REPRESS

Coulis

A E-Filed
RECEIVED

DATE August 24, 2022

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

a
m
@
*

19" CONGRESS
First Regular Session

HOUSE BILL NO. 4065

Introduced by. REP. ARJO ATAYDE

AN ACT
PROVIDING FOR THE MAGNA CARTA OF THE OUT-OF-SCHOOL YOUTH

The COVID-19 pandemic affected our country in many ways. One often
overlooked, was the rise of many out-of-school youth (OSY). Because of the
prohibitive nature of online classes, many have opted not to enroll and just stayed at
home. According to the Department of Education (DepEd), the enrollees fell by four
million last school year 2021-2022, falling from 27.7 million to 23 million.*

This year, the DepEd hopes to recover and enroll around 28.6 million. However,
as of 11 August 2022, the enrollment was at 19,263,425.

‘As we try to get more children back to school, the OSY sector also deserves
our attention in terms of establishing policies that would recognize their rights and
mandate the proper government agencies to develop programs specifically targeted
for them.

‘According to a paper released by the USAID, the trend toward OSY correlates
with poverty; more than half of the three million OSY belong to the bottom 30%
‘economically, based on per capita income. So, not only is the lack of opportunity for
COSY a problem that impacts the entire Filipino population, but it also worsens the

* Philippine News Agency. Growing number of out-of-school youth cause of concem’ (7 Feb. 2021).
Retrieved from: https://www.pna.gov.phvarticles/1129909

2 Hemando-Malipot, Merlina. Manila Bulleting. DepEd reaches almost 70% of target enrollment for SY
2022-2023 with 19.26M enrollees. (11 August 2022). Retrieved from:

hittps://mb, com. ph/2022/08/11/deped-reaches-almost-70-of-target-enrollment-for-sy-2022-2023-with-
19-26m-enrollees/


challenges faced by two disadvantaged groups: women and those living at or below
poverty level.

Without intervention, we anticipate the adverse effects that a lack of
employability generally bestows upon any geographic region — rising crime rates,
‘nereasing healthcare costs, and rising costs for other basic necessities for the
Population as a whole. At a macro level, the trend towards more OSY can lead toa
'ack of innovation and growth in the gross domestic product (GDP). We must raise the
caming capacity of households and bring people out of poverty by supporting OSY
with employment opportunities in the form of skills, education, and training for
sustainable jobs.4

This bill mandates all the proper government agencies to establish policies and
Programs that will protect the OSY and ensure that not only opportunities for education
and work are available to them, but also that they are able to avail or take advantage
of said opportunities.

This bill also seeks to help the OSY in extremely disadvantaged situations such
as those in confict with law or those who are victims of abuse and provides them
Necessary protection and assistance by our government

In view of the foregoing, the Passage of this proposed bill is earnestly sought.

REP. /ARJO ATAYDE

DC-Accenture. The Impact of COVID-19 on Opportunities for Out-of-School Youth in the
Philippines (November 2021). Retrieved from: https://opportunity.org.phiwp-contentuploads/USAID-
EDC-Accenture-COVID-19-Impact-OSY-Philippines_v2021-11-08-Final-1 pdf

“This bill was previously filed by Sen. Sonny Angara during the 18" Congress
2


"1
12
13
14
15
16
7

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

19" CONGRESS,
First Regular Session

HOUSE BILL NO. _4065

i

Introduced by. REP. ARJO ATAYDE

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
Congress assembled:

CHAPTER |
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 Policies. - The State values the dignity of every human
Person, guarantees full respect for their human rights, and recognizes the right of out
of-school youth to social protection and development. Towards this end, the State shall
Promulgate measures to achieve the following objectives:

2) Inspire and encourage the out-of-school youth to contribute to nation building;

5) Recognize the rights of the out-of-school youth in the society;

©) Provide an Alternative Learning System and a program for technical/vocational
education for the out-of-school youth;

4) Give full support to the improvement of the total well-being of the out-of-school
youth by providing educational development and employment opportunities;
and


®) Recognize the important role of the private sector in the improvement of the
welfare of the out-of-school youth and actively seek their Partnership

CHAPTER II
DEFINITION OF TERMS
SEC. 3. Definitions. - As used in this Act:

8) Allermative Leaming System refers to a parallel learning system in the
Philippines that provides a practical option to the existing formal instruction. It
includes both the non-formal and informal sources of knowledge and skills;

b) Out-of-schoo! Youth (OSY) refers to members of the population aged 15 to 30
years old who are currently out of school, not gainfully employed, and have not
finished college or a post-secondary course:

c

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 and protecting their livelihood and employment, Protecting against

hazards and sudden loss of income, and improving people's capacity to

manage risk. Its components are labor market programs, social insurance,
social welfare, and social safety nets;

@) Substantive Equality refers to the full and equal enjoyment of rights and
freedoms contemplated under this Act and encompasses de jure and de facto
equality and equality in outcomes;

©) Technica/Vocational Education refers to the education of training process
involving, in addition to general education, the study of technologies and related
Sciences and the acquisition of practical skills relating to occupations in various
Sectors of economic and social life. The term is comprised of formal (organized
Programs as part of the school system), and non-formal (organized classes
outside the school system) approaches; and

) TESDA Graduate refers to a student or trainee who has completed the

requirements set for a Technical Education and Skills Development Authority

(TESDA)-registered and Technical Vocational Education and Training (TVET)

course/program


19
20
21
22

23
24
25
26

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

SEC. 4. The State as the Primary Duty-Bearer. -The State, as the primary duty
bearer, shall be guided by progressive developments in human rights of the OSY
Under international law, and endeavor to design policies, laws, and other regulatory
measures to fulfil these duties. It shall institute programs that will carry out the
Objectives of this Act. It shall promote:

a) The protection of the rights of the OSY against discrimination by private
corporations, entities, and individuals; and

®) The substantive equality in the rights of the OSY in all spheres of growth and
development.

SEC. 5. Duties of State Agencies and Instrumentalities. - The duties of the
State, as stated in Section 4 of this Act, shall extend to all state agencies, offices, and
instrumentalities at all levels and government-owned and controlled corporations,
subject to the Constitution and Pertinent laws, policies, or administrative guidelines
that define specific duties of state agencies and entities concerned.

CHAPTER IV
RIGHTS AND EMPOWERMENT

SEC. 6. Human Rights of Out-of-School Youth. ~ the OSY shall enjoy, without
discrimination, all rights in the Constitution and those rights recognized under
international instruments duly signed and ratified by the Philippines, in consonance
with Philippine law.

SEC. 7. Protection from Violence. -The State shall ensure that all OSY shall be
Protected from all forms of violence, particularly cases of physical abuse, sexual
exploitation, and human trafficking. Agencies of government shall give priority to the
defense and protection of the OSY and help them attain justice and healing,


12
13
14
15
16

7
18
19
20

21

22

23
24

25
26
27
28

SEC. 8. Equal Treatment Before the Law. - The State shall take steps to review

and, when necessary, amend, or repeal existing laws that are discriminatory to the
osy.

SEC. 8. Representation of Out-of-School Youth Issues and Concems in Media
and Film. - The State shall formulate policies and programs for the advancement of
the OSY, in collaboration with government and non-government media related
organizations,

For this purpose, the State shall ensure allocation of space, airtime, and
‘eSources and strengthen the programming, production, and image-making that
appropriately present the OSY's needs, issues, and concems in all forms of media,
‘communication, information dissemination, and advertising

SEC. 10. Recognition and Preservation of Cultural Identity and Integrity. - The
State shall recognize and respect the rights of Moro and indigenous peoples who are
members of the OSY to practice, promote, protect, and preserve their own culture,
traditions, and institutions and to consider their rights in the formulation and
implementation of national policies and programs

To this end, the State shall adopt measures in consultation with the sectors
concerned to protect their rights, their indigenous knowledge systems and practices,
traditional livelihood, and other manifestations of their culture and way of life: Provided,
that these cultural systems and practices are not discriminatory to the OSY

CHAPTER V
GOVERNMENT ASSISTANCE AND SUPPORT

SEC. 11. Government Assistance. - The National Government, through its
agencies and instrumentalities, shall provide the following:

a) Education - The Department of Education (DepEd), TESDA and the
Commission on Higher Education (CHED), in consultation with local
Government units (LGUs) and non-government organizations (NGOs), shall
institute programs that will ensure access to formal and non-formal education;


©CONOHR OKO

saisaetascte

20

21

22
23

24
25

26
27
28
29
30

®) Health - The Department of Health (DOH), in coordination with LGUs and

NGOs, shall institute a national health program and provide an integral health

Service for the OSY in accordance with the provisions under Republic Act No.

11223 or the Universal Health Care Act:

Social Services - The Department of Social Welfare and Development (DSWo),

in cooperation with LGUs and NGOs, and other relevant stakeholders shall

develop and implement programs on social services for the OSY, the
components of which are:
1) Social Enhancement Services which provide the OSY with opportunities
for socializing, creative expression, and self-improvement: and
2) After Care Services for the OSY who are discharged from homes or
institutions of the DSWD and other private institutions duly accredited by
the DSWD, especially those who have problems of reintegration with
their family and community;

@) Employment - The Department of Labor and Employment (DOLE), in
Coordination with other government agencies such as, but not limited to, the
Department of Trade and industry (DTI) and TESDA, shall assess, design, and
implement training programs that will provide skills and welfare or livelinood
support for the OSY.

2

CHAPTER VI
EDUCATION

SEC. 12. Mandatory Technical/Vocational Education. - It shall be the duty of
the State to provide mandatory technical/vocational education for the OSY.

The course shall be provided and/or managed by TESDA in accordance with
its Training Regulations.

SEC. 13. Education Cost and Support. - The technical/vocational education
shall be offered by the State free of charge to the OSY. The State shall likewise provide
materials, instruments, and tools that the OSY may need while enrolled in a
technical/vocational course, as well as sufficient allowance to cover transportation and
other related costs for the duration of their training.


~

18
19

20
a
22

23

24

25
26
27
28
29

SEC. 14. Skills Development Coordinators at the LGUs. - The LGUs, through
‘he Community Training and Employment Coordinators (CTECs) or duly designated
LGU personnel, shall have the responsibilty of monitoring the progress and
development of the OSY in their chosen technical/vocational course by requiring the
‘echnical vocational institutions (TVIs) to submit, among others, regular enrollment and
completion reports of the programs being implemented.

SEC. 15. Promotion to Formal Tertiary Education. - The local Social Welfare
and Development Officer may recommend an OSY to be a recipient of a ‘scholarship
Program from the CHED under either Republic Act No. 10931, also known as, the
Universal Access to Quality Tertiary Education or Republic Act No. 10687, also known
as, the Unified Student Financial ‘System for Tertiary Education Act (UniFAST).

SEC. 16. Entrepreneurial Education. - The DTI, in coordination with TESDA and
other relevant government agencies, shall conduct a training program to provide the
OSY with the knowledge, skills, and motivation that encourage entrepreneurial
Success. The program shall include small business management education and new
@pproaches on how to promote innovation or introduce new products or services to
the markets.

SEC. 17. Altemative Learning System. - The Alternative Learning Mode of
Education shall be made available to the OSY in the barangays.

For the OSY who are in the custody of a home or an institution managed by the
DSWD, the latter shall coordinate with the DepEd for the provision of Alternative
Learning System within its premises

CHAPTER VII
EMPLOYMENT AND ENTREPRENEURIAL FACILITATION

SEC. 18. Employment. - An OSY, who has the capacity and desire to work,
shall be provided employment opportunities. The State shall also make use of the
existing privileges under Republic Act No. 9547 as amended by Republic Act No.
10917 or the Special Program for Employment of Students (SPES) to enable them to

become productive members of the society


Ron

oa

7
18
19

20
2
22

23

24

25
26
27
28

SEC. 19. Entrepreneurial Facilitation. - The State shall establish a
Community-based method of addressing the needs and barriers faced by Osy
entrepreneurs. The objective is to encourage and develop a diverse and robust local
entrepreneurial economy that will lead to more opportunities for the enterprising OSY.

SEC. 20. Right to Decent Work. -The State shall progressively grant and ensure
decent work standards for the OSY who graduated in TVET courses, which shall
include, but not be limited, to the following minimum guarantees:

) Local job generation and employment, as well as other economic opportunities
for TVET graduates, providing strict regulations against their forced and
involuntary displacement;

») Promotion and protection ofthe rights and welfare of migrant TVET graduates
regardless of their work status, protection against discrimination in wages,
Conditions or work, and employment opportunities in host countries: and

©) Opportunities for work shall be productive and remunerative providing a living
wage, security of tenure in the workplace, and better prospects for personal
development and social integration.

SEC. 21. Social Protection. - The State shall endeavor that OSY workers and
TVET graduates acquire a mandatory life, accident, and health insurance coverage to
be provided by their employer.

The State shall institute policies and programs that seek to reduce poverty, as
well as vulnerability to risks of the OSY by protecting them against hazards of sudden
loss of income and improving his/her capacity to manage risks.

CHAPTER VIII
ESPECIALLY DIFFICULT CIRCUMSTANCE

SEC. 22. Especially Difficult Circumstance. - OSY who are in especially difficult
Circumstances such as victims of sexual and physical abuse, illegal recruitment,
Prostitution, trafficking, armed conflict, in conflict with the law, and such other related
Circumstances which may cause their functional incapacity, in the society, shall be


1
2

20

24
22
23
24
25

26
27
28

Provided with services and interventions as necessary, such as, but not limited to, the
following:

a) Temporary protective custody:
») Medical and dental services;

¢)
d)

Psychological evaluation;
Counseling;
Psychiatric evaluation;

f) Legal services;
9) Productivity skill capacity building;
h) Livelihood assistance;

Financial assistance:
i) Life skills training; and
Health education and information.

SEC. 23. inter-agency Support. - The DSWD, Department of Justice (004),
DOH and DepEd, in coordination with the appropriate LGU, shall lead in facilitating
Implementing, monitoring, and planning programs for rehabilitation of the OSY

SEC. 24. Duty of the LGU. - Itis the duty of the LGU, where the OSY resides,
to deliver the services and interventions necessary under their respective jurisdictions.

CHAPTER IX
ADMINISTRATION AND ENFORCEMENT

SEC. 25. Advisory Council. - The Advisory Council created under Republic Act
No, 8044 or the Youth in Nation Building Act shall plan, coordinate, and monitor yearly
work programs in pursuance of the objectives of this Act. It shall also create and
implement a National Comprehensive Multi-Stakeholder Plan of Action for Out-of-
School Youth

The Advisory Council shall also coordinate and ensure that the relevant
agencies of the Government have appropriate programs for the OSY in accordance
with the objectives of this Act.


1
2
3

CONVO «wa

22

23

24
25
26
27
28
29

SEC. 26. Local Social Welfare and Development Officer. - The local Social
Welfare and Development Officer shall assist in the effective implementation of the
Provisions of this Act and shall have the following functions:

9) To draw up a list of available and required services which can be Provided for
the OsY;

) To maintain and regularly update on an annual basis the list of the OSY and to
issue a national uniform individual identification cards, free of charge, which
Shall be valid anywhere in the country;

©) To serve as a general information and liaison center for the needs of the osy;

9) To coordinate with the Advisory Council and ensure its compliance with the

Provisions of this Act;

To report to the Local Chief Executive, any individual, establishment, business

entity, institution, or agency found in violation of any provision of this Act: and

1) To require government institutions, as well as private establishments, to
Prominently display notices that will generate public awareness regarding the
rights and welfare of the OSY.

e)

SEC. 27. Role of Non-Govemment Organizations. - Non-govemment
organizations or Private volunteer organizations dedicated to the promotion,
enhancement, and support of the welfare of the OSY are hereby encouraged to
become partners of government in the implementation of programs and projects
dedicated for them

CHAPTER X
FINAL PROVISIONS

SEC. 28. Implementing Rules and Regulations. - Within ninety (80) days from
the effectivity of this Act, the Advisory Council, DSWD, DOJ, DOLE, DTI, CHED,
DepEd and TESDA shall promulgate the implementing rules and regulations as may
be necessary to ensure the efficient and effective implementation of this Act, in
Consultation with other stakeholders including NGOs or peoples’ organizations for the
OSY duly accredited by the DSWD.


SEC. 29. Appropriations. - The necessary appropriations for the initial
Implementation of this Act shall be appropriated from any available funds from the
National Treasury. Thereafter, any such sums as may be needed for the continued
implementation ofthis Act shall be included in the annual General Appropriations Act
of the respective agencies.

SEC. 30. Separability Clause. - Should any part of this Act be declared
Lnconstitutional, the rest ofthe provisions of this Act not affected shall continue to be
in effect and subsisting.

SEC. 31. Repealing Clause. - The provisions of other laws, decrees, executive
orders, rules, and regulations inconsistent with this Act are hereby repealed, amended,
or modified accordingly.

SEC. 32. Effectivity. - This Act shall take effect fifteen (15) days after its
Publication in the Official Gazette or in at least two (2) national newspapers of general
Circulation.

Approved,