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INTRODUCED BY REPRESENTATIVE ALFRED VARGAS

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Philippines

EIGTHEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 242s

EXPLANATORY NOTE

The Philippines is one of the nations whose investment in the global market is labor
force. Our Overseas Filipino Workers (OFWs) have been a consistent dollar earner for
the country. In 2009 alone they have brought in at least $17.3 Billion in the local
economy as reported by POEA- OES. This is equivalent to some 11-12% of the
country's gross domestic product. The remittances made by the Overseas Filipino
Workers have helped in stabilizing the economic situation of the country despite
global recessions and economic downturn. In 2012, the Bangko Sentral ng Pilipinas
(SSP) estimated official remittances coursed through banks at 5% over 2011 figures
to US$21 billion But official remittances are only a fraction of all remittances
Remittances including those sent through other means are estimated by the Asian
Bankers Association to be 30 to 40% higher than the official BSP figure

‘The rise of global employment and the acceptance of large-scale manpower among the
various industries worldwide have opened an opportunity to our competitive skilled
and non-skilled workers to reach their dream of having a successful career by secking
greener pastures abroad. The continuous increase of overseas workers have triggered
the enactment of Executive Order 797, creating the Philippine Overseas
Employment Administration (OWWAL to develop employment opportunities,
ensure the protection of workers, and the promotion of industrial peace. In order to
ensure the welfare of our Kababayans abroad, RA 8042, otherwise known as the
Migrant Workers and Overseas Filipino Act of 1995, has been enacted to be able to
uphold the dignity of our citizens and to protect their rights even outside the country
However, it cannot be denied, that various confusions have been experienced as to
who among the agencies of the government should act on some queries of our
Kababayans. Instead of giving them ease and comfort, problems have arisen in terms
of their employment, insurance, benefits, and so on because of red tape and the
ensuing confusion as to which agency has jurisdiction. To address this problem, and
to make it better for our Kababayans working abroad, this Bill is being introduced to
unify the diversified agencies in order for them to serve the greater good for the
Filipinos overseas. This is consistent with the fundamental precept found under
Section 3, Article XIII of the 1987 Constitution: "to afford full protection to labor,
local and overseas, organized and unorganized, and promote full employment and
equality of employment opportunities for all.” These two agencies, POEA and



OWWA, together with other allied Bureaus and Offices could become more effective
channels of public service if they work under a single umbrella organization ensuring
that there are no overlapping measures, functions and services. This bill features the
establishment of a permanent fund, the OFW assistance fund, intended to guarantee
support to all Filipinos working abroad in times of contingencies, including the
payment of blood money if need be and the creation of programs to support the
reintegration and well-being of our returning migrant heroes. As a sign of our gratitude,
we have called this Overseas Filipino Workers (OFWs} as our "Modern Heroes"
Considering the significant value they bring in to the economy and the specialized
problems they face abroad. It is only appropriate that a separate Department — the
Department of Overseas Filipino Workers -be created to cater to the special needs of
the OFWs. This umbrella organization will not only unify but also streamline the
services for OFWs by having POEA and OWWA as attached agencies, together with
Bureaus and allied Offices in order to adequately support and give assistance to the
OFWs whereverr they may be.

In view of the foregoing and bearing in mind the needs of our OFWs the enactment of
this bill is earnestly sought.

'P. ALFRED/VARGAS
Fifth District, Qezon City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No._2425

INTRODUCED BY REPRESENTATIVE ALFRED VARGAS _

ANACT
ESTABLISHING THE DEPARTMENT FOR OVERSEAS FILIPINO WORKERS {DOFW),
DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFORE
AND FOR OTHER PURPOSES

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

SECTION 1. SHORTTITLE. This Act shall be known as the "Department of Overseas
Filipino Workers Act of 2019."

SECTION 2. DECLARATION OF POLICIES.- It is the policy of the State to afford
full protection to labor, local and overseas, organized and unorganized, and promote
full employment and equality of employment opportunities for all. Towards this
end the State shall ensure the respect for the dignity and fundamental human rights and
freedoms of the Filipino workers overseas wherever they may be. Recognizing the immense
contribution of OFWs to the national economy, the State shall likewise invest in programs
for the reintegration of returning OFWs, ensure their welfare and provide assistance to their
families.

SECTION 3. CREATION OF A DEPARTMENT OF OVERSEAS FILIPINO
WORKERS.There is hereby created a Department of Overseas Filipino Workers (DOFW),
hereinafter referred to as the Department, which shall, among others, recommend and
implement the Government's policies, plans, and programs for the promotion of protection,
safety, development, support, deployment and repatriation of overseas Filipino workers, and
dealing with other hazards while working abroad.

‘The Department shall be the primary agency tasked with the enforcement of the rights of
OFWs as provided under Republic Act No. 8042 otherwise known as the Migrants Workers
Act of 1995 as amended

SECTION 4. POWERS AND RESPONSIBIUTIES OF THE DEPARTMENT. The


Department shall have the following powers and responsibilities which shall be
exercised by its offices:

A. Formulate and recommend national policies and guidelines and conduct in-depth
studies on all policy areas and options that will ensure protection of OFW in
consultation with the relevant stake holders,

B. Assess, review,harmonize and coordinate all OFW-related local policies and
procedures and international agreements to ensure overall consistency and
implementation of the national policies;

C. Promote, advance and implement general and specific government objectives
regarding OFW activities, programs, welfare and interests,

D. Build a strong and harmonious partnership with foreign countries and the private
sectors to formulate strategies and implement the same,

E, Represent and negotiate for Philippine interest on matters pertaining to OFW affairs in
international bodies,

F. Develop, implement and improve coordination with other countries with OFW
presence and monitor foreign developments to ensure the most reasonable working
conditions for the OF Ws and create a proactive approach in providing assistance to them
especially in times of war and civil unrest, whether potential or apparent,

G_ Promote knowledge, information and resource sharing, and develop a database to assist
OFW anywhere inthe world;

H_ Assist and provide technical expertise in the troubleshooting of OFWs in distress and tap
the services of personnel, foreign and local, with expertise on the formulation of
strategies and plans concerning OFW activities if needed,

1. Promote, develop and monitor the continuing education, training and qualification,
availability and deployment of OFWs and coordinate with concerned agencies in the
training of OF Wsto improve their global competitiveness,

J. Coordinate with concerned government agencies in the training and support of
Filipinos who have worked abroad and are returning to the country,

K. Regulate and guide the business activities relative to the deployment of Filipino
workers and other related activities,

L. Promulgate rules and regulations for the implementation of its guidelines and
policies and related laws,

M. Administer, accept, hold and utilize property, both personal and real, subject to
constraints by existing laws, for the purpose of assisting of expediting the work of the


Department, and

N. To perform such other functions as maybe needed to achieve its goals and objectives to the
fullest and as may be provided by this Act

SECTION 5. COMPOSITION. -The Department shall be headed by a Secretary
who shall be appointed by the President of the Republic of the Philippines with
confirmation of the Commission on Appointments. The Secretary shall be assisted by three
(3) Undersecretaries who shall be appointed by the President upon recommendation of the
Secretary: Provided, That one (1) of the undersecretaries shall be a career officer coming
from ranks of existing government labor agencies. The undersecretaries shall aid the
Secretary in the performance of his/her operational duties, and shall perform such other
functions as may be directed by the Secretary. The Secretary shall be assisted by three (3)
assistant secretaries who shall be career appointed by the President upon the recommendation
of the Secretary.

SECTION 6. POWERS OF THE SECRETARY . -The Secretary shall have the
following functions

A. Provide executive direction and supervision over the entire operations of
the Department and its attached agencies,

B Establish policies and standards for the effective, efficient and
economical operation of the Department, in accordance with the programs of the
government,

C. Review and approve request for financial and manpower resources of all
operating offices of the Department;

D. Designate and appoint officers and employees of the Department, excluding
the Undersecretaries and Assistant Secretaries, in accordance with the Civil
Service laws, rules and regulations,

E. Coordinate with other government agencies and public and private interest
groups, including non-government organizations (NGOs) and people's
organizations on Department policies and initiatives,

F. Undertake consultations with other members of the Cabinet and officers of
the government relatingto OF W concerns,

G. Advice the President on the promulgation of executive and administrative
orders and regulatory and legislative proposals on matters pertaining to OFW
development;

H. Advise the President of the activities, programs, plans and all information


necessary or relevant to OF Ws;

1. Coordinate all policies and programs relating to OF W affairs;


J. Formulate such rules and regulations and exercise such other powers as may be
required to implement the objectives of this Act, and

K. Perform such other tasks as may be provided by law or assigned by the
president
from time to time.

SECTION 7. QUALIFICATION. - No person shall be appointed Secretary,
Undersecretary or Assistant Secretary of the Department unless he is a citizen and resident of
the Philippines of good moral character and of proven competence and integrity

SECTION 8. SATELITE OFFICES. The Department is hereby authorized,
when circumstances so warrant, to establish, operate, and maintain in each of the
administrative regions of the country and in selected countries abroad , as satellite
offices to facilitate the effective functioning of the Department. These offices shall,
within their respective regional jurisdictions, exercise the following functions:

A. Implement laws, policies, plans, program , projects, rules and regulations of
the Department;

B. Provide technical expertise and know-how and ‘information to provide
OFW-centered and efficient services.

C. Coordinate with regional / satellite offices of other departments, offices, and
agencies and Local government units for the consolidation and integration of
OFW programs, and

D. Perform such other functions as may be provided by law or assigned by
the Secretary

SECTION 9. TRANSFER OF BUREAUS, OFFICES AND AGENCIES. The
following bureaus, offices and agencies will be transferred from their respective
departments (as shown in parenthesis) to the Department of Overseas Filipino Workers:

A. Office forthe Migrant Workers Affairs (Department of Foreign Affairs)
B. Commission on Filipino Overseas (Office of the President)
C. All Philippine Overseas Labor Offices (Department of Labor and Employment)

SECTION 10. ATTACHED AGENCIES. -The following agencies are hereby
attached to the Department for policy and program coordination, and shall continue and
function in accordance with the charters, laws or orders creating them, in so far as they
are not inconsistent with this Act


A. The Philippine Overseas Employment Administration (POEA); and

B. Overseas Workers Welfare Administration (OWWA).

The laws and rules on government reorganization as provided for in Republic
Act No. 6656, otherwise known as the Reorganization Law, shall govern the
reorganization process of the Department.

SECTION 11. POEA AND OWWA BOARD; CHAIRMANSHIP. -
Notwithstanding any provision of law to the contrary, the Secretary of the Department
of Overseas Filipino Workers shall replace the Secretary of Labor and Employment as
Ex-Officio Chairperson of the respective Boards of the Philippine Overseas
Employment Administration and the Overseas Workers Welfare Administration. The
Latter however shall remain as a member of the respective boards.

SECTION 12. ORGANIZATIONAL STRUCTURE AND STAFFING
PATTERN. - The Department shall determine its organization structure and create new
divisions or units as it may deem necessary, and shall appoint officers and employees of
the Department in accordance with the Civil Service law, rules, and regulations.

SECTION 13. SEPARATION FOR SERVICE.- Employees separated from the
service asa result of this reorganization shall, within ninety (90) days therefrom,
receive the retirement benefits to which they may be entitled under existing laws,
rules, and regulations

SECTION 14. | OFW ASSISTANCE FUND. AN OFW Assistance Fund for OFWs in
distress, both documented and undocumented, inthe amountof One Billion Pesos
P1,000,000,00000) is hereby created. The fund shall be utilized for the following purposes

A. Repatriation;

B. Legal assistance including litigation expenses, legal fees, payment of translation
fees, attendance in court hearings;

C. Payment of blood money, when necessary; and
D. Basic necessities of OFWs caught in emergencies or are detained.
Provided, That thirty percent (30%} of the total fund shall be allotted to

support a livelihood training program or re-training of returning OFWs in new
skills and literacy


SECTION 1S. | APPROPRIATION §S,. - Provided, That the amount needed for the
initial implementation of the this Act shall be taken from the current fiscal year's
appropriation of the transferred agencies to the Department. Thereafter, the amount
needed for the operation and maintenance of the Department shall be included in the
General Appropriations Act: Provided, That for the next fiscal year, following the approval
of this Act, the appropriation for the Department shall not be lower than five billion pesos (P
5,000,000,000.00). Provided further, That one billion pesos (1,000,000,000.00) of the same
appropriation shall be allotted for the OFW Assistance Fund as stated in Section 13 thereof.

SECTION 16. SEPARABILITY CLAUSE. - Ifany part or provision of this Act
is held unconstitutional or invalid, the other parts or provisions hereof which are not
affected thereby shall continue to bein full force and effect.

SECTION 17. REPEALING CLAUSE. -All laws, orders, rules or regulations
which are inconsistent with or contrary to the provisions of this Act are hereby amended or
repealed accordingly

SECTION 18. EFFECTIVITY. -This Act shall take effect fifteen (15) days
after its complete publication in at least two (2) national newspapers of general circulation

Approved.