EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
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S E N A T E
20 
FEB 
P7:12
Introduced by Senator Juan Miguel F. Zubiri
AN ACT
CREATING THE DEPARTMENT OF OVERSEAS FILIPINO WORKERS, 
DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS 
THEREFOR, AND FOR OTHER PURPOSES
EXPLANATORY NOTE
The story usually goes like this: a mother from the province goes out to 
search for a well-paying job to be able to support her children. She tries her luck 
in the city, where she is able to earn around 5,000 pesos per month. But then, 
she learns from a friend, who has this friend who is working as a domestic helper 
abroad and is earning as much as 20,000 pesos a month. She thinks to herself, 
"That is almost four times the amount that I am making now." She then looks for 
a recruitment agency and her journey as an Overseas Filipino Worker (OFW) 
begins.
Based on the 2018 Survey on Overseas Filipinos of the Philippine Statistics 
Authority, during the period of April to September of the same year, the number 
of OFWs was estimated at 2.3 million. Saudi Arabia remained to be the top 
destination of OFWs, and among the occupation groups, elementary occupations 
was the biggest at 37.1 percent. This occupation group involves those employed 
as construction site workers, cleaners and domestic helpers. Furthermore, in the 
same period, the total remittance sent by OFWs was estimated at 235.9 billion 
pesos.
Some sources, however, report numbers that reach as high as 10 million 
OFWs or almost 10 percent of the country's population. Remittances also reach a 
total of 31 billion dollars a year, which is about 10 percent of the country's gross 
domestic product.1
Despite their substantial contribution to the country's economy, and their 
sacrifices to be able to provide a better life for their families, our OFWs remain to 
be one of the most underserved sectors in the country. They try to get over 
homesickness everyday, they long for the families that they have left in their 
homes, and, if they get so unlucky, they face physical and psychological abuse in 
the hands of their employers.
1 Almendral, A. (2018, December). Why 10 million Filipinos endure hardship abroad as overseas 
workers. Retrieved from https://www.nationalgeographic.com/magazine/2018/12/filipino- 
workers-return-from-overseas-philippines-celebrates/


Just in the last month, we received yet another sad news about one of our 
OFWs coming home in a casket. Jeanelyn Villavende, an OFW from Kuwait, had 
complained of underpayment and maltreatment months before she was beaten 
to death, allegedly by her employer, in December 2019. In the year 2018, two 
other workers were also allegedly killed by their employers, namely, Joanna 
Demafelis who was found dead inside a freezer in February, and Ma. Constancia 
Dayag who was reportedly found covered in bruises and with a cucumber inside 
her private part in May. They join the long list of OFWs who had faced 
maltreatment and abuse by their employers over the years.
This bill proposes to create a Department of Overseas Filipino Workers, 
which shall serve as the primary policy-making, 
planning, coordinating, 
implementing and administrative entity in the field of overseas labor and 
employment. With the creation of this Department, we are finally giving our 
OFWs the importance that they so deserve by providing them with an agency 
whose main task is to protect the rights and promote the safety and welfare of 
our "new heroes." This bill further aims to provide a more effective and efficient 
delivery of service to our OFWs by streamlining all functions currently being 
served out by various government agencies such as the Overseas Workers 
Welfare Administration and the Philippine Overseas Employment Administration, 
among others.
In view of the foregoing, the passage of this bill is earnestly sought.
IGUEL F. ZUBIRI


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
lift:.9 
^eiuitc
or tl)f tU c T tX irf
S E N A T E
20 FEB-4 P7:l3
RECEIVED BV;
Introduced by Senator Juan Miguel F. Zubiri
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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 House o f Representatives o f the Philippines in 
Congress assembled:
Section 1. Short Title. - This Act shall be known as the "Department o f 
Overseas Filipino Workers (OFW) Act o f2020."
Sec. 2. Declaration of Policy. - It shall be the policy of the State to enhance 
its institutional capacity to deliver public goods and services in a more efficient, 
effective and accountable manner. It shall also be the policy of the State to 
ensure the protection of the rights of our overseas Filipino workers and 
promotion of their welfare and safety. In view of this, the State shall effect the 
necessary and proper changes in the organizational structure of agencies and 
instrumentalities promoting, managing, and protecting the Filipino international 
migrant workers in order to rationalize and promote efficiency and effectiveness 
in the delivery of services to our OFWs.
Sec. 3. Creation of the Department of Overseas Filipino Workers. -  There 
shall be created a Department of Overseas Filipino Workers, hereinafter referred 
to as the Department, which shall be organized structurally and functionally, in 
accordance with the provisions of this Act.
Sec. 4. Mandate. - The Department shall be the primary policy-making, 
planning, coordinating, implementing, and administrative entity of the Executive 
Branch of the government in the field of overseas labor and employment. It shall 
formulate and undertake a systematic program for promoting the welfare of


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OFWs and monitoring their overseas employment, taking into consideration
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domestic manpower requirements and the need to protect their rights to fair and
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equitable employment practices.
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Sec. 5. Powers and Functions of the Department - The Department shall
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have the following powers and functions:
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(a) Formulate and recommend national policies and guidelines and conduct in-
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depth studies on all policy areas and options that will ensure protection of OFWs
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in consultation with relevant stakeholders;
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(b) Assess, review, harmonize and coordinate all OFW-related local policies and
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procedures, and international agreements to ensure overall consistency and
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implementation of national policies;
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(c) Promote, advance and implement general and specific government objectives
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regarding OFW activities, programs, welfare and interests;
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(d) Build a strong and harmonious partnership with foreign countries and the
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private sectors to formulate strategies and implement the same;
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(e) Represent and negotiate for Philippine interest on matters pertaining to OFW
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affairs in international bodies;
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(f) Develop, implement and improve coordination with other countries with OFW
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presence and monitor foreign developments to ensure the most reasonable
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working conditions for the OFWs and create a proactive approach in providing
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assistance to them especially in times of war and civil unrest,whether potential or
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apparent;
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(g) Promote knowledge, information and resource sharing, and develop a
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database to assist OFWs anywhere in the world;
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(h) Assist and provide technical expertise in the troubleshooting of the OFWs in
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distress and tap the services of personnel, foreign and local, with expertise on
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the formulation of strategies and plans concerning OFW activities, if needed;
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(i) Promote, develop and monitor the continuing education, training and
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qualification, availability and deployment of OFWs and coordinate with agencies
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concerned in the training of OFWs to improve their global competitiveness;
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(j) Coordinate with government agencies concerned in the training of and
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support to Filipinos who have worked abroad and are returning to the country;
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(k) Regulate and guide the business activities relative to the deployment of
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Filipino workers and other related activities;


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(I) Promulgate rules and regulations for the implementation of its guidelines,
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policies and related laws;
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(m) Administer, accept, hold and utilize property, both personal and real, subject
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to constraints by existing laws, for the purpose of assisting and expediting the
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work of the Department;
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(n) Provide legal assistance to overseas Filipino workers in distress; and
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(o) To perform such other functions as maybe needed to achieve its goals and
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objectives to the fullest and as may be provided in this Act.
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Sec. 6. Composition. -The Department shall be headed by a Secretary.
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The Department proper shall be composed of the Office of the Secretary, the
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Offices of the Undersecretaries and the Assistant Secretaries.
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Sec. 7. The Secretary. - The Secretary shall be appointed by the
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President, subject to confirmation by the Commission on Appointments. The
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Secretary shall have the following functions:
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(a) Provide executive direction and supervision over the entire operations of the
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Department and its attached agencies,
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(b) Establish policies and standards for the effective, efficient and economical
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operation of the Department, in accordance with the programs of government;
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(c) Review and approve requests for financial and manpower resources of all
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operating offices of the Department;
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(d) Designate and appoint officers and employees of the Department, excluding
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the undersecretaries, assistant secretaries, and regional directors and assistant
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regional directors, in accordance with the civil service laws, rules and
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regulations;
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(e) Exercise disciplinary powers over officers and employees of the Department
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in accordance with law, including their investigation and the designation of a
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committee or officer to conduct such investigation;
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(f) Coordinate with local government units (LGUs), other agencies and public and
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private interest groups, including nongovernment organizations (NGOs) and
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people's organizations (POs) on Department policies and initiatives;
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(g) Prepare and submit to the President through the Department of Budget and
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Management (DBM) an estimate of the necessary expenditures of the
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Department during the next fiscal year, on the basis of the reports and estimates
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submitted by bureaus and offices under him/her;


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(h) Advise the President on the promulgation of executive and administrative 
orders and formulation of regulatory and legislative proposals on matters 
pertaining to the OFWs;
(i) Formulate such rules and regulations and exercise such other powers as may 
be required to implement the objectives of this Act; and
(k) Perform such other tasks as may be provided by law or assigned by the 
President.
Sec. 8. The Undersecretaries. - The Secretary shall be assisted by three 
(3) undersecretaries, who shall be appointed by the President upon the 
recommendation of the Secretary: Provided, That two (2) of the undersecretaries 
shall be career officers.
Sec. 9. Assistant Secretaries. - The Secretary shall be assisted by four (4) 
assistant secretaries who shall be appointed by the President upon the 
recommendation of the Secretary: Provided, That two (2) of the assistant 
secretaries shall be career officers.
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 employment.
Sec. 11. Regional Offices. - The Department may establish, operate, 
and maintain a regional office in the different administrative regions of the 
country as the need arises. Each regional office shall be headed by a Regional 
Director, who may be assisted by one (1) Assistant Regional Director. The 
Regional Director and Assistant Regional Director shall be appointed by the 
President. The regional offices shall have, within their respective administrative 
regions, the following functions:
(a) Implement laws, policies, plans, programs, projects, rules and regulations of 
the Department;
(b) Provide efficient and effective service to the people;
(c) Coordinate with regional offices of other departments, offices, and agencies;


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(d) Coordinate with the LGUs; and
(e) Perform such other functions as may be provided by law or assigned by 
the Secretary.
Sec. 12. 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 academe, NGOs, POs and federation of 
private industries directly engaged in the deployment of OFWs, as well as 
representatives of other National Government Agencies (NGAs), LGUs and 
government owned or controlled corporations (GOCCs) may be appointed to 
these working groups.
Sec. 13. Transfer of Agencies and Personnel. -
(a) The following agencies and their functions are hereby specifically transferred 
to the Department:
(1) Office of the Legal Assistant for Migrant Workers Affairs of the Department of 
Foreign Affairs as provided for under Section 24 of R.A. No. 8042, as amended;
(2) All Philippine Overseas Labor Offices under the Department of Labor and 
Employment (DOLE);
(3) National Reintegration Center for OFWs under DOLE;
(4) International Labor Affairs Bureau under DOLE;
(5) Philippine Overseas Employment Administration; and
(6) Overseas Workers Welfare Administration;
(b) 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.
Sec. 14. Transitory Provisions. - The Department shall carry out the 
reorganization of the aforesaid agencies in such a manner that personnel of the 
agencies absorbed by the Department shall continue to perform their respective 
duties and responsibilities in a holdover capacity so as not to unduly delay the 
services provided to the OFWs.


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Sec. 15. Structure and Staffing Pattern. - Subject to the approval of the
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DBM, the Department shall determine its organizational structure and create new
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divisions or units as it may deem necessary, and shall appoint officers and
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employees of the Department in accordance with the civil service law, rules, and
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regulations.
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Sec. 16. Early Retirement, Separation Pay and Other Benefits. - Personnel
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of the merged agencies who will not be absorbed into the new staffing pattern
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due to redundancy or failure to comply with the standards of competence and
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proficiency, or who will be offered positions under the new staffing pattern but
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who decline such appointment by reason of diminution in rank, benefits and
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work conditions, or who are offered positions under the new staffing pattern
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without any diminution in rank, benefits and work conditions but who decline
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such appointment, if qualified, shall be given the option to avail themselves of
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any 
of 
the 
following, 
whichever 
is 
beneficial 
to 
them:
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(a) Retirement gratuity provided under Republic Act No. 1616 (An Act Further
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Amending Section Twelve of Commonwealth Act Numbered One Hundred Eighty-
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Six, As Amended, By Prescribing Two Other Modes Of Retirement And For Other
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Purposes), as amended, payable by the last employer of the affected personnel,
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plus the refund of retirement premiums payable by the Government Service
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Insurance 
System 
(GSIS), 
without 
the 
incentive 
herein 
provided.
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(b) Retirement benefit under Republic Act No. 660 (An Act To Amend
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Commonwealth Act Numbered One Hundred And Eighty-Six, Entitled "An Act To
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Create And Establish A Government Service Insurance System, To Provide For Its
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Administration, And To Appropriate The Necessary Funds Therefor," And To
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Provide Retirement Insurance And For Other Purposes) or applicable retirement,
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separation or unemployment benefit provided under Republic Act No. 8291 (An
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Act Amending Presidential Decree No. 1146, As Amended, Expanding And
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Increasing The Coverage And Benefits Of The Government Service Insurance
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System, Instituting Reforms Therein And For Other Purposes) if qualified, plus
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the following applicable incentives:
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(b .l.) 1/2 month of the present basic salary for every year of government
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service and a fraction thereof, for those who have rendered twenty (20) years of
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service and below;
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(b.2.) 3/4 month of the present basic salary for every year of government
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service and a fraction thereof, computed starting from the 1st year, for those


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who have rendered twenty-one (21) to less than thirty-one (31) years of service; 
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(b.3.) 1 month of the present basic salary for every year of government 
service and a fraction thereof, computed starting from the 1st year, for those 
who have rendered thirty-one (31) years of service and above.
In addition, the affected personnel shall be entitled to the refund of Pag-IBIG 
contributions, and the commutation of unused vacation and sick leave credits.
Sec. 17. Appropriations. - The amount necessary for the effective 
implementation of the provisions of this Act shall be taken from funds available 
to the agencies enumerated in Section 13 hereof. Additional requirements shall 
be charged to the applicable appropriations under the current General 
Appropriations Act. Thereafter, such sum as may be needed for the continued 
implementation of this Act shall be included in the annual General Appropriations 
Act.
Sec. 18. Implementing Rules and Regulations. - The Department of Labor 
and Employment, Department of Foreign Affairs, Department of Budget and 
Management, Overseas Workers Welfare Administration, Philippine Overseas 
Employment Administration and Commission on Filipino Overseas shall formulate 
the implementing rules and regulations of this Act within ninety (90) days after 
its approval. Such rules and regulations shall take effect fifteen (15) days after 
its publication in a newspaper of general circulation in the Philippines.
Sec. 19. Separability Clause. - If any part, section or provision of this Act 
is declared invalid or unconstitutional, no other parts, sections or provisions 
hereof shall be affected thereby.
Sec. 20. Repealing Clause. — All laws, decrees, ordinances, rules, 
regulations, other issuances or parts thereof which are inconsistent with this Act 
are hereby repealed or modified accordingly.


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Sec. 21. Effectivity Clause. -  This Act shall take effect fifteen (15) days
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after its complete publication in at least two (2) newspapers of general
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circulation or the Official Gazette.
Approved,