 for
each day of work. The Court also dismissed Gelos’ claim that since he is poor, the scale
of justice must tilt in his favor. The Court has this to say:

This Court has stressed more than once that social justice –– or
any justice for that matter –– is for the deserving, whether he be
a millionaire in his mansion or a pauper in his hovel. It is true that, in
case of reasonable doubt, we are called upon to tilt the balance in
favor of the poor, to whom the Constitution fittingly extends its
sympathy and compassion. But never is it justified to prefer the poor
simply because they are poor, or to reject the rich simply because
they are rich, for justice must always be served, for poor and rich
alike, according to the mandate of the law. (emphasis supplied)
 UNIT TITLE:
Overview of Social Welfare Laws Relevant to Social Work Practice

TITLE OF THE LESSON:

Basic Social Issues in the Philippines

DURATION: 3 hours

Introduction

This lesson highlights Philippine social issues, which are necessary for the study
of social work students. The discussion herein provided gives an overview of the current
status of the marginalized sector of the society and other factors that could affect society
as a whole.

Objectives/Competencies

General: To determine the basic issues in the Philippines

Specific:
a. To identify the problems and issues affecting the marginalized sectors of the
society;
b. To distinguish the different factors affecting education, poverty, and crime rates;

LESSON 3:

BASIC SOCIAL ISSUES IN THE PHILIPPINES

Social Legislation

Social legislations are laws that provide particular kinds of protection or benefits to
society or segments thereof in furtherance of social justice (Azucena, 2014). Agrarian
reform law, labor law, the law establishing social security system, laws protecting women,
children, and the elders are examples of social legislation.

These laws are enacted to address specific social issues like poverty, domestic
abuse, criminal resolutions, and gender discrimination. The main objective of these social
legislations is the promotion of social justice; that is: those who have less in life should
have more in law. As a social work student, it is essential to have a bird’s eye view of the
current social situation in the Philippines to be able to understand the essence of these
social legislations fully.
Women and Children

Patriarchy is defined as a system of male headship, male domination, male power

– a system of taking control of women through economic dependence, violence, and
domestication (Medina et al., 2015). Spanish colonizers introduced many patriarchal
cultural values and practices in the country as a strategy for them to systematically attain
their goals. These practices adversely affect women in socio-political involvement. They
are vulnerable to domestic violence, which may include sexual or physical abuse. Thus,
the patriarchal system has been the root cause of exploitation among women and
children. It prevents their freedom to move and develop their skills and talent, including
their self-actuation. This led to some tremendous problems, including violence against
them.

Global estimates by the World Health Organization indicate that about 1 in 3

women (35%) worldwide have experienced either physical and sexual violence from
intimate partner or non-partner in their lifetime. In the Philippines, the National
Demographic Health Survey 2017 released by the Philippine Statistics Authority revealed
that 1 in 4 Filipino women, aged 15-49, had experienced physical, emotional, or sexual
violence from their husband or partner.

Violence Against Women

Age Group
Forms of Violence
15-19 20-24 25-29 30-39 40-49 Total Reference
Percentage of Women Age 15-49 Who Have Experienced Various Forms of Physical and Sexual Period/Source
Violence,
by Current Age
2017/ NDHS,
Physical violence only 12.0 15.2 13.4 13.0 13.3 13.3 PSA
2017/ NDHS,
Sexual violence only 1.4 1.6 2.0 1.8 1.6 1.7 PSA
Physical and sexual violence 2017/ NDHS,
1.3 2.6 3.5 4.6 4.6 3.5 PSA
only
2017/ NDHS,
Physical or sexual violence 14.7 19.4 18.9 19.4 19.5 18.5 PSA
2017/ NDHS,
Number of Women 3,453 3,048 2,708 4,770 3,989 17,968 PSA
No. of Cases No. of Cases
Reported to PNP Inc. / Served by DSWD
2018 2019 2018 t/ 2019 Inc. / Dec. (%)
(as of February 6, Dec. (%) (as of February 21,
2020) 2020)
Total 18,947 21,366 12.8 Total 5,883 3,418 (41.9)
Physical Injuries s/ 14,116 16,251 15.1 Physically Abused/ 237 198 (16.5)
Rape 1,656 2,162 30.6 Maltreated/Battered - - -
Acts of
2,020 2,085 3.2 Sexually Abused 215 164 (23.7)
Lasciviousness
Sexually Exploited 143 222 55.2
Prostitution/
Attempted Rape 663 362 (45.4) 255 268 5.1
Emotionally Abused
Incestuous Rape s1/ 0 0 0 Illegal Recruitment 197 85 (56.9)
Others 492 506 2.8 Armed Conflict 16 13 (18.8)
Victims of Trafficking 252 420 66.7
Others t1/ 4,568 2,048 (55.2)
Source: Philippine Statistics Authority
 According to a report submitted by President Rodrigo Roa Duterte to the Congress,
the Philippine National Police has recorded 2,183 cases of violence against women and
2,077 cases of violence against children while the country is under varying levels of
community quarantine. In lieu of this, the Commission on Human Rights launched an
online platform where people can report incidents of gender-based violence. The
Philippine Commission on Women has been continuously monitoring and assisting
victims of VAWC. The increase of incidents of domestic violence can be attributed to the
implementation of community quarantine to curb the spread of the Covid-19 disease
(Cabico, 2020).

Child Abuse
Girls Boys
Number of Cases Served by DSWD
(as of February 21, 2020) t/ Inc. / Inc. /
2018 2019 2018 2019
Dec. (%) Dec. (%)
Total 2,685 1,924 (28.3) 1,402 931 (33.6)
Sexually Abused 804 637 (20.8) 5 7 40.0
Neglected 369 279 (24.4) 395 305 (22.8)
Physically Abused/Maltreated 82 75 (8.5) 66 51 (22.7)
Abandoned 242 98 (59.5) 265 180 (32.1)
Victims of Child Labor 68 16 (76.5) 17 8 (52.9)
Sexually exploited 141 164 16.3 5 10 100.0
Victims of Trafficking 371 336 (9.4) 61 18 (70.5)
Others u/ 608 319 (47.5) 588 352 (40.1)
Source: Philippine Statistics Authority

A child is defined as one who is below 18 years of age or one who may be over 18
years of age but is unable to duly protect her/himself from abuse or exploitation because
of a physical or mental disability or condition (Section 3, Republic Act No. 9775, Anti-Child
Pornography Act of 2009). Children are vulnerable to abuse. They are usually subjected
to physical and sexual violence. In a 2017 report, UNICEF noted that in 2014, online
sexual exploitation of children was the leading form of cybercrime in the Philippines. One
case study cited by UNICEF showed that while abuse starts in the digital space, it can
lead to physical prostitution (Pasion, 2017).

According to the International Labor Organization, child labor is work that deprives
children of their childhood, their potential and their dignity, and that is harmful to their
physical and mental development. However, child labor is still prevalent in the Philippines.
In 2012, the Philippine Statistics Authority reported that around 5.5 million children aged
5 – 17 are currently engaged in child labor, and around 2.1 million of whom are exposed
to hazardous environments. Of the total number of working children in hazardous labor,
two-thirds were boys while one-third were girls. Those in ages 5 to 9 comprised 6.2% and
those in ages 10 to 14, 44.3% among children in hazardous labor, the largest percentage
resided in the regions of Central Luzon (10.6%) and Bicol (10.2%).
 Laws are continuously enacted and amended to address these issues. Safe public
spaces are also institutionalized through the passage of different laws addressing the
same, in addition to the Anti Child Abuse Law (Republic Act No. 7610), Anti-Child
Pornography Act (Republic Act No. 9775) and other related laws.

Poverty

The Philippine Statistics Authority (PSA) defines the poor under Section 3 of
Republic Act No. 8425 or the Social Reform & Poverty Alleviation Act. The agency follows
the definition of the poor by the National Economic and Development Authority (NEDA).
The poor are those individuals and families whose income falls below the poverty
threshold or those who “cannot afford in a sustained manner to provide their minimum
basic needs of food, health, education, housing, and other essential amenities of life.”

In a report released by the PSA on 2019, it declared that in the first semester of
2018, a family of five needed no less than PhP 7,337, on average, to meet the family’s
basic food needs for a month (Ordinario, 2019). This amount is the food threshold. In
connection with this, the PSA said that the poverty threshold per family amounted to
P10,481 per month. A family whose income is below this threshold can be considered as
poor and those whose income is beyond this limit can be considered as non-poor.

The food threshold is the minimum income required to meet the basic food needs,
satisfying the nutritional requirements set by the Food and Nutrition Research Institute
(FNRI) to ensure that one remains economically and socially productive. On the other
hand, the poverty threshold is the minimum income required to meet the basic food and
non-food needs such as clothing, fuel, light and water, housing, rental of occupied
dwelling units, transportation, and communication, health and education expenses, non-
durable furnishing, household operations, and personal care and effects.

Among the basic sectors, the farmers, fisherfolks, individuals residing in rural areas
and children who belong to families with income below the official poverty thresholds
posted the highest poverty incidences in 2018. On the contrary, individuals residing in
urban areas, senior citizens, and migrant and formal sector workers had the lowest
poverty incidences among the basic sectors.
 According to the World Bank, more Filipinos will be plunged into poverty this year
even as government cash transfers and wage subsidies attempt to deter the effects of
the economic fallout from the coronavirus disease 2019 (COVID-19) pandemic on the
most vulnerable. The World Bank expects the Philippine economy to contract by 1.9
percent this year, reflecting the disruptions caused by the pandemic as well as multiple
economic shocks at the beginning of 2020 (Valencia, 2020).

Education

According to Macha, Mackie & Magaziner (2018), the Philippine education sector
also faced some severe problems. In the 2008 report of UNESCO, it has been found that
participation and achievement rates in primary education in the Philippines had fallen
dramatically due to prolonged underfunding. In the year 2000, an enrollment rate of 96.8%
for elementary level has been recorded as compared from 85.1% in 1991. However, it
dropped back down to 84.4% in 2005.

On the other hand, the net enrollment rate in secondary education in the year 1991
was 55.4%. An improvement in this rate can be observed since 66% was recorded in the
year 2000. However, this high record dropped down to 58.5% by the year 2005.

The country’s youth literacy rate, while still being high by regional standards, fell
from 96.6% in 1990 to 95.1% in 2003, makes the Philippines the only country in South-
East Asia with deteriorating youth literacy rates (Macha, Mackie & Magaziner, 2018).

To address these defects, the Philippine government initiated structural changes

in the primary education system and significantly boosted education expenditures. In
2011, the “Kindergarten Education Act” was passed. It institutionalized a mandatory pre-
elementary year of Kindergarten education. At the same time, the “Basic Education Act
of 2013” extended the elementary and secondary education cycle from 10 to 12 years.
This extension created an additional two years in secondary level education, creating the
“Senior High School” program (Macha, Mackie & Magaziner, 2018).

Participation in tertiary level education in the Philippines has also expanded

enormously in recent years. From a gross tertiary enrollment rate of 27.5% in 2005, it
increased to 35.7% in 2014, while the total number of students enrolled in colleges and
universities grew from 2.2 million in 1999 to 4.1 million in the academic year of 2015-2016
(Macha, Mackie & Magaziner, 2018).

In 2017, the Philippine government institutionalized the Universal Access to

Tertiary Level Education Act, which provides free college education, even though critics
contend that the costly move will deteriorate appropriations while providing few
discernible social benefits. These critics maintain that tuition-free education will primarily
benefit wealthier students since only 12% of students at state universities and colleges
come from low-income households.

Source: Commission on Higher Education

Crime Rate

Crime is still present in the Philippines and may vary in its forms and commission.
It remains to be a severe threat to the maintenance of peace and order among society.
According to the Philippine National Police (PNP) Directorate for Investigation and
Detective Management, the following are the most common crimes reported to authorities
in 2018: theft, physical assault, and robbery. Other common crimes included
pickpocketing, confidence schemes, and credit card fraud. Carjacking, robberies, and
violent assaults also occurred throughout the country.

Recently, the Philippine National Police (PNP) revealed that the lockdown imposed
in Luzon and other areas affected by the coronavirus pandemic for over a month now has
resulted in a significant decrease in the country's crime rate. The police department
recorded at least 2,078 crimes from March 17 to April 20. This number is over half less
than the number of recorded crimes from February 11 to March 16, which has a recorded
crime of 5,093. This showed a 59% decrease in crime incidence over the said duration
(ABS-CBN News, 2020).

The PNP recorded the most significant crime decline in Luzon at 64.9 percent.
Data showed that 969 cases were reported compared to the 35 days before the lockdown
at 2,763.
 UNIT TITLE:
Overview of Social Welfare Laws Relevant to Social Work Practice

TITLE OF THE LESSON:

Legal Foundation of Social Work Profession

DURATION: 3 hours

Introduction

This lesson lays down the legal and historical foundation of the social work
profession in the Philippines. It also provides for some specific rules regarding the
regulation of the social work profession, including the eligibility of social work practitioner
as prescribed by the laws, prohibited acts, and some miscellaneous provisions.

Objectives/Competencies

General: To define the duties and responsibilities of a social work professional under
regulatory laws.

Specific:
a. To identify the functions of a social work professional, including his/her
qualifications;
b. To distinguish the various laws regulating the practice of social work profession;
c. To relate the provision of regulatory laws in connection with actual social work
practice;

LESSON 4:
LEGAL FOUNDATION OF SOCIAL WORK PROFESSION

Brief History of Social Work in the Philippines

Social work as a profession is relatively young (Price & Artaraz, 2013). In the
Philippine context, social welfare work during the pre-Hispanic period can be described
as one which is centered on mutual protection and economic survival (Jocano, 1980).
This can be proven by laws and customs commonly recognized by a particular society or
community. There are written and oral laws observed in a “barangay” headed by a datu.
The umalahokan is the one in-charged of announcing written laws to the people of the
barangay (Zaide & Zaide, 2004). Because of the religious observance of the ancient
Filipinos to these written and oral laws, economic survival and mutual protection among
the populace were maintained.
 The Spaniards came and taught the Filipino natives one of Christianity’s core
doctrines: charity. The Catholic Church became the primary social welfare institution of
that time. Christian teachings became the underlying reason behind all social welfare
activities like the establishment of Hospicio de San Jose, which housed the aged and
orphans. In 1885, Asilo de San Vicente de Paul, an asylum for girls, was established.
Other establishments like hospitals, schools, orphanages, and asylums were duly
operated, maintained, and sustained by the Spanish government (Zaide & Zaide, 2004).
We can say that social work during Spanish colonization was formally done by the
colonizers themselves.

When the Americans came, the administration of social welfare works was
transferred from the church to certain governmental institutions tasked to address
particular social problems in the Philippines. In 1902, the American government created
the Insular Board, which is tasked to coordinate and supervise private institutions involved
in welfare works (Quiray, et al., 2011). In order to provide fresh milk for child-caring
facilities, La Gota de Leche was established. This is to address health and nutrition
concerns among the children during that time. The Philippine chapter of the American
Red Cross was established in 1905. This civic organization is in-charged of response,
rescue, and relief operations in times of disaster in the Philippines. Legislative Act No.
2519 was enacted in 1915, establishing the Public Welfare Board tasked to coordinate
welfare endeavors spearheaded by different existing charitable organizations. In
connection with this, the Office of the Public Welfare Commissioner was created in 1921,
which absorbed the functions of the Public Welfare Board. In 1933, the Philippine
Assembly passed a law appropriating funds for child and mental health centers run by the
government.

The American period witnessed the rapid establishment of charitable facilities,

including direct support by the government through public funding. During this period, the
government also laid down more precise eligibility criteria for charitable providers and
increased government and private charitable services. Unfortunately, the adverse effect
of economic depression in the 1930s was significant, with a need for essential relief work
(Lee-Mendoza, 2008). Free training and scholarship grants were also given to certain
qualified women so that they may be able to equip themselves in the United States and
to returned to the Philippines so that they may apply their expertise in addressing social
problems (Lee-Mendoza, 2008).

The Philippine suffered much during World War II. The government sees the vital
role of social work professionals during these times. Social welfare activities consisted of
prioritizing medical care and treatment for war victims, including food, temporary shelter,
and clothing for both civilians and soldiers. After the liberation of the Philippines in 1946,
the Social Welfare Commission, being situated under the Office of the President, was
established. This act “signified the formal recognition of social welfare as a responsibility
by the State” (Lee-Mendoza, 2008).

On January 3, 1951, the Social Welfare Commission and the President’s Action
Committee on Social Amelioration merged into one agency called the Social Welfare
Administration. This agency is tasked with giving public assistance to the needy, provide
guidance services for children, and promote rural community development.

Republic Act No. 4373 was enacted in 1965. It is the primary law that governs and
regulates the practice of social work and operation of social work agencies in the country.
This is a landmark law since it is the formal state recognition of the Philippines to social
work as a profession.

Executive Order No. 123 was signed by President Corazon Aquino, which caused
the reorganization of the then Ministry of Social Services and Development and renaming
it Department of Social Welfare and Development (DSWD). In 1991, the Local
Government Code of the Philippines was enacted, which delegated some of the powers
of the DSWD to local government units. The pertinent provisions of the Local Government
Code are as follows:

SECTION 483. Qualifications, Powers and Duties. –

(a) No person shall be appointed social welfare and development

officer unless he is a citizen of the Philippines, a resident of the local
government unit concerned, of good moral character, a duly
licensed social worker or a holder of a college degree preferably in
sociology or any other related course from a recognized college or
university, and a first grade civil service eligible or its equivalent. He
must have acquired experience in the practice of social work for at
least five (5) years in the case of the provincial or city social welfare
and development officer, and three (3) years in the case of the
municipal social welfare and development officer.

The appointment of a social welfare and development officer is

mandatory for provincial and city governments, and optional for
municipal government.

(b) The social welfare and development officer shall take charge of
the office on social welfare and development services and shall:

(1) Formulate measures for the approval of the sanggunian

and provide technical assistance and support to the governor
or mayor, as the case may be, in carrying out measures to
ensure the delivery of basic services and provision of
adequate facilities relative to social welfare and development
services as provided for under Section 17 of this Code;

(2) Develop plans and strategies and upon approval thereof

by the governor or mayor, as the case may be, implement
the same particularly those which have to do with social
welfare programs and projects which the governor or mayor
is empowered to implement and which the sanggunian is
empowered to provide for under this Code;

(3) In addition to the foregoing duties, the social welfare and

development officer shall:

(i) Identify the basic needs of the needy, the

disadvantaged and the impoverished and develop
and implement appropriate measures to alleviate
their problems and improve their living conditions;

(ii) Provide relief and appropriate crisis

intervention for victims of abuse and exploitation
and recommend appropriate measures to deter
further abuse and exploitation;

(iii) Assist the governor or mayor, as the case may

be, in implementing the barangay level program
for the total development and protection of
children up to six (6) years of age;

(iv) Facilitate the implementation of welfare

programs for the disabled, elderly, and victims of
drug addiction, the rehabilitation of prisoners and
parolees, the prevention of juvenile delinquency
and such other activities which would eliminate or
minimize the ill-effects of poverty;

(v) Initiate and support youth welfare programs

that will enhance the role of the youth in nation-
building;

(vi) Coordinate with government agencies and

non-governmental organizations which have for
their purpose the promotion and the protection of
all needy, disadvantaged, underprivileged or
impoverished groups or individuals, particularly
those identified to be vulnerable and high-risk to
exploitation, abuse and neglect;

(4) Be in the frontline of service delivery, particularly those

which have to do with immediate relief during and assistance
in the aftermath of man-made and natural disaster and
natural calamities;
 (5) Recommend to the sanggunian and advise the governor
or mayor, as the case may be, on all other matters related to
social welfare and development services which will improve
the livelihood and living conditions of the inhabitants; and

(c) Exercise such other powers and perform such other duties and
functions as may be prescribed by law or ordinance (Section 483,
Republic Act No. 7160).

Today, social inequalities are still one of the main problems of Philippine society.
The government usually addresses this issue with certain programs like Pantawid
Pamilyang Pilipino Program (4Ps), Sustainable Livelihood Programs (SLP’s), Kapit-Bisig
Laban sa Kahirapan – Comprehensive and Integrated Delivery of Social Services –
National Community-Driven Development Program (Kalahi CIDSS–NCDDP),
Supplemental Feeding Program and others.

The Laws which Regulate the Practice of Social Work in the Philippines (RA 4373,
RA 5175 and RA 10847)

A. History of the Laws related to the Regulation of Social Work Practice in the Philippines

On June 19, 1965, the Philippine Congress enacted Republic Act No. 4373 or “An
Act to Regulate the Practice of Social Work and the Operation of Social Work Agencies
in the Philippines and for Other Purposes.” This is the first formal and legal recognition of
the State to the social work practice.

In the year 1967, Republic Act No. 5175 was enacted, which amended the
definition of social work as earlier provided under RA 4373. It also amended Section 2 (c)
of the old law by the addition of the requirement of having a master’s degree in social
work or its equivalent as part of the qualifications for the members of the Board. RA 5175
also amends Section 10 of RA 4373.

In 2016, Republic Act No. 10847 was enacted. It was a law that provides for a
lower age requirement for applicants taking the Board Examination for Social Work, the
establishment of the Continuing Social Work Education scheme, and the upgrading of the
sundry provisions of the old laws relative to the practice of social work.

Ultimately, in 2017, the Professional Regulation Commission of the Philippines

released the “Implementing Rules and Regulations of Republic Act No. 4373, otherwise
known as An Act to Regulate the Practice of Social Work and the Operation of Social
Work Agencies in the Philippines and for other purposes, as amended by Republic Act
Nos. 5175 and 10847” (Professional Regulatory Board for Social Workers Resolution No.
03 Series of 2017).
 In this IRR, the State recognizes the importance of social workers in nation-
building. Therefore, the State must develop and nurture competent and well-rounded
social workers according to the standards set by the law (Section 2 of the Professional
Regulatory Board for Social Workers Resolution No. 03 Series of 2017).

According to the IRR, social work “refers to the profession which is primarily
concerned with organized social service activity aimed to facilitate and strengthen basic
social relationships and the mutual adjustment between individuals and their social
environment for the good of the individual and of the society by the use of social work
methods.” On the other hand, social worker “refers to a practitioner who by accepted
academic training and social work professional experience possesses the skill to achieve
the objectives as defined and set by the social work profession, through the use of the
basic methods and techniques of social work (casework, group work, and community
organization) which are designed to enable individuals, groups and communities to meet
their needs and to solve the problems of adjustment to a changing pattern of society and,
through coordinated action, to improve economic and social conditions, and is connected
with an organized social work agency which is supported partially or wholly from
government or community solicited funds” (Section 3(j) and 3(k) of the Professional
Regulatory Board for Social Workers Resolution No. 03 Series of 2017).

B. Establishment of the Board, their Composition and Functions

The law also provides for the establishment of the Professional Regulatory Board
for Social Workers, which shall be under the supervision and administrative control of the
Professional Regulation Commission. The Board shall be composed of a Chairperson
and four members who shall be appointed by the President of the Philippines. They shall
possess the following qualifications at the time of their appointment:

a. A citizen and resident of the Philippines;

b. At least thirty (30) years of age;
c. Of good moral character;
d. A holder of a Master’s Degree in Social Work (M.S.S.W., M.S.S., M.A.S.W.,
or its equivalent) conferred by a refutable school, college or university duly
recognized by the government, and also by a duly accredited school,
college or university abroad;
e. Have had at least two (2) years of social work practice after receiving the
Master’s degree;
f. A registered Social Worker duly qualified to practice Social Work: Provided,
however, that this qualification shall not be required of the first appointees
to the Board under RA 4373; and,
g. Must not be a member of the faculty of any school, college or university
conferring the Bachelor’s and/or Master’s degree in Social Work at the time
of appointment nor during the year immediately preceding the appointment
as a Board Member, or shall have any direct or indirect pecuniary interest
in any such institution (Section 4 of the Professional Regulatory Board for
Social Workers Resolution No. 03 Series of 2017).
Under Section 6 of the Professional Regulatory Board for Social Workers
Resolution No. 03 Series of 2017, the Board shall have the following powers,
functions, duties and responsibilities:

a. Promulgate, administer and enforce the rules and regulations necessary to

carry out the provisions of RA 4373, as amended;
b. Supervise and regulate the registration, licensure and practice of Social
Workers in the Philippines;
c. Administer oaths in connection with the administration of RA 4373, as
amended;
d. Prescribe the official seal of the Board;
e. Issue, suspend, or revoke and reinstate the Certificates of Registration
(CORs), Professional Identification Cards (PICs), or Special Temporary
Permits (STPs) for the practice of Social Work;
f. Look into the conditions affecting the practice of Social Work in the
Philippines, and whenever necessary, adopt measures as may be deemed
necessary for the maintenance of the good standing and ethics of the
profession. For this purpose, the Board may inspect places where Social
Workers are employed or working;
g. Ensure, in coordination with the Commission on Higher Education (CHED),
that all educational institutions offering the Social Work course comply with
the policies, standards and requirements prescribed by the CHED in the
areas of curriculum faculty, library and facilities;
h. Hear or investigate any violation of RA 4373, as amended, this IRR and the
Code of Ethics and Code of Professional Standards for the Practice of
Social Work, and for this purpose, to issue a subpoena ad testificandum or
subpoena duces tecum to secure the appearance of witnesses and the
production of documents in connection therewith; Provided, that the
decision of the Board shall, unless appealed to the Commission, become
final and executory after fifteen (15) days from receipt of judgment or
decision;
i. Maintain a roster of Social Workers;
j. Prescribe a Code of Ethics and Code of Professional Standards for the
Practice of Social Work;
k. Prescribed the subjects in the Social Workers Licensure Examination,
determine the syllabi and Tables of Specifications (TOS) of the Examination
subjects and their relative weights, construct test questions, score and rate
the examination papers, and submit the examination results to the
Commission;
l. Prescribe guidelines and criteria in the implementation of the Continuing
Professional Development (CPD) program for Social Work; and,
m. Perform such other powers and functions as it may deem necessary to carry
out the objectives of RA 4373, as amended.
C. Licensure Examination for Social Workers

The IRR also provides that the Social Workers Licensure examination is required
for all applicants for registration for the practice of social work. Such examination must be
administered by the Board (Section 11 of the Professional Regulatory Board for Social
Workers Resolution No. 03 Series of 2017). The following are the qualifications which the
applicants must possess at the time of filling of application to be admitted to the Social
Workers Licensure Examination:
a. A citizen of the Philippines;
b. At least twenty-one years of age;
c. In good health and is of good moral character;
d. Have a bachelor’s degree or master’s degree or its equivalent in social work
from an institution, college or university duly accredited and legally
constituted: Provided, That the provisions of Republic Act Number Twenty-
two hundred and sixty (RA 2260) insofar as cultural minorities are
concerned be applied. The Board, in consultation with the CHED, shall
determine the academic degrees/courses deemed equivalent to B.S. and
M.S. in Social Work for purposes of admission to the licensure examination;
and,
e. Have completed a minimum period of one thousand (1000) case hours of
practical training in an established social work agency under the direct
supervision of a fully trained and qualified social worker: Provided that in
the institution, college or university’s undergraduate program, the academic
courses preceded the required supervised filed practice of one thousand
(1000) case hours; provided further, that the required field practice complies
with the Social Work curriculum approved by the CHED and the Board
(Section 12 of the Professional Regulatory Board for Social Workers
Resolution No. 03 Series of 2017).
Under Section 14 of the Professional Regulatory Board for Social Workers
Resolution No. 03 Series of 2017, the examination for the practice of Social Work shall
consist of a written test. No alteration in or addition to the subjects for examination shall
be made within two years from the date of the promulgation of said subjects. The Social
Workers Licensure Examination shall cover the following subjects:
a. Human Behaviour and Social Environment;
b. Social Welfare Policies, Programs and Services;
c. Social Work Practice I, II and III; and,
d. Field Instruction.
This coverage may be revised by the Board, upon the approval of the PRC. An
examinee must obtain a general average of 70% and with no grade lower than 50% in
any of the subjects (Section 15 of the Professional Regulatory Board for Social Workers
Resolution No. 03 Series of 2017).

D. Oath of Qualified Social Workers

All those who passed the examination shall be required to take the Oath of
Professionals before the Board Member or any government official authorized to
administer the oath. The PRC shall issue certificates of Registration and Professional
Identification Cards in favor of those who are qualified for registration, with or without
registration (Section 19 of the Professional Regulatory Board for Social Workers
Resolution No. 03 Series of 2017). The PRC shall not issue a COR to a person who has
been convicted by a court of any crime involving moral turpitude or found guilty of immoral
or dishonorable conduct, or judicially declared to be of unsound mind or suffering from an
incurable or infectious disease (Section 21 of the Professional Regulatory Board for
Social Workers Resolution No. 03 Series of 2017).

E. Exempted Individuals from Licensure Examination

As a rule, social work professionals must take and pass the examination to be
eligible to practice. However, certain individuals may be issued with CORs without the
required examination administered by the Board. Those are social workers who are
registered under the laws of any foreign state or country, provided that the requirements
for registration or licensing in such country are substantially the same as those required
under Philippine laws, provided further that such state or country grants the same
privileges to Filipino social workers employed in such country. This is known as
registration by reciprocity under Section 18 of the Professional Regulatory Board for
Social Workers Resolution No. 03 Series of 2017.

F. Issuance of Special Temporary Permits

Furthermore, the Board, upon approval of the PRC, also has the power to issue
Special Temporary Permits (Section 20 of the Professional Regulatory Board for Social
Workers Resolution No. 03 Series of 2017), with a fee, to the following individuals:
a. Foreign social workers called by the Philippine Government for a specific
public purpose or project;
b. Foreign social workers to be employed by any domestic private
firm/establishment;
c. Foreign social workers to be engaged as professors or lecturers in a higher
educational institution or university for the enhancement of the social work
education in the country; and,
 d. Foreign social workers, including volunteers, whose services are engaged
during disasters, calamities or any emergency case as may be determined
by the Board.
Through the issuance of an STP, a foreigner shall be permitted to practice social
work in the Philippines limited to the particular work for which the foreigner is being
engaged and is subject to the applicable domestic laws and regulations. The STP shall
be valid for one year only, subject for renewal.

G. Revocation and Suspension of CORs, including the Grounds

The Board also has the power to revoke or suspend, after due notice and hearing,
the validity of a COR due to grounds mentioned under Section 21 of the IRR or for
unprofessional conduct, malpractice, incompetency, or serious ignorance or negligence
in the practice of Social Work or for fraud, deceit, or falsity in obtaining a COR.

H. Penal Provisions
The IRR also provides for penalty for violation of the provisions of RA 4373, as
amended, including the offenses mentioned explicitly under Section 27 of the
Professional Regulatory Board for Social Workers Resolution No. 03 Series of 2017. The
following are some of the offenses:
a. Practicing or offering to practice social work in the Philippines without
being registered or exempted from registration under the provisions of RA
4373, as amended;
b. Representing or attempting to use as his own, the certificate of registration
of another;
c. Giving any false or fraudulent evidence of any kind to the Board or any
member thereof in obtaining a certificate of registration as a social worker;
d. Impersonating any registrant of like or different name;
e. Attempting to use a revoked or suspended certificate of registration;
f. Any person who shall in connection with his or her name, otherwise
assume, use or advertise any title or description tending to convey the
impression that he or she is a social worker without holding a valid
certificate;

I. Continuing Professional Development (CPD)

 All social workers must provide proof of 45 CPD units earned from any CPD
provider duly accredited by the CPD Council for Social Workers as a requirement for the
renewal of the PIC.
Republic Act No. 9433 (Magna Carta for Public Social Workers)
In order to promote and improve the social and economic well-being of public
social workers, including their terms of employment, Republic Act No 9433, or the Magna
Carta for Public Social Worker, was enacted. Under its Declaration of Policy provision,
the State shall develop the skills and capabilities of social workers to make them more
responsive to the needs of their clients and in the delivery of certain social services and
programs (Section 2 of Republic Act No. 9433).
The law provides promotion and protection in favor of public social workers, which
is defined as those “registered social workers employed in the government service”
(Section 3 of Republic Act No. 9433).
The law mandates that all government social work agencies and institutions shall
be headed by registered social workers with the exception for cabinet and non-career
positions (Section 5 of Republic Act No. 9433). In order to prepare a uniform career and
personnel development plan for public social worker, it is mandated to establish the Social
Work Management and Consultative Council which shall be composed of representatives
from the Department of Social Welfare and Development, Civil Service Commission,
Department of Interior and Local Government, Department of Labor and Employment,
Philippine Association of Social Workers, Inc., Association of Provincial/City and
Municipal Social Welfare and Development Officer of the Philippines, Inc., the League of
Provinces, League of Cities and League of Municipalities. The Secretary of the DSWD
shall be the head of the Council (Section 7 of Republic Act No. 9433). Such career and
personnel development plan must include a provision on merit promotion, incentive
awards systems, and performance evaluation (Section 6 of Republic Act No. 9433).
The Magna Carta for Public Social Workers provides that the regular hours of work
shall not exceed eight hours a day or 40 hours a week (Section 10 of Republic Act No.
9433). However, the time when a public social worker is placed on “On-Call” status shall
not be considered as hours worked but shall entitle to an “On-Call” compensation
equivalent to 50% of his/her regular wage.
A public social worker is considered on an “On-Call” status when he/she is called
upon to respond to urgent or immediate need during emergencies, provided that no public
social worker shall be placed in “On Call” status beyond seven days per month.
Additional compensation under existing laws shall be given to any public social
worker who will render service beyond the normal eight hours a day, including Saturdays,
Sundays, or non-working holidays (Section 11 of Republic Act No. 9433).
 Other benefits granted by the law are the following: Hazard Allowance,
Subsistence/Transportation Allowance, Housing and Living Quarters Allowance,
Longevity Pay, and Clothing Allowance (Section 15 of Republic Act No. 9433).
Public social workers shall have the following rights:
a. Protection from discrimination because of sex, sexual orientation, age,
political or religious beliefs, civil status, physical characteristics/disability, or
ethnicity;
b. Protection from any form of interference, intimidation, harassment, or
punishment, to include, but not limited to, arbitrary reassignment or
termination of service, in the performance of his/her duties and
responsibilities;
c. Join, organize, or assist organizations or unions for lawful purposes;
d. Protection from any act that will prevent his/her from applying professional
interventions that the client’s situation may require; and
e. Opportunities for continuing professional growth and development.

Aside from these, a public social worker has a right to security of tenure (Section
22 of Republic Act No. 9433), right to freedom from interference or coercion in the
performance of their duties (Section 20 of Republic Act No. 9433), right not to be
transferred to another office without notice (Section 18 of Republic Act No. 9433), and
right to receive compensation from physical injuries sustained during time of work
(Section 16 of Republic Act No. 9433).