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REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

3246
House Bill No.

Introduced by REPRESENTATIVE AURELIO D. GONZALES, JR.

EXPLANATORY NOTE

Hailed as the Bagong Bayani, the Overseas Filipino Workers are indeed the new heroes of our
society. They may not bear arms to fight foreign invaders, but they endure innumerable struggles and
hardships while being miles away from their families, so that they could give them financial support
and provide them with a better life. As noble as their intentions are, and despite the many stories of
success some of our OFWs achieve, there are some cases unfortunately, where our heroes are
exploited; being implicated in crimes they did not commit, being molested or abused by their foreign
employers leading some of them to be imprisoned, or being deported back to our country with nothing
in their pockets and trapped in debt or worse, returning to our Motherland void of life.

This bill seeks to stop such scenarios by creating a department specifically for them. Under this
bill, all existing offices and agencies providing assistance to our Overseas Filipino Workers would be
consolidated under a single Department. This endeavor seeks to provide a more comprehensive and
synchronized services to our overseas workers that will not only aid them locally, but also in the
international workforce.

As legislators and servants of our people, the responsibility to protect and care for some 2.3
million Overseas Filipino Workers rests on our shoulders. They continuously contribute a strong
foundation in our growing economy by remitting 28.1 Billion US Dollars in 2017 alone. No excuses
could be made to delay this much-needed help for our people. These fellow citizens are our heroes that
should be fauded, respected and taken care of. If we do not act now, there will come a time that these
heroes will eventually stop struggling, and that will be of much detriment to our nation whose hopes
and dreams are now slowly achieving its realizations.

In the view of the foregoing, the passage of this bill is earnestly and urgently sought.

Al INZALES, JR.
3" Ip istrid/Pampanga


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

Eighteenth Congress
First Regular Session

; 3246
House Bill No.

Introduced by REPRESENTATIVE AURELIO D. GONZALES, JR.

AN ACT CREATING THE DEPARTMENT OF OVERSEAS FILIPINO WORKERS,
DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR,
AND OTHER PURPOSES

SECTION 1. Short Title. - This act shall be known as the “Department of
Overseas Filipinos Act.”

Sec 2. Declaration of Policy. - The State shall afford full protection to Overseas
Filipino Workers (OFW) and other overseas Filipinos, promote full employment,
ensure equal work opportunities regardless of sex, gender, race, creed or religion,
regulate the relations between OFW and their employers, and promote their welfare
and well-being at all times. The State shall protect the rights of the workers to
security of tenure, and just and humane conditions of work. Towards this end, the
State shall provide adequate and timely social, economic, and legal services to OFW.

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
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.

See. 3. Creation of a Department of Overseas Filipinos. There is hereby
created a Department of Overseas Filipinos, 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 of and for overseas Filipinos and their families.

Sec. 4, Mandate. - The Department shall be the primary policy, planning,
coordinating, implementing, and administrative entity of the executive branch of the
government that will plan, develop, and manage the national migration and
development agenda of Overseas Filipinos that is supportive and complementary to
national efforts to create, sustain, and strengthen local employment.

Sec. 5. Powers and Functions. -

(a) Formulate and recommend national policies and guidelines and conduct in-
depth studies on all policy areas and options that will ensure protection of
Filipino migrants and address perennial issues they face abroad, in
consultation with the relevant stakeholders;


(b) Assess, review, harmonize and coordinate all overseas Filipino worker-related
local policies and procedures and international agreements to ensure overall
consistency and implementation of the national policies;

(©) Promote, advance and implement general and specific government objectives
regarding migrant Filipinos’ 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;

(c) Represent and negotiate for the Philippine interest on matters pertaining to
overseas Filipino affairs in international bodies;

() Develop, implement and improve coordination with other countries where
overseas Filipinos are present;

(g) Monitor foreign development to ensure humane and 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, real, imminent or apparent;

(h) Promote knowledge, information and resource sharing, and develop a
database to assist overseas Filipinos anywhere in the worl

(i) Coordinate and support the generation of resources or funds for use of
overseas Filipinos;

() Conduct symposia, consultations and seminars on effective programs relating
to overseas Filipinos;

(k) Assist and provide technical expertise to overseas Filipinos in distress and tap
the services of personnel, foreign and local, with expertise to help in the
repatriation of OFWs, if needed;

() Promote, develop and monitor the continuing education, training and
qualification, availability and deployment of OFWs and coordinate with
concerned agencies in the training of overseas Filipinos to improve their
competitiveness globally;

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

(n) Ensure that there are existing and effective reintegration programs for
returning OFWs;

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

(p) Promulgate rules and regulations for the implementation of its guidelines and
policies and related laws;

(q) Administer, accept, hold and utilize property, both personal and real, subject
to limitation by existing laws, for the purpose of assisting or expediting the
work of the Department;


(x) Shall establish a Shared Government Information System for Migration which
shall allow free flow data exchanges and sharing among concerned agencies;
and

(s) To perform such other functions, as maybe needed to achieve the objectives
provided under this Act.

Sec. 6. Composition. - The Department shall be headed by one (1) Secretary
who shall be assisted by four (4) Undersecretaries and four (4) Assistant Secretaries.

Sec. 7. Qualifications. - No person shall be appointed Secretary or
Undersecretary and Assistant Secretary of the Department unless he or she is a
citizen and resident of the Philippines, of good moral character, of proven integrity
and has acquired competence and expertise in the field of migration and
development.

The Secretary shall be appointed by the President subject to confirmation by
the Commission on Appointments. The Undersecretaries and Assistant Secretaries
shall be appointed by the President upon recommendation of the Secretary.

Sec. 8. Exercise of Powers and Functions. - The Secretary shall exercise
general administrative, executive, and policy-making functions and adjudicatory
powers. Further, the Secretary shall exercise supervision over the entire operations
of the Department, extend advice to the President on the promulgation of executive
and administrative orders and regulatory and legislative proposals on matters
pertaining to Overseas Filipino and exercise such other powers and functions as
may be provided by law or assigned by the President.

Sec. 9. Undersecretaries and Assistant Secretaries. - The Undersecretaries
and Assistant Secretaries shall aid the Secretary in the performance of his or her
operational duties and shall perform such other functions as may be directed by the
Secretary.

Sec. 10. Establishment of Overseas Filipinos Malasakit Centers.- The
Department, in partnership with other government agencies and non-government
organizations, shall establish the Overseas Filipinos Malasakit Centers in all cities
and major municipalities nationwide to ensure prompt, efficient, vital and relevant
services to migrant Filipinos and their families to include passport and
authentication services, acquisition of government clearances and permits,
validation of overseas job offers, reintegration services and all pertinent seminars
and workshops for all stakeholders.

See. 11. Special Assistance Fund for Distressed Overseas Filipinos. — A Special
Assistance Fund in the amount of One Billion Pesos (P 1,000,000,000.00) is hereby
created to assist overseas Filipinos in distress.

See. 12. Appropriations. - The amount allotted for the initial operation of the
Department shall be sourced from the fund of the International Labor Affairs
Bureau (ILAB), including all Philippine Overseas Labor Offices (POLOs),
Commission on Filipinos Overseas, Office for Social Welfare Attaché, and pertinent
offices of Maritime Industry Authority (MARINA). Thereafter, the amount needed for
the operation and maintenance of the Department shall be included in 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 further, 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 11 hereof.


Sec. 13. Attached Agencies. - The following agencies shall be attached to the
Department for policy and program coordination, and shall continue to function in
accordance with the charters, laws or orders creating them, unless inconsistent with
the substance and spirit of this Act:

1) Philippine Overseas Employment Administration (POEA);
2) Overseas Worker's Welfare Administration (OWWA); and
3) National Reintegration Center for OFWs (NRCO)

Sec. 14. Transfer of Bureaus, Offices and Agencies. — The following bureaus,
offices and agencies are hereby transferred from their respective departments to the
Department:

1) International Labor Affairs Bureau (ILAB), including all Philippine
Overseas Labor Offices (POLOs), with direct supervision over Labor
Attachés and the Migrant Workers and other Filipinos Resource
Centers (MWOFRCs);

2) Commission on Filipinos Overseas (Office of the President);

3) Office for Social Welfare Attaché (Department of Social Welfare and

Development); and

Pertinent offices of Maritime Industry Authority (MARINA) in relation

to the training, certification, and setting and monitoring of standards

concerning international seafarers (Department of Transportation)

4

See. 15. Transition of Bureaus, Offices and Agencies. - 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.

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.

See. 16. Implementing Rules and Regulations. ~ The Technical Working Group
composed of the representatives of the POEA, OWWA, NRCO, ILAB, CFO, DFA,
DSWD, DOTr and DOLE shall promulgate the necessary implementing rules and
regulations within one hundred and twenty (120) days from the effectivity of this
Act.

Sec. 17. Transitory Provision. - All existing orders, rules, regulations and
other issuances shall remain in force until the effectivity of this Act.

Sec. 18. Separability Clause. ~ If any provision of this law or the application
thereof to any person or circumstance, is held in valid, the remainder of this law, or
the application of such provision or part to other persons of circumstances, shall not
be affected thereby.

Sec. 19. Repealing Clause. - All laws, decrees, rules and regulations or parts
thereof, which are contrary to or inconsistent with this Act are hereby repealed or
modified accordingly.

Sec. 20. Effectivity. - This act shall take effect one (1) year after its publication
in the Official Gazette or in at least two (2) newspapers of general circulation.

Approved,