Republic of the Philippines
House of Representatives
Batasang Pambansa Complex
Quezon City

FIFTEENTH CONGRESS
Third Regular Session

6637

HOUSE BILL NO.

Introduced by the HON. MARK A. VILLAR

Explanatory Note

The Philippines is one of the nations whose investment in the global market is labor force.
In fact, we can claim that there isn’t a single country without a Filipino. Our Overses Filipino Workers
(OFWs), the Philippines’ migrant labor force have been a consistent dollar earner or the country. In
2009 alone they have brought in at least $17.3 Billion in the local economy as repo ted by POEA-OES.
This is equivalent to some 11-12% of the country’s gross domestic product. The reraittances made by
the Overseas Filipino Workers have helped in stabilizing the economic situation of te country despite
global recessions and economic downturn.

The rise of global employment and the acceptance of large-scale mar power among the
various industries worldwide have opened an opportunity to our competitive skill2d and non-skilled
workers to reach their dream of having a successful career by seeking greener pa-tures abroad. The
continuous increase of overseas workers have triggered the enactment of Executive Order 797, the act
creating the Philippine Overseas Employment Administration (OWWA), to develop employment
‘opportunities, the protection of workers, and the promotion of industrial peace. In crder to ensure the
welfare of our Kababayans abroad, RA 8042, otherwise known as the Migrant Wo) kers and Overseas
Filipino Act of 1995, has been enacted to be able to uphold the dignity of our citizens and to protect
their rights even outside the country.

However, it cannot be denied, that various confusions have been exp(rienced as to who
among the agencies of the government should act on some queries of our Kababayar s. instead of giving
them ease and comfort, problems have arisen in terms of their employment, insuran e, benefits, and so
on because of red tape and the ensuing confusion as to which agency has jurisdiction. To address this
problem, and to make it better for our Kabayans working abroad, this Bill is being introduced to unify
the diversified agencies in order for them to serve the greater good for the Filipinvs overseas. This is
consistent with the fundamental precept found under Section 3, Article Xill of the 19! 7 Constitution: “to
afford full protection to labor, local and overseas, organized and unorganized, and promote full
employment and equality of employment opportunities for all.” These two agencies, POEA and OWWA,
together with other allied Bureaus and Offices could become more effective channel: of public service if


they work under a single umbrella organization ensuring that there are no over apping measures,
functions and services.

This bill features there establishment of a permanent fund, the OFV/ assistance fund,
intended to guarantee support to all Filipinos working abroad in times of continger cies, including the
payment of blood money if need be and the creation of programs to support the reir tegration and well
being of our returning migrant heroes.

As a sign of our gratitude, we have called this Overseas Filipino Workers (OFWs) as our
“Modern Heroes.” They deserve to be called as such. The government must not only flay lip service with
regard to our OFWs considering the significant value they bring in to the economy end the specialized
problems they face abroad. It is only appropriate that a separate Department — the Department of
Overseas Filipino Workers —be created to cater to the special needs of the OF Ns. This umbrella
organization will not only unify but also streamline the services for OFWs by having PJEA and OWWA as
attached agencies, together with Bureaus and allied Offices in order to adequately support and give
assistance to the OFWs wherever they may be.

In view of the foregoing and bearing in mind the needs of our OFWs the enactment of this
bill is earnestly sought.

ee Cn


FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Third Regular Session )

HOUSE OF REPRESENTATIVES
H.B. No. 37

INTRODUCED BY HONRABLE MARK A. VILLAR

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

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

SECTION 1. SHORT TITLE. This Act shall be known as the “Departrient of Overseas
Filipino Workers Act.”

SECTION 2. DECLARATION OF POLICIES.

‘A. The State shall afford full protection to labor, local and oversea, organized and
unorganized, and promote full employment and equality of employment opportunities
for all. Towards this end the State shall ensure the respect for the dignity and
fundamental human rights and freedoms of the Filipino workers overseas wherever they
may be.

B, Pursuant to the stated principle, the State shall strive to enhance the human capital
development of OFWs to enable them to better compete in other cou tries and extend
‘to them deployment and repatriation assistance and support.

C. Recognizing the immense contribution of OFWs to the national econory, the State shall
likewise invest in programs for the reintegration of returning OFWs, ensure their
welfare and provide assistance to their families.

SECTION 3. CREATION OF A DEPARTMENT OF OVERSEAS FILIPINO WORKERS. Pursuant
to the above-mentioned national policy, there is hereby created a Departrient of Overseas
Filipino Workers (DOFW), hereinafter referred to as the Department, which shall, among
others, recommend and implement the Government's policies, plans, and orograms for the
promotion of protection, safety, development, support, deployment anc repatriation of
overseas Filipino workers, and dealing with other hazards while working abroad


The Department shall be the primary agency tasked with the enforcenient of the rights

of OFWs as provided under Republic Act No. 8042 otherwise known as the Migrant Workers Act
of 1995 as amended.

SECTION 4. POWERS AND RESPONSIBILITIES 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 and conduct in-depth
studies on all policy areas and options that will ensure protecion of OFW in
consultation with the relevant stake holders;

Assess, review, harmonize and coordinate all OF W-related local policies and procedures
and international agreements to ensure overall consistency and imple mentation of the
national policies;

Promote, advance and implement general and specific government objectives regarding
‘OFW activities, programs, welfare and interests;

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

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

Develop, implement and improve coordination with other countries wich OFW presence
and monitor foreign developments to ensure the most reasonable working conditions
for the OFWs and create a proactive approach in providing assistance t> them especially
in times of war and civil unrest, whether potential or apparent;

Promote knowledge, information and resource sharing, and develop a ‘latabase to assist
OFW anywhere in the world;

Assist and provide technical expertise in the troubleshooting of OFWs in distress and tap
the services of personnel, foreign and local, with expertise on th2 formulation of
strategies and plans concerning OFW activities if needed;

Promote, develop and monitor the continuing education, training end qualification,
availability and deployment of OFWs and coordinate with concerned agencies in the
training of OFWs to improve their global competitiveness;

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 cf Filipino workers
and other related activities;

Promulgate rules and regulations for the implementation of its guide ines and policies
and related laws;

. Administer, accept, hold and utilize property, both personal and real, subject to

constraints by existing laws, for the purpose of assisting of expeditin, the work of the
Department; and

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


SECTION 5. COMPOSITION.The Department shall be headed by a Se:retary who shall
be appointed by the President of the Republic of the Philippines with cor firmation of the
Commission on Appointments.

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 ranks of existing g2vernment 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.

The Secretary shall be assisted by three (3) assistant secretaries who shall be career
officers appointed by the President upon the recommendation of the Secretaly.

SECTION 5. POWERS OF THE SECRETARY. - The Secretary shall heve 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 econornical operation of
the Department, in accordance with the programs of the government;

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

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

E. 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;

F. Undertake consultations with other members of the Cabinet ant! officers of the
government relating to OFW concerns;

G. Advice the President on the promulgation of executive and administ ative orders and
regulatory and legislative proposals on matters pertaining to OFW devzlopment;

H. 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;

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

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

SECTION 6. QUALIFICATION. -No person shall be appointed Secretan, Undersecretary
or Assistant Secretary of the Department unless he is a citizen and resident of the Philippines
of good moral character and of proven competence and integrity.



SECTION 7. SATELLITE OFFICES. The Department is hereby aitthorized, when
circumstances so warrant, to establish, operate, and maintain in each of te administrative
regions of the country satellite offices to facilitate the effective functioning of the Department.

These offices shall, within their respective regional jurisdictions, exercise 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 provice OFW-centered
and efficient services;

C. Coordinate with regional offices of other departments, offices, and ajencies and Local
government units for the consolidation and integration of OFW prograins; and

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

SECTION 8. TRANSFER OF BUREAUS, OFFICES AND AGENCIES. The following bureaus,
offices and agencies will be transferred from their respective departmerts (as shown in
parenthesis) to the Department of Overseas Filipino Workers:

‘A. Office for the Migrant Workers Affairs (Department of Foreign Affairs)
B. Commission on Filipino Overseas (Office of the President)
C. All Philippine Overseas Labor Offices (Department of Labor and Employ nent)

SECTION 9. ATTACHED AGENCIES. -The following agencies are hereb’’ 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 reorgan zation process of
the Department

SECTION 10. POEA AND OWWA BOARD; CHAIRMANSHIP. -Notwithstanding any
provision of law to the contrary, the Secretary of the Department of Oversea: Filipino Workers
shall replace the Secretary of Labor and Employment as Ex-Officio Chairpersor of the respective
Boards of the Philippine Overseas Employment Administration and the Cverseas Workers
Welfare Administration. The Latter however shall remain as a member of the raspective boards.

SECTION 11. ORGANIZATIONAL STRUCTURE AND STAFFING FATTERN. - The
Department shall determine its organization structure and create new divisions or units as it
may deem necessary, and shall appoint officers and employees of thc Department in
accordance with the Civil Service law, rules, and regulations.


SECTION 12. SEPARATION FOR SERVICE. - Employees separated from the service as a
result of this reorganization shall, within ninety (90) days therefrom, receiv> the retirement
benefits to which they may be entitled under existing laws, rules, and regulaticns.

SECTION 13. OFW ASSISTANCE FUND. AN OFW Assistance Fund for 2FWs in distress,
both documented and undocumented, in the amount of One Billion Pesos (P #,000,000,000.00)
is hereby created. The fund shall be utilized for the following purposes:

A. Repatriation;

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

C. Payment of blood money, when necessary; and

D. Basic necessities of OFWs caught in emergencies or are detained.

Provided, That thirty percent (30%) of the total fund shall be alloted to support a
livelihood training program or re-training of returning OFWs in new skills and I'teracy.

SECTION 14. APPROPRIATION. -

Provided, That the amount needed for the initial implementation of th2 this Act shall be
taken from the current fiscal year’s appropriation of the transferred agencies to the
Department. Thereafter, the amount needed for the operation and maintenance of the
Department shall be included in the General Appropriations Act: Provided, “hat for the next
fiscal year, following the approval of this Act, the appropriation for the Depart nent shall not be
lower than five billion pesos. Provided further, That 1 billion pesos (1,000,010,000.00) of the
same appropriation shall be allotted for the OFW Assistance Fund as stated in Section 13
hereof.

SECTION 15. SEPARABILITY CLAUSE. - if any part or provision of this Act is held
unconstitutional or invalid, the other parts or provisions hereof which are not affected thereby
shall continue to be in full force and effect.

SECTION 16. REPEALING CLAUSE. - All laws, orders, rules or regulations which are
inconsistent with or contrary to the provisions of this Act are hereby amended or repealed
accordingly.

SECTION 17. EFFECTIVITY. -This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) national newspapers of general circulation.

Approved.