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

Eighteenth Congress
First Regular Session

4687

HOUSE BILL NO.

Introduced by the Honorable Joaquin M. Chipeco, Jr.

EXPLANATORY NOTE

There is a little known fact in Philippine history which concerns our overseas
Filipino workers and our national hero, Dr. Jose Rizal. In one of his travels abroad,
Rizal found himself one day leisurely strolling along Hibiya Park in Tokyo, Japan,
where he was drawn to the sound of music. Heading towards the spot where the
music was coming from, he found a band of musicians which to his surprise, where
comprised of Filipinos. Historians commenting on the incident noted that it seems
that even during the Spanish period, there were already Filipino workers trying their
luck in other countries.

This bill is a tribute to our heroic Filipino workers who would risk loneliness
and alienation from their loved ones for the sake of hard-earned money. It appears
that this phenomenon of our countrymen going abroad for work even antedated the
birth of the independent Philippine republic. Hence, it is but appropriate to create an
entire line department solely for them so that their manifold concerns and urgent
welfare would be addressed.

In view of the foregoing, the early approval of this bill is eamnestly requested.

=>)
ieee era ne
JOAQUIN M. CHIPECO, JR.
/Re] ntative
_ Mone District of Calamba City



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

Eighteenth Congress
First Regular Session

HOUSE BILL No. _ 4687

Introduced by the Honorable Joaquin M. Chipeco, Jr.

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

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

GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as the "Department of
Overseas Filipino Workers (OFW) Act of 2019."

SEC. 2. Declaration of Policies. —

(a)In the pursuit of an Independent foreign policy and while considering
national sovereignty, territorial integrity, national interest. and the right to self-
determination paramount in its relations with other states, the State shall, at all
times, uphold the dignity of its citizens, whether in country or overseas, in
general, and Filipino migrant workers, in particular, continuously monitor
international conventions, adopt/be signatory to and ratify those that guarantee

protection to our migrant workers, and endeavor to enter into bilateral
1


agreements with countries hosting overseas Filipino workers;

(b) The State shall afford full protection to OF Ws, promote full employment,
ensure equal work opportunities regardless of sex, gender, race, creed or religion,
regulate the relations between OF Ws 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
OFWs;

(c)While recognizing the significant contribution of Filipino migrant
workers and overseas Filipinos to the national economy through their foreign
exchange remittances and investments, the State does not promote overseas
employment as a means to sustain economic growth and achieve national
development. The existence of the overseas employment program rests solely on
the assurance that the dignity and fundamental human rights and freedoms of the
Filipino citizens shall not, at any time, be compromised or violated. The State,
therefore, shall continuously create local employment opportunities and promote
the equitable distribution of wealth and the benefits of development. Toward this
end, the State shall continually aim to make migration a choice and not a
necessity for every Filipino worker;

(d) The State affirms the fundamental equality before the law of women
and men and the significant role of women in nation building. Recognizing the
contribution of overseas migrant women workers and their particular
vulnerabilities, the State shall apply gender sensitive criteria in the formulation
and implementation of policies and programs affecting migrant workers and the

composition of bodies tasked for the welfare of migrant workers;

(e) Free access to the courts and quasi-judicial bodies and adequate legal
2


assistance shall not be denied to any person by reason of poverty. In this regard, it
is imperative that an effective mechanism be instituted to ensure that the rights
and interests of distressed overseas Filipinos, in general, and Filipino migrant
workers, in particulas whether regular/documented or irregulay‘undocumented

are adequately protected and safeguarded

(f) The right of Filipino migrant workers and of all overseas Filipinos to
participate in the democratic decision-making processes of the State and to be
represented in institutions relevant to overseas employment is recognized and
guaranteed;

(g) The State recognizes non-governmental organizations, trade unions,
workers associations, business organizations and other stakeholders duly recognized
as legitimate, as partners of the State in the protection of Filipino migrant workers
and in the promotion of their welfare. The State shall cooperate with them ina spirit
of trust and mutual respect. The significant contribution of recruitment and
manning agencies shall form part of this partnership;

(h) 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;

(i) The State further affirms that the Filipino family, as a basic autonomous
| social institution, is the foundation of the nation. Accordingly, the solidarity of the

| families of OFWs shall be strengthened and their total development shall be
|
| 3


actively promoted; and

(j) The State shall endeavor to fulfill its commitment in the fulfillment of the

| 23 objectives of the Global Compact for Safe, Orderly and Regular Migration

(GCM).

CHAPTER I
THE DEPARTMENT PROPER

SEC 3. Creation. - The Department of Overseas Filipinos, hereinafter referred to
as the Department, is hereby organized, structurally and functionally in accordance

with the provisions of this Act.

The Department is hereby created to serve as the primary agency under the
Executive Branch tasked to promote the welfare of overseas Filipinos; formulate,
plan, coordinate, promote, administer, implement policies, and undertake a
systematic national development program for managing and monitoring the
overseas/foreign employment of Filipino workers, including seafarers, domestic
helpers, skilled and unskilled workers taking Into consideration domestic
manpower requirements and the need to protect their rights to fair and equitable

employment practices.

The Department shall render an annual report of Its activities and
achievements to the President and to Congress. In addition, it shall have original
and exclusive jurisdiction over all cases involving employer-employee relations,
documented/regular or undocumented/irregular workers, arising out of or by

virtue of any law orcontract involving Filipino workers for overseas employment.


SEC. 4. Powers and Functions. - \n pursuit of its mandate, the Department shall

have the following powers and functions:

@)

(b)

©

(d)

©

(0)

(g)

(hy

Formulate, recommend, and implement national policies, plans, programs,
and guidelines that will ensure the protection of Over\seas Filipinos and
Migrant Workers, and address the problems that they face abroad in
consultation with all relevant stakeholders;

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 stakeholders;

Assess, review, harmonize, and coordinate all OF W-related local policies
and procedures and international agreements to ensure overall consistency

and Implementation of the national policies;

Protect and promote the interest of every citizen desiring to work overseas
by securing for him/her the most equitable terms and conditions of

employment, and by providing social and welfare services;

Protect and promote the welfare, well-being, and interests of the families of
OFWs;

Formulate general guidelines concerning wage and income policy subject

to the limitations imposed by the laws of the foreign countries;

Build a strong and harmonious partnership with foreign countries and the

private sectors to formulate strategies and implement the same;

Assess, review, harmonize, and coordinate applicable policies and
5


procedures, as well as multilateral or bilateral treaties and agreements with
OFW countrics of destination and other migrant countries of origin, the
United Nations and Its affiliate organizations, and other international and

| regional organizations, fora, and processes, in coordination with the
Department of Labor and Employment (DOLE) and the Department of
Foreign Affairs (DFA);

(i) Represent Philippine Interests and negotiate on matters pertaining to
overseas Filipinos and migrant workers In international bodies, in
coordination with the Department of Foreign Affairs and the Department of
Labor and Employment;

(j) Be the primary agency in countries of destination in charge of Overseas
Filipinos and Migrant Workers concerns under the control and supervision
of the head of post in the person of the Ambassador or Consul General
following the One Country Team Approach (OCTA);

(k) Employ a proactive approach in providing assistance to the Overseas
| Filipinos and Migrant Workers in times of war, civil unrest, or other

analogous circumstances, whether potential or actual;

(!) Assist and provide timely assistance to Overseas Filipinos and Migrant
Workers In distress and, for this purpose, tap the services of local and
foreign-based personnel, lawyers, labor experts, security providers and other

professionals

(m) Provide social and welfare services to OF Ws, including insurance, social

work assistance, legal assistance, cultural services, and remittance services;


(n

C)

(P)

)

@)

(s

(t)

Provide job matching services to the public, in cooperation with the
Department of Education, the Commission on Higher Education, the Technical
Education and Skills Development Authority, and other government
agencies, civil society and non-governmental organizations, with the view of

promoting the global competitiveness of the Filipino;

Promote knowledge, information and resource sharing, and develop a database
system complete with information on the status and location of Overseas

Filipinos and Migrant Workers anywhere in the world;

Coordinate and support the generation and build-up of resources or funds for
the use of Overseas Filipinos and Migrant Workers;

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 of

Filipino workers and other related activities;

Regulate the operation of private recruitment agencies and other
relevant business entitles involved in the deployment of OFWs taking into
account the primacy of upholding the welfare and protection of OFWs, and

with due consideration torelevant market conditions ;

Assist in the professionalization, training and capacity building of private
recruitment agencies, and recognize their freedom of association for the
purpose of self-regulation, raising accountability and effective
representation, and the adoption of a code of ethical conduct among its

members, and provide a system of incentives therefor;


(u) Assume all other powers, functions, and responsibilities assigned to the
DOLE relating to OFWs provided for under Republic Act No. 8042, as
amended, otherwise known as the Migrant Workers Act of 1995, R.A. No.

| 10801 otherwise known as the Overseas Workers Welfare Adi

Act, and other related laws; and

(v) Promulgate rules and regulations for the Implementation of its guidelines
and policies and related laws.

SEC. 5. Composition. - The Department shall consist of the Department proper
comprising of the Office of the Secretary, the Office of the Undersecretaries and
Assistant Secretaries, the Service Units and the Staff Bureaus, and its Regional
Offices,

The Secretary shall be appointed by the President and confirmed by the
Commission of Appointments. The Undersecretaries and Assistant Secretaries
shall be likewise be appointed by the President upon the recommendation of the

Secretary.

SEC. 6. Secretary of the Department of Overseas Filipinos. - The authority and
responsibility for the exercise of the mandate of the Department and for the
discharge of its powers and functions shall be vested in the Secretary of
Overseas Filipinos, hereinafter referred to as the Secretary, who shall have
supervision and control over the Department. For such purposes, the ‘Secretary
shall have the following powersand functions:

(a) Establish the policies and standards for the operation of the Department

| pursuant to the approved programs of government;

(b) Exercise jurisdiction over al bureaus, offices, agencies and corporations
|
| 8


(d

(e)

(f)

g

(h

under the Department as are provided by law, and in accordance with the
applicable relationships as specified in Chapters 7,8, and 9 of the
Administrative Code of 1987;

Delegate authority for the performance of any function to officers and

employees of the Department;

Advise the President on the promulgation of executive and administrative
orders, other regulative issuances, and legislative proposals on matters
pertaining to foreign labor and employment;

Formulate policies, guidelines, rules and regulations and other issuances
essential and necessary to carry out Department policies, plans, programs
and projects;

Issue orders, directives, rules and regulations, and other issuances to carry
out foreign labor and employment policies, plans, programs and projects;
Coordinate with other government offices, labor, organizations, employers’
associations, and any other group to carry out the mandate of the Department;
Negotiate with foreign governments, in coordination with the Department of

Foreign Affairs treaties, agreements, compacts, and other instruments that are
related to labor migration;

(i) Evaluate the policy, plans, programs and project accomplishments of the

10)
(k)

10)

Department;

Prepare reports for the President and for the public;

Administer and manage the Overseas Filipinos Assistance Fund, and issue
guidelines for the proper utilization of the Fund; and

Exercise such other powers and functions as may be provided by law or
assigned by the President.


SEC. 7. Department Units. - The following units are hereby created to be each
headed by an Assistant Secretary and assisted by other officers and staff:

a. The Policy Planning, Research, and Legal Affairs Unit which shall:

1. Undertake research necessary in preparation and evaluation of policy
reports, treaties, and multilateral and bilateral agreements;

2. Assist and draft policies in line with the functions of the Office of the
Secretary and the Department;

3. Ensure that development policies are In line with national development;

4. Analyze data in order to make informed decisions and to guide policy

intervention with regard to migration and foreign employment;

5. Ensure collection of accurate and quality statistics to conduct analysis
of the changes in the labor and foreign market;

6. Advise and assist the Secretary and the Undersecretaries in the

formulation of the Department's over-all long-range and short-term plans
and programs on overseas employment, with special focus on the
government's compliance with international labor agreements;

7. Reviews and evaluates the progress/status of projects and
accomplishments in relation to set standards, objectives and schedules;

| and

1 8. Perform such other functions as may be provided by law or assigned by

the Secretary and/or Undersecretaries from time to time.

b. Administrative Unit which shall provide the Department with efficient,
effective and, economical services relating to records, management, supplies,
equipment, collections, disbursements building administration and
maintenance security and custodial work;

| c. Human Resource Development Unit which shall provide the Department
|

with a program and corresponding projects that shall make available
10



training, education, and development opportunities needed to upgrade the
levels of competence and productivity of Department managers and
personnel. It shall absorb the powers and functions of the Administrative
Service In relation to the development and administration of personnel
programs including selection and placement, development, performance
evaluation, employee relations, and welfare;

Financial Management Unit which shall be responsible for providing the
Department with efficient, effective, and economical services relating to

budgetary, financial, management improvementand internal control matters;

e Information and Publication Unit which shall be responsible for
promoting rapport and understanding between the Department and the public
through the development of public relations programs and the dissemination of
accurate and updated information on foreign labor and employment, by means
of publication, radio, television, and social media coverage of special events
and related matters on the Department's policies, plans, programs, and projects.
The Service shall likewise be responsible for providing answers to queries from
the public regarding the Department's policies, rules, regulations, programs,
activities, and services; and

The Overseas Filipinos Assistance Fund Unit which shall be responsible for
assisting the Secretary in the management and use of the Overseas Filipinos

Assistance Fund.

SEC. 8. Undersecretaries. - The Secretary shall be assisted by not more than six
(6) Undersecretaries who shall be appointed by the President upon the
recommendation of the Secretary. The following offices are hereby created to be

each headed by an Undersecretary and assisted by other officers and staff:

a. Office of the Undersecretary for Administration and Finance which
I


shall provide the Department with efficient, effective and, economical
services relating to records, management, supplies, equipment,
collections, disbursements building administration and maintenance,
security, and custodial work; administer personnel programs including
selection and placement, development, performance evaluation,
employee relations, and welfare; manage internal budgetary and
financial matters. The Office shall supervise the operational activities
of the Administrative Unit, Human Resource Development Unit and the

Financial Management Unit;

. Office of the Undersecretary for Foreign Employment which shall absorb

the mandates and functions of the Philippine Overseas Employment
Administration under Executive Order 247 s. 1987 and Republic Act
No. 8042, as amended, and shall have the following additional functions:
1. Advise and assist the Secretary in the formulation of the
Department's over-all long-range and short-term plans and
programs on overseas employment, with special focus on the

government's compliance with international laboragreements;

Nv

. Review and evaluate the progress/status of projects and

accomplishments in relation to set standards, objectives and
schedules;

3. Supervise the operational activities of the Policy Planning,
Research and Legal Affairs Unit, and the Information and
Publication Unit; and

4, Perform such other functions as may be provided by law or
assigned by the Secretary from time to time.

. Office of the Undersecretary for Reintegration and Social

Services which shall absorb the mandates and functions of the

Overseas Workers Welfare Administration under Republic Act

12


No. 10801, implement and deliver programs and services through

regional and on-site operations and shall have the following

additional functions:

1

Develop support programs and projects for livelihood,
entrepreneurship, savings, investment and financial literacy
for returning Filipino overseas migrant workers and their
families, in coordination with relevant stakeholders, service
providers and international organizations;

Coordinate with appropriate stakeholders service providers
and relevant international organizations for the promotion,
development and the full utilization of the skills and potentials of
returning overseas Filipino workers;

Institute, in cooperation with other government agencies
concerned, a computer-based Information system on returning
Filipino overseas migrant workers which shall be accessible
to all local recruitment agencies and employers, both public
and private;

Provide a periodic study and assessment of job opportunities
returning Filipino overseas migrant worker;

Develop and implement other appropriate programs to promote
the welfare of returning Filipino overseas migrant workers;
Maintain an interest-based communication system for on-line
registration of returning OF Ws and interaction with clients, and
maintain and upgrade computer-based service capabilities of
the Department;

Develop capacity-building programs for returning overseas

Filipino workers and their families, implementers, service

13


providers and stakeholders;

8. Conduct research for policy recommendations and program
development;

9. Administer the OWWA Fund;

10. Administer the Migrant Workers Loan Guarantee Fund; and

11. Undertake other programs and activities as may be determined
by the Department,

. Office of the Undersecretary for Overseas Filipinos which shall

have the following functions:

Formulate, in coordination with agencies concerned, an
integrated program for the promotion of the welfare of
Filipinos overseas for implementation by suitable existing
agencies;

2. Coordinate and monitor the implementation of such an
integrated program;

. Initiate and directly undertake the implementation of special

w

projects and programs, whenever necessary, to promote the
welfare of Filipinos overseas with respect to their interests and
activities in the Philippines;

4. Serve as a forum for preserving and enhancing the social,
economic and cultural ties of Filipinos overseas with their

motherland;

wn

. Provide liaison services to Filipinos overseas with appropriate
government and private agencies in the transaction of business

and similar ventures In the Philippines; and

a

Perform such other functions as may be provided by law or
assigned by the Secretary from time to time.

14


e. Office of the Undersecretary for Assistance to Overseas Filipinos in
Distress which shall have the following functions:
1. Provide prompt and appropriate response to global emergencies
or crisis situations affecting OF Ws and their families;
2. Recommend to the Secretary the grant of the use of Overseas
Filipinos Assistance Fund;
3. Undertake all repatriation activities, in coordination
with the Office of the Undersecretary for Foreign
Employment, Office of the Undersecretary for Reintegration

and Social Services, and other government agencies, in cases

of war, epidemic, disasters or calamities, natural or man-
made, and other similar events without prejudice to
reimbursement by the responsible principal or agency;

4. Draft the guidelines, procedures and criteria for the
provisions of Overseas Filipinos Assistance Fund to
Overseas Filipino and Migrant Workers;

5. Ensure effective coordination and cooperation with other
agencies and the Foreign Service Posts in the provision of
assistance from the Overseas Filipinos Assistance Fund to

Overseas Filipino and Migrant Workers;

6. Coordinate with the Office of the Undersecretary for
Foreign Employment, Office of the Undersecretary for
Reintegration and Social Services, and other government
agencies concerned, as well as with non-governmental
organizations assisting migrant workers, to ensure effective
coordination in providing legal assistance to migrant

workers;

7. Tap the assistance of the Integrated Bar of the Philippines
15



(IBP), other bar associations, legal experts on labor,
migration and human rights laws, reputable law firms, and
other civil society organizations, to complement
government services and resources to provide legal
assistance to migrant workers; and

8. Supervise the operational activities of the Overseas Filipinos
Assistance Fund Unit.

f. Office of the Undersecretary for International Labor Affairs
which shall have the following functions:

1. Monitor the observance and Implementation of the
Philippines' obligations and commitments to international
organizations and treaties;

2. Supervise and monitor the activities of the Philippine
Overseas Labor Offices;

3. Coordinate with the Department of Foreign Affairs regarding
treaties, agreements, compacts, and other instruments that are
related to labor migration; and

4. Perform such other functions as may be providedby law or

assigned by the Secretary.

SEC. 9. Regional Offices. - The Department is hereby authorized to
establish, operate, and maintain such Department-wide Regional Offices
In each of the administrative regions of the country, Insofar as necessary,
which shall be headed by a Regional Director who shall have
supervision and control thereof. The Regional Director, whenever
necessary, shall be assisted by an Assistant Regional Director. A Regional

Office shall have, within Its regional area, the following functions:

16


(a) Implement laws, policies, plans, programs projects, rules and
regulations of the Department;

(b) Provide economical, efficient and effective service to the people;

(c) Coordinate with regional offices of other departments and agencies;

(d) Coordinate with local government units; and

(e) Perform such other functions as may be provided by law or

assigned by the Department.

SEC. 10. Qualifications. - No person shall be appointed Secretary,
Undersecretary or 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 with competence and expertise in the plans,
programs, projects and activities of the government relative to overseas
labor and employment.

SEC. 11. 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, local government
units, and government-owned and controlled corporations, may be
appointed to these working groups.

CHAPTER Ill
OFW CENTERS


SEC. 12. Establishment of OFW Centers. - The Migrant Workers
and other Overseas Filipinos Resource Center shall be transformed
into the OFW Center established Initially In countries where there are
large concentration of OF Ws, as determined by the Secretary. The
OFW Center shall act as a one-stop shop for Overseas Filipinos in the
countries of destination. It shall be established within the premises of
the Philippine Embassy or the Consulate and be under the
administrative jurisdiction of the Philippine Embassy. Within five (5)
years from the effectlvity of this Act, OFW Centers shall be established

in all Philippine Embassies or Consulates abroad.

When the OFW Center is established outside the premises of the
Embassy or Consulate, the Department of Foreign Affairs shall exert its
best effort to secure appropriate recognition from the receiving

government in accordance with applicable laws and practices.

SEC. 13. Functions. - The OFW Center shall provide the following
services:

a. Counseling and legal services;

b. Welfare assistance including the procurement of medical and
hospitalization services;

c. Information, advisory programs to promote social Integration
such as post- arrival orientation, settlement and community
networking services and activities for social interaction; .

d. Registration of Irregular/undocumented workers to bring them
within the purview of Republic Act 8042, as amended;

e. Implementation of Department Programs;

f. Gender-sensitive programs and activities to assist particular

needs of migrant workers;
18


Orientation program for returning workers and other migrants;
Monitoring of the daily situation, circumstances and activities
affecting migrant workers and other overseas Filipinos;

|. Ensuring that labor and social welfare laws in the receiving
country are fairly applied to migrant workers and other overseas
Filipinos; and

j. Conciliation of disputes arising from employer-employee

relationship, in accordance with this Rule.

SEC. 14. Personnel. - Each OFW Center shall be staffed by the
following:

(a) Foreign Service personnel;
(b) A Labor Attache who shall undertake Its current functions under

Republic Act 8042, as amended and shall be the representative of
the Department on-site;

(c) A Police Attache who shall establish and maintain liaison with
principal law enforcement and security services in destination
countries, and shall be appointed by the Chief of the Philippine
National Police;

(d) A Justice Attache who shall render assistance to address legal
needs of Overseas Filipinos and assist the Labor Attache in
matters relating to Overseas Filipinos in distress, and shall be
appointed by the Secretary of the Department of Justice; and

(e) Other service attaches or officers who represent Philippine

government agencies abroad.

The following personnel shall assist the attaches and be assigned to
the Center:

a. Psychologists, Social Workers, and a Shari'a or Human Rights
19


Lawyers;

b. Individual volunteers and representatives from bona fide non-
government organizations from the receiving countries, if
available and necessary as determined by the Labor Attache in
consultation with the Chief of Mission;

c. Public Relations Officer or Case Officer conversant. orally and in
writing, with the local language, laws, customs and practices; and

d. Legal Officers and such other professionals deemed necessary
by the Secretary.

SEC. 15. Administration of the Center. The Philippine Overs:
Office through the Labor Attache shall supervise and coordinate the

abor

operations of the OFW Center and shall keep the Chief of Mission
informed and updated on all matters affecting it at least quarterly
through a written report addressed to the Chief of Mission.

SEC. 16. Round-the Clock Operations. The OF W Center shall operate
on a 24- hour basis including Saturdays, Sundays and holidays. A
counterpart 24-hour Information and Assistance Center to ensure a
continuous network and coordinative mechanism shall be established at

the Department.

SEC. 17. Budget. - The establishment, yearly maintenance and operating
costs of the OFW Centers, including the costs of services and programs
not specially funded under the Act, shall be sourced from the General
Appropriations Act (GAA) and shall be included in the annual budget
of the Department. The salaries and allowances of overseas personnel

shall be sourced from the respective agencies’ budgets.

20


SEC. 18. OFW Malasakit Center. - ‘The Department, in partnership
with other government agencies and local government units, shall
establish a one-stop shop OF W assistance center to be known as "OF W
Malasakit Center" in all provinces and major cities to ensure prompt
and efficient provision of services to OF Ws and their families such as
acquisition of government permits, validation of overseas job offers,

grievance and complaints desks and reintegration services.

CHAPTER IV
TRANSFER OF AGENCIES

SEC. 19. Transfer of Bureaus, Offices, Agencies. - (a) The following
agencies are hereby abolished, and their powers and functions under
Republic Act 8042, as amended by Republic Act 10022, and other
applicable laws, and the funds and appropriations, records, equipment

property, and personnel are likewise transferred to this Department:

(1) Overseas Workers Welfare Administration(OWWA);

(2)Philippine Overseas Employment Administration
(POEA};

(3) Commission on Filipino Overseas (CFO);
(4) International Labor Affairs Bureau of the Department

of Labor and Employment (DOLE) and
(5) National Reintegration Center for OFWs (NRCO)’

The powers and functions of the Office of the Undersecretary for
Migrant Workers Affairs under the Department of Foreign Affairs and all

21


Philippine Overseas Labor Offices and their officials under the DOLE
are hereby transferred to this Department.

In the case of OWWA, all its membership records, funds
appropriated under the GAA, and all its trust funds are transferred to this
Department. The Department shall issue guidelines on the transfer of
records and funds: Provided, That existing members shall not be
required to re-apply for a new membership: Provided, further, That in
no case shall Individual membership contributions be increased:
Provided, finally. That benefits and services to OFW members shall not
be diminished.

The laws and rules on government reorganization as provided for
by Republic Act 6656, otherwise known as the Reorganization Law, and
other relevant civil service laws and regulations shall govern the

reorganization process of the Department.

CHAPTER V

TRANSITORY
PROVISIONS

SEC. 20. New Structure and Pattern. - Upon the approval of this Act,
the relevant officers and employees of the transferred entities under
Section 20 of this Act, shall In a hold over capacity, continue to
perform their respective duties and responsibilities and receive the
corresponding salaries and benefits unless in the meantime they are

separated from government service as may be provided by law.

22


Subject to the approval of the Department of Budget and
Management, the Department shall, within six (6) months from the
effectivity of this Act, determine its organizational structure, staffing
pattern, operating system, 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.

SEC. 21. Absorption or Separation from Service of Employees of
the Consolidated Agencies. - The existing employees of the agencies
transferred under the Department shall enjoy security of tenure and
shall be absorbed by the Department, in accordance with the new
staffing pattern and organizational structure as provided for in Section
21 of this Act, and the selection process as prescribed under Republic
Act No. 6656, otherwise known as the "Government Reorganization
Law".

Employees opting to be separated from the service as a
consequence of the consolidation and reconstitution under the
provisions of this Act shall within one (1) month from their separation
or phase out from the service, receive separation benefits in accordance
with existing laws. In addition, those who are qualified to retire shall be
allowed to retire and be entitled to all benefits provided, under any of the

existing retirement laws.

SEC. 22. Rationalization and Other Transitory Provisions. - In the
transfer of entity functions as prescribed in the Act, the following rules
shall be provided:

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(a) Any transfer of entities shall include the functions,
appropriations, funds, records, equipment, facilities, other properties,
assets, and liabilities of the transferred entity as well as the personnel
thereof as may be necessary, who shall, in a hold over capacity,
continue to perform their respective duties and responsibilities and
receive the corresponding salaries and benefits, unless in the meantime
they are separated from government service pursuant to existing laws.
Those personnel from the transferred entity whose positions are not
included in the new position structure and staffing pattern approved by
the Secretary or who are not reappointed shall be entitled to the benefits
provided In the second paragraph of Section 22 hereof;

(b) Any transfer of functions which results in the abolition of the
entity that has exercised such transferred functions shall include, as may
be necessary to the proper discharge of the transferred functions, the
appropriations, funds, records, equipment, facilities, other assets, and
personnel of the entity from which such functions have been
transferred. The remaining appropriations and funds shall revert to the
General Fund and the remaining records, equipment, facilities, and
other assets shall be allocated to such appropriate units as the Secretary
shall determine or otherwise shall be disposed of, in accordance with
the pertinent laws, rules and regulations. The liabilities, if any, of the
abolished entity shall be treated likewise In accordance with pertinent
laws, rules and regulations. Incumbents of the abolished entity shall, in
a hold over capacity, continue to perform their respective duties and
responsibilities and receive the corresponding salaries and benefits
unless in the meantime they are separated from government service

pursuant existing laws. Any such personnel whose position is not
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included In the new position structure and staffing pattern approved by
the Secretary or who is not reappointed shall be entitled to the benefits
provided in the second paragraph of Section 22 hereof: and

(c) Any transfer of functions which does not result in the
abolition of the entity that has exercised such transferred functions shall
include the appropriations, funds, records, equipment, facilities, other
assets as well as the personnel of the entity from which such functions
have been transferred that are necessary to the proper discharge of such
transferred functions. The liabilities, If any, which have been incurred
in connection with the discharge of the transferred functions, shall be
allocated In accordance with pertinent laws, rules and regulations. Such
personnel shall, in a hold over capacity, continue to perform their
respective duties and responsibilities and receive the corresponding
salaries and benefits unless in the meantime they are separated from
government service pursuant to existing laws. Any such personnel
whose position Is not included In the new position structure and
staffing pattern approved by the Secretary or who is not reappointed
shall be entitled to the benefits provided in the second paragraph of
Section 15 hereof.

CHAPTER VI
THE OVERSEAS FILIPINO
WORKERS DISTRESS AND
ASSISTANCE FUND

SEC. 23. Overseas Filipinos Assistance Fund. - The Legal Assistance
Funds provided for under Section 25 of Republic Act No. 8042, as

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amended, is abolished. In its stead, an Overseas Filipinos Assistance
Fund to address the needs of regular and irregular OFWs in distress,
and those OFWs returning to the Philippines for good, in the amount of
Five Billion Pesos (P5,000,000,000) is hereby created. The fund shall
be allocated for the following purposes:
(a) Repatriation;
(b) Legal assistance, including litigation expenses, legal fees,
payment of translation fees, attendance in court hearings;
(c) Defraying necessary expenses and making payments for the life-
saving rescue, medical and hospitalization expenses, retrieval,
and rehabilitation of OF Ws In distress, as needed;

(d) Basic necessities of OF Ws In emergency situations or in detention;
and

(e) Livelihood training and loans for OFWs who have decided to
return to the Philippines for good.

The Emergency Repatriation Fund created in Republic Act No.
8042, as amended, shall form part of the Overseas Filipinos Assistance

Fund, The Secretary shall issue guidelines, rules and regulations on the

proper management, utilization and disbursement of the Fund, The
Department shall submit a quarterly fund utilization report to the Office
i of the President, copies of which shall be made available toCongress.

CHAPTER VII

APPROPRIATIONS

| SEC. 24. Appropriations. - The amount of One Billion Pesos

(P1,000,000,000.00) for the Initial operation of the Department shall be
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sourced from the Contingent Fund of the President as well as from the
existing funds of the attached offices, bureaus, and agencies. Subsequent
funding requirements shall be Included in the annual General
Appropriations Act. The Department shall include in Its proposed
budget the necessary amount to enable It to achieve its mandate.

CHAPTER VIII
MISCELLANEOUS

SEC. 25. Implementing Rules and Regulations. - The DFA, DOLE,
DBM, POEA, OWWA, CFO, NCRO and the Civil Service Commission
shall, within sixty (60) days after the effectivity of this Act, promulgate
such rules and regulations necessary to implement this Act.

SEC. 26. Implementing Authority of the Secretary. - The Secretary shall
issue such rules, regulations, and other issuances as may be necessary

to ensure the effective implementation of the provisions of this Act.

SEC. 27. Separability Clause. - Any portion or provision of this Act
that is declared unconstitutional shall not have the effect of nullifying
other portions or provisions hereof as long as such remaining portions

can still subsist and be given effect In their entirety.

SEC. 28. Repealing Clause. - All laws, ordinances, rules, regulations,
other issuances or parts thereof, which are inconsistent with this ‘Act,
are hereby repealed or modified accordingly. This Act does not repeal
any benefits already provided and accorded to Overseas Filipinos and
Migrant Workers in other laws, ordinances, rules, regulations and other

issuances.
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SEC. 29. Effectivity. - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or in a newspaper of general

circulation.

Approved.

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