Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL xo,_8924

Introduced by Rep. Romero Federico “Miro” S. Quimbo

EXPLANATORY NOTE

Official figures from the Philippine Overseas Employment Agency (POEA)
show that there are at least 1.5 million Filipinos currently employed overseas. The
Department of Labor and Employment (DOLE) reports that almost 3,000 Filipinos
leave the country for overseas employment everyday. These numbers are based on
officially documented departures only. 3f the number of undocumented Filipinos
Jeaving the country for overseas employment is included, the number would
significantly increase.

Government and non-government organizations, on the other hand, estimate
that more than 400,000 Filipinos are victims of human trafficking, many of whom are
illegally transported abroad.

Given their situations and physical remoteness from the Philippines, their
families and natural support systems, Filipinos overseas acc highly vulnerable to
abuses, exploitation and a multitude of intense stressors, These pose a challenge to the
State which is constitutionally mandated to serve, protect and ensure the welfare of its
citizens, wherever they may be.

Furthermore, various statutes have also been legislated enumerating specific
services that must be provided to overseas Filipino workers and victims of human
trafficking. Among these statutes are: (1) Republic Act No. 8042, otherwise known as
the "Migrant Workers and Overseas Filipinos Act" requires the establishment of
Migrant Workers and Overseas Filipinos Resource Centers in countries where there
are large concentrations of Filipino migrant workers to provide counseling, legal and
welfare assistance and other services io OFW’s, (2) The Labor Code of the
Philippines requires Labor Attachés and consular officials to provide protection to
Filipino workers on all matters arising out of employment: to ensure that they are not
exploited or discriminated against: and to verify and certify that the tems and
conditions of employment contracts are in accordance with the Labor Code and the
rules and regulations of Overseas Workers Welfare Administration (OWWA); and (3)
Republic Act No. 9208. otherwise known as the “Anti-Trafficking in Persons Act of
2003", has mandated government agencies, specifically the Department of Social


Welfare and Development (DSWD) to establish and implement rehabilitative and
protective programs for victims of such trafficki

tn 2004, the Office of the President issued Executive Order No. 287
establishing and providing the guidelines for the posting of Social Welfare Attachés in
areas where there are large concentration of overseas Filipino workers.

Given the significant role that Social Welfare Atiachés currently play in
assisting overseas Filipinos and the growing number of Filipinos overseas requiring
psychological and social welfare assistance. there is a need to institutionalize by
statute Social Welfare Attachés as permanent components of Philippine foreign posts
in countries or jurisdictions where large number of Filipinos are employed or there are
high number of cases of Filipinos being trafficked.

This bill institutionalizes the position of Social Welfare Attachés and provides
the qualifications and attributes that they must possess. This bill also provides the
specific responsibilities of the different departments and agencies in ensuring the
effective and efficient functioning of Social Welfare Attachés.

This bill is but a small measure to ensure that the State fulfills its sacred
mandate to serve, protect and ensure the welfare of its citizens, wherever they may be.

The immediate passage of this bill is of great importance.

REP. ROMERG FEDERIGO “MIRO” S. QUIMBO
2nd District Marikina City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

892d
HOUSE BILL NO.

Introduced by Rep. Romero Federico “Miro” S. Quimbo.

AN ACT ESTABLISHING SOCIAL WELFARE ATTACHES
AND FOR OTHER PURPOSES

SECTION 1. Short Title, This Act shall be known as the Social Welfare
Attaché Act of 2010.

SECTION 2. Declaration of Polices.

a) It is the policy of the State to ensure the dignity and welfare of all its
citizens and afford full protection to Filipino labor, wherever they may be
located.

b) The State recognizes the invaluable contribution of overseas Filipino
workers to the Philippine economy and their critical role in the pursuit of
national development.

¢)

Overseas Filipino workers, by the ‘nature of their work and remoteness
from the Philippines and their families and support systems, are vulnerable
not only to abuse and exploitation but to extreme physical, emotional and
psychological stress as well, thus requiring the State to ensure that
adequate measures are taken to address these vulnerabilities.

d)

It is the obligation of the State to ensure that it is capable of delivering the
social welfare services mandated by existing laws and statutes to be
provided to overseas Filipino workers, other overseas Filipinos and victims
of human trafficking.

SECTION 3. Definition of Terms.

a) Social Welfare Attachés (SWA) — personnel of the Department of Social
Welfare and Development posted in Philippine consular offices, or similar
offices, and selected in accordance with this Act and its implementing
rules and regulations to provide and coordinate social welfare services to

ino workers, their families and victims of human trafficking.



b) Country or jurisdiction of posting — the area covered by the jurisdiction of
the consular office, or similar office, to which a social welfare attaché is
posted.

¢) Operational knowledge — such competence, skill and understanding that
ensures effective and efficient performance of mandated tasks.

SECTION 4, Selection of Diplomatic Posts for Social Welfare Attaché
Deployment. Social Welfare Attaches shall be deployed in consular offices whos
areas of jurisdiction have the highest concentration of Overseas Filipino Workers
(OFWs) and/or the highest and most recurring incidence of human trafficking
involving Filipinos as may be determined by the Department of Foreign Affairs,
Department of Labor and Employment, Philippine Overseas Employment Agency,
Inter-Agency Council Against Trafficking and the Department of Social Welfare and
Development.

SECTION 5. Functions and Duties of the Social Welfare Attaché. The
Social Welfare Attaché so deployed shall perform the following functions and duties
at post:

5.1. Undertake surveys and prepare official social welfare situationers on
OFWs and trafficking victims in the country or jurisdiction of posting:

5.2. Establish a network with overseas-based social welfare agencies and/or
individuals and groups which may be mobilized to assist in the provision of
appropriate social services, which shall include but not limited to counseling
and advising;

5.3 Respond to and monitor the resolution of problems and complaints/queries
of OFWs and their families and trafficking victims;

5.4 Provide primary counseling and advising services to OFWs and their
families and trafficking victims;

5.5 Establish and maintain a system of data banking and documentation of
OFWs and their families and trafficking victims in the area of assignment so
that appropriate social welfare services can be more effectively provided:

5.6 Submit regular reports to the DSWD, DFA and IACAT on plans and
activities undertaken, recommendations, and updates on the situation of
OFWs, particularly those encountering difficulties in the host country, and
Filipinos who are victims of trafficking within their area of responsibility. Said
report shall form part of the Semi-Annual report to Congress as provided
under Section 33 of R.A. No. 8042 and Section 27 of R.A. No. 9208;

5.7 Provide information about DSWD and its attached agencies and services:
and


5.8 Perform other related functions in the delivery of social services, as may
be directed by the Head of the Diplomatic Post in the area of assignment

SECTION 6. Minimum Qualifications and Attributes of Social Welfare
Aitaches. Social welfare attaches are required to possess the following qualifications
and attributes, in addition to whatever requirements the DSWD might impose in the
implementing rules and regulations of this Act

a. At least three (3) years of actual experience in counseling and advising;
b. Basic training on handling psychological and emotional trauma and stress;

¢. Basic knowledge and literacy of the major language used in the country or
jurisdiction of posting as certified by the Department of Foreign Affairs;

d. Operational knowledge on the cultural and social systems of the country or
jurisdiction of posting as certified by the Department of Foreign Affairs;

¢. Operational knowledge on overseas employment laws, rules, regulations
and welfare systems as certified by the Department of Labor and
Employment through the Philippine Overseas Employment Agency;

£ Operational knowledge on  anti-trafficking programs, laws, rules,
regulations and systems as certified by the Inter-Agency Council Against
Trafficking; and

8 Substantial proof of manifested patience, understanding and capacity to
empathize with emotionally troubled or distressed persons.

SECTION 7. Institutional Arrangements. The DSWD, DFA, DOLE, POEA
and IACAT are mandated to perform the following tasks/functions in the
implementation of this Act

7.1 Department of Social Welfare and Development (DSWD)

7.1.1 Serve as the agency with the primary responsibility of ensuring
the implementation of this Act;

7.1.2 Formulate and issue the implementing rules and regulations for
this Act, in consultation with the DFA, DOLE, POEA and IACAT.

7.1.3 Designate and assign from among its ranks, the most qualified
personnel to be deployed as Social Welfare Attachés;

7.1.4 Provide for the salary and other benefits of Social Welfare
Attachés including overseas allowances and other emoluments
attached to the position;


7.1.5 Provide training and other related activities to promote efficiency
and effectiveness in the discharge of functions and duties prior to
deployment;

7.1.6 Exercise technical supervision over its deployed personnel in
coordination with the DFA, DOLE, IACAT and other relevant
agencies and organizations; and

7.7 Tap and allocate funds for the supervision of basic welfare
services needed by the OFWs.

7.2 Department of Foreign Affairs (DFA)
7.2.1 Facilitate accreditation of deployed DSWD personnel;

7.2.2 Formulate and administer tests to determine and certify the
SWASs’ basic knowledge and literacy of the major language used in
their respective countries or jurisdictions of posting and operational
knowledge and familiarity of the cultural and social systems of such
country or jurisdiction;

7.2.3. Assist the DSWD in the conduct of the pre-deployment
orientation and other relevant training program to SWAs;

7.24 Assist the DSWD in facilitating administrative and consular
requisites for deployment;

7.2.5 Provide logistical and operational support to Social Welfare
Attaches, including but not limited to appropriate office space and
supplemental operational funds; and

7.2.6 Undertake administrative and operational supervision to the
deployed personnel in coordination with DSWD and other relevant
agencies and organizations

7.3 Department of Labor and Employment (DOLE)

7.3.1 Work with the DSWD in the provision of relevant skills training
to SWAs to facilitate complementation of services;

7.3.2 Assist the DSWD in the conduct of orientation training and
immersion program for Social Welfare Attaches prior to deployment;
and

7.3.3 Provide assistance, support and information requested or needed
by Social Welfare Attaches in relation to the performance of their
functions.

7.4 Philippine Overseas Employment Agency (POEA)


7.4.1 Work with the DSWD in the provision of relevant skills training
to SWAs to facilitate complementation of services;

7.42 Formulate and administer tests to determine and certify
operational knowledge on overseas employment laws, rules,
regulations and welfare systems of Social Welfare Attaches; and

7.43 Assist the DSWD in the conduct of orientation training and
immersion programs for Social Welfare Attaches prior to deployment:
and

7.44 Provide assistance, support and information requested or needed
by Social Welfare Attaches in relation to the performance of their
functions.

75 Inter-Agency Council Against Trafficking ([ACAT)

7.5.1 Work with the DSWD in the provision of relevant skills training
and other welfare services to the OFWs to facilitate complementation
of services;

7.52 Formulate and administer tests to determine and certify
operational knowledge on anti-trafficking programs, laws, rules,
regulations and systems of Social Welfare Attaches: and

7.53 Provide assistance, support and information to SWAs in cases
involving human trafficking.

SECTION 8. Funding. The heads of the departments and agencies concerned
shall utilize all resources used in the implementation of Executive Order No. 287 of
2004 for the initial implementation of this program. They shall immediately include
their responsibilities under this Act in their respective work programs and issue such
internal guidelines as appropriate to implement the same. Funding for all programs
and activities mandated under this Act shall be included in the concerned agencies’
annual General Appropriations Act

SECTION 9. Implementing Rules. The DSWD, in consultation with
Department of Foreign Affairs, Department of Labor and Employment, Philippine
Overseas Employment Agency, and the Inter-Agency Council Against Trafficking,
shall formulate and issue the implementing rules and regulations for this Act not later
than thirty (30) days after the effectivity of this Act.

SECTION 10. Interpretation in favor of the welfare of overseas Filipino
workers, their families and trafficking victims. In the interpretation of any provision
Of this Act or any rules or regulations issued as a result thereof, the interpretation
which is most favorable to ensure the welfare of overseas Filipino workers, their
families and trafficking victims shall be controlling. Furthermore, nothing in this Act
shall be interpreted to diminish any right or privilege currently being enjoyed by or
provided to OFWs, their families and victims of trafficking



SECTION 11. Repealing Clause. All laws, decrees, executive orders, rules,
regulations or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SECTION 12. Separability Clause. \f, for any reason, any section or
provision of this bill is declared unconstitutional or invalid, other sections or
provisions hereof shall remain in force.

SECTION 13. Effectivity. This Act shall take effect fifteen days after
publication in a newspaper of general circulation or in the Official Gazette