NINETEENTH CONGRESS: )
OF THE REPUBLIC OF THE PHILIPPINES — )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bilt'No._990

Introduced by Representative Christian Tell A. Yap

EXPLANATORY NOTE

In accordance, the State values the dignity of every human person and guarantees full respect
for human rights, Pursuant thereto, the State recognizes the right of out-of-school youth to social
protection and to develop their full potential as partners in nation-building

As the COVID-19 pandemic continued to wreak havoc on children’s learning around the world,
new statistics from the United Nations Children's Fund (UNICEF) revealed that many children had
dropped out as classrooms reopened for in-person lessons, According to research released by the US
Ageney for International Development in November 2021, the number of out-of-school youth in the
Philippines increased from 16.9% in January 2020 to 25.2 percent three months later in April 2020

during the start of the pandemic.

While we endeavor to give every Filipino an opportunity to attend and finish school, we must
also ensure that those who are not able to are being treated fairly. The tragedy of out-of-school youth
is that not only are they one of the most vulnerable sectors in the society, they are also among the

common victims of discrimination.

This bill seeks to provide out-of-school youth with social protection that would help them
develop their full potential and encourage them to contribute to nation-building. It aims to provide an
alternative learning system, entrepreneurial education, and free technical or vocations education for
the out-of-school youth. They will also be entitled to employment and economic opportunities, as well

as insurance coverage.

To protect the rights of the out-of-school youth, support for the passage of this legislation is

2
cuss TELL A. YAP
Represthtati¢e, 2nd District of Tarlac

earnestly sought.



NINETEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES — )
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No. 530

Introduced by Representative Christian Tell A. Yap

AN ACT
PROVIDING FOR THE MAGNA CARTA OF THE OUT-OF-SCHOOL YOUTH

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

CHAPTER I
GENERAL PROVISIONS,

1 SECTION 1. Short Title. — This Act shall be known as the “Magna Carta of the Out-of-School-
2 Youth.”

3 SEC. 2. Declaration of Policy. ~ The State values the dignity of every human person and
4 guarantees full respect for human rights. Pursuant thereto, the State recognizes the right of out-of-school
5 youth to social protection and to develop their full potential as partners in nation-building. Towards this
6 end, the State shall promulgate measures to achieve the following objectives:

7 a) To inspire and encourage the out-of-school youth to contribute to nation building,
8 b) To recognize the rights of out-of-school youth in society.
9 ©) To provide an alternative leaning system and a program for technical or vocational education

10 for the out-of-school youth;

ul d) To give full support to the improvement of the total well-being of the out-of-school youth by
12. providing educational development and employment opportunities, and

B e) To recognize the important role of the private sector in improving the welfare of out-of-school
14 youth and to actively seek their partnership.

16 CHAPTER II

"7 DEFINITION OF TERMS

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w SEC 3. Definition of Terms. ~ As used in this Act

20 a) Altemative Learning System refers to a parallel learning system in the Philippines
21 that provides a practical option to the existing formal instruction. It includes both the non-formal and
22. informal sources of knowledge and skills;


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b) Out-of-school youth refers to a member of the population aged 15 to 30 years old who
is currently out of school, not gainfully employed, and has not finished college or a post-secondary
course:

¢) Social Protection refers to policies and programs that seek to reduce poverty and
vulnerability to risks and enhance the social status and rights of all out-of-school-youth by promoting
livelihood and employment opportunities, protecting against financial hazards such as the sudden loss of
income, and improving people’s capacity to manage risks. Its components are labor market programs,
social insurance, social welfare, and social safety nets

d) Substantive tiquality refers to the full and equal enjoyment of rights and freedoms
contemplated under this Act and encompasses de jure, de farcto equality and equality in outcomes:

€) Technical Vocational duction refers to the aspects of educational process involving,
in addition to general education, the study of technologies and related sciences and the acquisition of
practical skills relating to occupations in various sectors of economic and social life. The term is
comprised of formal (organized programs as part of the school system), and non-formal (organized
classes outside the school system) approaches: and

£) TESDA graduate refers to a student or trainee who has completed the requirements set
for a Technical Education and Skills Development Authority (TESDA)-registered Technical Vocational
Education and Training (TVET) course/program

CHAPTER I
DUTIES RELATED TO THE HUMAN RIGHTS OF OUT-OF-SCHOOL YOUTH

SEC. 4, State as the Primary Duty-Bearer.~ The State, through the National Youth Commission
(NYC) and concemed youth serving agencies, shall be guided by progressive developments in the human
rights of out-of-school youth under international law, and shall endeavor to design policies, laws, and
other regulatory measures to fulfill these duties. It shall institute programs that will carry out the
objectives of this Act and promote:

a) The protection of the rights of out-of-school youth against discrimination by private
corporations, entitles, and individuals; and

b) The substantive equality in the rights of out-of-school youth in all spheres of growth
and development

SEC. 5. Duties of the State Agencies and Instrumentalities.~ The duties of the State as stated in
Section 4 of this Act shall extend to all state agencies, offices, and instrumentalities at all levels of
government including government-owned and-controlled corporations, subject to the Constitution and
pertinent laws, policies, or administrative guidelines that define of state agencies and entities concerned

CHAPTER IV
RIGHTS AND EMPOWERMENT

SEC. 6. Human Rights of Out-of-School Youth. ~ An out-of-school youth shall enjoy, without
discrimination, all rights provided for in the Constitution and those rights recognized under
international instruments duly ratified by the Philippines, in consonance with Philippine law.

SEC. 7. Protection from Violence.- The State shall ensure that all out-of-school youths shall be
protected from all forms of violence, particularly in cases of physical abuse, sexual exploitation and


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human trafficking as provided for in existing laws. The Department of Justice, Department of Social
Welfare and Services, and other concerned ayencies, shall give priority to the defense and protection of
out-of-school youths and help in attaining justice and healing.

SEC. 8. Equal Treatment Before the Law. — The NYC and other youth-serving agencies shall
take steps to review and, when necessary, amend or repeal existing laws that are discriminatory to out-
of-school youths

SEC. 9. Representation of Qut-of-School Youth Issues and Concerns in Media and Film.- The
NYC and other concerned agencies shall formulate policies and programs for the advancement of out-
of-school youth in collaboration with government and non-government media-related organizations.

For this purpose, the State shall ensure allocation of resources for the production, publication and
airing of all forms of information materials on the rights of the out-of-school youth and the various
services and benefits provided to them under this Act

SEC. 10. Recognition and Preservation of Cultural Identity and Integrity.- The tights of Moro
and Indigenous out-of-school youth to practice, promote, protect, and preserve their own culture,
traditions, and institutions and to consider these rights in the formulation and implementation of national
policies and programs shall be upheld. To this end, the National Commission on Muslim Filipinos and
the National Commission on Indigenous Peoples shall, in consultation with the sectors concemed to
protect their rights, indigenous knowledge system and practices, traditional livelihood, and other
appropriate measures to promote and to respect for their rights, practices and way of life: Provicled, That
these cultural systems and practices do not discriminate against other out-of-school youth

CHAPTER V
GOVERNMENT ASSISTANCE AND SUPPORT

SEC. 11. Government Assistance. — The National Government, through its agencies and
instrumentalities shall provide the following:

a) Education ~ The Department of Education (DepEd), TESDA and the Commission on
Higher Education (CHED), in consultation with the non-government organizations(NGOs), shall institute
a program that will ensure access of our-of-school youth to formal and non-formal education;

b) Health — The Department of Health (DOH), in coordination with local government
units (LGUs) and NGOs, shall institute a national health program and provide an integral health service
for out-of-school youth;

©) Social Service - The Department of Social Welfare and Development (DSWD), in
cooperation with the LGUs, NGOs and other relevant stakeholders shall develop and implement
programs on social services for out-of-school youth, the components of which are:

1) — Social Enhancement Services, which provide the out-of-school youth with
opportunities for socializing, organizing creative expression, and improvement of self.

2) After Care Services, which provide for support services for out-of-school youth who
are discharged from the homes or institutions of the DSWD, and other private institutions duly accredited
by the DSWD, especially those who have problems of reintegration with family and the community

d) Employment ~ The Department of Labor and Employment (DOLE), in coordination
with other government agencies such as the Department of Trade and Industry (DTI), TESDA shall
assess, design, and implement training programs that will provide skills and welfare or livelihood support
for out-of-school youth


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CHAPTER VI
MANDATORY TECHNICAL AND VOCATIONAL EDUCATION

SEC. 12. Mandatory Technical/Vocational Education. ~ \t shall be the duty of the State to
provide technical or vocational education to the out-of-school youth. The course shall be provided and/or
managed by TESDA in accordance with its training regulations

SEC, 13. Alternative Learning System. — An altemative learning system of education shall be
made available to out-of-school youth in the barangays.

For out-of-school who are in the custody of a home or an institution managed by the DSWD, the
latter shall coordinate with the DepEd for the provision of an alternative learning system within its
premises

SEC. 14, Education Cost and Support. — The TESDA shall provide technical and vocational
education services to out-of-school youth free of charge. It shall likewise provide materials, instruments,
and tools that the out-of-school youth may need while enrolled in a technical/vocational course, and
financial support to cover transportation and other related costs for the duration of the training,

SEC. 15. Entrepreneurial Education, ~The DTI, in coordination with TESDA and other relevant
government agencies, shall conduct a training program to provide the out-of-school youth with the
knowledge, skills and motivation to encourage entrepreneurial endeavors. The program shall include
small business management, new approaches on innovation or introduction of new products or services
to the markets.

SEC. 16. Promotion to Formal Tertiary Education. - The Local Social Welfare and
Development Officer may recommend an out-of-school youth to be a recipient of a scholarship grant
from the CHED under either Republic Act 10931 or the Universal Access to Quality tertiary Education
or Republic Act 10687 or the Unified Student Financial Assistance System for Tertiary Education Act
(UNIFAST).

CHAPTER VII
MPLOYMENT AND ENTREPRENEURIAL FACILITATION

SEC. 17. Employment.- Out-of-school youth who have the capacity and desire to work shall be
provided employment opportunities to enable their transition as productive members of society

SEC. 18. Entrepreneurial Facilitation- The DV shall establish a community- based method of
addressing the needs and barriers facing out-of-school youth entrepreneurs. The objective of
entrepreneurial facilitation is to encourage and retain a diverse and robust local entrepreneurial economy
that leads to more opportunities for the out-of-school youth

SEC. 19. Right to Decent Work. ~The DOLE, in coordination with TESDA, shall ensure decent
work standards for out-of-school youth who have graduated from TVET courses, including the following
minimum guarantees:

a) Local job generation and employment, economic opportunities and providing strict
regulations against forced and involuntary displacement, and

b) Protection of the rights and promotion of the welfare of migrant TVET graduates
regardless of work status, and protection against discrimination in wages conditions of work, and
employment opportunities in host countries,

SEC. 20. Social Protection. The National Poverty Commission and concerned agencies shall
institute policies and programs that seek to reduce the poverty and vulnerability to risks of out-of-school


youth by protecting them against the financial hazards of sudden loss of income, and improving capacity
to manage risks.

Further, the State shall ensure that out-of-school youth workers and TVET graduates shall be
provided by their employer with a mandatory life, accident and health insurance coverage

CHAPTER VII
ESPECIALLY DIFFICULT CIRCUMSTANCE

SEC. 21. Especially Difficult Circumstance. — Out-of-school youth who are in especially
difficult circumstances such as victims of sexual and physical abuse, illegal recruitment, prostitution,
trafficking, armed conflict, out-of-school youth in conflict with the law, and such other related
circumstances which have caused functional incapacity in society, shall be provided with services and
interventions as necessary such as

a) Temporary and protective custody

b) Medical and dental services

¢) Psychological evaluation

4) Counseling

e) Psychiatric evaluation

f) Legal services

8) Productivity capability building

h) Livelihood assistance

i) Financial assistance

j) Life skills training

k) Health education and information

SEC, 22, Inter-Agency Support. — The National Youth Commission, in coordination with the
DSWD, DOJ, DOH, DepEd and the Advisory Council created under RA No. 8044, and concerned LGUs
shall lead in facilitating, implementing, monitoring and planning programs for the rehabilitation of out-
of-school youth

SEC. 23. Duty of the LGU. — itis the duty of the LGU where the out-of-school youth resides to
deliver the necessary services and interventions under their respective jurisdictions

CHAPTER IX
ADMINISTRATION AND ENFORCEMENT

SEC. 24, Role of Advisory Council — The Advisory Council created under Republic Act No
8044 or the “Youth in Nation-Building Act” shall plan, coordinate and monitor yearly work programs in
compliance with the objectives of this Act. It shall formulate and implement a National Comprehensive
Multi-Stakeholder Plan of Action for Out-of-school youth

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The Advisory Council shall also coordinate with and ensure that the relevant agencies of the
government have appropriate programs for the out-of-school youth in accordance with the objectives of
this Act

‘The Advisory Council shall cause the prominent display of information materials in governme
institutions and private establishments aimed at generating public awareness on the rights of out-of-
school youth

SEC. 25, Rule of Local Social Welfare and Development Officer ~ The Local Social Welfare
and Development Officer shall assist the Advisory Council in the effective implementation of the
provisions of this Act and shall perform the following functions:

a) Draw up a list of available and required services which can be provided for out-of
school youth;

b) Maintain and regularly update on an annual basis the list of out-of-school youth and to
issue nationally uniform individual identification cards free of charge, which shall be valid anywhere in
the country,

c) Serve as a focal person on the dissemination of general information and feedback in
regard to the needs of the out-of-school youth:

d) Report to the Mayor, any individual, establishment, business entity, institution, or

agenct found violating any provision of this Act:

e) Coordinate with the Advisory Council to ensure compliance with the provisions of this
Act: and

f) Monitor the compliance of government institutions as well as private establishments to
prominently display information materials such as posters, banners and pamphlets that will generate
public awareness on the rights and welfare of out-of-school youth

SEC. 27. Penalties. — Any person who violates any provision of this Act shall, upon conviction,
suffer the following penalties

a) For the first violation, imprisonment of not less than six(6) months but not more than
two (2) years and fine of not less than Fifty Thousand pesos (P50,000.00) but not more than One hundred
thousand pesos (P 100,000.00);

b) For any subsequent violation, imprisonment of not less than two (2) years but not more
than six (6) years and a fine of not less than One hundred thousand pesos (P100,000.00) but not more
than Two hundred thousand pesos (P200,000.00),

©) For any person who avails of any of the benefits and privileges granted under this Act
but who is not qualified to avail of the same, imprisonment of not less than six (6) months and a fine of
not less than Fifty thousand pesos (PS0,000,00) but not more than One hundred thousand pesos
(P 100,000.00),

d) If the offender is a corporation, organization or any similar entity, the officials thereof
directly involved in the violation or abuse shall be held liable

If the offender is an alien or a foreigner, the person shall be deported immediately upon service
of sentence without further proceedings.


1 Upon filing of the appropriate complaint or information, the proper authorities, in coordination
2 with the concemed LGU, shall cause the cancellation or revocation of the business permit, permit to
3. operate, franchise and other similar privileges granted to any business entity or person that fails to abide
4 by or violates the provisions of this Act.

5 SEC. 28. Appropriations. — The amount necessary for the effective implementation of this Act
6 shall be included in the budget of the concerned government agencies in the annual General
7 Appropriations Act;

8 SEC. 29, Implementing Rules and Regulations. — The Advisory Council created under Republic.
9 Act No, 804 shall promulgate, not later than thirty (30) days upon the effectivity of this Act, the
1 necessary rules and regulations for the effective implementation of this Act: Provided, That the failure to
1 promulgate the rules and regulations shall not prevent the implementation of this Act upon its effectivity

1B SEC. 30. Separability Clause. — If any provisions of this Act, is declared unconstitutional, the
14 remainder of this Act or any provision not affected thereby shall remain in full force and effect.

1s SEC. 31. Repealing Clause. — All laws, decrees, orders, issuances, rules and regulations or parts
16 thereof inconsistent with that provisions of this Act are hereby repealed, amended or modified
17 accordingly:

Is SEC. 32. Effectivity. This Act shall take effect fifteen (15) days after its publication in the
19 Official Gazette or in a newspaper of general circulation

Approved