Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

i EIGHTEENTH CONGRESS
First Regular Session

3637
HOUSE BILLNO, __

Introduced by: HON. “*KUYA” JOSE ANTONIO R. SY-ALVARADO

AN ACT CREATING THE DEPARTMENT OF OVERSEAS FILIPINOS, DEFINING ITS
POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR, RATIONALIZING THE
ORGANIZATION AND FUNCTIONS OF GOVERNMENT AGENCIES RELATED TO
MIGRATION, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The sacrifices Filipino people working abroad or overseas Filipino workers (OFWs) make just
fo provide a better life for their families earned them the title of the nation’s modern-day heroes. The
improvement of the Philippine economy often attributed to their remittances further cemented theit

} mark in the country,

According to the reports made by the Bangko Sentral ng Pilipinas (BSP), cash remittances from
li both sea- and land-based overseas Filipino workers have amounted to a record high of $32.21 billion

Personal remittances remained a major driver of domestic consumption, accounting for 9.7 percent of
| Bross domestic product (GDP) and 8.1 percent of the gross national income (GNI) in 2018,

i But our modem day heroes are also facing their own occupational hazards and working in a
, foreign environment multiplies the physical and emotional risks exponentially. OFWs also face the risk
of being a victim of abuse and violence,

‘The Philippine government should enhance assistance programs to address these challenging
situations. The State must also formulate an integrated program for the promotion of the welfare of
Filipinos overseas for implementation’ by suitable existing agencies. Currently, there are existing
agencies that have mandates relative to overseas employment namely: the Department of Labor and
Employment (DOLE), the Philippine Overseas Employment Agency (POEA), the Overseas Workers
Welfare Administration (OWWA), and the Department of Foreign Affairs - Office of the
Undersecretary for Migrant Workers Affairs (DFA-OUMWA),

But issues connected to abuse and violence, illegal recruitment, lack of initiative to educate and
prepare OFWs and their families about the risks, non-allocation of the government to conduct research
to alleviate and mitigate risks and anticipate new risks, insufficient benefits and support system, lack of
assistance programs, lack of policies and measures to promote and protect the rights of OFWs,
Recessitates the creation of a commission or department that shall function as a direct co
body that will strengthen the mandates of existing agencies to promote the welfare of Fil
with respect to their rights and interests.

‘Thus, the approval of this bill is earnestly sought.

“KUYA” JOSE/ANTONIO R. SY-ALVARA\
Representative

First District of Bulacan

* (Agcaoili, 2019) Agcaoili,L. (2019, February 16). Remittances,
\ PhilStar Global.

2m overseas Filipinos hit all-time high in 2018.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

! EIGHTEENTH CONGRESS
f First Regular Session

HOUSE BILL NO. 632

Introduced by: HON. “KUYA” JOSE ANTONIO R. SY-ALVARADO.

AN ACT CREATING THE DEPARTMENT OF OVERSEAS FILIPINOS, DEFINING
ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR,
RATIONALIZING THE ORGANIZATION AND FUNCTIONS OF GOVERNMENT
AGENCIES RELATED TO MIGRATION, AND FOR OTHER PURPOSES

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

CHAPTER 1
| GENERAL PROVISIONS
SECTION 1. Short Title, — This Act shall be known as the “Department of OFW Act”

SEC. 2. Declaration of Policies. —

(a) In the pursuit of an’ independent ‘foreign policy and while considering national
sovereignty, territory- integrity, national. interest, and the right to. self-determination
paramount in its relations and with other states, the State shall, at all times, uphold the
dignity of its citizens, whether in country or overseas, in general, and Filipino migrant
workers, in particular, continuously monitor international conventions, adopv/be signatory
to and ratify those that guarantee protection 10 our migrant workers, and endeavour to
center into bilateral agreements with countries hosting overseas Filipino workers,

(b) The State shall afford full protection to OFWs, promote full employment, ensure equal

i ‘work opportunities regardless of sex, gender, race, creed or religion, regulate the relations

i between OFWs and their employers, and promote their welfare and well-being at all
times. The State shall protect the rights of the workers to security of tenure, and just
humane conditions of work. Towards this end, the State shall provide adequate and
timely social, economic, and legal services to OFWs;

(©) While recognizing the significant contribution of Filipino migrant workers and overseas
Filipinos to the national economy through their foreign exchange remittances and
investments, the State does not promote oversees employment as a means to sustain
economic growth and achieve national development. The existence of the oversees

ti employment program rests solely on the assurance that the dignity and fundamental
tren" human rights and freedoms of the Filipino citizens shall not, at any time, be compromised
i oid of yiolated. The State, therefore, shall continuously create local employment
i opportunities and promote the equitable distribution of wealth and the benefits of
1 ik development. Toward this end, the State shall continually aim to make migration a choice

‘and not a necessity for every Filipino worker,

(d) The State affirms the fundamental equality the law of women and men and the significant
role of women in nation building, Recognizing the contribution of overseas migrant
‘women workers and their particular yulnerabilities, the State shall apply gender sensitive
criteria in the formulation and implementation of policies and programs affecting migrant
and the composition of bodies tasked for the welfare of migrant worker,


(e) Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not
be denied to any person by reason of poverty. In this regard, it is imperative that an
effective! mechanism be instituted to ensure that the rights and interests of distressed
overseas Filipino, in general, and Filipino migrant workers, in particular, whether
regular/documented or irtegular/undocumented, are adequate protected and safeguarded;

(1) The right if Filipino migrant workers and of all overseas Filipinos to participate in the
democratic decision-making processes of the State and to be represented in institutions
relevant to overseas employment is recognized and guaranteed;

(g) The State recognizes non-governmental organizations, trade unions, workers
associations, business organizations and other stakeholders duly recognized as legitimate,
as partners of the State in the protection of Filipino migrant workers and in the promotion
of their welfare; The State shall contribution of recruitment and manning agencies shall
form part of this partnership;

(h) The State shall protect every citizen desiring to work locally or overseas by securing for
him or her the best possible terms and conditions of employment. The State shall
endeavor to facilitate a free choice of available employment by persons seeking work and
regulate the movement of workers in conformity with the national interest;

(i) The State further affirms that the Filipino family, as a basic autonomous social
institution, is the foundation of the nation, accordingly, the solidarity of the families of

+. OFWs shall be strengthened and their total deyelopment shall be actively promoted;

Gi) The State shall endeavor to fulfil its commitment in the fulfilment of the 23 objectives of
the Global Compact for Safe, Orderly and Regular Migration (GCM),

_ SEC3. Definition of Terms, — ‘The following terms, ‘as used in this ‘Act, shall mean;
i %

A) Act refers to dh Pdper et ‘of Overseas Filipino Act”

B) Authority refers to a document issued by the Secretary authority the officers, personnel, agents, or
representatives of licensed recruitment‘manning agency to’ conduct recruitment and placement
activities as a private recruitment entity;

C) Inregular/(ndocumented Filipino Migrant Workers refers to the follow’
(1) Those who acquired their passports through fraud or misrepresentation;
(2) Those who possess expired visas or permits to stay;

(3) Those who have no travel documents whatsoever;
(4) Those who have valid but inappropriate visas; or
(5) Those whose employment contracts were not approved by the Department.

D) License refers) to the ‘document issued by the Secretary authorizing a person, partnership or
corporation to operate a private recruitment/manning agency;

£) Manning Agency refers to any person, partnership or corporation duly licensed by the Secretary

"to engage in the recruitment and placement of seafarers for ships plying international waters and
for related maritime activities;

F) Overseas Filipinos refers to employment of a worker outside the Philippines;

G) Overseas Filipinos. refers to migrant workers, other Filipino nationals, and their dependents
abroad, including Filipinos who.are permanent residents abroad;

H) Overseas Filipino Worker or Migrant Worker. refers to a, Filipino who, is to be engaged, is
‘engaged, or has been engaged in remunerated activity in a state of which he or she is not citizen,
ron board a yessel nayigating the foreign seas other than a government ship used for military or
‘non-commercial purposes, or on an installation located offshore or on the high seas. A “person to
be engaged in a remunerated activity” refers to an applicant worker who has been promised or
assured employment overseas;

1) Overseas Filipino Worker in, Disaster refers to an Overseas Filipino Workers who has a medical,
psycho-social or legal assistance problem requiring treatment, hospitalization, counselling, legal
representation, or any kind of intervention with the authorities in the country where he or she is
found;



» | — 2) Private Recruitment/Employment Agency refers to any person, partnership or corporation duly

ide licensed by the Secretary to engage in the recruitment and placement of workers for overses
‘employment for a fee which is changed, directly or indirectly, from the workers who renewed
their employment contracts with the same principal;
Regular/Documented Overseas Filipino Workers refers to the following:
14 a nin Bh) i
(2) Those who possess ald pasepodts and spprgyriais isa or per (0 stay and work in the
| receiving country; and;
) Those who contracts of employment have been approved by the Department,

abe i ie

Seafarer refers to any who is employed or engaged in overseas employment in any capacity on
board a ship other than a government ship used for military or non-commercial purposes. The
definition shall include fisher folk, cruise ship personnel, and those serving on mobile offshore
\ and drilling units in the high seas;
™M) Secretary refers to the Secretary of the Department of Overseas Filipinos and Migrant Workers;

{ t CHAPTER I
i ae THE DEPARTMENT PROPER,

3, hereinafter referred to as the Department, is
hey organized, Structurally and tunenonally in accordance with the provisions of this Act.

The Department is hereby created to serve as the primary agency under the Executive Branch

| Tasked to promote the welfare of overseas Filipinos; formulate, plan, coordinate, promote, administer,
‘implement policies, and undertake a systematic national development program for managing, and

“Mhonitoring the overseas/foreign employment of Filipino Workers, including seafarers, domestic helpers,

| © skilled and unskilled workers taking into consideration domestic manpower requirements and the need to

" protect their rights to fair and equitable employment practices. be

| The Department shall render an annual of its activities and achievements to the President and to

"Congress. In: Addition, it shall have original and exclusive jurisdiction over all cases involving

: employeriemployee relations, documented/regular or undocumented/irregular workers, arising out of or

"by virtue of any law or contract involving Filipino Workers for overseas employment.

© | SECS: Powers and Functions. ~ In pursuit ofits mandate, the Department shall have the following
|) powers and functions; j
iif
a) Formulate, recommend and implement national policies, plans, programs, and guidelines that
will ensure the protection of Overseas Filipinos and Migrant Workers, and address. the
problems that they face abroad in consultation with all relevant stakeholders;
), Conduct, indepth studies on all policy. areas and. options that will ensure protection of OFW
sy and address. perennial. issues, OFWs: face, abroad, in. consultation. with the. relevant
sho et SHAKSHONI EES 20 5 oe a2 sal
|), Assess, Fevlew, harmonize, and coordinate all OF W-related local policies and procedures and
Neg ay | > International agreements, to ensure. overall consistency, and implementation of the national
é odie PRUE. bhava cmpurtallts lar Miaarpagasticen. if
d) Protect and promote the interest of every citizen to work overseas by securing for him/her the
|, most equitable terms and conditions of employment and by, providing social and welfare
Dobbie SMR Ah cts hier ceamiy mn
8) Proteet'and promote the welfare, well-being, and interests of the families of OF Ws;
i f), Formulate general guidelines concerning wage and income policy subject to the limitations
imposed by the laws of the foreign countries;
ats 8). Build a strong and harmonious partnership with foreign, countries and the private sectors to
= formulate strategies and implement the same;



seat hh) Assess, review, harmonize, and coordinate applicable policies and procedures as well as
S multilateral or bilateral treaties and agreements with OFW countries of destination and other
migrant countries of origin, the United Nations and its affiliate organizations, and other
_ international and regional organizations, for a and processes, in coordination with the
Department of Labor and Employment (DOLE) and the Department of Foreign Affairs
1 (DFA),
1) Represent Philippines interests and negotiate on matters pertaining to overseas Filipino and
| migrant workers in intemational bodies, in coordination with the Department of Foreign
| Affairs and the Department of Labor and Employment;
43) Be the primary agency in countries of destination in charge of Overseas Filipinos and
Migrant Workers concerns under the control and supervision of the head of Post in the person
(ofthe Ambassador or Consul General following the One Country Team Approach (OCT A),
“Employ a proactive approach in providing assistance to the Overseas Filipinos and Migrant
Workers i in times of war, civil unrest, or other analogous circumstances whether potential or
actual; i
1) Assist and provide timely assistance 10 Overseas Filipinos and Migrant Workers in distress

© and, for this purpose tap the services of local and forcign-based personnel, lawyers, labor

+ experts, security providers and other professionals;

m) Proyide social and yyelfare seryices to OFWs, including insurance, social work assistance,
legal assistance, cultural services and remittance services; :

Provide job, matching. services to, the public, in cooperation with the Department of

Education, the Commission on Higher Education, the Technical Education and Skills

Development Authority, and other government agencies, civil society and non-governmental

organizations, with the view of promoting the global competitiveness of the Filipino;

Promote, knowledge, information and. resource sharing, and develop a database system

complete with information on the status and location of Overseas, Filipinos and Migrant

Workers anywhere in the world; i

Coordinate and support the generation and buildup of resources of, funds for, the use of

Overseas Filipinos and migrants Workers;

Coordinate with concerned government agencies in the training and spre ofEilipings who

haveworked abroad and are returning tothe country;

Regulate and guide | the ‘business activities relative to the deyelopment of | Filipino workers and

other related activities;

Regulate the operation of private recruitment agencies and, other relevant business entities

inyolyed in the deployment of OFWs taking into account the. primary of upholding, the

weltare and protection of OFWs, and with due consideration to relevant market conditions;

Assist in the professionalization, training and capacity building of private, recruitment

agencies, and recognize their freedom of association for the purpose of self-regulation,

raising accountability and effective representation, and the adoption of a code of ethical

‘conduct among its members, and provide a system of incentives therefor;

Assume. all other powers, functions, and responsibilities assigned to the DOLE, relating to

OFWs provided ‘for under Republic Act No. 8042, as amended, otherwise known as the

Migrant Workers Act of 1995, R.A. No. 10801 otherwise known as the Overseas Workers

Welfare Administration Act, and other related laws, and

Promulgate rules and regulations for the implementation of its guidelines and policies and

related laws, & : aa

P
it

¥ ‘ i
SEC 6. Composition. the Department shall consist of the Deparment proper comprising of the Orfice
f the Secretary, the office of the Underseeretaries and Assistant Secretaries, the Sevice Units and the
ee its Regional cine fey :
at!
© The \Sccretaryx'shall\ibe: appointed ‘by: the ‘president’ and confirmed by ihe Commisten ar
Appropriations. The Undersecretaries and Assistant Secretaries shall. be likewise be appointed by the
President upon the recommendation of the Secretary. |
BAL Gap A

st


SEC 7. Secretary of the Department of Overseas Filipinos, — the authority and responsibility for the
| exercise of the mandate of the Department and for the discharge of its powers and functions shall vested

in the Secretary of Overseas Filipinos, hereinafter referred to as the Secretary, who shall have supervision
| and control over the Department. For such purposes, the Secretary shall have the following powers and
functions;

(a) Establish the policies and standards for the operation of the Department pursuant to the

approved programs of government;

By $ (b) Exercise jurisdiction over al bureaus, offices, agencies and corporations under the

\ Department as are provided by law, and in accordance with the applicable relationships as
specified in Chapters 7,8 and 9 of the Administrative Code of 1987;

| (c) Delegate authority for the performance of any function to officers and employees of the

Sine Department

Supra (4) Advise that President on the promulgation of executive and administrative orders, others

- regulative issuances, and legislative proposals on matters pertaining to foreign labor and
employment;

ls (e) Formulate policies, guidelines, rules and regulations and other issuances essential and

y necessary to carry out Department policies, plans, programs and projects;

(f) Issue orders, directives, rules and regulations, and other issuances to carry out foreign labor
and employment policies, plans, programs and projects;

(g) Coordinate with other government offices, labor, organizations, anes associations, and
any other group to carry out the mandate of the Department;

(h) Negotiate with foreign government in coordination with the Department of Foreign A\Tairs
treaties, agreements, compacts, and other instruments that are related to labor migration;

(i) Evaluate the policy, plan, programs and project accomplishments of the Department;

(i) Prepare reports for the President and for the public;

(k) Administer and manage the Overseas Filipinos Assistance Fund, and issue guidelines for the
proper utilization of the Fund; and

(I) Exercise such other powers and functions as may be provided by law or assigned by the
President.

_ SEC. 8. Department Units. — The following units are hereby created to be each headed by an Assistant
Secretary and assisted by other officers and staff.

a. The Policy Planning, Research, and Legal Affairs Unit which shall:

1, Undertake research necessary in preparation and evaluation of policy reports, treaties, and
multilateral and bilateral agreements;

2. Assist and draft policies in line with the functions of the Office of the Secretary and the
Department;

3. Ensure that development policies are in line with the national government;

4, Analyze data in order to make informed decisions and to guide policy intervention with regard
{o migration and foreign employment,

5, Ensure collection of accurate and quality statistics to conduct analysis of the changes in the
labor and foreign market;

6, Advise and assist the Secretary’ and the Undersecretaries in the formulation of the
Department's over-all long-range and short-term plans and programs on overseas employment,
with special focus on the government's compliance with international labor agreements;

7. Reviews and evaluates the progress/status of projects and accomplishments in relation to set
standards, objectives and schedules: and


8, Perform such other functions as may be provided by law or assigned by the Secretary and/or
Undersecretaries from time to time.

b. Administrative Unit which shall provide the Department with efficient, efficient and, economical
services relating to records, management, supplies, and equipment, collections, disbursements, building
administration and maintenance, security, and custodial work;

© & Human Resource Development Unit which shall provide the Department with 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. It
shall absorb the powers and functions of the Administrative Service in relation to the development and
administration of personal programs including selection and placement, development, performance
evaluation, employee relations, and welfare;

d. Financial Management Unit which shall be responsible for providing the Department with efficient,
effective, and economical services relating to budgetary, financial, management improvement, and

internal contro! matters;

~ €, Information and Publication Unit which shall be responsible for promoting rapport and understanding

between the Department and the Public through the development of public relations programs and the

dissemination of accurate and update information ‘on foreign labor and employment, by means of

Publication, radio, television, and social media coverage of special events and related matters on the
Department’s policies, plans, programs, and projects. The service shall likewise be responsible for
providing answers to. queries. from the public regarding the Department’s policies, rules, regulations,
programs, activities, and services; and

£ The Overseas Filipinos Assistance Fund Unit which shall be responsible for assisting the Secretary in
the management and use of the Overseas Filipinos Assistance Fund.

SEC. 9. Undersecretaries. — The Secretary shall be assisted by not more than six (6) Undersecretaries
Who shall be appointed by the President upon the recommendation of the Secretary. The following offices
are hereby created to be each headed by an Undersecretary and assisted by other officers and staff:

4 Office of the Undersecretary for Administration and Finance which 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; administer personnel programs including selection and placement, development,
‘performance evaluation, employee relations, and welfare; manage internal budgetary and financial
matters, The Office shall supervise the operational actiyities, of the Administrative Unit, Human
Resource Development Unit and the Financial Management Unit;

+b. Office of the Undersecretary for Foreign Employment which shall absorb the mandates and

| functions of the Philippine Overseas Employment Administration under Executive Order 247 s.
1987 and Republic Act No, 8042, as amended, and shall have the following additional functions:

1, Advise and assist the Secretary in the formulation of the Department's over-all long-
range and short-term plans and programs on overseas employment, with special focus
on the government's compliance with international labor agreements;
Review and evaluate the progress/status of projects and accomplishments in relation to
set standards, objective and schedules;
3. Supervise the operational activities of the Policy Planning, Research and Legal Affairs
Unit, and the Information and Publication Unit; and
4. Perform such other functions as may be provided by law or assigned by the Secretary
from time to time.
Office of the Undersecretary for Reintegration and Social Seryices which shall absorb the mandates
and functions of the Overseas Workers Welfare Administration under Republic Act No. 10801,
implement and deliver programs and services through regional and on-site operations and shall have
the following additional functions:


1. Develop support. programs and projects for livelihood, entrepreneurship, savings,
Nu inyestment and financial literacy for returning Filipino overseas migrant workers and
their families, in coordination with relevant stakeholders, service providers and

i; international organizations;

Coordinate with appropriate stakeholders, service providers and relevant international

organizations for the promotion, development and the full utilization of the skills and

potentials of returning overseas Filipino workers;

3. Institute, in cooperation with other government agencies concerned, a computer-based
information system on returning Filipino overseas migrant workers which shall be
accessible to all local recruitment agencies and employers, both public and private;

4. Provide a periodic study and assessment of job opportunities returning Filipino
‘overseas migrant worker;

5. Develop and implement other appropriate programs to promote the welfare of returning
Filipino overseas migrant workers,

6. Maintain an interest-based communication system for on-line registration of returning
OFWs and interaction with clients, and maintain and upgrade computer-based service
capabilities of the Department;

7. Develop capacity-building programs for returning overseas Filipino workers and their
families, implementers, service proyiders and stakeholders; *

8. Conduct research for policy recommendations and program development;

9, Administer the OWWA Fund; f

10, Administer the Migrant Workers Loan Guarantee Fund; and

11, Undertake other programs and activities as may be determined by the Department.

d. Office of the Undersecretary for Overseas Filipinos which shall have the program following functions:

1. Formulate, in coordination with agencies concerned, an integrated program for the
promotion of the welfare of Filipinos overseas for implementation by suitable existing
agencies; i

2. Coordinate and monitor the implementation of such as integrated program;

3, Initiate and directly undertake the implementation of special projects and programs,
Whenever necessary, to promote the welfare of Filipinos overseas with respect to their
interests and activities in the Philippines;

4. Serye as a forum for preserving and enhancing the social, economic and cultural ties of
Filipinos overseas with their motherland;

5. Provide liaison services to Filipinos overseas with appropriate government and private
agencies in the transaction of business and similar ventures in the Philippines; and

6. Perform such other functions as, may be provided by law or assigned by the Secretary
from time to time,

f
i

aliyiatw fh
© Office of the Undersecretary for Assistance to Overseas Filipinos in Distress which shall have the
following functions:

1. Provide prompt and appropriate response to global emergencies or crisis situations

affecting OFWs and their families;

Recommend to the Secretary the grant of the use of Overseas Filipinos Assistance

Fund;

3. Undertake all repatriation ‘activities, in coordination ‘with the Office of the
Undersecretary for Foreign Employment, Office of the Undersecretary for
Reintegration and Social Services, and other government agencies, in cases of war,
epidemic, disasters or calamities, natural or man-made, and other similar events

ast without prejudice to reimbursement by the responsible principal or agency;

4. Draft the guidelines, procedures and criteria for the provisions of Overseas Filipino
Assistance Fund to Overseas Filipino and Migrant Workers;

|


Paseees ees cesT

i
\

5. Ensure effective coordination and cooperation with other agencies and the Foreign
Service Posts in the provisions of assistance from the Overseas Filipinos Assistance
Fund to Overseas Filipino and Migrant Workers;

6. Coordinate with the Office of the Undersecretary for Foreign Employment, Office of
the Undersecretary for Reintegration and Social Services, and other government
agencies concerned, as well as with non-governmental organizations assisting migrant
workers, to ensure effective coordination in providing legal assistance to migrant
workers;

7. Tap the assistance of the Integrated Bar of the Philippines (IBP), other bar associations,
legal experts on labor, migration and human rights laws, reputable law firms, and other
civil society organizations, to complement government services and resources to
provide legal assistance to migrant workers; and

8. Supervise the operational activities of the Overseas Filipinos Assistance Fund Unit

f. Offfice of the Undersecretary for International Labor Affairs which shall have the following functions

1. Monitor the obseryance and implementation of the Philippines’ obligations and
‘commitments to international organizations and treaties;

2. Supervise and monitor the activities of the Philippine Overseas Labor Offices;

3. Coordinate with the Department of Foreign Affairs regardiig the treaties agreements,
compacts, and other instruments that are related to labor migration; and

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

SEC. 10. Regional Offices. ~ The Department is hereby authorized to establish, operate, and maintain such
Pepartment-wide Regional Offices in each of the administrative regions of the country, insofar as necessary,
Which 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 area, the following functions!

(a) Implement laws, policies, plans, program 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;

(@) Coordinate with local government units; and

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

SEC. 11. Qualifications. — No person shall be appointed Secretary, Undersecretary, or Assistant Secretary
Of the Department unless he or she isa citizen and resident of the Philippines, of good moral character, of
‘proven integrity and with competence and expertise in, the plans, programs, projects and activities of the

“government relative t0 overseas labor and employment.

SEC. 12. Sectoral and Industry Task Forees. ~ The’ Department may create sectoral and industry task
forces, technical working groups, advisory ‘bodies or ‘committees for the furtherance of its objectives
Additional private sector representatives, such as from the OFWs, academe and private industries directly
involyed in deployment of OFWs, as well as other national government agencies, local government units,
and government-owned and controlled corporations, may be appointed to these working groups.
’ CHAPTER IIL
OFW CENTERS
SEC. 13. Establishments of OFW: Centers!'— The Migrant! Workers. and other Overseas Filipinos
Resource Center shall-be transfortned into the OFW Center established initially in countries where there
is large concentration of OFWs, as determined by the’Secretary. The OFW Center shall act as a one-stop
shop for Overseas Filipinos in the countries of destination. It shall be established within the premises of
the Philippine Embassy or the Consulate and be under the administrative jurisdiction of the Philippine

|) Embassy. Within five (5) years fromi the effectivity of the ‘Act, OFW Centers shall be established in all


When the OFW Center is established outside the premises of the Embassy or Consulate, the
Department of Foreign Affairs shall exert its best effort to secure appropriate recognition from the
Teceiving government in accordance with applicable laws and practices.

SEC, 14. Functions. — The OFW Center shall provide the following services:

ii a, Counselling and legal services;

| b. Welfare assistance including that procurement of medical and hospitalization services;

¢. Information, advisory programs to. promote social integration such as post-arrival orientation,
settlement and community networking devices and activities for social interaction;

4. Registration of irregular/undocumented workers to bring them within the purview of Republic Act
8042, as amended;

¢. Implementation of Department Programs;

f Gender-sensitive programs and activities to assist particular needs of migrant workers;

g. Orientation program for returning workers and other migrants;

h, Monitoring of the daily situation, circumstances and activities affecting migrant workers and other
‘overseas Filipinos;

i. Ensuring that labor and social welfare laws in the receiving country are fairly applied to migrant
workers and other overseas Filipinos; and

4. Conciliation of disputes arising from employer-employee relationship,. in. accordance with, this
Rule. i

i

SEC, 15, Personnel, ~ Each OFW Center shall be staffed by the following:

(a) Foreign Service personnel;
Ip (b) A:Labor Attaché who shall undertake its current functions under Republic Act 8042, as amended
| ‘and shall be the representative of the Department on-site;
(©) A Police Attaché who 'shallestablish and maintain liaison with principal law enforcement and
security services in destination countries, and shall be appointed by the Chief of the Philippine
National Police un il
(d) A\Justice Attaché who shall render assistance to address legal needs of Overseas Filipinos and
assist the Labor Attaché in matters relating to Overseas Filipinos in distress, and shall be
oP ua appointed by the Secretary of the Department of Justice; and
a: (e) Other service attaches or officers who represent Philippine government agencies abroad.

+ The following personnel shall assist the attaches and be assigned to the Center:

f a. ’ Psychologists, Social Workers, and a Shari’a or Human Rights Lawyers;
b. Individual volunteers and representatives from bona fide non-government organizations from
the receiving countries, if available and necessary ‘as determined by the Labor attaché in
“Consultation with the Chief of Mission;
t ~ ¢. Public Relations Officer or Case Officer conversant, orally and in writing, with the local
language, laws, customs and practices; and
4d. Legal Officers and such other professionals deemed necessary by the Secretary.

SEC. 17,, Round-the Clock Operations, ~ The OFW, Center shall operate on a 24-hour including
Saturdays, Sundays and holidays, A counterpart 24-hour Information and. Assistance Center to ensure. a
Continuous network and coordinative mechanism shall be established at the Department,

SEC. 18. Budget. - The establishment, yearly maintenance and operating costs of the OFWs Centers,
including the costs of services and programs not specially funded under the Act, shall be sourced from the
| General Appropriation’ Act (GAA) and shall be included in the annual budget of the Department, ‘The
Salaries and allowance Of overseas personnel shall be sourced from the respective agencies’ budgets

"SEC. 19. OFW Malasakit Center! The Department, in partnership with other government agencies
"and local government units, shall establish a one-stop shop OFW assistance center to be known as “OFW
|. Malasakit Center” in all provinces and major cities to ensure prompt and efficient provision of services to



OFWs and their families such as acquisition of government permits, validation of overseas job offers,
. Brievance and complaints desks and reintegration services.

CHAPTER
TRANSFER OF AGENCIES.

SEC. 20, Transfer of Bureaus, Offices, Agencies. - (a) The following agencies are hereby abolished,
and their powers and functions under Republic Act 8042, as amended by Republic Act 10022, and other
applicable laws, and the funds and appropriations, records, equipment, property, and personnel
are likewise transferred to this Department:

(1) Overseas Workers Welfare Administration (OWWA);
(2) Philippine Overseas Employment Administration (POEA);
(3) Commission on Filipino Overseas (CFO);
(4) International Labor Affairs Bureau of the Department of Labor and Employment (DOLE) and
(5) National Reintegration Center for OFWs (NRCO)

|. The powers and functions of the Office of the Undersecretary for Migrant Workers Affairs under
the Department of Foreign Affairs and all Philippine Overseas Labor Offices and their officials under the
DOLE are hereby transferred to this Department. ©) 6...

(i i ‘
In the case of OWWA, all its membership records, funds appropriated under the GAA, and all its
trust funds are transferred to this Department. The Department shall issue guidelines on the transfer of
Fecords and funds: Provided, that existing members shall not be required to re-apply for a new
membership: Provided, further, that in no case shall individual membership contributions be increased:

Pravided, finally, that benefits, and services to OFW members shall not be diminished,

‘The laws and rules ‘on government reorganization as provided for by Republic Act 6656,
Otherwise known as the Reorganization Law, and other relevant civil service laws and regulations shall
Bovern the reorganization process of the Department.

ky CHAPTER V

, ‘TRANSITORY PROVISIONS
SEC, 21, New Structure and, Pattern. + upon the approval of this Act, The relevant officers and
employees of the transferred entities under Section 20 of this Act, shall in hold over capacity, continue to
Perform their respective duties and’ responsibilities and receive the corresponding salaries and benefits
unless in the meantime they are separated from government service as may be provided by law.

AS al ¢ ; ah
|| Subject ta the approval of the Department of Budget and Management, the Department shall,
within six (6) months from the effectivity of this’ Act, determine its organizational structure, staffing
Pattern, operating system, and create new divisions or units/as it may deem necessary, and shall appoint
Officers and employees of the Department in accordance with the ciyil service law, rules, and regulations.

SEC, 22. Absorption or Separation from Service of Employees of the Consolidated Agencies. ~ The
existing employees of the agencies transferred under the Department shall enjoy security of tenure and
shall be absorbed by the Department, in accordance with the new staffing patter and organizational
structure as provided for in Section 21 of this Act, and the selection process as prescribed under Republic
Act No. 6656, otherwise known as the “Government Reorganization Law”.

Employees opting to be separated from the Service as a consequence of the consolidation and
Feconstitution under the provisions of this Act shall within one (1) month from their separation or phase
‘out from the service, receive separation benefits in accordance with existing laws, In addition, those who
‘are qualified to retire shall be, allowed to retire and, be entitled to all benefits provided, under any of the
existing retirement laws. , hae

hist P AGING Ieieed, tik a '



I SEC. 23. Rationalization and Other Transitory Provisions. ~ In the transfer of entity functions as
prescribed in the Act, the following rules shall be provided:

(a) Any transfer of entities shall include the functions, appropriations, funds, records, equipment,
facilities, other properties, assets, and liabilities of the transferred entity as well as the
personnel thereof’ as may be necessary, who shall, in a hold over capacity, continue to
perform their respective duties and responsibilities and receive the corresponding salaries and
benefits, unless in the meantime they are Separated from government service pursuant to
existing laws. Those personnel from the transferred entity whose positions are not included in
the new position structure and staffing pattem approved by the Secretary or who are not
reappointed shall be entitled to the benefits provided in the second paragraph of Section 22
hereof,

(b) Any transfer of functions which results in the abolition of the entity that has exercised such

transferred functions shall include, as may be necessary to the proper discharge of the

transferred functions, the appropriations, funds, records, equipment, facilities, other assets,
and personnel of the entity from which such functions have been transferred. The remaining
appropriations and funds shall revert to the General Fund and the remaining records,
equipment, facilities, and other assets shall be allocated to such appropriate units as the

Secretary shall determine or otherwise shall be disposed of, in accordance with the pertinent

Jaws, rules’and regulations. ‘The liabilities) if any, of the abolished entity shall be treated

likewise in accordance’ with’ pertinent ‘laws, rules and regulations, Incumbents of the

abolished entity shall, in a hold over capacity, continue to perform their respective duties and
such personnel whose position. is not included in. the new position structure and staffing

} pattern approved by the Secretary or. wha is not reappointed shall be entitled to the benefits

ee “provided in the second paragraph of Section 22 hereof; and

| i" (c), Any transfer of functions which does not result in the abolition of the entity that has exercised

f

t

i:

i

f

such transferred. functions, shall include, the appropriations. funds, records, equipment,
facilities, other assets as well as the personnel of the entity from which such functions have
been transferred that are necessary to the proper discharge of such transferred functions, The
liabilities, if any, which have been incurred in connection with the discharge of the
transferred functions, shall be allocated in accordance with pertinent laws, rules and
regulations, Such personnel, shall, ina hold over capacity, continue to perform, their
respective duties and responsibilities and receive the corresponding salaries and benefits
unless in the meantime they are separated from government service pursuant to existing laws,
‘Any such personnel, whose position is not included in the new position structure and staffing
| pattern approved by the Secretary or who is not reappointed shall be entitled to the benefits
provided in the second paragraph of Section 15 hereof.

SHEA ‘ CHAPTER VI
‘THE, OVERSEAS FILIPINO WORKERS DISTRESS AND ASSISTANCE FUND

5 jnelin}

i

} SEC. 24. Overseas’ Filipinos ‘Assistance Fund. '~ The Legal Assistance Funds provided for under
i) Section 25 of Republic Act No, 8042, as amended is abolished. In its stead, an Overseas Filipinos
| ‘Assistance’ Fund to ‘address the needs of regular ‘and! irregular OFWs in distress, and those OFWs
| returning to the Philippines for good, in the amount of Five Billion Pesos (Php 5,000,000,000) is hereby
created. The fund shall be allocated for the following purposes:

i

| (a). Repatriation;

| (b) Legal assistance, including litigation expenses, legal fees, payment of translation fees,

i attendance in court hearings;

| (c) Defraying necessary expenses and making payments for the life-saving rescue, medical and
hospitalization expenses, retrieval, and rehabilitation of OFWs in distress, as needed:

(d) Basic necessities of OFWs in emergency situations or in detentions; and



4 ©) Livelihood training and Tans for OFWs. who have decided to return to the Philippines for

: good.

¢ iy 1

Spel res pzocy. Repatriation Fund cceated in Rapuhlic ct No; 8042; a4 arnended, shall form part

‘of the Overseas Filipinos Assistance Fund. The Secretary shall issue guidelines, rules and regulations on
oper management, utilization and disbursement of the Fund. The ‘Department shall submit a

le. fund utilizaion report to the Office of the President, opies of which shall be made available to

CHAPTER VII
SOLS TENS

wien
1iag’A prapriations. &Thelamount of Onc Filion Pesos (Php 1,000,000,000.00) for the initial
speration of the Department shall be sourced from the Contingent Fund of the President as well as from
‘the existing funds of the attached offices, bureaus) and agencies. Subsequent funding requirements shall
‘be’ included in the annual General Appropriations Act. The Department shall include in its proposed
budget the necessary amount to enable it to achieve its mandate.

CHAPTER VIII
$ MISCELLANEOUS
1

A ST Tee bee Kirra nity Renn N
SEC. 26. Implementing Rules and Regulations, ~ The DFA, DOLE, DBM, POEA, OWWA, CFO,
NCRO ad the Civil Service Commission shall, within sixty (60) days after the effectivity ofthis Act,

promulgate such rules and Fepulations névessary to implement this Act
Sik Mes nik NAB guaws A seasLation L i

implementing Authority of the Secretary. ~ “The Secretary shall issue'such rules, a ms,
issuances aS may bbe necessary'to ensure the effective implementation of the provisions of this

Potions can sill subsist and be given effect in their entirety

ninetaeteer near arora vite
"SEC. 29. Repealing ‘Clause, ~ All laws, ordinances, rules, regulations, other issuances or parts thereof,
Which are inconsistent With this ‘Act, are hereby repealed or modified accordingly. This Act does'not
Tepeal any benefits already proviged and accorded to Overseas Filipinos and Migrant’ Workers in other
Jaws, ordinances, rules, regulafiohs, and other issuances.” '

SEC.30, Effectivity. -
Gazette or in a news

is Act shall take effect fifteen (15) days after its publication in the Oficial
of general circulation. ||