/,
S
© ome. a0

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

SIXTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3070

Introduced by
OFW Family Party-List Representative ROY V. SENERES

EXPLANATORY NOTE

This bill is in furtherance of relevant provisions of the Constitution, the
Family Code, and the Labor Code to wit:

1, Section 12, Article II, of the Constitution states: “The State recognizes
the sanctity of family life and shall protect and strengthen the family as
a basic autonomous social institution. It shall equally protect the life of
the mother and the life of unborn from conception. The natural and
primary right and duty of parents in the rearing of the youth for civic
efficiency and the development of moral character shall receive the
support of the Government.”

2, Section 1, Article XV, of the Constitution provides: “The State
Fecognizes the Filipino family |as the foundation of the nation.
Accordingly, it shall strengthen its solidarity and actively promote its
total development.”

3. Section 3, (2) of the same article which says: “The State shall defend:
(2) The right of children to assistance, including proper care and
Autrition, and special protection from all forms of neglect, abuse,
cruelty, exploitation, and other conditions prejudicial to their
development.”

4. Section 2, (3) Article XIV of the Constitution provides: "The State
shall: (3) Establish and maintain a system of scholarship grants,
student loan programs, subsidies, and other incentives which shall be
available to deserving students |in both public and private schools,
especially to the underprivileged.”

5. Article 149 of the Family Code refers to the family as a “basic social
institution which public policy chefishes and protects.”

6. Section 18, Article II, of the Labor Code states: “The State affirms
labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare.”

In the effort to recognize the valuable contribution of OFWs, lauded as our
modern-day heroes, to the national economy, the proposed bill seeks to establish



an educational scholarship program for the immediate dependents of Overseas
Filipino Workers (OFWs) who died or suffered total and permanent disabilities
while working abroad. As our economic soldiers, they deserved to be treated as

“casualties” of war against poverty.
is most ae

L SENERES

In view of the foregoing, approval of
requested. |



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

SIXTEENTH CONGRESS
First Regulat Session

House er no._ 3070

Introduced by 5
OFW Family Party-List Representative ROY V. SENERES

AN ACT.
ESTABLISHING AN EDUCATIONAL | SCHOLARSHIP PROGRAM FOR
IMMEDIATE DEPENDENTS OF OVERSEAS FILIPINO WORKERS (OFWs)
WHO DIED OR SUFFERRED PERMANENT DISABILITIES WHILE WORKING
ABROAD OR OVERSEAS AND APPROPRIATING FUNDS THERFOR

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

SECTION 1. Short Title. - This Act shall be known and cited as the “OFW
Dependents Educational Scholarship Act of 2013.”

SEC. 2. Coverage. - This Act shall cover immediate dependents of
Overseas Filipino Workers (OFWs), whether documented or undocumented, who
died or suffered total and permanent disabilities while working abroad. The said
immediate dependents are interested and qualified to pursue an educational
Course or training primarily in the field of science and technology.

SEC. 3. Declaration of Policy. - This Act is in furtherance of the State
Policies provisions of the Constitution, to wit:

1. Section 12, Article II, of the Constitution states: “The State recognizes

the sanctity of family life and shall protect and strengthen the family as
a basic autonomous social institution. It shall equally protect the life of
the mother and the life of unborn from conception. The natural and

ry right and duty of parents in the rearing of the youth for civic

efficiency and the development of moral character shall receive the

‘support of the Government.”



2. Section 1, Article XV, of the Constitution provides: “The State
Fecognizes the Filipino family as the foundation of the nation.
Accordingly, it shall strengthen its solidarity and actively promote its
total development.”

3. Section 3, (2) of the same article which says: “The State shall defend:
(2) The right of children to assistance, including proper care and
nutrition, and special protection from all forms of neglect, abuse,
cruelty, exploitation, and other conditions prejudicial to. their
development.”

4. Section 2, (3) Article XIV of the Constitution provides: “The State
shall: (3) Establish and maintain a system of scholarship grants,
student loan programs, subsidies, and other incentives which shall be
available to deserving students in both public and private schools,
especially to the underprivileged,”

5. Article 149 of the Family Code refers to the family as a “basic social
institution which public policy cherishes and protects.”

6. Section 18, Article II, of the Labor Code states: “The State affirms
labor as a primary social economic force. It shall protect the rights of

workers and promote their welfare.”

SEC. 4. Definition of Terms. - A$ used in this Act, the following terms
shall be defined as:

a). “Overseas Filipino Worker (OFW)* shall refer to a person, whether
documented or undocumented, who is to be engaged, is engaged or has been
engaged in a remunerated activity in a state of which he or she is not a citizen, or
on board a vessel navigating the foreign seas other than a government ship used
for military or non-commercial purposes, of on an installation located offshore or

(on the high seas; to be used interchangeably with migrant worker.



b). “Immediate dependent” refers to the legitimate, legitimated or legally
adopted, unmarried and not gainfully employed child of an Overseas Filipino
Worker.

©). “total and permanent disability” if as a result of the injury or sickness

the person is unable to perform any gainful occupation for a continuous period
exceeding 120 days.

4). “Documented Overseas Filipino, Workers (OFW) or Migrant Workers”
refer to those:

1). who possess valid passports and visas or permits to stay in the
host country and whose contracts of employment have been processed by the
POEA; or

2). Registered by the Migrant Workers and Other Overseas

Filipinos Resource Center or by the Embassy.

Those who do not fall under the preceding paragraph are considered
undocumented OFWs or Migrant Workers.

). “Undocumented Filipinos” refer to those:

1).who acquired their | passports through fraud or

misrepresentation;

2). who possess expired visas or permits to stay;

3). who have no travel document whatsoever;

4). who have valid but inappropriate visas;

5).who leave the country to work abroad without any
documentation from the POEA;

6). who initially have papers from the POEA but whose validity
expired.

SEC. 5. Objective. -The paramount objective of this Act is to provide
assistance to immediate dependents of Overseas Filipino Workers who died or

suffered total and permanent disability while working abroad or overseas by



Providing educational scholarship programs as a form of recognition by the State
of the OFWs significant contribution to the national economy.

SEC. 6. Appropriation. - The amount necessary to effectively implement
the provisions of this Act shall be included in the annual General Appropriations
‘Act. However, for the initial budgetary requirements of this Act, the amount of
One Hundred Million Pesos (P100,000,000.00) is hereby appropriated for the
purpose.

SEC. 7. Implementing Rules and Regulations. - The Secretary of the
Department of Labor and Employment (DOLE) is hereby tasked to implement this
‘Act and shall, in coordination with the Department of Education (DepEd), the
Philippine Overseas Employment Administration (POEA), the Overseas Workers
Welfare Administration (OWWA), and other concerned government agencies,
formulate the necessary implementing fules and regulations to effectively
implement the provisions of this Act within ninety (90) days after its effectivity.

SEC. 8. Repealing Clause. - All laws, decrees, executive orders,
issuances, rules and regulations which may be inconsistent with any of the
provisions of this Act, are hereby deemed repealed, amended or modified
accordingly.

SEC. 9. Effectivity. - This Act shall take effect fifteen (15) days after its

ulation.

complete publication in two (2) newspapers of general

Approved,