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

Eighteen Congress
First Regular Session

HOUSE BILL NO. aie

Introduced by Representative JONATHAN KEITH T. FLORES

EXPLANATORY NOTE

In today’s increasingly interconnected world, the Philippines plays a huge role in the
world of international migration, with decades of sustained and large scale migration
of Filipinos to foreign countries. As the third largest source of international migrants,
after China and India, Filipinos can be found in over 200 countries around the globe
in as many professions, industries, sectors, and situations. A snapshot of overseas
Filipinos, based on the 2013 Stock Estimate of the Commission on Filipinos Overseas,
presents that the Filipino diaspora approximately stands at 10.24 million, in which
48% are categorized as permanent migrants, while 41% are temporary, and 11% are
considered in irregular status.

Recognizing the immense contributions of Filipinos overseas through financial and
social remittances and investments, the Philippine government's initiatives to engage
and re-engage our overseas Filipinos in our country's nation-building has been
enshrined in landmark laws such as the Migrant Workers Act, the Overseas Voting Act,
the Dual Citizenship Act, the Anti-Trafficking Law, among others.

In all of his State of the Nation Address (SONA), President Rodrigo Roa Duterte laid
out his Administration's resolve to prioritize the protection of rights and welfare of all
overseas Filipinos. The President’s use of the term “overseas Filipinos” instead of
OFWs emphasizes the need to be inclusive in terms of services and protection of all
categories of overseas Filipino, to include not just those working temporarily abroad,


but also those who are permanently living abroad, those married to foreign spouses,
and Filipinos born overseas.

The following are the migration related provisions in the President's first, second and
third SONA:

1. Extension of the validity of Passports from the current 5 years to 10 years.
2. Fight against human traffickers and illegal recruiters.

3. Financial education and assistance to overseas Filipinos.

4. Asingle department for overseas Filipinos.

In 2019, the President reiterated his instructions to Congress to consider the
consolidation and merging of agencies and offices catering to overseas Filipinos to a
single department that shall focus and quickly respond to all their needs, problems
and concerns.

As the trend in the Philippine international migration continuously increases over the
years, so are the diverse and several issues our migrants face. Therefore, the creation
of this department will address existing gaps and further improve migration
governance for the benefit of all overseas Filipinos.

In view of the foregoing, the approval of this bill is earnestly sought.

JONATHAN KEITALT. FLORES
Repregentative, 2" Distritt of Bukidnon


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

Eighteen Congress
First Regular Session

HOUSE BILL NO. 4884

Introduced by Representative JONATHAN KEITH T. FLORES

AN ACT CREATING THE DEPARTMENT OF OVERSEAS FILIPINOS (DOFIL),
DEFINING ITS POWERS AND FUNCTIONS AND APPROPRIATING FUNDS
THEREFOR

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

CHAPTER I
GENERAL PROVISIONS

SECTION 1. Short Title. — This Act shall be known as the “Department of
Overseas Filipinos (DOFIL) Act of 2019.”

SEC. 2. Declaration of Policies. —

(a) The State shall afford full protection to overseas Filipinos, promote their welfare
and well-being at all times. The State shall protect the rights of all overseas Filipinos,
especially those in precarious situations, or become victims of all forms of abuse,
discrimination, and inhumane conditions, including but not limited to human
trafficking. Towards this end, the State shall provide adequate and timely social,
economic, and legal services to all overseas Filipinos regardless of their age, gender,
religion, and status in the destination country.


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(b) While recognizing the significant contribution of overseas Filipinos to the
national economy through their personal and social remittances and investments, 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 the Filipino citizens 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. Toward this end, the State shall continuously address the drivers of
migration and ensure that migration is by choice and not a necessity for every Filipino;

(Cc) The State affirms the fundamental equality before the law of women and men
and the significant role of women in nation building. Recognizing the contribution of
women migrants and their particular vulnerabilities, the state shall apply gender-
responsive criteria in the formulation and implementation of Policies and programs
affecting overseas Filipinos and the composition of bodies tasked for their welfare;

(d) The right of all overseas Filipinos to participate in the democratic policy
development and decision-making processes of the state and to be represented in
institutions in the national, regional and local levels are recognized and guaranteed;

(e) _ The State recognizes non-governmental organizations, international and multi-
lateral organizations, trade unions, workers associations, business organizations,
academe, and faith-based groups, and other stakeholders duly recognized as
legitimate, as partners of the state in the Protection of overseas Filipinos and in the
Promotion of their welfare;

(f) 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

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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;

(g) _ 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 overseas Filipinos shall be strengthened and their total development shall be
actively promoted;

(h) The State shall fulfill its commitment under the Global Compact for Safe,
Orderly and Regular Migration (GCM), and the Sustainable Development Goals (SDG).

SEC. 3. Definition of Terms. —The following terms, as used in this Act, shall
mean:
a) Act refers to the “Department of Overseas Filipinos (DOFIL) Act”;

b) Documented/regular overseas Filipino refers to the following:
(1) Those who possess valid passports and appropriate visas or permits to stay
and/or work in the receiving country; or
(2) Those whose contracts of employment have been approved by the
Department.

C

License refers to the document issued by the Department 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;

2

) Non-Licensee refers to any person, partnership or corporation engaged in the
recruitment and placement of overseas Filipino workers without a license, or whose


9)

license has been revoked, cancelled, terminated, has expired or otherwise delisted
from the roll of licensed recruitment/ manning agencies registered with the
Department;

Overseas employment refers to employment outside the Philippines;

Overseas Filipinos refers to the following:

(1) Overseas Filipino Workers (OFWs) whether sea-based or land based;

(2) Filipinos who are permanent residents abroad;
(2.1) including Filipino emigrants who are either citizens of foreign countries
or are still Filipino citizens awaiting naturalization, recognition, or admission,
and their descendants;
(2.2) Filipinos who are naturalized citizens of other countries and with dual
citizenships;
(2.3) Naturalized former Filipinos;
(2.4) Filipino marriage migrants and other partners of foreign nationals or
former Filipinos or dual citizens leaving the country

(3) Cultural exchange participants;

(4) Overseas-based Filipino students; and

(5) Other Filipinos of irregular status in the destination countries.

Overseas Filipino Worker (OFW) refers to a Filipino who is to be engaged, is
engaged, or has been principally engaged in remunerated activity for a limited
period in a state of which he or she is not a citizen, or on board a vessel navigating
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.

Overseas Filipino in Distress refers to an overseas Filipino 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;


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J) Private Recruitment/Employment Agency refers to any person, partnership or
corporation duly licensed by the Department to engage in the recruitment and
placement of workers for overseas employment for a fee.

k) Seafarerrefers to any person 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;

|) Secretary refers to the Secretary of the Department of Overseas Filipinos (DOFIL);

m) Undocumented/Irregular Filipino Migrant refers to the following:
(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.

CHAPTER IT
THE DEPARTMENT PROPER

Sec. 4, Creation. — The Department of Filipinos Overseas, hereinafter referred
to as the Department, is hereby organized, structurally and functionally 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 weifare of overseas Filipinos; formulate, plan,
coordinate, promote, administer, implement policies, and undertake a systematic
national development program for the benefit of all Filipinos overseas.

The Department shall be the primary policy, planning, coordinating,
implementing, and administrative entity of the executive branch of the government

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that will plan, develop and prepare a national framework on migration and
development, and promote, manage, implement, monitor and evaluate the national
migration and development agenda, supportive and complementary to national efforts
to harness the full potential of overseas Filipinos who are returning home with skills
and expertise acquired overseas which can be harnessed toward nation building.

The Department shall render an annual report of its activities and achievements
to the President and to Congress. In addition, it shall have original and exclusive
jurisdiction over all cases involving employer-employee relations, documented/regular
or undocumented/irregular workers, arising out of or by virtue of any law or contract
involving Filipino workers for overseas employment.

SEC. 5. Powers and Functions. — In pursuit of its mandate, the Department
shall have the following powers and functions:

(a) Formulate, recommend, and implement national policies, plans, programs, and
guidelines that will ensure the protection of overseas Filipinos, and address the
welfare problems that they face in the various stages of migration (pre-
departure, on-site, and upon return) in consultation with all relevant
stakeholders;

(b) Formulate general policies and implement programs on matters affecting
overseas Filipinos, to include land based and sea-based workers, permanent
migrants, spouses and partners of foreign nationals, education and cultural
exchange participants, multi-cultural families and overseas Filipino youth, OFW
dependents, among others, and provide functional direction for its programs
and operations.

(c) Conduct in-depth studies and research on all policy areas and options that will
ensure protection of all overseas Filipinos, in consultation with relevant
stakeholders;


(d)

(e)

(9)

(h)

10)

1)

(k)

Develop, implement and monitor programs and services that ‘strengthen the
development potential of migrants and their families at the national and local
level such as building assets, continuing provident savings program, diaspora
philanthropy, ensuring social protection, engaging in investment and
entrepreneurial opportunities, managing financial and social resources and
networks, financial education and inclusion, enabling business environment,
and ensuring multi-stakeholder partnerships and collaboration.

Develop and maintain information systems and integrated database of all
overseas Filipinos including their profile, for use in policy development and
evidence-based decision-making and governance;

Assess, review, harmonize, and coordinate all national, regional, and local
policies and procedures and international agreements to ensure overall
consistency and implementation of the national policies;

Protect and promote the interest of every citizen desiring to work overseas by
securing for him/her the most equitable terms and conditions of employment,
and by providing social and welfare services;

Protect and promote the welfare, well-being, and interests of the families of
OFWs;

Formulate general guidelines concerning wage and income Policy subject to the
limitations imposed by the laws of the foreign countries;

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

Assess, review, harmonize, and coordinate applicable Policies and procedures,
as well as multilateral or bilateral treaties and agreements with countries of
destination and other migrant countries or origin, the United Nations and its
affiliate organizations, and other international and regional organizations, fora,


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(t)

(u)

(w)

y)

Administer and manage the resources and all funds and revenue of the
department, including the overseas Filipinos assistance fund, and issue
guidelines for its proper utilization;

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

Regulate and guide the business activities relative to the deployment of Filipino
workers and other related activities;

Regulate and accredit until such time that it will be transferred to the
department, the operation of private recruitment agencies, immigration
consultancy services, and other relevant business entities involved in the
recruitment and deployment of OFWS and other categories of overseas Filipinos
including education and cultural exchange participants, taking into account the
primacy of upholding the welfare and protection of all overseas Filipinos, and
with due consideration to prevailing conditions in the destination countries;

Exercise regulatory and quasi-judicial functions in the performance of its
mandate in relation to its powers and functions as stated in this section; and

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

SEC. 6. Composition. — The Department shall consist of the Department

proper comprising the Office of the Secretary, the Office of the Undersecretaries and
Assistant Secretaries, the service units and the staff bureaus, its regional offices and

overseas offices.

The Secretary shall be appointed by the President and confirmed by the Commission
on Appointments. The Undersecretaries and Assistant Secretaries shall be likewise be
appointed by the President upon the recommendation of the Secretary.


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10)

(m)

(n)

(0)

(p)

(q)

()

(s)

and processes, in coordination with the Department of Labor and Employment.
(DOLE) and the Department of Foreign Affairs (DFA);

Represent Philippine interests and negotiate on matters pertaining to overseas
Filipinos and migrant workers in international bodies, in coordination with the
Department of Foreign Affairs and the Department of Labor and Employment;

Be the primary agency in countries of destination in charge of overseas Filipino
concerns in coordination with the head of Post in the person of the Ambassador
or Consul General.

Employ a proactive approach in providing assistance to the overseas Filipinos
in times of war, civil unrest, or other analogous circumstances, whether
potential or actual;

Assist and provide timely assistance to overseas Filipinos in distress and, for
this purpose, tap the services of local and foreign-based personnel, lawyers,
labor experts, security providers and other professionals;

Provide social and welfare services to overseas Filipinos, including insurance,
social work assistance, legal assistance, and cultural 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-government organizations, with the view of Promoting the global
competitiveness of the Filipino;

Promote knowledge, information and resource sharing, and data banking to
assist overseas Filipinos anywhere in the world;

Coordinate and support the generation and build-up of resources or funds for
the use of overseas Filipinos and migrant Workers;


SEC. 7. Qualifications. — No person shall be appointed Secretary,

Undersecretary, or Assistant Secretary of the Department unless he or she is a citizen
and resident of the Philippines, of good moral character, and of proven competence

of integrity.

SEC. 8. 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 be 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)

(b)

(©)

(d)

(e)

Establish the policies and standards for the operation of the Department pursuant
to the approved programs of government;

Exercise jurisdiction over all 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;

Delegate authority for the performance of any function to officers and employees
of the Department;

Advise the President on the promulgation of executive and administrative orders,
other regulative issuances, and legislative proposals on matters Pertaining to
foreign labor and employment;

Formulate policies, guidelines, rules and regulations and other issuances essential
and necessary to carry out Department policies, plans, programs and Projects;
Issue orders, directives, rules and regulations, and other issuances to carry out
migration and development and foreign labor and employment policies, plans,
Programs and projects;

Coordinate with other government Offices, labor organizations, employers’
associations, civil society and any other group to carry out the mandate of the
Department;


(h)

(i)

G)

(k)

()

Negotiate with foreign governments in coordination with the Department of
Foreign Affairs treaties agreements, compacts, and other instruments that are
related to labor migration;

Evaluate the policy, plans, programs and project accomplishments of the
Department;

Prepare reports for the President and the public;

Administer and manage the resources of the department, including the overseas
Filipinos assistance fund, the OWWA fund and all other pertinent funds, fees and
income coming to its domain; and issue guidelines for its proper utilization; and
Exercise such other powers and functions as may be provided by law or assigned
by the President.

SEC. 9. Undersecretaries. — The Secretary shall be assisted by not more than

seven (7) Undersecretaries who shall be appointed by the President upon the
recommendation of the Secretary provided. The following offices are hereby created
to be each headed by the Undersecretary and assisted by other officers and staff:

a. Office of the Undersecretary for Operations which shall have the following

functions:

1. Provide the Department with efficient, effective and, economical services
relating to records; management, supplies, and equipment procurement,
collections, disbursements, building administration and maintenance,
security, and custodial work;

2. Administer personnel programs including selection and placement,
development, performance evaluation, employee relations, and welfare;
manage internal budgetary and financial matters; and data banking and
information systems development; and

3. Supervise the operational activities of the administrative services &
human resource development; financial management service; and the
management information systems service.


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b. Office of the Undersecretary for Foreign Employment and International
Seafarers which shall absorb the mandates and functions of the Philippine
Overseas Employment Administration (POEA) under Executive Order 247 s,
1987 and Republic Act No. 8042, as amended and the pertinent office of marina
that exercises jurisdiction over international Filipino seafarers. it shall have the
following 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;

2. Review and evaluate the progress/status of Projects and accomplishments
in relation to set standards, objectives and schedules; and

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

¢. Office of the Undersecretary for Legal Affairs which shall provide advice on all
legal issues, domestic and international, arising in the course of the
department's work. The office is organized to provide direct legal ‘support to
the department's various bureaus, including both regional and international
Offices. It shall have the following functions:

1. Develops and manages the strategic framework on the provision of legal
services to guide the operations of the legal offices for the department.

2. Provides legal advice to the department; interprets laws and rules
affecting the operation of the department; prepares contracts and
instruments to which the department is a party, and interprets provisions
of contracts covering work performed for the department by private
entities.

3. Assists management in the promulgation of rules governing the activities
of the department; prepares comments on Proposed legislation
concerning the department; answers legal queries from the public.


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4. Assists the Office of the Solicitor General in suits involving the
department or its officers or employees, or acts as their principal counsel
in all actions taken in their official capacity before judicial or
administrative bodies, and performs such other functions as may be
provided by law.

5. Conduct research for policy recommendations and program
development;

6. Supervise the operational activities of the policy, planning, research
and communications service, and the information and publication
service; and

7. Perform other functions as may be determined by the Department.

d. Office of the Undersecretary for Reintegration, Welfare and Social Services

which shall absorb the mandates and functions of the Overseas Workers

Welfare Administration (OWWA) under Republic Act No. 10801, implement and

deliver programs and services through regional and on-site operations. It shall

have the following functions:

1. Develop support programs and project for livelihood, entrepreneurship,
savings, investment and financial literacy for returning Filipino overseas
migrant workers and their families, in coordination with relevant
stakeholders, service providers and international organizations;

2. 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 concerns, a
computer-based information system on returning overseas Filipinos,
especially the 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
overseas Filipinos, especially Filipino migrant workers;

5. Develop and implement other appropriate programs to promote the welfare
of returning Filipinos overseas;


6. Maintain and 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 Providers and stakeholders;
and

8. Supervise the operational activities of the reintegration service and the
welfare and social services;

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

. Office of the Undersecretary for Permanent. Migrants Diaspora Engagements &

Cultural Exchange which shall absorb the mandate and functions of the
Commission on Filipinos Overseas (CFO) under Batas Pambansa Bilang 79,
republic act 10906, republic act 10364, republic act 10066, and other relevant
policies. It shall have the following functions:

1. Formulate and implement integrated Program for the promotion of the
welfare of Filipinos overseas, including provision of pre-departure
orientation seminars and counseling services to emigrants, marriage
migrants, au pairs and exchange visitor program Participants;

2. Implement programs and services to adequately prepare Filipinos migrating
to other countries to meet the Practical and psychological problems
attendant to international migration.

3. Implement as the advocacy communication committee chair of the IACAT
all the programs and services to raise Public awareness on the dangers and
indicators of illegal recruitment, human trafficking, mail-order-spouse
schemes and access to the different government policies and programs in
place that aim to address these concerns thru 1343 Actionline and in
coordination with the interagency council against trafficking (IACAT).

4. Coordinate and monitor implementation of such an integrated program;


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5. 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;

6. Serve as a forum for preserving and enhancing the social, economic and
Cultural ties of Filipinos overseas with their motherland;

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

8. Supervise the operational activities of the permanent migrants and cultural
exchange service and the irregular/undocumented migrants service; and

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

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 overseas Filipinos and migrant workers and their
families;

2. Recommend to the secretary the grant of the use of overseas Filipinos
assistance fund;

3. Draft the guidelines, procedures and criteria for the Provisions of overseas
Filipinos assistance fund to overseas Filipinos and migrant workers;

4. Ensure effective coordination and cooperation with other agencies and the
foreign service posts as they manage cases and in the provision of
assistance from the overseas Filipinos assistance fund to overseas Filipinos
and migrant workers;

5. Supervise the operational activities of the assistance fund service; and

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

. Office of the Undersecretary for International Affairs which shall have the

following functions:


. Monitor the observance and implementation of the Philippines’ obligations

and commitments to international organizations and treaties;

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

and the service attaché;

. Coordinate with the Department of Foreign Affairs regarding treaties,

agreements, compacts, and other instruments that are related to labor
migration; and

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

Secretary.

SEC. 10. Department Offices —The following units are hereby created to be
each headed by an Assistant Secretary and assisted by other officers and staff:

a. The Administrative Services and Human Resource Development which shall:
1. 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;

. Develop 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. It shall absorb the powers and functions of the Administrative
Service in relation to the development and administration of personnel
Programs including selection and placement, development, performance
evaluation, employee relations, and welfare;

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


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n. The Internal Audit Service shall be responsible for the provision of an independent
and objective evaluation of internal control systems of the Department, its bureaus
and regional and overseas offices for effective, efficient, ethical, and economical
operation through the conduct of compliance, management and operations audit.

0. The Overseas Voting Secretariat shall be responsible for overseeing the
Department's role in assisting the Commission on Elections in the implementation
of the Overseas Voting Act of 2003 as amended.

SEC. 11. GOVERNING BOARD. — A Governing Board is hereby established
to manage all the trust funds and membership contributions that will be managed by
the department. It shall be chaired by the Secretary and composed of representatives
from the government, civil society, private sectors and other stakeholders who will be
appointed by the president with a fix term.

SEC. 12. Regional Offices, - The Department is hereby authorized to
establish, operate, and maintain such Department-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, programs, rules and regulations of the
Department;

(b) Provide economical, efficient and effective service to the people;

(C) 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
Department.

SEC. 13. OVERSEAS REPRESENTATIVE OFFICES. - The Department shall
establish representative offices in Countries/areas with large concentration of overseas

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. The Management Information Service which shall be responsible for the

development and implementation of information and communication technology
(ICT) in the department.

. The Land-Based Workers Serviceswhich shall be responsible for all matters relating

to the recruitment of all land-based overseas Filipino workers.

._ The Sea-Based Workers Services which shall be responsible for all matters relating

to the recruitment of all international Filipino seafarers.

The Policy Planning, Research, and Communications Service which shall:
1.

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

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

Ensure that development policies are in line with national development;
Analyze data in order to make informed decisions and to guide policy
intervention with regard to migration and foreign employment;

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

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;

Reviews and evaluates the progress/status of Projects and accomplishments
in relation to set standards, objectives and schedules; and

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

29 g. The Information and Publication Service 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
updated information on foreign labor and employment, by means of publication,

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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.

. The Permanent Migrants, Diaspora Engagements and Cultural Exchange Service

which shall be responsible for enhancing stronger links between the Filipino
diaspora and the homeland and promote further collaboration by creating
Programs and services that facilitates involvement, partnership and linkages
between and among the overseas Filipinos and the homeland.

The Assistance Fund Service which shall be responsible for assisting the Secretary
in the management and use of the Overseas Filipinos IN DISTRESS Assistance
Fund.

|. The Jrregular /Undocumented Migrants Service which shall be responsible for the

provision of necessary and immediate assistance to Filipino migrants in irregular
status.

. The Philippine Overseas Labor Office which shall be responsible for checking the

labor conditions of all overseas Filipino workers and attend to all ATN cases
involving all categories of migrants.

The Service Attaché Service which shall be responsible for forging active ties
between the Filipino diaspora and the homeland.

|. The Reintegration, Welfare and Social Service which shall be responsible for the

development and implementation of appropriate programs and services to
reintegrate returning Filipinos overseas in their respective communities. It shall
also be responsible for the development and provision of all relevant welfare and
social services to promote the welfare of returning Filipino overseas.

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Filipinos and as deemed necessary, in promoting their interests and well-being.
Overseas representative offices shall be established in North America, the Middle East,
Europe, Asia and Australia.

Service Attachés shall be posted to head the overseas representative offices.
They shall assist in ATN cases involving all categories of migrants, check labor
conditions, strengthen linkages with overseas Filipino communities and associations,
and promote Philippine government programs and services under their jurisdiction. As
far as practicable, overseas offices shall be housed at the Philippine embassy or
consulate having relevant geographical jurisdiction. The attachés shall work in
coordination with Philippine ambassador or chief of mission.

SEC. 14. Sectoral and Industry Task Forces. — 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 Overseas Filipino communities, academe and private
industries, as well as other national government agencies, local government units, and
government-owned and controlled corporations, may be appointed to these working
groups.

SEC. 15. OVERSEAS FILIPINO COMMUNITY AND MALASAKIT CENTER.
- the Department, in partnership with other government agencies and local
government units, shall establish a one-stop shop overseas Filipino assistance center
to be known as “OF Community Malasakit Center” in its central and regional offices as
well as in key provinces and major cities to ensure prompt and efficient provision of
services to overseas Filipinos and their families such as acquisition of government
permits, validation of overseas job offers, grievance and complaints desk and
reintegration services.

The center shall include a museum, which will contain the history of the Filipino
diaspora, the Virtual Sentro Rizal, and other matters relevant to our history, customs
and culture.


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It shail also be a hub for overseas Filipinos, OFWs, marriage migrants, and
returning migrants. Its set-up will be similar to overseas Filipino or bayanihan
community centers abroad, which offer migrant and diaspora programs and services,
and mainly serve as a venue for gathering of overseas Filipinos.

Services of the center shall include integration and reintegration programs,
welfare assistance, financial literacy program and other skill-enhancing trainings,
counselling and referral system, diaspora philanthropy center, knowledge center for
migration topics and issues, and provision of facilities for conferences and meetings,
recreation facilities and services, among others.

CHAPTER III
THE OVERSEAS FILIPINO IN DISTRESS
AND ASSISTANCE FUND

SEC. 15. Overseas Filipinos In Distress and Assistance Fund. — The
Legal Assistance Fund provided for under Section 25 of Republic Act No. 8042, as
amended, is abolished. In its stead, an Overseas Filipinos Assistance Fund to address
the needs of all overseas Filipinos in distress regardless of their status in the host
country, and those OFWs returning to the Philippines, in the amount of Five Billion
Pesos (P5,000,000,000) is hereby created. The fund shall be allocated for the following
purposes:
(a) Repatriations;
(b) Legal assistance, including litigation expenses, legal fees, payment of
translation fees, attendance in court hearings;
(c) Defraying necessary expenses and making payments for the life-saving
rescue, medical and hospitalization expenses, retrieval and rehabilitation of
OFs in distress, as needed;
(d) Basic necessities of OFs in emergency situations or in detention;


(e) Livelihood training and loans for OFs who have decided to return to the
Philippines for good.

The Secretary shall issue guidelines, rules and regulations on the proper
management, utilization and disbursement of the Fund. The Department shall submit
a quarterly fund utilization report to the Office of the President, copies of which shall
be made available to Congress.

CHAPTER IV
TRANSFER OF AGENCIES

SEC. 16. Transfer of Bureaus, Offices, Agencies. — (a) The following
agencies are hereby transferred and merged, and their powers and functions, under
Republic Act 8042 as amended by RA 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 Filipinos Overseas (CFO);

(4) International Labor Affairs Bureau of the Department of Labor and
Employment (DOLE);

(5) Philippine Overseas Labor Office (POLO) of the Department of Labor and
Employment (DOLE)

(6) National Reintegration Center for OFWs (NRCO)

(7) Pertinent offices of Maritime Industry Authority (MARINA) in relation to
international seafaring

(8) Office of the Undersecretary For Migrant Workers Affairs (OUMWA) and
Overseas Voting Secretariat (OVS) of the Department Of Foreign Affairs
(DFA)

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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 govern the reorganization process of the Department.

CHAPTER V
TRANSITORY PROVISIONS

SEC. 17. New Structure and Pattern. — Upon approval of this Act, the
relevant officers and employees of the transferred entities under Section 13 of this
Act, 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 as may be provided by law.

Subject to 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 civil service law, rules, and regulations.

SEC. 18. Absorption or Separation 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 pattern and organizational structure as provided
for in Section 14 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 reconstitution 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.

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SEC. 19. 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 the service pursuant to existing laws. Those personnel from the transferred entity
whose positions are not included in the new Position structure and staffing pattern
approved by the Secretary or who are not reappointed shall be entitled to the benefits
provided in the second paragraph of Section 15 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 laws, 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
responsibilities and receive the corresponding salaries and benefits unless in the
meantime they are separated from government service Pursuant 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; and

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(c) Any transfer of functions which does not result in the abolition of the
entity that has exercised 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 functions, shall be allocated in
accordance with pertinent laws, rules and regulations. Such personnel 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 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.

(d) The Department shall Cause the creation of additional Positions and
augment their budget appropriations, as may be necessary.

CHAPTER VI
APPROPRIATIONS

SEC. 20. Appropriations. — The amount of Five Billion Pesos
(P5,000,000,000) for the initial Operation 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 VII
MISCELLANEOUS

SEC. 21. Implementing Rules and Regulations, —The DFA, DOLE, DBM,
POEA, OWWA, CFO, NRCO, MARINA and the Civil Service Commission shall, within

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sixty (60) days after the effectivity of this Act, promulgate such rules and regulations
necessary to implement this Act.

SEC. 22. Separability Clause. — Any proportion of this Act that is declared
unconstitutional shall not have the effect of nullifying other portions or Provisions
hereof as long as such remaining portions can still subsist and be given effect in their
entirety.

SEC. 23. Repealing Clause. — Ail laws, executive orders, rules, regulations,
other issuances or parts thereof, which are inconsistent with this Act, are hereby
repealed or modified accordingly. This Act does not repeal any benefits already
Provided and accorded to overseas Filipinos and migrant workers in other laws,
ordinances, rules, regulations and other issuances,

SEC. 24. Effectivity. — This Act shall take effect fifteen (15) days after its
Publication in the Official Gazette or in @ newspaper of general circulation.

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