HOUSE OF REPRESENTATIVES,

UL 17 299
Quezon City, Metro Manila ( = re)
BY:
EIGHTEENTH CONGRESS Ry

1s Regular Session %e

House Bill No, 2319

Introduced by Representatives ERIC GO YAP, JOCELYN PUA TULFO, and
ROWENA NINA TADURAN

EXPLANATORY NOTE

According to a survey released by the Philippine Statistics Authority, there
are around 2.3 Million Overseas Filipino Workers (OFWs) who worked abroad last
year during the period of April - September.

When a Filipino worker decides to be part of the foreign workforce, he/she
intends to send back a better sum of his/her income to his/her family and relatives
to provide for their basic needs, pay off loan and debts, and generally hasten the
improvement of their quality of life. Moreover, cash transfers from OFWs to their
families not only improve their spending power and increase their household
income, but more importantly, it supports domestic activity and overall economic
growth. Our OFWs are modern day heroes for a reason; they support their families
and contribute to our economic growth through their cash remittances back home at
the same time,

However, our migrant workers are confronted with various issues right from
the very moment they decide to work abroad until they finally secure pertinent
documents to legally gain employment overseas. They had to endure months of
going back and forth to different agencies, paying a good sum of money for
assortment of fees, and deal with a very complicated bureaucracy that was supposed
to make it all easier for our migrant workers.

Arriving in a foreign country to work is a whole new different story - it is
worse. Apart from their emotional baggage of having to work away from their loved
ones, there have been endless reports of abusive embassy personnel, employer, co-
worker, name it. The OFWs plight is worsening. Reports of both physical and sexual
abuse has become a norm. There were also reports of workers escaping from their
employers and seeking refuge in Philippine embassies but could not be repatriated

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or sent home immediately due to their passports being confiscated by their
employers.

Once our OFWs are back home, there is a need to ensure that they will be
assisted in finding decent jobs in the country or to another overseas destination, if
not help them set up business or livelihood opportunities in the country.

Until we have a government agency that is solely and primarily tasked to look
after our OFWs welfare, we can never repay their sacrifices and risk having them go
through an unfortunate ordeal again.

This bill seeks to harmonize and address the overlapping and duplication of
functions and responsibilities of several government agencies that are currently
mandated to address different concerns of our OFWs. The creation of a Department
of Overseas Filipino Workers (DOFW) will provide a one-stop shop for the needs of
our modern-day heroes regardless of their profession as well as ensuring their
protection from all kinds of abuse here and abroad.

Our OFWs has suffered long enough as a consequence of a fragmented
government structure on OFW welfare and concerns. The creation of this
Department will put an immediate relief to our OFWs and their families, While the
main goal is to provide for a good employment environment in the country, there
will still be those who will work abroad for their families. It is the duty of the
government that we guarantee the protection that they rightfully deserve.

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

ERIC = YAP

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

EIGHTEENTH CONGRESS
1s Regular Session

2319
House Bill No.

Introduced by Representatives ERIC GO YAP, JOCELYN PUA TULFO, and
ROWENA NINA TADURAN,

AN ACT
ESTABLISHING THE DEPARTMENT OF OVERSEAS FILIPINO
WORKERS (DOFW), DEFINING ITS POWERS AND FUNCTIONS,
APPROPRIATING FUNDS THEREOF AND FOR OTHER PURPOSES

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

SECTION 1.Short Title. -This Act shall be known as the Department of
Overseas Filipino Workers Act of 2019.”

SECTION 2. Declaration of Policies. -

A. To strengthen the protection of the rights of Overseas Filipino
Workers (OFWs) and the promotion of their welfare, safety, and
support;

B. To ensure that the government reaches out and cooperates with
other states where there are OFWs;

C.To guarantee the effective provision of information and
communication services with other states in times of calamities or
emergencies;

D. To develop a comprehensive database for OFWs to ensure swift
action and assistance in times of distress;

E. To establish a strong and effective regulatory system that will ensure
only fit Filipinos are allowed to work outside of the country;


F. To provide mechanisms for human capital development for OFWs to
advance their set skills and qualifications;

G. To extend deployment and repatriation assistance and support to
OFWs; and

H. To promote the reintegration of returning OFWs.

SECTION 3.Creation of a Department of Overseas Filipino Workers.
-There is hereby created a Department of Overseas if Filipino Workers
(DOFW), hereinafter referred to as the Department, which shall, among
others, recommend and implement the government's policies, plans, and
programs for the promotion of protection, safety, development, support,
deployment, and repatriation of OFWs.

SECTION 4.Mandate. -The Department shall be the primary policy
planning, coordinating, regulating, and administrative entity of the executive
branch of the Government that protects and provides assistance to OFWs who
are holders of Philippine passports.

SECTION 5.Powers And Functions of the Department. -The
Department shall have the following powers and responsibilities which shall
be exercised by its offices:

A. Formulate and recommend national policies and guidelines, which
are supported by in-depth studies on all policy areas and options,
that will ensure the protection of OFWs and will promptly address
persisting issues OFWs face abroad, as determined through
consultation with relevant stake holders;

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

C. Promote, advance, and implement general and specific government
agenda on OFW activities, programs, welfare, and interests;

D. Build a strong and harmonious partnership with other states and
with private sectors to formulate and implement effective strategies
for the protection and promotion of the welfare the OFWs;

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

F. Develop, implement, and strengthen coordination with other states
with OFW presence, monitor foreign developments to ensure the


most reasonable working conditions for the OFWS, and create a
proactive approach in providing assistance to them especially in
times of war and civil unrest, whether potential or apparent;

G. Promote knowledge, information, and resource sharing and develop
a comprehensive database to assist OFWs anywhere in the world;

H. Coordinate and support the generations and build up of resources or
funds for use of OFWs;

I, Conduct symposia, consultations, and seminars on OFW-related
programs and plans;

J. Assist and provide technical expertise in resolving the distress
encountered by OFWs and tap the services of personnel, local and
foreign, with expertise on the formulation of strategies and plans
concerning OFW activities, if needed;

K. Promote, develop, and monitor the continuing education and
training of the OFWS, with respect to their qualification, availability,
and deployment, to enhance their skills and to upgrade their global
competitiveness.

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

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

N. Prescribe rules and regulations for the operation of OFW recruitment
agencies;

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

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

Q. Perform such other functions as may be needed to achieve its goals
and objectives to the fullest and as may be provided by this Act.

SECTION 6.Composition of the Department. -The Department shall
be headed by a Secretary. The Department proper shall be composed of the
Office of the Secretary, the Offices of Undersecretaries, and Assistant
Secretaries and Regional and Assistant Regional Directors.


SECTION 7.Secretary of Overseas Filipino Workers. ~The Secretary
shall be appointed by the President of the Republic of the Philippines with
confirmation of the Commission on Appointments.

The Secretary shall have the following functions:

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

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

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

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

E, Exercise disciplinary powers over officers and employees of the
Department in accordance with law, including their investigation
and the designation of a committee or officer to conduct such
investigation;

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

G. Undertake consultations with other members of the Cabinets and
officers of the government relating to OFW concerns;

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

I. Advise the President of the activities, programs, plans, and all

information necessary or relevant to OFWs;

Coordinate all policies and programs relating to OFW affairs;

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

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

SECTION 8.Undersecretaries. -The Secretary shall be assisted by three
(3) Undersecretaries who shall be appointed by the President upon


recommendation of the Secretary. Provided, That one (1) of the
undersecretaries shall be a career officer coming from the rans of existing
government labor agencies. The undersecretaries shall aid the Secretary in the
performance of his/her operational duties, and shall perform such other
functions as may be directed by the Secretary.

SECTION 9.Assistant Secretaries, - The Secretary shall be assisted by
three (3) assistant secretaries who shall be career officers appointed by the
President upon the recommendation of the Secretary.

SECTION 10.Qualifications. -No person shall be appointed Secretary,
Undersecretary, or Assistant Secretary of the Department unless he is a citizen
and resident of the Philippines, of good moral character, and of proven
integrity.

SECTION 11.Regional Offices. - The Department shall be authorized
to establish, operate, and maintain Regional Office in each of the
administrative regions of the country as the need arises. The regional office
shall be headed by a Regional Director, who may be assisted by one (1)
Assistant Regional Director. The regional offices shall have, within their
respective administrative regions, the following functions:

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

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

C. Conduct consultations with stake holders located within and
around the area of the Regional Office to determine pertinent issues
encountered by OFWs and provide a report to the Department;

D. Coordinate with regional offices of other departments, offices, and
agencies and local government units for the consolidation and
integration of OFW programs; and

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

SECTION 12.Transfer of Bureaus, Offices, and Agencies. - The
following bureaus, offices, and agencies are hereby transferred from their
respective departments (as shown in parenthesis) to the Department of
Overseas Filipino Workers:


A. Office for the Overseas Filipino Workers Affairs (Department of
Foreign Affairs);

B. Office of the Legal Assistant for Migrant Worker's Affairs
(Department of Foreign Affairs);

C. Commission on Filipino Overseas (Office of the President); and

D. All Philippine Overseas Labor Offices (Department of Labor and
Employment).

SECTION 13.Attached Agencies. -The following agencies are hereby
attached to the Department for policy and program coordination, and shall
continue and function in accordance with the charters, laws or orders creating
them, in so far as they are not inconsistent with this Act:

A. The Philippine Overseas Employment Administration (POEA); and
B. Overseas Workers Welfare Administration (OWWA).

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

SECTION 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 OFWs, as well as other
National Government Agencies (NGAs), LGUs, and GOCCs, that may be
appointed to these working groups.

SECTION 15.Structure and Staffing Pattern. - The Department shall
determine its organizational structure and create new divisions or units as it
may deem necessary, and shall appoint officers and employees of the
Department in accordance with the Civil Service law, rules, and regulations.

SECTION 16.Separation from Service. -Employees separated from the
service within six (6) months from the effectivity of this Act as a result of the
consolidation and/or reorganization under the provisions of this Act shall
receive separation benefits to which they may be entitled under Executive
Order No. 366, s. 2004: Provided, That those who are qualified to retire under
existing laws shall be allowed to retire and receiveretirement benefits to which
they may be entitled under existing laws, rules, and regulations.


SECTION 17Special Assistance Revolving Fund. - A Special
Assistance Revolving Fun for OFWs in distress, both documented and
undocumented, in the amount of One Billion Pesos (P 1,000,000,000.00) is
hereby created. The fund shall be utilized for the following purposes:

A. Repatriation;

B. Medical expenses, hospitalization, and purchase of medicine in the
form of vouchers for six (6) months from arrival;

C. Migration fees for overstaying Filipinos;

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

E. Payment of blood money, when necessary; and

F. Basic necessities of OFWs caught in emergencies or are detained.
Provided, That thirty percent (30%) of the total fund shall be allotted
to support a livelihood training program or re-training of returning

SECTION 18.Appropriation. - The appropriation allotted for the Office
for the Overseas Filipino Workers Affairs, Office of the Legal Assistant for
Migrant Worker's Affairs, Commission on Filipino Overseas, and all
Philippine Overseas Labor Offices shall be transferred to the Department of
Overseas Filipino Workers. Provided, That the amount needed for the initial
implementation of this Act shall be taken from the current fiscal year’s
appropriation of the transferred agencies to the Department of Overseas
Filipino Workers, Thereafter, the amount needed for the operation and
maintenance of the Department shall be included in the General
Appropriations Act. Provided, That for the next fiscal year, following the
approval of this Act, the appropriation for the Department shall not be lower
than five billion pesos (P 5,000,000,000.00). Provided, That one billion pesos (P
1,000,000,000.00) of the same appropriation shall be allotted for the Special
Assistance Revolving Fund as stated in Section 17 thereof.

SECTION 19.Repealing Clause. - All laws, decrees, executive orders
and proclamations, rules and regulations or parts thereof that are inconsistent
with this Act are hereby repealed or modified accordingly.

SECTION 20.Separability Clause. - If any part or provision of this Act
shall be held unconstitutional or invalid, other provisions hereof which are
not affected thereby shall continue to be in full force and effect.


SECTION 21. Effectivity. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in at least two (2) national
newspaper of general circulation, whichever comes earlier.

Approved,