Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

House Bill No. 181

ive MARLESA “DOC MARLY” HOFER-HASIM.

EXPLANATORY NOTE

In accordance, the State values the dignity of every human person and guarantees full
respect for human rights. Pursuant thereto, the State recognizes the right of out-of-school youth to
social protection and to develop their full potential as partners in nation-building.

The gravity of the situation is underscored by official statistics. According to the Philippine
Statistics Authority (PSA), based on the 2020 Census of Population and Housing, nearly 11 million
children and young individuals within the country are not attending formal school. Specifically,
out of the 42.8 million household population aged five to 24 years old, 10.7 million, constituting
a significant 25 percent, are classified as out-of-school children and youth (OSCY). These figures
highlight the substantial scale of the challenge the State faces in ensuring educational access and
social inclusion for this demographic.

While the State endeavors to provide every Filipino with the opportunity to attend and
complete formal schooling, it is equally imperative to ensure that those who are unable to access
or remain in the traditional education system are treated equitably and receive necessary support.
‘The plight of out-of-school youth is particularly acute; they constitute one of the most vulnerable
sectors of society and are frequently subjected to discrimination. Addressing their specific needs
is crucial for social equity and national development.

In relation hereto, this proposed legislation seeks to directly address the challenges faced
by out-of-school youth by establishing a comprehensive framework for their social protection.
Furthermore, the legislation intends to ensure that out-of-school youth are entitled to fair access to
employment and economic opportunities, thereby fostering self-sutficiency.

To protect the rights of the out-of-school youth, support for the passage of this legislation
is eamestly sought,

~
MARLESA “DOC MARLY” HOFER-HASIM
Representative, 2" District of Zamboanga Sibugay


10
uu
12
13
14
15
16
7

Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City, Metro Manila

TWENTIETH CONGRESS

First Regular Session

81

House Bill No. __

Introduced by Representative MARLESA “DOC MARLY” HOFER-HASIM.

AN ACT
PROVIDING FOR THE MAGNA CARTA OF THE OUT-OF-SCHOOL YOUTH

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. - This Act shall be known as the “Magna Carta of the Out-of-
School Youth.”

SEC. 2. Declaration of Policy. ~ Article Il, Section 11 of the Constitution provides that
the State values the dignity of every human person and guarantees full respect for human rights.
Pursuant to the aforementioned mandate, the State recognizes the rights of the out-of-school youth
(OSY) tw social protection and to the develupment of their full potential as partuers ia nation
building.

SEC. 3. Objectives, - The objectives of this Act are as follows:

(a) To recognize, protect, and promote the rights of the OSYs;

(6) To empower and encourage the OSYs to contribute to nation-building;

(c) To give full support to the improvement of the total well-being of the OSYs by
providing learning and employment opportunities as well as the needed social
services and interventions; and

(d) To recognize the important role of the private sector in improving the welfare of
the OSY and to actively seek their partnership.


wovanaw

10

wu
12
3

4
15
16
v7

19
20
a
22
23

24
25
26
Pa
28
29

30
a1
32

33
34

35

36
37
38
39
40
41

CHAPTER IT
DEFINITION OF TERMS
SEC. 4, Definition of Terms. — As.used in this Act:

(a) Alternative Learning System (ALS) refers to a parallel learning system in the
Philippines that provides a practical option to the existing formal instruction and
equivalent pathways to basic education. It includes both the non-formal and informal
sources of knowledge and skills;

(b) Local Social Welfare and Development Officer (LSWDO) refers to the officer
designated as such under the Social Welfare and Development Offices in the local
government unit (LGU);

(c) Out-of-school youth refers to a member of the population aged 15 to 30 years old
who is currently out of school, not gainfully employed, and has not finished
secondary or college education;

(d) Social protection refers to policies and programs that seek to reduce poverty and
Vulnerability (o risks and enhance the social sialus and righis of ali OSY by
promoting livelihood and employment opportunities, including its major
components such as labor market interventions, social insurance, social welfare, and
social safety nets;

(€) Substantive equality refers to the fundamental aspect of human rights law that is
concemed with equitable outcomes and equal opportunities for the disadvantaged
and marginalized groups in society, including protection against discrimination,
marginalization, unequal distribution of opportunities, and limited access to goods
and services;

(f) Technical-Vocational Education and Training (TVET) refers to the education or
training process designed at post-secondary and lower tertiary levels, officially
recognized as non-degree programs aimed at preparing technicians,
paraprofessionals and other categories of middle-level workers by providing them
with a broad range of general education, theoretical, scientific and technological
studies, and related job skills training; and

(g) TVET graduate refers to a student or trainee who has compieted the requirements
set for a Technical Education and Skills Development Authority (TESDA)-
registered TVET course or program.

CHAPTER IIL

DUTIES RELATED TO THE HUMAN RIGHTS OF OUT-OF-SCHOOL YOUTH

SEC. 5. State as the Primary Duty-Bearer. — The State shall, through the National Youth
Commission (NYC), Commission on Human Rights, and other concerned youth-serving agencies,
be guided by progressive developments on the aspect of human rights of the OSY under
international law and shall endeavor to formulate policies, laws, and other regulatory measures to
fulfill these duties. It shall institute programs that will carry out the objectives of this Act and
promote:



woaxvan

10

uw

2
23
14

15
16
7
18
19

20
2
22
23

24
25
26
7

28
29
30

31

32
33
34
35
36
37
38

(a) The protection of the rights of the OSYs against discrimination of any kind by private
corporations, entities, individuals, and from any institution, public or private; and

(b) The promotion of substantive equality on the rights of the OSY in all aspects of growth
and development.

SEC. 6. Duties of the State Agencies and Instrumentalities. — The duties of the State as
stated in Section 5 of this Act shall extend to all state agencies, offices, and instrumentalities at all
levels of government, including government-owned and controlled corporations, subject to the
Constitution and pertinent laws, policies, and administrative guidelines that define specific duties
of concemed state agencies and entities.

CHAPTER IV

RIGHTS AND EMPOWERMENT

SEC. 7. Human Rights of Out-of-School Youth. — An OSY shall enjoy, without
discrimination, all rights provided for in the Constitution and those rights recognized under
international instruments duly ratified by the Philippines.

SEC. 8, Protection from Violence. ~The State shall ensure that all OSYs shall be protected
from all forms of violence, physical abuse, sexual exploitation, and human trafficking as provided
for under existing laws. The Department of Justice, Department of Social Welfare and
Development (DSWD), and other concerned agencies shall give priority to the defense and
protection of the OSYs and help them in attaining justice and social equality.

SEC. 9. Equal Treatment Before the Law. ~The NYC and other youth-serving agencies
shall take active steps to review and, when necessary, submit proposals to amend or repeal existing
laws that are discriminatory to the OSYs, and submit legislative proposals, as far as practicable, at
the start of every Congress.

SEC. 10. Representation of Out-of-School Youth Issues and Concerns in Media, Film,
and Other Platforms. ~ The NYC and other concerned agencies shall formulate policies and
programs for the advancement of the OSYs in collaboration with government and non-government
organization (NGO) media-related organizations.

For this purpose, the State shall ensure the allocation of resources for the production,
publication, dissemination, and airing of all forms of information materials on the rights of the
OSYs and the various services and benefits provided to them under this Act.

SEC. 11. Recognition and Preservation of Cultural Identity and Integrity. — The rights
‘of Moro and indigenous OSYs to practice, promote, protect, and preserve their own culture,
traditions, and institutions and to consider these rights in the formulation and implementation of
national policies and programs shall be upheld. To this end, the National Commission on Muslim
Filipinos and the National Commission on Indigenous Peoples shall, in consultation with the
sectors concerned, protect their rights, indigenous knowledge system and practices, traditional
jood, and other cultural manifestations, recommend legislation and other appropriate

live


wayvans

10
uw
12
13
14

15

16

7
18

19
20
a
22

23
24
25
26
co
28

29
30
31

32
33

34
35
36
37

measures to promote and to respect them: Provided, That these cultural systems and practices do
not discriminate against other OSYs who do not belong to the Muslim or Indigenous Peoples.

SEC. 12. Right to Decent Work. — The Department of Labor and Employment (DOLE)
shall, in coordination with TESDA, ensure decent work standards for OSYs who have graduated
from TVET courses, including the following minimum guarantees:

(a) Local job generation and employment, economic opportunities, and providing strict
regulations against forced and involuntary displacement;

(b) Protection of the rights and promotion of the welfare of migrant TVET graduates
regardless of work status and protection against discrimination in wages, conditions of
work, and employment opportunities in host countries; and

(©) Opportunities for work shall be productive and fairly remunerative as family living
wage, security of tenure in the workplace, and better prospects for personal
development and social integration.

CHAPTER V
GOVERNMENT ASSISTANCE AND SUPPORT

SEC. 13. Government Assistance. —'The national government shall, through its agencies
and instrumentalities, provide the following:

(a) Education - The Department of Education (DepEd), TESDA, and the Commission on
Higher Education (CHED) shall, in consultation with NGOs, institute a program that
will ensure access of the OSYs to formal, informal, and non-formal leaning

opportunities;

(b) Health - The Department of Health (DOH) shall, in coordination with LGUs and
NGOs, institute a national health program and provide an integrated health service for
OSYs: Provided, That the DOH shall provide the OSYs and their families with sexual
and reproductive health education and information, as well as family counseling to
curb the number of dropout cases due to early marriage and pregnancy, marital
conflict, and other famity problems;

(c) Social Services - The DSWD shall, in cooperation with the LGUs, NGOs, and other
relevant stakeholders, develop and implement programs on social services for the
OSYs, the components of which are:

(J) Social Enhancement Services that provide the OSYs with opportunities for
socializing, organizing creative expression, and self-improvement;

(2) After Care Services that provide support for the OSYs who are discharged from the
homes or institutions of the DSWD, and other private institutions duly accredited
by the DSWD, especially those who have problems of reintegration with family and
the community; and


avons

10
u
2

3

14

15
16
7
18
19

20
21

22
23
24

25
26
7
28
29

30
31
32

33
34
35
36
37
38

(3) Social Case Management that includes a comprehensive, updated list and detailed
profile of all known OSYs in the respective localities for the purpose of providing
age-appropriate social service interventions.

(6) Employment - The DOLE shall, in coordination with other government agencies such
as the Department of Trade and Industry (DTI) and TESDA, assess, design, and
implement training programs that will provide jobs, entrepreneurial skills and
facilitation, agricultural training, and livelihood opportunities for the OSYs.

SEC. 14, Social Protection. — The National Anti-Poverty Commission and concerned
agencies shall institute for the OSYs policies and programs that seek to reduce poverty and
vulnerability to risks by mandating their employers to provide mandatory life, accident, and health
insurance coverage.

CHAPTER VI
EDUCATION

SEC. 15. Technical Vocational Education, — It shall be the duty of the State to provide
technical or vocational education to the OSYs. The course shall be provided and managed by
TESDA subject to its rules and regulations: Provided, That an officer of the TESDA shall be
assigned as a TESDA adviser who shall monitor the progress and development of the OSYs in the
chosen technical vocational course.

SEC. 16. Alternative Learning System, — An ALS of education shall be made available
to OSYs.

For OSYs who are under the care and custody of a home or an institution managed or
accredited by the DSWD, the latter shall coordinate with the DepEd for the provision of an ALS
within its premises.

SEC. 17. Promotion to Formal Tertiary Education. - The LSWDO may recommend an
OSY to be a recipient of a scholarship grant from the CHED under either Republic Act No. 10931,
otherwise known as the “Universal Access to Quality Tertiary Education Act” ot Republic Act
‘No. 10687, otherwise known as the “Unified Student Financial Assistance System for Tertiary
Education (UniF AST) Act.”

An OSY who is a recipient of any CHED scholarship grant shall execute a scholarship bond,
subject to the condition of rendering at least two (2) years of service to the government upon
completion thereof.

SEC. 18. Entrepreneurial Education. - The DTI shall, in coordination with TESDA and
other relevant government agencies, conduct training programs to provide the OSYs with the
knowledge, skills, and motivation to engage in entrepreneurial endeavors in a variety of settings.
These programs shall include small business management, new approaches to innovation,
developing creativity or the introduction of new products or services to the markets and providing
aid to nascent entreprencurial undertaking to grow and sustain the business of the OSYs.


Nous

10
1
2
2B
4
15

16
7
18
19
20
a
2
23
24
25
26
7

28

29

30
31
32
33

34
35

Both public and private higher education institutions shall set a minimum number of
admissions of returning OSYs, scholarship grants, and other financial support to OSYs.

SEC. 19. Education Cost and Support. - The DepEd, CHED, and TESDA shall provide
formal, non-formal, informal, technical and vocational education services to the OSYs free of
charge. It shall likewise provide materials, instruments, and tools needed to carry out and complete
said programs.

CHAPTER VII

ESPECIALLY DIFFICULT CIRCUMSTANCES

SEC, 20. Especially Difficult Circumstances. - OSYs who are in especially difficult
circumstances such as those with disabilities, victims of sexual and physical abuse, illegal
recruitment, prostitution, trafficking, armed conflict, OSYs in conflict with the law, and other
difficult circumstances such as pandemic and other public health emergencies, which have caused
functional incapacity in society, shall be provided with services and interventions as necessary,
such as:

(a) Temporary and protective custody;
(b) Medical, dental, and physical therapy services;
(©) Mental health care;

(d) Psychological evaluation;

(e) Counseling;

(f) Psychiatric evaluation;

(g) Legal services;

(h) Productivity capability building;
(i) _ Livelihood assistance;

G)__ Financial assistance;

(k) Life skills training; and

() Health education and information.

CHAPTER VIII

ADMINISTRATION AND ENFORCEMENT

SEC. 21. Role of the Advisory Council, ~The Advisory Council created under Section 14
of Republic Act No. 8044, otherwise known as the “Youth in Nation-Building Act” shall, in
addition to its respective mandates, implement the provisions of this Act which shall include the
following duties and functions:

(a) Formulate a National Comprehensive Multi-Stakeholder Plan of Action for the OSYs
which shall include back-to-school transitional support, career pathing, counseling,

6


10
wu

12
cE

4
15

16

7

18
19

20
2a
22

23
24
25
26

7

28
29
30

at

mental and reproductive health education and services, skills training and livelihood
assistance;

(b) Coordinate, monitor, and ensure that the relevant agencies of the government have
appropriate yearly work programs for the OSYs in accordance with the objectives of
this Act;

(©) Cause the dissemination of information and engender national public awareness of the
plight of the OSYs in the country through social media, government media and
broadcasting facilities, and other modem channels of communication;

(d) Review and ascertain existing policies that are discriminatory to the OSYs as a
subsector and recommend to Congress remedial legislative measures and interventions
rmination to the OSYs; and

to eradicate all forms of

(e) Fumish the NYC on a yearly basis a national situationer on OSYs, including the
available programs, services, and interventions available for them.

SEC. 22. Roles and Responsibilities of Concerned Agencies. — The following agencies
shall perform the following duties and responsibilities:

(a) The NYC shall:

(1) Establish and maintain an updated database of OSYs at the national and local levels;

(2) Assess the needs of the OSYs and recommend to concemed agencies the necessary
interventions to address them;

(3) Capacitate the Sangeuniang Kabataan (SK), Task Force on Youth Development,
and Local Youth Development Council (LYDC) to implement the provisions of this
Act at the local level; and

(4) Coordinate with concerned government agencies, private or NGOs, the necessary
programs and projects designed to promote the general welfare, development, and
empowerment of the OSYs as part of the multi-stakeholder plan of action for the
OSYs.

(b) The DepEd, CHED, and TESDA shall:

(1) Identify learning opportunities and establish programs for the OSYs such as
returning to formal schooling, enrolling in the ALS, pursuing TVET for those who
are not fully equipped (o return to in-school education;

(2) Provide materials, instruments, and tools needed by the OSYs; and


10
1

12
3B

14
15

16
7

18
19
20

2a
22

23

24
25
26

27
28

29

(3) Monitor the progress of the OSYs.

(c) The LSWDO shall:

(1) Conduct social case management and profiling of the OSYs in every city and
municipality for the provision of age-appropriate social service interventions;

(2) Draw up a list of available and necessary services which can be provided for the
OSYs;

(3) Institutionalize the implementation of LGU-based psycho-social services for OSYs
such as the Unlad Kabataan and Pag-asa Youth Association programs;

(4) Maintain and regularly update on an annual basis the list of OSYs and submit the
list to the Office of the Secretary of the DSWD, the NYC, and the Philippine
Statistics Authority;

(5) Issue nationally uniform individual identification cards free of charge, which shall
be valid anywhere in the country;

(6) Serve as a focal person on the dissemination of general information and feedback
in regard to the needs of the OSYs;

(7) Report to the Mayor, any individual, establishment, business entity, institution, or
agency found violating any provision of this Ac

(8) Monitor, supervise, and enforce the implementation of information dissemination
through social media, government media, and broadcasting facilities of the plight
of the country’s OSYs; and

(9) Coordinate with the Advisory Council to ensure compliance with the provisions of
this Act.

(d) The SK and LYDC shall:

(1) Initiate and implement, in coordination with concemed goverment agencies,
private or NGOs, programs and projects designed to promote the general welfare,
development, and empowerment of the OSYs;

(2) Promulgate resolutions, in consultation with the Katipunan ng Kabataan, necessary
to carry out the objectives for the OSYs in the barangay;

(3) Assist in the mapping out of the OSYs in every barangay;


evans

10

wu

12
B

oo
15

16
wv
18

19
20

an
2
23
24
25

26
7
28
29
30

31

32
33
34

35

(4) Conduct programs and activities for the OSYs which are in line with the
Comprehensive Barangay Youth Development Plan and the applicable provisions
of this Act;

(5) Partner with other youth-serving agencies and organizations in planning and
executing projects and programs of specific advocacies for the OSYs such as health
and anti-drug abuse, including reproductive health, disaster risk reduction and
resiliency, employment and livelihood, gender sensitivity, and sports development;
and

(6) The Panlalawigang Pederasyon ng mga SK shall submit an annual situationer
report on the OSYs of their respective provinces to the NYC.

(e) The LGUs shall:

(1) Ensure the database creation and mapping out of OSYs at the municipal, city, and
barangay levels;

(2) Mobilize the SK and the LYDCs to assist in the delivery of the necessary services
and interventions for the OSYs under their respective jurisdictions;

(3) Provide programs for the OSYs, including back-to-school transition, enrolment in
the ALS or TVET, provision of counseling, and mental and reproductive health
services in the barangay, municipal, and city levels; and

(4) Set targets on the number of OSYs to be back in school, enrolled in ALS or TVET,
and availed of the social protection programs:

Provided, That the LGUs shall, through the Community Training and Employment
Coordinators or duly designated LGU personnel, monitor the progress and development
of the OSYs in the chosen technical vocational course by requiring the technical
vocational institutions to submit, among others, regular enrollment and completion
reports of the programs being implemented.

(f) The Department of Agriculture (DA) through the Philippine Council for Agriculture
and Fisheries shall, in coordination with LGUs and DA, ensure the inclusion of the OSYs
through their organizations to be represented in the agriculture and fishery councils from
the national down to the regional and local levels to ensure full engagement of OSYs in
agricultural development.

SEC. 23. Role of Non-Government Organizations. — NGOs or private volunteer
organizations dedicated to promoting, enhancing, and supporting the welfare of OSYs are hereby
encouraged to become government partners in implementing programs and projects for the OSYs.

CHAPTER IX


ouawn

on

10
uw
12
2B
14
15
16
Ww
18
19

20
a

22
23
24
25

26
ou
28

29
30

at

32
33
34
35
36

37
38

39
40

FINAL PROVISIONS

SEC. 24. Punishable Acts and Penalties. — The following acts shall be deemed violations
of this Act with the following corresponding penalties: (1) Discrimination against OSYs by private
corporations, entities, and individuals; (2) Discrimination in wages, condition of work, and
employment opportunities; and (3) Non-compliance with the mandatory coverage by employers
of health, accident, and life insurance.

(a) For the first violation, imprisonment of not less than six (6) months but not more
than two (2) years and a fine of not less than Fifly thousand pesos (P50,000.00) but
not more than One hundred thousand pesos (P100,000.00);,

(b) For any subsequent violation, imprisonment of not less than two (2) years but not
more than six (6) years and a fine of not less than One hundred thousand pesos
(P100,000.00) but not more than Two hundred thousand pesos (P200,000.00);

(©) For any person who avails of any of the benefits and privileges under this Act but
who is not qualified to avail of the same, imprisonment of not less than six (6)
months and 2 fine of not less than Fifty thousand pesos (P50,000.00) but not more
than One hundred thousand pesos (P100,000.00); and

(d) If the offender is a corporation, organization, or any similar entity, the officials
thereof directly involved in the violation or abuse shall be held liable.

If the offender is an alien or a foreigner, the person shall be deported immediately
‘upon service of sentence without further proceedings.

Upon filing of the appropriate complaint or information, the proper authorities
shall, in coordination with the concerned LGU, cause the cancellation or revocation of the
business permit, permit to operate, franchise, and other similar privileges granted to any
business, entity, or person that fails to abide by or violates the provisions of this Act.

SEC. 25. Appropriations. - The amount necessary for the initial implementation of this
‘Act shall be charged against the current year’s appropriation of the departments and agencies
concerned. Thereafter, such amount shall be included in the annual General Appropriations Act.

The LGU concemed may set aside funds from any local revenue an amount deemed
appropriate for the implementation of this Act.

SEC. 26. Implementing Rules and Regulations. - The NYC, the members of the
Advisory Council created under Republic Act No. 8044, TESDA, and CHED shall, not later than
thirty (30) days upon the effectivity of this Act, promulgate the necessary rules and regulations for
the effective implementation of this Act: Provided, That failure to promulgate the rules and
regulations shall not prevent the implementation of this Act upon its effectivity.

SEC. 27. Separability Clause. — If any part or provision of this Act is held invalid or
‘unconstitutional, the other provisions not affected thereby shall remain in full force and effect.

SEC. 28. Repealing Clause. — All laws, executive orders, issuances, decrees, rules, and
regulations inconsistent with or contrary to the provisions of this Act are deemed amended,

10


modified or repealed accordingly.
SEC. 29. Effectivity. - This Act shall take effect fifteen (15) days after its publication in

the Official Gazette or in a newspaper of general circulation,

Approved,

Mh