SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
Senate Bill' No_ 
:~ l 
Introduced by Senator Cynthia A Villar 
EXPLANATORY NOTE 
'13 
JUL -'1 
[\ c, '42 
1\...... • 
.;y:.-~ 
The Filipino presence in the labor force of almost all nations around the globe is not 
minute. In fact, the 2009 Philippine Overseas Employment Administration (POEA) Overseas 
Employment Statistics (OES) report reveals that the Philippines is a main exporter of labor to 
other countries with the Philippines sending at least 3,000 Overseas Filipino Workers (OFW) 
daily. These OFWs have been a consistent dollar earner for the country as it has brought in at 
least $17.3 Billion in the local economy as reported by POEA-OES in the year 2009 alone. This 
is equivalent to some 11-12% of the country's gross domestic product. 
To address the growing emigration of Filipinos to work abroad, it is embodied in the 
1987 Constitution, Article XIII Section 3 that "[t]he State shall afford full protection to labor, local 
and overseas, organized and unorganized, and promote full employment and equality of 
employment opportunities for all." 
In keeping with this declaration, the State has created the Philippine Overseas 
Employment Administration (POEA) and Overseas Workers Welfare Administration (OWWA) to 
support our "modern day" heroes. 
Despite the presence of the above mentioned two main government institutions that 
caters to the OFWs and with the assistance of the Department of Foreign Affairs and the 
Department of Labor and Employment, according to real life battles of these OFWs abroad. 
these OFWs still feel neglected and unsupported by the government. There are reports of 
numerous complaints and resentment from Filipinos against the government for the latter's 
apparent inadequate support (or lack thereof given) to them while they were facing tough times 
abroad -
particularly, OFWs who were in Libya, incarcerated OFWs in the middle east and 
even families of those OFWs sentenced to die In China, Singapore etc 
In fact recently, there were reports of OFWs who were allegedly sexually abused, or 
willingly engaged in prostitution, or sex-for-hire activities, some were allegedly even abused or 
pimped by the Philippine consular officers. 
ConSidering the significant value they bring In to the economy and the specialized 
problems they face abroad, it is but appropriate that a separate Department -
the Department 
of Overseas Filipino Workers -be created to cater to the special needs of the OFWs. Hence, 
this measure will transfer POEA and OWWA as an attached agency, and other related agencies 
that deals with OFW affairs, to the newly created Department thereby empowering this 
Department to adequately support and give assistance to the OFWs. 
In view of the foregOing, the immediate passage of this bill is earnes~s;ht..a 
~~;a~A_~ 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
Senate Bm No. 
31 
Introduced by Senator Cynthia A Villar 
Tl . JUL-l 
/',?:42 
AN ACT ESTABLISHING DEPARTMENT OF OVERSEAS FILIPINO WORKERS 
(DOFW), DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS 
THEREFORE AND FOR OTHER PURPOSES 
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 "Department of 
2 
Overseas Filipino Workers Act." 
3 
4 
SECTION 2. Declaration Of Policies. -
5 
6 
A To ensure the protection of the rights of Overseas Filipino Workers (OFWs), 
7 
promotion of their welfare, safety, and support; 
8 
B. To ensure a policy of the government of orderly flow of OFW movements under 
9 
favorable condition; 
10 
C. To ensure that the government reaches out and cooperates with other states 
II 
where there are OFWs; 
12 
D. To ensure the provision of information and communication services to countries 
13 
without such adequate services or provision of the same in times oficalamities or 
14 
emergencies; 
15 
E. To develop a database for OFWs to ensure assistance in times of distress; 
16 
F. To establish a strong and effective regulatory system that will ensure only fit 
17 
Filipinos are allowed to work outside of the country; 
18 
G. To promote the human capital development of OFWs to enable them to better 
19 
compete in other countries; 
20 
H. To extend deployment and repatriation assistance and support to OFWs; and 
21 
I. 
To promote the reintegration of returning OFWs. 
22 
23 
SECTION 3. Creation Of A Department Of Overseas Filipino Workers. There 
24 
is hereby created a Department of Overseas Filipino Workers (DOFW), hereinafter 
25 
referred to as the Department, which shall, among others, recommend and implement 
26 
the government's policies, plans, and programs for the promotion of protection, safety, 
27 
development, support, deployment and repatriation of OFWs. 
28 
29 
SECTION 4. Mandate. The Department shall be the primary policy, planning, 
30 
coordinating, implementing, regulating and administrative entity of the executive branch 
31 
of the Government that protects and provides assistance to OFWs who are holders of 
32 
Philippine passports. 
33 


SECTION 5. Powers And Functions Of The Department. The Department 
2 
shall have the following powers and responsibilities which shall be exercised by its 
3 
offices: 
4 
A Formulate and recommend national policies and guidelines and conduct in-depth 
5 
studies on all policy areas and options that will ensure protection of OFW and 
6 
address perennial issues OFWs face abroad, in consultation with the relevant 
7 
stake holders; 
8 
B. Assess, review, harmonize and coordinate all OFW-related local policies and 
9 
procedures and international agreements to ensure overall consistency and 
10 
implementation of the national policies; 
II 
C. Promote, advance and implement general and specific government objectives 
12 
regarding OFW activities, programs, welfare and interests; 
13 
D. Build a strong and harmonious partnership with foreign countries and the private 
14 
sectors to formulate strategies and implement the same; 
IS 
E. Represent and negotiate for Philippine interest on matters pertaining to OFW 
16 
affairs in international bodies; 
17 
F. Develop, implement and improve coordination with other countries with OFW 
18 
presence and monitor foreign developments to ensure the most reasonable 
19 
working conditions for the OFWs and create a proactive approach in providing 
20 
assistance to them especially in times of war and civil unrest, whether potential 
21 
or apparent; 
22 
G. Promote knowledge, information and resource sharing, and develop a database 
23 
to assist OFW anywhere in the world; 
24 
H. Coordinate and support the generation and build up of resources or funds for use 
25 
of OFWs; 
26 
I. 
Conduct symposia, consultations and seminars on effective OFW related 
27 
programs and plans; 
28 
J. Assist and provide technical expertise in the troubleshooting of OFWs in distress 
29 
and tap the services of personnel, foreign and local, with expertise on the 
30 
formulation of strategies and plans concerning OFW activities if needed; 
31 
K. Promote, 
develop and 
monitor the 
continuing 
education, 
training 
and 
32 
qualification, 
availability and deployment of 
OFWs and coordinate with 
33 
concerned agencies in the training of OFWs to improve their co'mpetitiveness 
34 
globally; 
35 
L. Coordinate with concerned government agencies in the training and support of 
36 
Filipinos who have worked abroad and are returning to the country; 
37 
M. Regulate and guide the business activities relative to the deployment of Filipino 
38 
workers and other related activities; 
39 
N. Promulgate rules and regulations for the implementation of its guidelines and 
40 
policies and related laws; 
41 
O. Administer, accept, hold and utilize property, both personal and real, subject to 
42 
constraints by existing laws, for the purpose of assisting of expediting the work of 
43 
the Department, and 
44 
P. To perform such other functions as maybe needed to achieve its goals and 
45 
objectives to the fullest and as may be provided by this Act. 
46 
47 
SECTION 6. Composition. The Department shall be headed by a Secretary. 
48 
The Department proper shall be composed of the Office of the Secretary, the Offices of 
49 
Undersecretaries, and Assistant Secretaries and Regional and Assistant Regional 
50 
Directors. 
51 
52 
Section 7. Secretary of Overseas Filipino Workers. The Secretary shall be 
53 
appointed by the President of the Republic of the Philippines with confirmation of the 
54 
Commission on Appointments. 
55 
56 
The Secretary shall have the following functions: 
2 


A. Provide executive direction and supervIsion over the entire operations of the 
2 
Department and its attached agencies; 
3 
B. Establish policies and standards for the effective, efficient and economical 
4 
operation of the Department, in accordance with the programs of the 
5 
government; 
6 
C. Review and approve request for financial and manpower resources of all 
7 
operating offices of the Department; 
8 
D. Designate and appoint officers and employees of the Department, excluding the 
9 
Undersecretaries and Assistant Secretaries, in accordance with the Civil Service 
10 
laws, rules and regulations; 
11 
E. Coordinate with other government agencies and public and private interest 
12 
groups, 
including 
non-government 
organizations 
(NGOs) 
and 
people's 
13 
organizations on Department policies and initiatives; 
14 
F. Undertake consultations with other members of the Cabinet and officers of the 
15 
government relating to OFW concerns; 
16 
G.Advice the President on the promulgation of executive and administrative orders 
17 
and regulatory and legislative proposals on matters pertaining to OFW 
18 
development; 
19 
H.Advise the President of the activities, programs, plans and all information 
20 
necessary or relevant to OFWs; 
21 
I. Coordinate all poliCies and programs relating to OFW affairs; 
22 
J. Formulate such rules and regulations and exercise such other powers as may be 
23 
required to implement the objectives of this Act; and 
24 
K. Perform such other tasks as may be provided by law or assigned by the 
25 
president from time to time. 
26 
27 
Section 8. Undersecretaries. 
The Secretary shall be assisted by three (3) 
28 
Undersecretaries who shall be appointed by the President upon recommendation of 
29 
the Secretary: Provided, That one (1) of the undersecretaries shall be a career officer 
30 
coming from ranks of existing government labor agencies. The undersecr~taries shall 
31 
aid the Secretary in' the performance of his/her operational duties, and shall perform 
32 
such other functions as may be directed by the Secretary. 
33 
34 
Section 9. Assistant Secretaries. The Secretary shall be assisted by three (3) 
35 
assistant secretaries who shall be career officers appointed by the President upon the 
36 
recommendation of the Secretary. 
37 
38 
Section 10. 
Qualifications. 
No personal shall be appointed Secretary, 
39 
Undersecretary or Assistant Secretary of the Department unless he is a citizen and 
40 
resident of the Philippines of good moral character and of proven integrity. 
41 
42 
Section 11. Regional Offices. The Department shall be authorized to establish, 
43 
operate, and maintain Regional Office in each of the administrative regions of the 
44 
country as the need arises. The regional office shall be headed by a Regional Director, 
45 
who may be assisted by one (1) Assistant Regional Director. The regional offices shall 
46 
have, within their respective administrative regions, the following functions: 
47 
A. Implement laws, policies, plans, programs, projects, rules and regulations of the 
48 
Department; 
49 
B. Provide technical expertise and know-how and information to provide OFW-
50 
centered and efficient services; 
51 
C. Coordinate with regional offices of other departments, offices, and agencies and 
52 
Local government units for the consolidation and integration of OFW programs; 
53 
and 
54 
D. Pl'lrform such other functions as may be provided by law or assigned by the 
55 
Secreta ry. 
56 
3 


SECTION 12. Transfer Of Bureaus, Offices And ,Agencies. The following 
2 
bureaus, offices and agencies are hereby transferred from their respective departments 
3 
(as shown in parenthesis) to the Department of Overseas Filipino Workers: 
4 
5 
A. Office for the Overseas Filipino workers Affairs (Department of Foreign Affairs); 
6 
B. Office of the Legal Assistant for Migrant Worker's Affairs (Department of Foreign 
7 
Affairs); 
8 
C. Commission on Filipino Overseas (Office of the President); and 
9 
D. All Philippine Overseas Labor Offices (Department of Labor and Employment). 
10 
II 
SECTION 13. Attached Agencies. The following agencies are hereby attached 
12 
to the Department for policy and program coordination, and shall continue and function 
13 
in accordance with the charters, laws or orders creating them, in so far as they are not 
14 
inconsistent with this Act: 
15 
16 
A. The Philippine Overseas Employment Administration (POEA); and 
17 
B. Overseas Workers Welfare Administration (OWWA). 
18 
19 
The laws and rules on govemment reorganization as provided for in Republic Act 
20 
No. 6656, otherwise known as the Reorganization Law, shall govern the reorganization 
21 
process of the Department. 
22 
23 
Section 14. Sectoral and Industry Task Forces. - The Department may create 
24 
sectoral and industry task forces, technical working groups, advisory bodies or 
25 
committees 
for 
the 
furtherance 
of 
its 
objectives. 
Additional 
private 
sector 
26 
representatives, such as from the OFWs, academe and private industries directly 
27 
involved in deployment of OFWs, as well as other National Government Agencies 
28 
(NGAs), LGUs, and GOCCs, that may be appointed to these working groups. 
29 
30 
Section 15. Structure and Staffing Pattern. - The Department shall determine 
31 
its organization structure and create new divisions or units as it may deem necessary, 
32 
and shall appoint officers and employees of the Department in accordance with the Civil 
33 
Service law, rules, and regulations. 
34 
35 
Section 16. Separation from Service. - Employees separated from the service 
36 
as a result of this reorganization shall, within ninety (90) days therefrom, receive the 
37 
retirement benefits to which they may be entitled under existing laws, rules, and 
38 
regulations. 
39 
40 
Section 17. Special Assistance Revolving Fund. A Special Assistance 
41 
Revolving Fund for OFWs in distress, both documented and undocumented, in the 
42 
amount of One Billion Pesos (P 1,000,000,000.00) is hereby created. The fund shall be 
43 
utilized for the following purposes: 
44 
A. Repatriation; 
45 
B. Medical expenses, hospitalization and purchase of medicine in the form of 
46 
vouchers for six (6) months from arrival; 
47 
C. Migration fees for overstaying Filipinos; 
I 
48 
D. Legal assistance including litigation expenses, legal fees, payment of translation 
49 
fees, attendance in court hearings; 
50 
E. Payment of blood money, when necessary; and 
51 
F. Basic necessities of OFWs caught in emergencies or are detained. 
52 
53 
Provided, That thirty percent (30%) of the total fund shall be allotted to support a 
54 
livelihood training program or re-training of returning OFWs in new skills and literacy. 
55 
56 
Section 18. Appropriation. The appropriation allotted for the Office for the 
57 
Overseas Filipino workers Affairs, Office of the Legal Assistant for Migrant Worker's 
4 


Affairs, Commission on Filipino Overseas, and all Philippine.' Overseas Labor Offices 
2 
Shall be transferred to the Department of Overseas Filipino Workers. 
3 
4 
Provided, That the amount needed for the initial implementation of the this Act 
5 
shall be taken from the current fiscal year's appropriation of the transferred agencies to 
6 
the Department of Overseas Filipino Workers. Thereafter, the amount needed for the 
7 
operation and maintenance of the Department shall be included in the General 
8 
Appropriations Act: Provided, That for the next fiscal year, following the approval of this 
9 
Act, the appropriation for the Department shall not be lower than five billion pesos. 
10 
Provided further, That 1 billion pesos (1,000,000,000.00) of the same appropriation shall 
11 
be allotted for the Special Assistance Revolving Fund as stated in Section 17 hereof. 
12 
13 
SECTION 19. Separability Clause. - If any part or provision of this Act is held 
14 
unconstitutional or invalid, the other parts or provisions hereof which are not affected 
15 
thereby shall continue to be in full force and effect. 
16 
17 
SECTION 20. Repealing Clause. - All laws, orders, rules or regulations which 
18 
are inconsistent with or contrary to the provisions of this Act are hereby amended or 
19 
repealed accordingly. 
20 
21 
SECTION 21. Effectivity. -This Act shall take effect fifteen (15) days after its 
22 
publication in at least two (2) national newspapers of general circulation. 
23 
24 
Approved, 
5