Laws-in-Relation-to-Social-Work-Practice
Laws-in-Relation-to-Social-Work-Practice
In the Philippines, social workers primarily rely on Republic Act No. 4373 (Social Work Law), which
regulates the practice of social work and the operation of social work agencies, and Republic Act No.
9433 (Magna Carta for Public Social Workers), which promotes the well-being of public social workers.
Here's a more detailed breakdown:
Republic Act No. 4373 (Social Work Law):
This law regulates the practice of social work and the operation of social work agencies
in the Philippines.
It mandates that only individuals with a Social Work degree and a valid license can
practice social work.
It also covers the registration of social work agencies.
It outlines the qualifications for becoming a registered social worker.
It defines the functions and responsibilities of social workers.
It addresses the penalties for unauthorized practice of social work.
Republic Act No. 9433 (Magna Carta for Public Social Workers):
This law aims to promote and improve the social and economic well-being of public
social workers, their living conditions, and terms of employment.
It covers all registered social workers employed in government service.
It provides for compensation-related benefits for public social workers.
It outlines the rights of public social workers, including protection from discrimination
and interference.
It emphasizes the importance of the Social Work Code of Ethics.
Other Relevant Laws and Regulations:
Republic Act No. 5175: This law further amended RA 4373, clarifying the qualifications
and registration requirements for social workers.
Republic Act No. 10847: This law lowered the age requirement for social workers taking
the board examination, provided for continuing social work education, and upgraded
other provisions related to the practice of social work.
Philippine Social Work Code of Ethics: This code guides the ethical conduct of social
workers.
Volunteer Act of 2007 (RA 9418): This law addresses the role and rights of volunteers,
which can be relevant to social work practice.
Civil Service Law: This law governs the employment and service of government
employees, including public social workers.
Labor Code: This law addresses the rights and responsibilities of workers, including
social workers, in the private sector.
FAMILY LAWS
In the Philippines, social workers depend on on the Family Code of the Philippines, the Family Courts
Act of 1997 (RA 8369), the Special Protection of Children Against Abuse, Exploitation, and
Discrimination Act (RA 7610), and the Anti-Violence Against Women and Their Children Act (RA 9262),
among others, to guide their work in family-related cases.
Philippine social workers working with families rely on laws like the Family Courts Act of 1997 (RA 8369),
the Magna Carta for Public Social Workers (RA 9433), and the Social Welfare Act of 1968 (RA 5416),
along with the Philippine Constitution, to protect family rights and promote child welfare.
Here's a more detailed breakdown:
Key Laws and Their Relevance:
Republic Act No. 8369 (Family Courts Act of 1997):
This act establishes Family Courts to handle cases involving family matters, including child custody,
adoption, and family disputes, ensuring the best interests of the child are paramount.
Republic Act No. 9433 (Magna Carta for Public Social Workers):
This law aims to improve the social and economic well-being of public social workers, promoting their
professional development and ensuring a conducive work environment.
Republic Act No. 5416 (Social Welfare Act of 1968):
This act provides for comprehensive social services for individuals and groups in need of assistance,
creating the Department of Social Welfare (DSW) which later became the Department of Social Services
and Development (DSSD).
The Philippine Constitution:
Section 12 of the Constitution recognizes the sanctity of family life and mandates the state to protect
and strengthen the family as a basic autonomous and social institution.
Republic Act No. 11908 (Parent Effectiveness Service Program Act):
This act aims to enhance the capabilities of parents in raising children by providing them with access to
educational programs and resources.
Republic Act No. 11642 (Domestic Administrative Adoption Act):
This act ensures that a child without parental care, or at risk of losing it, is protected and provided with
alternative child care options such as adoption and foster care, with the best interest of the child as the
paramount consideration.
Republic Act No. 4373 (An Act to Regulate the Practice of Social Work):
This act regulates the practice of social work and the operation of social work agencies in the
Philippines.
Republic Act No. 4373 (Social Work Regulation Act):
This act mandates that individuals must possess a Master's Degree in Social Work (M.S.S.W., M.S.S.,
M.A.S.W., or its equivalent) from a reputable institution recognized by the government, including
accredited foreign institutions.
Social Workers' Roles and Responsibilities:
Protecting Children:
Social workers are tasked with ensuring the safety and well-being of children, intervening in cases of
neglect, abuse, and exploitation.
Strengthening Families:
They work to strengthen family bonds, resolve conflicts, and promote positive family dynamics.
Promoting Adoption and Foster Care:
Social workers play a crucial role in facilitating adoption and foster care processes, ensuring that children
are placed in safe and nurturing environments.
CHILDREN LAWS
In Lamut, Ifugao, as of March 28, 2025, social workers and other professionals working with children in
the Philippines rely on laws like RA 7610 (Special Protection of Children), RA 9344 (Juvenile Justice and
Welfare Act), and RA 9231 (Anti-Child Labor Law) to protect children's rights and welfare.
Here's a more detailed breakdown of key laws:
Republic Act No. 7610 (Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act):
This is a foundational law that provides comprehensive protection for children, addressing issues like
abuse, exploitation, and discrimination.
It outlines the rights of the child, including the right to life, survival, and development,
as well as the right to be free from all forms of discrimination and abuse.
It also defines the responsibilities of parents, guardians, and the state in ensuring the
well-being of children.
Republic Act No. 9344 (Juvenile Justice and Welfare Act of 2006):
This law establishes a comprehensive juvenile justice and welfare system, focusing on rehabilitation and
restoration rather than punishment for children who come into conflict with the law.
It sets the minimum age of criminal responsibility at 15 years old, and provides for
intervention programs for children who are not criminally liable.
It also promotes the creation of a child-friendly justice system, ensuring that the best
interests of the child are always taken into consideration.
Republic Act No. 9231 (Anti-Child Labor Law of 2003):
This law aims to eliminate the worst forms of child labor and provide stronger protection for working
children.
It prohibits the employment of children below 15 years of age in hazardous or
exploitative work.
It also provides for the rehabilitation and reintegration of child laborers into education
and other productive activities.
Other Relevant Laws:
Republic Act No. 9775 (Anti-Child Pornography Act of 2009): This law criminalizes the
production, distribution, possession, and access to child pornography.
Republic Act No. 11930 (An Act Punishing Online Sexual Abuse or Exploitation of
Children): This law addresses online child sexual abuse and exploitation, including the
production, distribution, possession, and access to child sexual abuse materials.
Republic Act No. 11642: An Act Prohibiting the Employment of Children Below Fifteen
Years of Age in Public and Private Undertakings in the Philippines
In the Philippines, social workers and related professionals utilize laws like RA 7610 (Special Protection
of Children Against Child Abuse, Exploitation, and Discrimination Act) and RA 9344 (Juvenile Justice and
Welfare Act) to protect children's rights and well-being.
Republic Act No. 11596, known as the Act Prohibiting the Practice of Child Marriage, makes child
marriage illegal in the Philippines and imposes penalties for those involved in arranging or officiating
such marriages.
Domestic Adoption Act of 1998
After the Inter-Country Adoption Law was passed in 1995, the DSWD felt that it was also time
to make amendments with regard to Domestic Adoption Laws which led RA 8552, also known as the
Domestic Adoption Act of 1998. Here, the old provisions in the Family Code were repealed and more
provisions with regard to who can adopt, particularly those concerned with aliens or foreign
nationals, were listed. It was also stated here that the petition for adoption may only be filed in the
"Family Court of the province or city where the prospective adoptive parents reside."
Republic Act 9523
Further amendments to this were made through RA 9523, which tackled issues about
abandoned children whose parents did not leave signed documents entrusting them to the DSWD.
The time of declaring the individual available for adoption, up until the certification was shortened
from a year to just over a month with the decision to make it an administrative process instead of a
judicial process. Now, one would only need a certification signed by the DSWD secretary instead of a
judicial order for the declaration of the abandonment of a child.
Foster Care Act of 2012
On June 11, 2012, Republic Act No. 10165, also known as the Foster Care Act of 2012 was
approved by Congress. Here, provisions were made regarding the procedure on how a foster parent
may become the adoptive parents of a child under his care.
Domestic Administrative Adoption and Alternative Child Care Act
On January 6, 2022, President Rodrigo Duterte has signed Republic Act 11642, also known as
the Domestic Administrative Adoption and Alternative Child Care Act, simplifying the adoption
process in the country. The law transfers all adoption and alternative child care-related duties and
functions of government agencies to a new body, the National Authority for Child Care (NACC), and
its regional offices. The law also sets a specific length of time on which the NACC and its regional
offices should decide on petitions for adoption, as well as act on other requirements. The legislation
also penalizes abuse and exploitation of children, and the fictitious registration of the birth of a child
under a person who is not their biological parent or simulation of birth.
Republic Act No. 11222, also known as the Simulated Birth Rectification Act, is a law that grants
amnesty and allows for the rectification of simulated birth records, enabling an administrative adoption
process for children whose birth records were falsified, while also imposing penalties for certain acts
related to adoption.
Here's a more detailed explanation:
Purpose:
The main objective of RA 11222 is to address the issue of simulated birth records, where a child's birth
certificate is falsified to appear as if they were born to someone other than their biological parents.
Amnesty and Rectification:
The law grants amnesty to individuals who simulated a child's birth record, allowing for the rectification
of the child's status and filiation, effectively allowing for an administrative adoption process.
Administrative Adoption:
RA 11222 provides a simplified and less costly administrative adoption process for children with
simulated birth records, allowing individuals to adopt these children and have their birth records
rectified.
Penalties:
While the law provides amnesty for those who simulated birth records, it also imposes penalties for
certain acts related to adoption, such as illegal adoption or trafficking of children.
Implementation:
The law has a ten-year window of implementation, commencing on March 29, 2019, and ending on
March 29, 2029.
Requirements for Adopters:
To be eligible for administrative adoption under RA 11222, adopters must meet certain requirements,
including being of Filipino citizenship, of legal age, possessing full civil capacity and legal rights, having
good moral character, and being emotionally and psychologically capable of caring for children.
Process:
The process for administrative adoption involves filing a petition for adoption with an application for
rectification of the simulated birth record with the local social welfare and development office (SWDO).
Rescission of Adoption:
The law also outlines the process for rescission of administrative adoption, which can occur if the
adopter is found to have committed certain acts detrimental to the child's well-being.
LAWS ON WOMEN
Social workers in the Philippines utilize several laws to protect women's rights, including the Magna
Carta of Women (RA 9710), Anti-Violence Against Women and their Children Act (RA 9262), and Anti-
Sexual Harassment Act (RA 7877).
Here's a more detailed breakdown of key laws:
Magna Carta of Women (RA 9710):
This comprehensive law aims to eliminate discrimination and promote the rights of Filipino women,
particularly marginalized groups.
It provides a framework of rights for women based on international law.
It defines Gender and Development (GAD) as a participatory, empowering, equitable,
and sustainable development process.
It includes provisions for equal access to education, employment, and healthcare.
It also addresses issues like violence against women and their children.
Anti-Violence Against Women and their Children Act (RA 9262):
This law addresses violence against women and their children by intimate partners, including husbands,
ex-husbands, live-in partners, and dating partners.
It defines "violence against women" as any act or series of acts committed by an
intimate partner against a woman.
Anti-Sexual Harassment Act of 1995 (RA 7877):
This law prohibits sexual harassment in the workplace, education, and training environments.
It defines sexual harassment and outlines penalties for those who commit such acts.
Other Relevant Laws:
Anti-Rape Law (RA 8353): Addresses the crime of rape and provides penalties.
Rape Victim Assistance and Protection Act (RA 8505): Provides support and protection
for rape victims.
Expanded Anti-Trafficking in Persons Act (RA 10364): Addresses human trafficking,
including trafficking for sexual exploitation.
Safe Spaces Act (RA 11313): Ensures safe spaces for women and children.
Expanded Solo Parents Welfare Act (RA 11861): Provides benefits and support for solo
parents.
Expanded Maternity Leave Law (RA 11210): Provides extended maternity leave for
women employees.
Prohibition on Discrimination against Women (RA 6725): Prohibits discrimination in
employment based on sex.
Providing Assistance to Women in Micro and Cottage Business (RA 7882): Supports
women-owned micro and cottage businesses.
National Women's Day (RA 6949): Declares March 8 as National Women's Day.
SENIOR CITIZEN LAWS
Social workers working with senior citizens will primarily utilize Republic Act No. 7432 (The Senior
Citizens Act), as amended by RA 9994 and RA 11916, which outlines benefits, privileges, and
responsibilities related to senior citizen welfare.
Here's a breakdown of key laws and their relevance:
Republic Act No. 7432 (The Senior Citizens Act of 1992):
This is the foundational law, outlining the rights and privileges of senior citizens, including discounts, tax
exemptions, and access to healthcare.
Key Provisions:
Discounts: 20% discount on utilities, transportation, and other services.
Tax Exemption: Exemption from income tax for those with low incomes.
Free Healthcare: Free medical and dental services in government facilities.
Republic Act No. 9994 (The Expanded Senior Citizens Act of 2010):
This act expands the benefits and privileges of senior citizens, including VAT exemption and further
discounts.
Key Provisions:
VAT Exemption: Exemption from Value Added Tax (VAT) on goods and services.
Expanded Discounts: Further discounts on various goods and services.
Senior Citizen Centers: Mandates the establishment of senior citizen centers in
all cities and municipalities.
Republic Act No. 11916 (An Act Increasing the Social Pension of Senior Citizens):
This law increases the social pension for indigent senior citizens.
Key Provisions:
Increased Social Pension: Raises the monthly social pension for indigent senior
citizens.
Republic Act No. 7876 (Senior Citizens Center Act):
This law mandates the establishment of senior citizen centers in all cities and municipalities.
Key Provisions:
Establishment of Centers: Requires the establishment of centers for
educational, recreational, social, and health programs for senior citizens.
Implementing Rules and Regulations (IRR):
The IRR of RA 7432 and RA 9994 provide specific guidelines for the implementation of the laws,
including procedures for securing senior citizen IDs and availing of benefits.
LAWS ON PERSON WITH DISSABILITIES
Social workers in the Philippines rely on laws like Republic Act No. 7277 (Magna Carta for Persons with
Disability), as amended by RA 9442 and RA 10524, to ensure the rights and inclusion of people with
disabilities.
Key Laws and their Significance:
Republic Act No. 7277 (Magna Carta for Persons with Disability): This is the cornerstone law
ensuring the full participation, equality, and empowerment of persons with disabilities (PWDs).
o Key Provisions:
Prohibits discrimination against qualified PWDs in employment, education, and
other areas.
Ensures access to barrier-free environments and public transport.
Guarantees rights to vote, assemble, and organize.
Requires the state to remove barriers that are prejudicial to PWDs.
Republic Act No. 9442: Amends RA 7277, expanding benefits and privileges for PWDs, including
prohibiting verbal and non-verbal ridicule and vilification.
Republic Act No. 10524: Expands employment opportunities for PWDs by mandating that at
least 1% of positions in government agencies and private corporations with over 100 employees
be reserved for PWDs.
Batas Pambansa Blg. 344 (Accessibility Law): Ensures accessibility for PWDs in public buildings
and facilities.
Republic Act No. 6759 (White Cane Act): Protects the rights of visually impaired persons.
Republic Act No. 10070: Establishes an institutional mechanism to ensure the implementation
of programs and services for PWDs in every province, city, and municipality.
Republic Act No. 10754: Expands the benefits and privileges of Persons with Disability (PWD).
LAWS ON HEALTH
In the Philippines, social work practice related to health is regulated by Republic Act No. 4373 (Social
Work Regulation Act), which outlines the practice of social work and the operation of social work
agencies, including those involved in health-related social work.
Here's a more detailed breakdown:
Key Laws and Regulations:
Republic Act No. 4373 (Social Work Regulation Act):
This is the primary law regulating the practice of social work in the Philippines.
It defines the scope of social work practice and the qualifications for becoming a
registered social worker.
It also regulates the operation of social work agencies, including those involved in
health-related social work.
Republic Act No. 5175 (Amendment to RA 4373):
This act amends RA 4373, further clarifying provisions related to the practice of social work.
Republic Act No. 10847:
This act lowers the age requirement for applicants taking the board examination for social workers,
provides for continuing social work education, and upgrades sundry provisions relative to the practice of
social work.
Republic Act No. 9433 (Magna Carta for Public Social Workers):
This act promotes and improves the social and economic well-being of public social workers, including
those in health-related social work.
Republic Act No. 11036 (Mental Health Act):
This act promotes mental health and well-being, ensuring access to timely, affordable, and high-quality
mental health services, which is crucial for social workers in health settings.
Republic Act No. 11058 (Occupational Safety and Health Standards):
This act aims to provide a working environment free from hazards that can cause injury, illness, or
death, ensuring the safety and health of social workers in all settings, including health facilities.
Key health and social services laws include the Universal Health Care (UHC) Act (RA 11223), the
National Health Insurance Act (RA 7875), and the Magna Carta of Public Health Workers (RA 7305),
which aim to improve access to healthcare and protect health workers.
Here's a more detailed overview:
Universal Health Care (UHC) Act (RA 11223):
This law aims to provide all Filipinos access to quality and affordable healthcare services, including
financial risk protection and strengthening primary care.
It mandates the maintenance of interoperable information systems and standardizes
the necessary health data for collection from providers.
It also focuses on strengthening the provision of primary care through appropriate
training of human resources.
National Health Insurance Act (RA 7875):
This law established the Philippine Health Insurance Corporation (PhilHealth), which provides financial
access to quality healthcare services through a social health insurance program.
Magna Carta of Public Health Workers (RA 7305):
This law ensures that public health workers are properly compensated and provides benefits and
incentives, including hazard pay, to those working in difficult or hazardous areas.
It recognizes hazards like difficult locations, strife-torn areas, and exposure to
communicable diseases.
It also addresses the need to instil health consciousness among the people.
ENVIRONMENTAL LAWS
Environmental laws are increasingly relevant in social services, impacting issues like disaster response,
climate change adaptation, and ensuring equitable access to resources and a healthy environment for
all.
Amends:
It amends Presidential Decree No. 1146, the Revised Government Service Insurance Act of 1977.
Enactment:
It was enacted on May 30, 1997.
Implementing Rules and Regulations:
The Implementing Rules and Regulations of RA 8291 further clarify and provide details on how the law is
to be implemented.
Republic Act No. 8371, also known as the Indigenous Peoples' Rights Act of 1997, is a Philippine law that
recognizes, protects, and promotes the rights of Indigenous Cultural Communities/Indigenous Peoples
(ICCs/IPs).
Here's a more detailed explanation:
Full Name:
Republic Act No. 8371, or the Indigenous Peoples' Rights Act of 1997
Purpose:
To recognize, protect, and promote the rights of Indigenous Cultural Communities/Indigenous Peoples
(ICCs/IPs).
Key Provisions:
Rights to Ancestral Domains/Lands: ICCs/IPs have the right to own, develop, control,
and use lands and territories traditionally occupied, owned, or used.
Right to Self-Governance and Empowerment: The State recognizes the inherent right of
ICCs/IPs to self-governance and self-determination.
Social Justice and Human Rights: ICCs/IPs are entitled to equal rights and opportunities,
including access to education, healthcare, and other basic services.
Cultural Integrity: The Act recognizes the importance of preserving and promoting the
cultural heritage of ICCs/IPs.
Creation of NCIP:
The Act also created the National Commission on Indigenous Peoples (NCIP) to implement and monitor
the provisions of the law.
Rights of Indigenous Women:
The Act also addresses the rights of indigenous women, ensuring equal rights and opportunities in all
spheres of life.
Ancestral Domains:
Ancestral domains are defined as the areas where ICCs/IPs have lived since time immemorial and where
they have established their cultural identity and traditional way of life.
Indigenous Concept of Ownership:
Ancestral domains are considered private but communal property, belonging to all generations and not
subject to sale, disposal, or destruction.
Republic Act No. 10906, also known as the "Anti-Mail Order Spouse Act," aims to strengthen measures
against unlawful practices, businesses, and schemes of matching and offering Filipinos to foreign
nationals for marriage or common-law partnership, repealing the previous "Anti-Mail Order Bride Law"
(RA 6955).