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Republic of the Philippines ReCkiveD
HOUSE OF REPRESENTATIVE!

Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4899

Introduced by Rep. Winston “Winnie” Castelo

EXPLANATORY NOTE

According to the latest data from the Philippine Statistics Authority, the
number of Overseas Filipino Workers (OFWs) who worked abroad at anytime during
the period April to September 2015 was estimated at 2.4 million, and data over the
years suggest that there is an increasing trend in the number of OFWs being
deployed.’ Further, OFW remittances have steadily increased. In 1990, the yearly
remittances reached the one billion US dollar mark and 24 years later or in 2014,
had increased to 24 billion US dollars, constituting ten percent (10%) of the country's
Gross Domestic Product. Thus, although the OFW program was meant to be a
temporary measure to address the labor crisis in the 1970s, it has-now become a
major feature of our economy, such that OFWs have been declared as bagong
bayani or modern-day heroes for keeping our economy afloat in times of financial
crisis.

Unfortunately, branding OFWs as heroes does not mean that the government
has treated them as such. In April 2015, the nation witnessed Mary Jane Veloso's
clamor for clemency from the government of Indonesia to reverse her death
sentence. The government was severely criticized for its alleged “last minute” efforts,
and Veloso's mother was reported as saying that “taumbayan ang tumulong.”* Just
recently, the government was again caught off-guard with the execution of Jakatia
Pawa in Kuwait. Unlike other cases of OFWs on death row wherein families are
informed by the Department of Foreign Affairs (DFA) two or three days before the
scheduled date of execution, Pawa’s family learned of the execution ahead of the
DFA.

These two cases highlight the need for the government to institute changes in
its mechanism of support for OFWs in order to provide them more efficient and more
meaningful services and to better protect their rights.

It is worth noting that under the current system, several agencies and offices
are tasked to handle the various concerns of OFWs. Aside from the DFA, OFWs and
their families also have to deal with the Department of Labor and Employment
(DOLE) and its attached agencies, the Philippine Overseas Employment

* Philippine Statistics Authority, 2015 Survey on Overseas Filipinos. https://psa.aov phicontent/2015-
survey-overseas-filipinos-0

Voltaire Tupaz, Mary Jane Veloso’s family to Aquino: ‘Taumbayan ang tumulong’. Rappler, May 1,
2016, available at http://www. appler. com/nation/91743-mary-jane-veloso-family-arrive-manila



Administration (POEA) and the Overseas Workers Welfare Administration (OWWA).
This often confuses our OFWs as to which agency has jurisdiction over their
particular concerns.

This bill seeks to address this anomaly by creating a Department of Overseas
Filipino Workers (DOFW) to be the single government agency that would provide a
unified and coordinated service to OFWs from deployment to repatriation. Moreover,
this proposal also seeks to protect and strengthen the OFW families who often suffer
from broken marriages, drug addiction, and other psychological problems brought

about by long separation of OFWs with their spouses and children. By establishing
OFW Family Centers that shall provide welfare assistance and counselling services

problems attendant to overseas employment.

In view of the foregoing, immediate consideratiofi and passage of this bill is
eamestly sought.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4899

Introduced by Rep. Winston “Winnie” Castelo

AN ACT CREATING THE DEPARTMENT OF OVERSEAS FILIPINO
WORKERS, DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES

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

CHAPTER |
GENERAL PROVISIONS,

SECTION 1. Short Title. — This Act shall be known as the “Department of
Overseas Filipino Workers Act.”

SEC. 2. Declaration of Policy. ~ It is the policy of the State to afford full
protection to labor, local and overseas, organized and unorganized, and promote full
employment and equal employment opportunities for all. Pursuant thereto, the State
shall provide adequate and timely social, economic, and legal services to Filipino
migrant workers to ensure that their welfare is promoted.

While recognizing the significant contribution of Filipino migrant workers to the
national economy through their foreign exchange remittances, the State does not
promote overseas employment as a means to sustain economic growth and achieve
national development. The existence of the overseas employment program rests
solely on the assurance that the dignity and fundamental human rights and freedoms
of all Filipino migrant workers shall not, at any time, be compromised or violated. The
State, therefore, shall continuously create local employment opportunities and
promote the equitable distribution of wealth and the benefits of development.

SEC. 3. Definition of Terms. — The following terms, as used in this Act, shall
mean:

a) “Act” refers to the “Department of Overseas Filipino Workers (DOFW) Act”;


b) “Bonafide Non-Government Organizations (NGOs)' refers to non-
government or civil society or faith-based organizations duly recognized by
the Philippine Embassy as active partners of the Philippine Government in
the protection of Filipino migrant workers and the promotion of their
welfare;

°)

“Contracted Workers” refers to Filipino workers with employment contracts
already approved by the Department for overseas deployment;

dq)

“Left-Behind Households” means families left behind by OFWs to work
abroad; and

e) “Migrant worker’ refers to a person who is to be engaged, is engaged or
has been engaged in a renumerated activity in a state of which he or she
is not a legal resident, to be used interchangeably with overseas Filipino
worker (OFW).

SEC. 4. Interpretation. — In interpreting the provisions of this Act, including its
implementing rules and regulations, the courts shall have due regard to the policy of
the law in favor of labor.

SEC. 5. Creation of a Department of Overseas Filipino Workers. — There is
hereby created the Department of Overseas Filipino Workers, hereinafter referred to
as the Department, which shall prepare, integrate, coordinate, supervise, and control
all plans, programs, projects, and activities of the Government relative to overseas
employment.

SEC. 6. Mandate. — The Department shall be the primary policy-making,
programming, coordinating and administrative entity of the Executive Branch of the
government in the field of overseas labor and employment. It shall formulate and
undertake a systematic program for promoting the welfare of OFWs and monitoring
their overseas employment, taking into consideration domestic manpower
requirements and the need to protect their rights to fair and equitable employment
practices.

SEC. 7. Powers and Functions. -- The Department shall assume the powers
and functions of the Philippine Overseas Employment Administration (POEA), the
Overseas Workers Welfare Administration (OWWA), and other government offices
dealing with overseas employment, such as the Office of the Undersecretary for
Migrant Workers Affairs in the Department of Foreign Affairs, the Commission on
Filipinos Overseas under the Office of the President; and the Philippine Overseas
Labor Office under the Department of Labor and Employment.

SEC. 8. Organizational Structure. - The Department shall consist of the
Office of the Secretary, and Undersecretaries and Assistant Secretaries, the
Services, and the Regional Offices. The Secretary, Undersecretaries, and Assistant
Secretaries shall be appointed by the President.


CHAPTER II
DEPARTMENT PROPER

SEC. 9. Office of the Secretary. — The Office of the Secretary shall consist of
the Secretary and his immediate staff.

SEC. 10. Undersecretary. — The Secretary shall be assisted by at least four
(4) but not more than six (6) Undersecretaries who shall be appointed by the
President. The Secretary is hereby authorized to delineate and assign the respective
functional areas of responsibility of the Undersecretaries.

SEC. 9. Assistant Secretaries. -The Secretary shall likewise be assisted by
not more than four (4) Assistant Secretaries who shall be appointed by the President
upon the recommendation of the Secretary. The Secretary is hereby authorized to
delineate and assign the respective areas of functional responsibility of the Assistant
Secretaries. Within his functional area of responsibility, the Assistant Secretary shall
assist the Secretary and Undersecretaries in the formulation, determination and
implementation of laws, policies, plans, programs and projects on Overseas Filipino
Workers and shall oversee the day-to-day administration and supervision of the
constituent units of the Department.

SEC..10. Department Services. - The Department shall have the following
services:

a) Planning Service —The Planning Service shali provide the Department
with efficient, effective and economical services relating to planning,
programming, project development and evaluation, and the development
and implementation of a management information system.

b) Administrative Service—The Administrative Service shall provide the

Department with efficient, effective and economical services relating to

records, management, supplies, equipment, collections, disbursements,

building administration and maintenance, security and custodial work.

°)

Human Resource Development Service—The Human Resource
Development Service shall provide the Department with a program and
corresponding projects that shall make available training, education and
development opportunities needed to upgrade the levels of competence
and productivity of Department managers and personnel.

d

Financial Management Service.—The Financial and Management Service
shall be responsible for providing the Department with efficient, effective
and economical services relating to budgetary, financial, management
improvement and internal control matters.

e)

Legal Service —The Legal Service shall provide legal advice and service
to Department officers and employees; prepare informative or clarificatory


opinions on laws, rules and regulations related to overseas labor for
uniform interpretation thereof; answer legal queries from the public: assist
the Office of the Solicitor General in suits involving the Department or its
officers or employees or act as their principal counsel in all actions taken
in their official capacity or other causes before judicial or administrative
bodies.

f) International Labor Affairs Service—The International Labor Affairs
Service shall be responsible for monitoring the observance and
implementation of all obligations, courtesies, and facilities required by
international labor affairs, and related international labor standards and
agreements reached in various international labor forums, treaties, and
other multilateral, bilateral or multi-bilateral agreements in the area of labor
and employment; provide staff support and policy guidelines to the
Secretary in the supervision, monitoring and reporting of the activities of
the Philippine overseas labor officers assigned in different countries; serve
as the instrumentality of the Department for technical cooperation,
programs and activities with other countries and international institutions.

Information and Publication Service.—The Information and Publication
Service shall be responsible for rapport and understanding between the
Department and the public through the development of public relations
programs and the dissemination of accurate and updated information on
overseas labor and employment, by means of publications and media
coverage of special events and related matters on the Department's
policies, plans, programs, and projects; likewise, it shall be responsible for
providing answers to queries from the public regarding the Department's
policies, rules, regulations, programs, activities and services.

9)

SEC. 11. Regional Offices. - The Department is hereby authorized to
establish, operate, and maintain Regional Offices in each of the administrative
regions of the country, insofar as necessary to promote economy and efficiency in
the delivery of its services. Its Regional Office shall be headed by a Regional
Director who shall have supervision and control thereof. The Regional Director,
Whenever necessary, shall be assisted by an Assistant Regional Director. A
Regional Office shall have, within its regional areas, the following functions:

a)

Implement laws, policies, plans, programs, projects, rules and regulations
of the Department;

b)

Provide economical, efficient and effective service to the people;

°)

Coordinate with regional offices of other departments and agencies;

d

Coordinate with local government units; and

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


CHAPTER Ill
SPECIAL ASSISTANCE FOR OVERSEAS FILIPINO WORKERS
AND THEIR FAMILIES

SEC. 12. OFW Assistance Fund. — A Special Assistance Fund for OFWs in
distress, both documented and undocumented, in the amount of One Billion Pesos
(Php1,000,000,000.00) is hereby created. The fund shall be utilized for the following
purposes:

Repatriation;

b)

Medical expenses, hospitalization and purchase of medicines;

c)

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

d)

Payment of blood money, when necessary; and

e)

Basic necessities of detained OFWs or those who are in emergency
situations.

Provided, That at least thirty percent (30%) of the total fund shall be allotted to
provide monetary support, in the form of lump sum payment not exceeding Fifty
Thousand Pesos (Php50,000.00) for each recipient, to be given to OFWs who have
been victims of abuse by their employers, or those who have been repatriated from
host countries due to natural or man-made calamities; Provided, further that in the
utilization of the Fund, the principles of accountability and transparency shall be fully
observed.

SEC. 13. Social Assistance Program for OFW Families. — A Social Assistance
Center for OFW families is hereby established, to provide the following services

a) Welfare and counselling services for families of OFWs;

b) To serve as coordinating office to bona fide non-governmental
organizations catering to the plight of OFWs; and

c) To serve as a link of left-behind households to various services of the
government relating to overseas employment.

SEC. 14. Congressional Oversight Committee. - A Congressional Oversight
Committee is hereby constituted in accordance with the provisions of this Act. The
Committee shall be composed of the Chairman of the Senate Committee on Labor,
Employment and Human Resources Development and the Chairman of the House
Committee on Overseas Workers Affairs and four (4) additional members from each
House to be designated by the Senate President and the Speaker of the House of


Representatives, respectively. The Committee shall monitor and ensure the proper
implementation of this Act and review the use of the Special Assistance Fund.

The Congressional Oversight Committee shall be in existence for a period of
five (5) years, and thereafter, its oversight functions shall be exercised by the Senate
Committee on Labor, Employment and Human Resources Development and the
House Committee on Overseas Workers Affairs acting separately.

CHAPTER IV
TRANSITORY PROVISIONS

SEC. 15. Transfer of Rights, Assets, and Liabilities. - The Department shall,
by virtue of this Act, be subrogated to all rights and assume all the liabilities of
OWWA and POEA and all other agencies or government units whose functions and
powers have been transferred to the Department. Alll funds, including unexpended
appropriations and/or allocations, records, property, assets, and such personnel as
necessary, shall likewise be transferred to the Department. All contracts and
liabilities of said offices, agencies, and government units are hereby transferred to
and assumed by the Department and shall be acted upon in accordance with the
Auditing Code and other pertinent laws, rules, and regulations.

SEC. 16. Absorption of Employees of the Consolidated Agencies. — As far as
practicable, the officers and employees of the OWWA, POEA, and all other agencies
or government units shall be absorbed by the Department, in accordance with its
organizational structure and staffing pattern to be determined by the Secretary as
provided in the immediately succeeding section.

SEC. 17. Organizational Structure and Staffing Pattern. — The organizational
structure and staffing pattern of the Department shall be determined by the
Secretary, in consultation with the Department of Budget and Management (DBM),
within sixty (60) days after the approval of this Act. In filling the authorized positions
created therein, preference shall be given to the personnel of the affected agencies.

SEC. 18. Separation From Service. - Employees separated from the service
as a result of this reorganization shall, within six (6) months from their separation
from the service, receive the retirement benefits to which they may be entitled under
existing laws, rules, and regulations.

CHAPTER V
APPROPRIATION

SEC. 19. Appropriations. - The amount necessary for the initial
implementation of this Act shall be taken from the current fiscal year appropriations
of the OWWA, POEA, and pertinent offices of the DOLE and the DFA. Thereafter,
the amount needed for the operation and maintenance of the Department shall be
included in the annual General Appropriations Act.


CHAPTER VI
FINAL PROVISIONS

SEC. 20. Implementing Rules and Regulations. — Within ninety (90) days from
the promulgation of this Act, the Department of Labor and Employment shall
formulate rules and regulations as may be necessary for the proper implementation
of this Act.

SEC. 21. Separability Clause. — If any provision or part hereof is held invalid
or unconstitutional, the remainder of the provision not otherwise affected shall
remain valid and subsisting.

SEC. 22. Repealing Clause. — Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule or regulation contrary
to, or inconsistent with, the provisions of this Act is hereby repealed, modified or
amended accordingly.

SEC. 23. Effectivity. - This Act shall take effect after fifteen (15) days
following its publication in at least two (2) newspapers of general circulation

Approved,