DOJ: Solicitation permits still required

Not all government agencies are exempt from securing public solicitation permits from the Department of Social Welfare and Development (DSWD), according to the Department of Justice (DOJ). In a legal opinion authored by Justice Undersecretary Raul Vasquez, the DOJ said that the exception applies to national government agencies, government-owned and -controlled corporations, state universities and colleges and other governmental agencies whose charters or special laws provide them the authority to solicit or conduct fund drives. Also exempted from securing public solicitation permits from the DSWD, the DOJ added, are local government units since the Local Government Code of 1991 allows the city mayor or municipal mayor to issue permits without the need of approval from any national agency, for the holding of activities for any charitable or welfare purpose. The DOJ issued the legal opinion in response to Social Welfare Secretary Rex Gatchalian, who sought clarification on whether government agencies are exempt from obtaining public solicitation permits from the DSWD, citing Presidential Decree No. 1564, which only mentions duly organized private and semigovernmental entities, associations, and does not mention government entities. Vasquez cited the DSWD’s Memorandum Circular No. 17 Series of 2014, or the Revised Omnibus Rules and Regulations on Public Solicitation. —TINA G. SANTOS