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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
TWENTIETH CONGRESS
First Regular Session

-
House BiLLNo. 1653

Introduced by REPRESENTATIVE CHEENO MIGUEL D. ALMARIO

EXPLANATORY NOTE

According to the Philippine Statistics Authority (PSA), 10.7 million or 25 percent
of children between ages five to 24 years old are out-of-school. This staggering number
should be a cause for concern for the government.

Achild who is not receiving a formal education is vulnerable to maltreatment, teen
pregnancy, and illegal drug use. The PSA reported that young girls between ages 16-24
were forced to dropout from school due to underage pregnancy.” As for the drug use, the
Dangerous Drugs Board reports that 63.98% of recorded drug users did not finish
colleges

In order to curb the negative effects of being an out-of-school youth, the
government must act and protect this very susceptible sector of the population. The
Magna Carta of out-of-school youth shall serve as the baseline to set the minimum
protection that they shall receive. We are hoping that this shall be the first step to
eradicate discrimination against them and provide them with a lifeline so they can be an
effective partner of nation building and a functioning member of the society.

Hence, the passage of this bill is earnestly sought.

CHEENO ). ALMARIO
Re ive
24 District, Davao Oriental

* Nearly 11 million children, youth not in school — PSA, May 15, 2024.
https://www,philstar.com/headlines/2024/05/15/2355189/nearly-11-million..children-youth-not-schoo!-psa.
? DepEd: High dropout rate due to teenage pregnancy, September 5, 2019.
htps://www,philstar.com/headlines/2019/09/05/1949246/deped-high-drovout-rate-due-teenage-preznancy.
> https://ddb.gov.ph/2023-statistical-analysis/.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
‘TWENTIETH CONGRESS

First Regular Session

House BILLNo, 1653

Introduced by REPRESENTATIVE CHEENO MIGUEL D. ALMARIO

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 the
Congress assembled:

CHAPTERI
GENERAL PROVISIONS

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

SEC. 2. Declaration of Policy. - Article II, Section 11 of the Constitution provides
that the State values the dignity of every human person and guarantees full respect for
human rights. Pursuant to the aforementioned mandate, the State recognizes the rights
of the out-of-school youth (OSY) to social protection and to the development of their full
potential as partners in nation-building.

SEC. 3. Objectives. - The objectives of this Act are as follows:
(a) To recognize, protect, and promote the rights of the OSYs;
(b) To empower and encourage the OSYs to contribute to nation-building;
(c) To give full support to the improvement of the total well-being of the
OSYs by providing learning and employment opportunities as well as the
needed social services and interventions; and
(a) To recognize the important role of the private sector in improving the
welfare of the OSY and to actively seek their partnership.

CHAPTER II
DEFINITION OF TERMS


SEC. 4. Definition of Terms. - As used in this Act:
(a) Alternative Learning System (ALS) refers to a parallel learning system
in the Philippines that provides a practical option to the existing formal
instruction and equivalent pathways to basic education. It includes

both the non-formal and informal sources of knowledge and skills;

(b) Local Social Welfare and Development Officer (LSWDO) refers to the
officer designated as such under the Social Welfare and Development
Offices in the local government unit (LGU);

(©) Out-of-school youth refers toa member of the population aged 15 to 30
years old who is currently out of school, not gainfully employed, and
has not finished secondary or college education;

(d) 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 OSY by promoting livelihood and employment
opportunities, including its major components such as labor market
interventions, social insurance, social welfare, and social safety nets;

(e) Substantive equality refers to the fundamental aspect of human rights
law that is concerned with equitable outcomes and equal opportunities
for the disadvantaged and marginalized groups in society, including
protection against. discrimination, marginalization, unequal
distribution of opportunities, and limited access to goods and services;

(0) Technical-Vocational Education and Training (TVET) refers to the
education or training process designed at post-secondary and lower
tertiary levels, officially recognized as non-degree programs aimed at
preparing technicians, paraprofessionals and other categories of
middle level workers by providing them with a broad range of general
education, theoretical, scientific and technological studies, and related
job skills training; and

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

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

SEC. 5. State as the Primary Duty-Bearer. - The State shall, through the National

Youth Commission (NYC), Commission on Human Rights, and other concerned youth-
serving agencies, be guided by progressive developments on the aspect of human rights
of the OSY under international law and shall endeavor to formulate 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 the OSYs against discrimination of any kind by
private corporations, entities, individuals, and from any institution, public or
private; and

(b) The promotion of substantive equality on the rights of the OSY in all aspects of
growth and development.


SEC. 6. Duties of the State Agencies and Instrumentalities. - The duties of the
State as stated in Section 5 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, and
administrative guidelines that define specific duties of concerned state agencies and
entities.

CHAPTER IV
RIGHTS AND EMPOWERMENT

SEC. 7. Human Rights of Out-of-School Youth. - An OSY shall enjoy, without
discrimination, all rights provided for in the Constitution and those rights recognized
under international instruments duly ratified by the Philippines.

SEC. 8. Protection from Violence. - The State shall ensure that all OSYs shall be
protected from all forms of violence, physical abuse, sexual exploitation, and human
trafficking as provided for under existing laws. The Department of Justice, Department of
Social Welfare and Development (DSWD), and other concerned agencies shall give
priority to the defense and protection of the OSYs and help them in attaining justice and
social equality.

SEC. 9. Equal Treatment Before the Law. - The NYC and other youth serving
agencies shall take active steps to review and, when necessary, submit proposals to
amend or repeal existing laws that are discriminatory to the OSYs, and submit legislative
proposals, as far as practicable, at the start of every Congress.

SEC. 10. Representation of Out-of-School Youth Issues and Concerns in
Media, Film, and Other Platforms. - The NYC and other concerned agencies shall
formulate policies and programs for the advancement of the OSYs in collaboration with
government and non-government organization (NGO) media-related organizations.

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

SEC. 11. Recognition and Preservation of Cultural Identity and Integrity. -
The rights of Moro and indigenous OSYs 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 concerned, protect their rights, indigenous
knowledge system and practices, traditional livelihood, and other cultural
manifestations, recommend legislation and other appropriate measures to promote and
to respect them: Provided, That these cultural systems and practices do not discriminate
against other OSYs who do not belong to the Muslim or Indigenous Peoples.



SEC. 12. Right to Decent Work. - The Department of Labor and Employment
(DOLE) shall, in coordination with TESDA, ensure decent work standards for OSYs 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;

(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;
and

(c) Opportunities for work shall be productive and fairly remunerative as family
living wage, security of tenure in the workplace, and better prospects for
personal development and social integration.

CHAPTER V
GOVERNMENT ASSISTANCE AND SUPPORT

SEC. 13. Government Assistance. - The national government shall, through its
agencies and instrumentalities, provide the following:

(a) Education - The Department of Education (DepEd), TESDA, and the
Commission on Higher Education (CHED) shall, in consultation with NGOs,
institute a program that will ensure access of the OSYs to formal, informal, and
non-formal learning opportunities;

(b) Health - The Department of Health (DOH) shalll, in coordination with LGUs and
NGOs, institute a national health program and provide an integrated health
service for OSYs: Provided, That the DOH shall provide the OSYs and their
families with sexual and reproductive health education and information, as
well as family counseling to curb the number of dropout cases due to early
marriage and pregnancy, marital conflict, and other family problems;

(©) Social Services - The DSWD shall, in cooperation with the LGUs, NGOs, and
other relevant stakeholders, develop and implement programs on social
services for the OSYs, the components of which are:

1. Social Enhancement Services that provide the OSYs with opportunities for
socializing, organizing creative expression, and self-improvement;

2. After Care Services that provide support for the OSYs 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; and

3. Social Case Management that includes a comprehensive, updated list and
detailed profile of all known OSYs in the respective localities for the
purpose of providing age-appropriate social service interventions.

(d) Employment- The DOLE shall, in coordination with other government
agencies suchas the Department of Trade and Industry (DTI) and TESDA,
assess, design, and implement training programs that will provide jobs,
entrepreneurial skills and facilitation, agricultural training, and livelihood
opportunities for the OSYs.



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SEC. 14. Social Protection. - The National Anti-Poverty Commission and
concerned agencies shall institute for the OSYs policies and programs that seek to reduce
poverty and vulnerability to risks by mandating their employers to provide mandatory
life, accident, and health insurance coverage.

CHAPTER VI
EDUCATION

SEC. 15. Technical Vocational Education. - It shall be the duty of the State to
provide technical or vocational education to the OSYs. The course shall be provided and
managed by TESDA subject to its rules and regulations: Provided, That an officer of the
TESDA shall be assigned as a TESDA adviser who shall monitor the progress and
development of the OSYs in the chosen technical vocational course.

SEC. 16. Alternative Learning System. - An ALS of education shall be made
available to OSYs.

For OSYs who are under the care and custody of a home or an institution managed
or accredited by the DSWD, the latter shall coordinate with the DepEd for the provision
of an ALS within its premises.

SEC. 17. Promotion to Formal Tertiary Education. - The LSWDO may
recommend an OSY to be a recipient of a scholarship grant from the CHED under either
Republic Act No. 10931, otherwise known as the “Universal Access to Quality Tertiary
Education Act” or Republic Act No. 10687, otherwise known as the “Unified Student
Financial Assistance System for Tertiary Education (UniFAST)Act.”

An OSY who is a recipient of any CHED scholarship grant shall execute a
scholarship bond, subject to the condition of rendering at least two (2) years of service to
the government upon completion thereof.

SEC. 18. Entrepreneurial Education. - The DTI shall, in coordination with TESDA
and other relevant government agencies, conduct training programs to provide the OSYs
with the knowledge, skills, and motivation to engage in entrepreneurial endeavors in a
variety of settings. These programs shall include small business management, new
approaches to innovation, developing creativity or the introduction of new products or
services to the markets and providing aid to nascent entrepreneurial undertaking to
grow and sustain the business of the OSYs.

Both public and private higher education institutions shall set a minimum number
of admissions of returning OSYs, scholarship grants, and other financial support to OSYs.

SEC. 19. Education Cost and Support. - The DepEd, CHED, and TESDA shall
provide formal, non-formal, informal, technical and vocational education services to the
OSYs free of charge. It shall likewise provide materials, instruments, and tools needed to
carry out and complete said programs.

CHAPTER VII
ESPECIALLY DIFFICULT CIRCUMSTANCES


SEC. 20. Especially Difficult Circumstances. - OSYs who are in especially
difficult circumstances such as those with disabilities, victims of sexual and physical
abuse, illegal recruitment, prostitution, trafficking, armed conflict, OSYs in conflict with
the law, and other difficult circumstances such as pandemic and other public health
emergencies, which have caused functional incapacity in society, shall be 33 provided
with services and interventions as necessary, such as:

(a) Temporary and protective custody;

(b) Medical, dental, and physical therapy services;

(c) Mental health care;

(d) Psychological evaluation;

(e) Counseling;

(6) Psychiatric evaluation;

(g) Legal services;

(h) Productivity capability building;

(i) Livelihood assistance;

G) Financial assistance;

(i) Life skills training; and

() Health education and information.

CHAPTER VIII
ADMINISTRATION AND ENFORCEMENT

SEC. 21. Role of the Advisory Council. - The Advisory Council created under
Section 14 of Republic Act No. 8044, otherwise known as the “Youth in Nation-Building
Act” shall, in addition to its respective mandates, implement the provisions of this Act
which shall include the following duties and functions:

(a) Formulate a National Comprehensive Multi-Stakeholder Plan of Action for the
OSYs which shall include back-to-school transitional support, career pathing,
counseling, mental and reproductive health education and services, skills
training and livelihood assistance;

(b) Coordinate, monitor, and ensure that the relevant agencies of the government
have appropriate yearly work programs for the OSYs in accordance with the
objectives of this Act;

(c) Cause the dissemination of information and engender national public
awareness of the plight of the OSYs in the country through social media,
government media and broadcasting facilities, and other modern channels of
communication;

(d) Review and ascertain existing policies that are discriminatory to the OSYs asa
subsector and recommend to Congress remedial legislative measures and
interventions to eradicate all forms of discrimination to the OSYs; and

(©) Furnish the NYC on a yearly basis a national situationer on OSYs, including the
available programs, services, and interventions available for them.

SEC. 22. Roles and Responsibilities of Concerned Agencies. - The following
agencies shall perform the following duties and responsibilities:


(a) The NYC shall:
1. Establish and maintain an updated database of OSYs at the national and local.
levels;

2. Assess the needs of the OSYs and recommend to concerned agencies the
necessary interventions to address them;

3. Capacitate the Sangguniang Kabataan (SK), Task Force on Youth
Development, and Local Youth Development Council (LYDC) to implement the
provisions of this Act at the local level; and

4. Coordinate with concerned government agencies, private or NGOs, the
necessary programs and projects designed to promote the general welfare,
development, and empowerment of the OSYs as part of the multi-stakeholder
plan of action for the OSYs.

(b) The DepEd, CHED, and TESDA shall:
1. Identify learning opportunities and establish programs for the OSYs such as
returning to formal schooling, enrolling in the ALS, pursuing TVET for those
who are not fully equipped to return to in-school education;
2. Provide materials, instruments, and tools needed by the OSYs; and
3. Monitor the progress of the OSYs.

(©) The LSWDO shall:
1. Conduct social case management and profiling of the OSYs in every city and
municipality for the provision of age-appropriate social service interventions;
2. Draw up alist of available and necessary services which can be provided for
the OSYs;
3. Institutionalize the implementation of LGU-based psycho-social services for
OSYs such as the Unlad Kabataan and Pag-asa Youth Association programs;
4. Maintain and regularly update on an annual basis the list of OSYs and submit
the list to the Office of the Secretary of the DSWD, the NYC, and the Philippine
Statistics Authority;
5. Issue nationally uniform individual identification cards free of charge, which
shall be valid anywhere in the country;
6. Serve as a focal person on the dissemination of general information and
feedback in regard to the needs of the OSYs;
7. Report to the Mayor, any individual, establishment, business entity,
institution, or agency found violating any provision of this Act;
8 Monitor, supervise, and enforce the implementation of information
dissemination through social media, government media, and broadcasting
facilities of the plight of the country’s OSYs; and
9. Coordinate with the Advisory Council to ensure compliance with the
provisions of this Act.

(a) The SK and LYDC shall:
1. Initiate and implement, in coordination with concerned government
agencies, private or NGOs, programs and projects designed to promote the
general welfare, development, and empowerment of the OSYs;

2. Promulgate resolutions, in consultation with the Katipunan ng Kabataan,
necessary to carry out the objectives for the OSYs in the barangay;
3. Assist in the mapping out of the OSYs in every barangay;


4. Conduct programs and activities for the OSYs which are in line with the
Comprehensive Barangay Youth Development Plan and the applicable
provisions of this Act;

5, Partner with other youth-serving agencies and organizations in planning
and executing projects and programs of specific advocacies for the OSYs such
as health and anti-drug abuse, including reproductive health, disaster risk
reduction and resiliency, employment and livelihood, gender sensitivity, and
sports development; and

6. The Panlalawigang Pederasyon ng mga SK shall submit an annual situationer
report on the OSYs of their respective provinces to the NYC.

(e) The LGUs shall:
1. Ensure the database creation and mapping out of OSYs at the municipal, city,
and barangay levels;
2. Mobilize the SK and the LYDCs to assist in the delivery of the necessary
services and interventions for the OSYs under their respective jurisdictions;
3. Provide programs for the OSYs, including back-to-school transition,
enrolment in the ALS or TVET, provision of counseling, and mental and
reproductive health services in the barangay, municipal, and city levels; and
4. Set targets on the number of OSYs to be back in school, enrolled in ALS or
TVET, and availed of the social protection programs:

Provided, That the LGUs shall, through the Community Training and
Employment Coordinators or duly designated LGU personnel, monitor the
progress and development of the OSYs in the chosen technical vocational
course by requiring the technical vocational institutions to submit, among
others, regular enrollment and completion reports of the programs being
implemented.

(6 The Department of Agriculture (DA) through the Philippine Council for
Agriculture and Fisheries shall, in coordination with LGUs and DA, ensure the
inclusion of the OSYs through their organizations to be represented in the
agriculture and fishery councils from the national down to the regional and
local levels to ensure full engagement of OSYs in agricultural development.

SEC. 23. Role of Non-Government Organizations. - NGOs or private volunteer
organizations dedicated to promoting, enhancing, and supporting the welfare of OSYs are
hereby encouraged to become government partners in implementing programs and
projects for the OSYs.

CHAPTER IX
FINAL PROVISIONS

SEC. 24. Punishable Acts and Penalties. - The following acts shall be deemed
violations of this Act with the following corresponding penalties: (1) Discrimination
against OSYs by private corporations, entities, and individuals; (2) Discrimination in
wages, condition of work, and employment opportunities; and (3) Non-compliance with
the mandatory coverage by employers of health, accident, and 30 life insurance.



CeVauawne

(a) For the first violation, imprisonment of not less than six (6) months but not
more than two (2) years and a fine of not less than Fifty thousand pesos
(P50,000.00) but not more than One hundred thousand pesos (P100,000.00);

(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 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 (P50,000.00) but
not more than One hundred thousand pesos (P100,000.00); and

(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.

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

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

SEC. 25. Appropriations. - The amount necessary for the initial implementation
of this Act shall be charged against the current year’s appropriation of the departments
and agencies concerned. Thereafter, such amount shall be included in the annual General
Appropriations Act.

The LGU concerned may set aside funds from any local revenue an amount
deemed appropriate for the implementation of this Act.

SEC. 26. Implementing Rules and Regulations. - The NYC, the members of the
Advisory Council created under Republic Act No. 8044, TESDA, and CHED shall, not later
than thirty (30) days upon the effectivity of this Act, promulgate the necessary rules and
regulations for the effective implementation of this Act: Provided, That failure to
promulgate the rules and regulations shall not prevent the implementation of this Act
upon its effectivity

SEC. 27. Separability Clause. - If any part or provision of this Act is held invalid
or unconstitutional, the other provisions not affected thereby shall remain in full force
and effect.

SEC. 28. Repealing Clause. - All laws, executive orders, issuances, decrees, rules,
and regulations inconsistent with or contrary to the provisions of this Act are deemed
amended, modified or repealed accordingly.

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.