HOUSE OF REPRESENTATIVES
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BILLS AND

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEV

EENTH CONGRESS
First Regular Session

HOUSE BILLNO.__227

Introduced by Representative Erie D. Singson

EXPLANATORY NOTE

The Philippine Overseas Employment Administration has said that 1.6 million Filipinos
were deployed abroad, and that total remittances has reached $26.92 billion (P1.20
trillion), Overall we were third in the world at receiving remittances, behind India and
China, based on statistics from the World Bank

The Overseas Filipino Workers (OFWs) has been referred to as modem-day heroes. They
have contributed much to improve the living conditions not only their families but also
contributed greatly to the nation’s economy. Their remittances make up nearly ten
percent of the Philippine gross domestic product. That is the very reason why they are
considered one of the pillars of the new Philippine economy

Article XII Section 3 of the Constitution states that "(t]he State shall afford full
protection to labor, local and overseas, organized and unorganized, and promote full
employment and equality of employment opportunities for all." In keeping with this
declaration, the State has created the Philippine Overseas Employment Administration
(POEA) and Overseas Workers Welfare Administration (OWWA) assisted by the
Department of Foreign Affairs and the Department of Labor and Employment. But
despite the presence of these institutions, OFWs still feel neglected and unsupported by
the government

Considering the importance of Overseas Filipino Workers and their contribution to
the Philippine economy, it is but appropriate that a separate Department be created.
President Rodrigo Duterte has indicated that such department should provide immediate,
prompt, and effective response to OFWs problems both local and abroad. He said that
there should be a Department of Overseas Filipino Workers. In addition, I also propose


that there should be an official OFW bank, possible the Landbank, which shall address
‘the OFWs financial needs.

In view of the foregoing, the immediate pass

of this bill is eamestly sought



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SE

TEENTH CONGRESS
First Regular Session

HOUSE BILL 227

Introduced by Representative Eric D. Singson

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

Be it enacted by the 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.”

SECTION 2. Declaration Of Policies.

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

B, To ensure a policy of the government of orderly flow of OFW movements
under favorable condition;

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

D. To ensure the provision of information and communication services to
countries without such adequate services or provision of the same in times of

calamities or emergencies;

E. To develop a database for OFWs to ensure assistance in times of distress;


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

G. To promote the human capital development of OFWs to enable them to better
compete in other countries;

H. To extend deployment and repatriation assistance and support to OFWs, and
1. 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 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, implementing, 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 and conduct in-
depth studies on all policy areas and options that will ensure protection of OFW
and address perennial issues OFWs face abroad, in consultation with the relevant
stake holders;

B. Assess, review, harmonize and coordinate 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 objectives
regarding OFW activities, programs, welfare and interests;

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

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

F. Develop, implement and improve coordination with other countries with OFW
presence and 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 database
to assist OFW anywhere in the world:

H. Coordinate and support the generation and build up of resources or funds for
use of OFWs,

1. Conduct symposia, consultations and seminars on effective OFW related
programs and plans;

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

K. Promote, develop and monitor the continuing education, training and
qualification, availability and deployment of OFWs and coordinate with
concemed agencies in the training of OFWs to improve their competitiveness
globally;

L, Coordinate with concemed 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. Promulgate rules and regulations for the implementation of its guidelines 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 expediting the work of
the Department, and

P. 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 6. Composition. 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 Department, excluding the
Undersecretaries and Assistant Secretaries, in accordance with the Civil Service
laws, nules 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 and officers of the
government relating to OFW concems;

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

development;

H. Advise the President of the activities, programs, plans and all information
necessary or relevant to OFWs;

1 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 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 ranks 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. Assisian 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 personal 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-50
centered and efficient services;

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

D. Platform 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 (POE A), 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 gover 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, academe and private industries directly
involved in deployment of 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 organization 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
as a result of this reorganization shall, within ninety (90) days therefrom, receive the
retirement benefits to which they may be entitled under existing laws, rules, and
regulations.

SECTION 17. Special Assistance Revolving Fund. A Special Assistance
Revolving Fund 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 OFWs in new skills and literacy.

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 the 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. Provided
further, That 1 billion pesos (1,000,000,000.00) of the same appropriation shall be
allotted for the Special Assistance Revolving Fund as stated in Section 17 hereof,

SECTION 19. 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 20. 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 21. hyectivity, -This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation

Approved,