EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Session 
)
SENATE 
S.B. NO.
• ' 
• i . *
•*’. 
* of h!!' S 
‘
*19 
JUL11 
P4:34
r.EC£i7,e::,
Introduced by SENATOR IMEE R. MARCOS
AN ACT CREATING
THE NATIONAL OVERSEAS EMPLOYMENT AUTHORITY, 
AMENDING FOR THIS PURPOSE PRESIDENTIAL DECREE 797 AND 
REPUBLIC ACT 8042 AND OTHER LAWS
EXPLANATORY NOTE
The United Nations, the International Organization for Migration, and other 
States have regularly recognized the Philippines as a model of migration governance, 
especially in terms of protection to rights and welfare of migrants and their families, 
and assistance to Overseas Filipinos in distress. Despite this international acclaim, the 
significant expansion of deployments of overseas Filipino workers has posed significant 
challenges for government to 
effectively, 
efficiently 
and 
economically deliver 
government services to them and their families.
In this regard, this Act aims to reorganize, streamline and upgrade existing 
government agencies on overseas employment, welfare and assistance in order to 
promote collaborative governance with all stakeholders, a data-driven approach, and 
enhanced coordination and elimination of government silos at the ground-level.
Patterned after the NEDA model, there shall be a National Overseas Employment 
Authority (NOEA) composed of a governing board and a secretariat. The establishment 
of the NOEA Board composed of the President and relevant members of the Cabinet 
would ensure a multi-disciplinary and wholistic approach necessary to fully address the 
whole spectrum of issues arising from the migration cycle. Policy discussions, decisions, 
and directions would be elevated and expanded to key government executives for a


"whole-of-government" approach to eliminate silos, facilitate coordination, and unify 
team goals and objectives.
The Philippine Overseas Employment Administration (POEA) shall be reorganized 
and upgraded to form the main core of the NOEA Secretariat, which shall be headed by 
a Director-General with rank of Secretary. It will be recorded that the POEA originated 
from the consolidation of the Overseas Employment Development Board, the National 
Seamen Board, and Bureau of Employment Services (the overseas employment 
functions). Together with OWWA and the welfare fund, it is the primary and largest 
agency of the government, having both the insbtubonal memory and expertise on 
overseas employment regulation.
Instead of entailing the large costs, redundancies and profound service 
disruptions usually required in creating a fullblown, new department in an ever- 
expanding bureaucracy, the prudent course would be to up>grade the POEA to 
department level and merge other related agencies such as the DFA's Commision on 
Filipinos Overseas into the NOEA Secretariat. This would ensure that institutional service 
specializations and proficiencies are preserved. And there will be only minimal 
disruptions to government service and a limited number of new positions required to be 
created.
Most importantly, the establishment of Philippine Overseas Assistance Centers 
(POAC) abroad with professional officers and staff and sufficient resources will provide 
effective legal and other assistance to overseas Filipinos in distress. Further, the 
creation of an Overseas Employment Stakeholders Advisory Council can promote 
collaborative governance with 
participants in the 
migration 
cycle, 
and other 
stakeholders.
The key features of this Act include, the professionalization of government 
personnel based locally or abroad that will ensure that overseas Filipinos, their families, 
and other stakeholders have the necessary experts to serve and assist them. Also, the 
establishment of an Overseas Welfare Assistance Fund will be used to assist Filipinos in 
distress overseas. Further, the affirmation of the One-Country Team Approach and 
promotion of co-location of government personnel abroad will enhance coordination, 
consistency and teamwork. Lastly, this Act provides a system of adjudication and 
arbitration that allows Filipino migrant workers to file complaints at the nearest POAC


abroad and obtain a binding judgment or award that can be enforced in the host 
country or in the Philippines.
The NOEA can be established in a manner that does not abolish, negatively 
affect, or greatly disrupt the existing functions, services, programs and activities of the 
DOLE and DFA on overseas employment, welfare and assistance. Such objectives are 
desirable to preserve the long-standing institutional knowledge, skills and expertise of 
the DFA and DOLE for the benefit of the public.
IMEE R. MARCOS


EIGHTEENTH CONGRESS OF THE) 
REPUBLIC OF THE PHILIPPINES ) 
First Regular Session 
)
S. B. No
SENATE
407
/ ^ o V
THE
lu i
\U) TIME:
m :
Co
BY:
BILLS
Introduced by SENATOR IMEE R. MARCOS
AN ACT CREATING
THE NATIONAL OVERSEAS EMPLOYMENT AUTHORITY, AMENDING 
FOR THIS PURPOSE PRESIDENTIAL DECREE 797 AND REPUBLIC ACT 8042
AND OTHER LAWS
Be it enacted by the Senate and the House o f Representatives o f the Philippines in 
Congress assembled:
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WHEREAS, Article X III, Section 3 of the Constitution provides that the State 
shall afford full protection to labor, local and overseas, organized and unorganized, and 
promote full employment and equality of employment opportunities for all. And the 
State recognizes the contribution of overseas Filipino workers to the national economy.
WHEREAS, it is hereby the policy of the State to promote collaborative 
governance, and to streamline the bureaucracy to ensure economy, efficiency and 
effectiveness in the delivery of public services, including to Filipinos overseas.
WHEREAS, it is prudent to clarify, coordinate, and consolidate all relevant 
government services on overseas employment and welfare under the Executive 
Department to further enhance protection and assistance to overseas Filipino workers 
and their dependents.
Now, therefore.
Section 1. Short Title. This Act shall also be known as the "National Overseas 
Employment Authority Act of 2019".
Section 2. Establishment. There is hereby established a National Overseas


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Employment Authority (NOEA). The NOEA consists of a Board and a Secretariat.
Section 3. Mandate and Mission. The NOEA shall be responsible for 
regulating overseas employment, and assisting overseas Filipino workers and their 
dependents in distress. Its mission is to ensure employment opportunities overseas with 
full protection to labor, human rights and welfare for Filipinos.
Section 4. Com position o f the NOEA Board. The NOEA Board shall be 
composed of:
(1 ) The President as Chairperson
(2) The Secretary of Labor and Employment as Vice Chairperson
(3) The Director-General of the NOEA Secretariat
(4) The Secretary of Foreign Affairs
(5) The Secretary of Social Welfare and Development
(6) The Secretary of Health
(7) The Secretary of Justice
The NOEA Board may invite other Cabinet Secretaries to join its meetings or 
other activities.
The NOEA Board shall formulate its own internal rules, procedures and practices 
for the conduct of its activities.
Section 5. Functions o f the NOEA Board. The NOEA Board shall consolidate, 
control, coordinate, supervise, guide and review implementation of all laws, policies, 
plans and programs on the employment and welfare of Filipinos overseas.
Section 6. Director-General o f the NOEA Secretariat. The 
NOEA 
Secretariat shall be headed by a Director-General. The Director-General shall have the 
rank and title of Secretary of Overseas Employment and Welfare. He/she shall be 
appointed 
by the President, 
subject to confirmation 
by the Commission 
on 
Appointments.
Section 7. Overseas Em ploym ent Stakeholders Advisory Council. There


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is hereby established an Overseas Employment Stakeholders Advisory Council that shall 
perform the following functions;
a. diagnose, analyze and articulate to NOEA the issues affecting Filipinos overseas 
and different stakeholders on overseas employment
b. collaborate with NOEA to identify the needs and the strengths and weaknesses 
of existing policies, laws, regulations, programs, activities, services and support 
systems
c. collaborate with NOEA to formulate pragmatic and inclusive strategies, and 
solutions
The Council shall be composed of the NOEA Board members or their respective 
designated representatives, and 15 civil society and private sector representatives, 
including from land-based overseas Filipino workers, seafarers, women migrants, 
employers, recruiters, ship manning agents, and other relevant stakeholders. The NOEA 
Board shall appoint the civil society and private sector representatives based on a 
selection criteria that ensures proper representation of stakeholders, following a public 
advertisement process seeking applications. Such appointments shall be for a fixed- 
term of 2 years without further extension, renewal or reappointment to another term in 
order to afford opportunity to other qualified individuals to serve in the Council.
The Council shall meet at least once every 3 months, and submit annual reports 
to the President and Congress.
The NOEA Board shall fix and grant compensation, benefits and reimbursements 
for Council members in line with existing civil service, accounting and auditing laws, 
rules and regulations. The NOEA Board shall also formulate internal rules, procedures 
and practices for the conduct of the activities of the Council.
Section 8. Deputy Directors-General. — The Director-General shall nominate 
for the Board's approval the appointment the following officers to assist him:
(1) Deputy Director-General for Land Based Overseas Employment;
(2) Deputy Director-General for Sea Based Employment;
(3) Deputy 
Director-General 
for 
Recruitment, 
Licensing 
and 
Regulatory 
Enforcement;


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(4) Deputy Director-General for Assistance to Migrants in Distress;
(5) Deputy Director-General for Management, Planning, and Reintegration 
Services; and
(6) Deputy Director-General for Legal (General Counsel);
Deputy Director-Generals shall have the rank and title of Undersecretary.
Section 9. Q ualifications o f the Director-General and Deputy Directors- 
General. The Director-General and Deputy Directors-General must be natural-born 
citizens of the Philippines. Also, the Director-General for Recruitment, Licensing and 
Regulatory Enforcement, the Deputy Director-General for Assistance to Migrants in 
Distress, and the Deputy Director-General for Legal must be members of the Philippine 
Bar in good standing with at least 5 years of relevant experience.
Section 10. Functions o f the NOEA Secretariat. In general, the NOEA 
Secretariat shall provide technical and administrative to the NOEA Board. And it shall 
also serve as the NOEA Board's primary policy-recommending, coordinating and 
implementing agency to perform the NOEA's mandate and accomplish its mission.
The Director-General shall have direction, authority, and control over the NOEA 
Secretariat. And all powers and functions of all officers, employees, and organizational 
units of the NOEA Secretariat are vested in the Director-General.
In particular, the Director-General, acting directly or through his Deputy 
Directors-General, shall exercise the following powers and functions:
(1) 
Simplify and expedite the deployment process, from the procurement of 
official documents and the verification of employment contracts;
(2) 
Protect and promote the interest of every Filipino desiring to work overseas 
by securing for him the most equitable terms and conditions of employment, 
and by providing social and welfare services, including legal assistance for 
problems of overseas Filipino workers and their dependents arising from 
employer-employee relationship;
(3) 
Undertake and coordinate all labor, employment and welfare service activities 
for overseas Filipino workers, including liaison with the relevant agencies and


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entities in the host countries;
(4) 
Enforce all social and labor legislation on overseas employment and welfare;
(5) 
Formulate and recommend legislation, policies, plans and programs on 
overseas employment and welfare;
(6) 
Regulate the recruitment and placement of Filipino workers overseas, 
whether land based or onboard ships, to ensure that the rights and welfare of 
Filipino workers are protected in line with existing laws;
(7) 
Prescribe standard employment contracts with minimum terms and conditions 
of employment for recruitment and placement of Filipino workers overseas in 
line with international and Philippine labor standards;
(8) 
Issue or reject applications for license or authority under the Labor Code of 
the Philippines (Presidential Decree No. 442, as amended) for recruitment 
and placement of Filipino workers overseas;
(9) 
Conduct on-site labor inspections and human rights audit of foreign-based 
employers to ensure compliance with labor standards and protection to the 
rights of overseas Filipino workers. And issue or cancel corresponding labor 
standards and human rights compliance certificates for foreign-based 
employers;
(10) 
Deputize any government prosecutor or law enforcement officer, and 
maintain, control and supervise an inter-agency law enforcement and 
prosecution task force against illegal recruitment and trafficking in persons for 
labor exploitation to pursue conviction of offenders and compensation to 
victims;
(11) 
Receive, investigate, hear, and decide sworn complaints of overseas Filipino 
workers or their dependents arising from employer-employee relationship, 
including for claims for money and benefits, or for violation of labor standards 
or employment contracts, against persons or entities engaged in recruitment 
and placement of Filipino workers overseas, whether or not such persons or 
entities are holders of a license or authority, or against foreign-based 
employers or sponsors and their agents or other persons who may be 
solidarily liable;
(12) 
Preventively suspend for a maximum period of 30 days an existing license or 
authority for recruitment and placement of Filipino workers overseas pending 
investigation of an alleged violation of law or rules and regulations on 
overseas employment;


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(13) 
Revoke a license or authority for recruitment and placement of Filipino 
workers overseas after determining by substantial evidence, upon due notice 
and hearing, a violation of law or rules and regulations on overseas 
employment and welfare;
(14) 
Compel the attendance of witnesses, submission of documents, or inspection 
of objects or places in any investigation, case or other legal proceedings 
before the NOEA or its organizational units, and impose penalties for 
contempt, either direct and indirect, in line with the Rules of Court, and 
subject to the provisions of existing laws;
(15) 
Conduct public information campaigns, orientations, seminars and trainings 
on overseas employment and welfare, with emphasis on educating Filipinos 
desiring to work overseas about labor standards, human rights, and the laws, 
practice, and customs of host countries;
(16) 
Issue, enforce, and review rules and regulations to implement this Act and all 
other laws on overseas employment and welfare, and perform the NOEA's 
mandate and accomplish its mission;
(17) 
Make contracts, grants, and cooperative agreements with other government 
agencies, or engage the services of private service providers, as may be 
necessary and proper to carry out the Director-General's responsibilities 
under this Act, or as otherwise provided by law;
(18) 
Maintain and make readily accessible to the public an updated and complete 
information system and database on accredited and blacklisted foreign-based 
employers, sponsors, recruiters, manning agents, and other persons related 
to the recruitment, placement, and employment of overseas Filipino workers;
(19) 
Maintain and make available to other government agencies, with due regard 
to the right to privacy, an information system and database on overseas 
Filipino workers and their dependents, and a registry of overseas employment 
contracts for purposes of facilitating delivery of government assistance to 
those in distress or resolving labor related disputes;
(20) 
Conduct trainings, sponsor scholarships, and undertake other capacity 
building measures on labor laws, human rights, gender sensitivity, social work 
and customer service, and other useful topics to ensure that government 
officials and personnel have adequate skills, knowledge and experience to 
adequately protect the rights and welfare of overseas Rlipino workers and 
their dependents;
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(21) 
Perform such other functions as may be provided by law, or assigned by the 
NOEA Board.
Section 11. A uthority to  delegate functions. Except as otherwise provided 
by this Act, the Director-General may delegate any of his/her functions to any officer, 
employee, or organizational unit of the NOEA Secretariat.
Section 12. Organization o f the NOEA Secretariat. The NOEA Secretariat 
shall have the following organizational units and structure:
(1) Office of the Deputy Director-General for Land-based Overseas Employment
a. Directorate for Migrant Workers Registration and Employment Contracts 
Review
b. Directorate for Migrant Workers Capacity Building
c. Directorate for Promotion of Labor Standards and Human Rights, and 
Overseas Labor Marketing
d. Directorate for Government to Government OFW Placements
e. Directorate for Stakeholders Engagement and Retrospective Review of 
Regulations
(2) Office of the Deputy Director-General for Sea-based Employment
a. Directorate for Seafarers Registration and Contracts Review
b. Directorate for Seafarers Capacity Building
c. Directorate for Seafarers Labor Standards and Human Rights
d. Directorate for Seafarers Employment Marketing
e. Directorate for Stakeholders Engagement and Retrospective Review of 
Regulations
(3) Office of the Deputy Director-General for Recruitment, Licensing and Regulatory 
Enforcement
a. Directorate for Licensing, Authorization and Accreditation
Directorate for Labor Standards Inspections and Human Rights Audit 
Directorate for Complaints, Investigations, and Labor Assistance 
Directorate 
for 
Anti-illegal 
recruitment 
and 
Anti-Labor 
Trafficking 
Prevention, Law Enforcement, Prosecution and Victim Compensation
b.
c.


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e. Directorate for Regulatory Adjudication
(4) Office of the Deputy Director-General for Assistance to Migrants in Distress
a. Philippine Overseas Workers Assistance Centers
b. Coordinating Center for Assistance to Filipino Seafarers in Distress
(5) Office 
of the 
Deputy 
Director-General 
for 
Management, 
Planning, 
and 
Reintegration Services
a. Directorate for Data Collection, Quality Assurance, and Integration
b. Directorate for Planning, Data Analysis, and Research (Institute of 
Migration Policy Studies)
c. Directorate for Migrant Reintegration Services
d. Directorate for IT and Database Infrastructure
e. Directorate for Rscal Services
f. Directorate for Human Resource Management, Capacity Building and 
Personnel Benefits
g. Directorate for Procurement and Assets Management
(6) Office of the Deputy Director-General for Legal (General Counsel)
a. Dirertorate for Legal Advice on Policies, Legislations, Regulations, 
Programs and Activities
b. Directorate for Ethics and Personnel Issues
c. Directorate for Transactions Review, and Litigation
Section 13. Assistant Directors-General. The Director-General shall appoint 
Assistant Directors-General from members of the Career Executive Service, the 
Philippine bar or Foreign Service Officers to head the Directorates in the NOEA 
Secretariat under the control and supervision of the Deputy Directors-General in their 
respective offices. Assistant Directors-General shall have the rank and title of Assistant 
Secretary.
Section 14. Philippine Overseas Assistance Centers. There shall be 
Philippine Overseas Assistance Centers (POAC) abroad, including both the consulate 
and the Philippine Overseas Labor Office (POLO) which shall have the following powers, 
functions, and duties:


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(1) Provide legal assistance to overseas Filipinos and their dependents in distress;
(2) Repatriate to the Philippines Filipinos and their dependents in distress 
overseas;
(3) Provide temporary shelter, basic necessities and other forms of welfare 
assistance to overseas Filipinos and their dependents in distress while 
awaiting repatriation or resolution of their problems;
(4) Repatriate remains of Filipinos, and their remaining properties abroad, 
including insurance proceeds, death or other benefits, to their heirs in the 
Philippines;
(5) Monitor implementation of all overseas employment contracts, conduct on­
site labor inspections and human rights audit of employers in the host 
country or area covered to ensure compliance with labor standards and 
protection to the rights of overseas Rlipino workers; And to issue or cancel 
corresponding labor standards and human rights compliance certificates for 
employers in the host country or area covered;
(6) Provisions of existing laws notwithstanding, to hear, try and decide cases, or 
arbitrate ail matters involving employer-employee relations and contracts, 
including money claims arising out of or by virtue of any law or contracts 
involving overseas Filipino workers in the areas covered including disability or 
death claims arising from or in connection with employment; The decisions or 
arbitral award of the Migration Counsellor shall be final and executory;
(7) Initiate the necessary legal proceedings in the host country for recognition 
and enforcement of labor-related judgments or arbitral awards in behalf of 
the claimant overseas Filipino workers or their dependents;
(8) Maintain and make available to the NOEA Board and other relevant Philippine 
government agencies an updated registry and electronic database of all 
overseas Filipino workers, their employers, sponsors, and recruiters in the 
area of coverage, including all corresponding contracts entered into between 
these parties;
(9) Submit to the NOEA Board and make available to other relevant Philippine 
government agencies regular and updated quarterly reports and policy 
recommendations on the labor laws, regulations and practices in the host 
country, the situation and problems faced by overseas Filipino workers, and 
the activities of the POAC;


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(10) 
Organize cultural, educational, and information activities and events for 
overseas Filipino workers, with emphasis on promoting their labor and human 
rights and rekindling their cultural heritage; and to represent the Philippine 
government at lawful gatherings, cultural activities, and events of overseas 
Filipino worker communities;
(11) 
Engage the services of lawyers, interpreters/translators, doctors and other 
highly skilled professionals duly licensed in the host country, and enter into 
contracts with the private service providers as necessary, or incidental to 
accomplish his functions; And to hire local employees who are citizens of the 
host country as technical or administrative support staff;
(12) 
Upon notice and hearing, suspend or revoke authorities, licenses or 
accreditation for recruitment, placement, deployment and employment of 
overseas Filipino workers for persons, agencies or companies in the host 
country that violate existing laws, rules and regulations on overseas 
employment and welfare, or contractual obligations with any overseas Filipino 
worker; and
(13) 
Issue rules and regulations applicable within their respective area of 
jurisdictions for the implementation of this Act and other related Philippine 
laws.
There is hereby established a Philippine Overseas Assistance Centers (POAC) in 
each of the 26 countries or areas abroad where there are currently Philippine Overseas 
Labor Offices. After 3 years from the effectivity of this Act, the NOEA Board may 
establish, close, or relocate POACs in various countries or areas abroad to promote 
economy, 
efficiency, 
and 
effectiveness 
in 
government 
service, 
and 
maintain 
responsiveness to the needs of overseas Filipinos. The NOEA Board shall periodically 
review the status of POACs, the concentration of Filipinos abroad, and the existence of 
safeguards to human rights, labor standards, safety and welfare of Filipinos in countries 
or areas abroad to determine the necessity for POACs.
All POACs shall be attached and housed at the Philippine Embassy or Consulate- 
General premises in the host country or area to facilitate close coordination and 
promote the One-Country Team approach.
Section 15. Shelters fo r M igrants in Distress. Every POAC shall maintain
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separate shelters for women and children, and for men. Provided, that special 
arrangements shall be made to ensure, as fer as practicable, that families remain 
together.
The shelters shall be housed outside the premises of the Philippine Embassy or 
Consulate-General unless prohibited by the host country. Provided, that special 
arrangements shall be made to accommodate Filipinos in distress who need to be 
housed at the Philippine Embassy or Consulate-General for their urgent protection.
Section 16. M igration Counsellors. The NOEA Director-General shall appoint 
a pool of Migration Counsellors (Senior Officials) who shall serve in his office with the 
designation of Senior Special Assistants. Upon the Director-General's recommendation, 
the NOEA Board may assign a Migration Counsellor to head each POAC at Philippine 
Embassies and Consulate-Generals abroad. As Head of the POAC, the Migration 
Counsellor shall undertake and coordinate all labor, employment, welfare, and 
assistance service activities in the host country or areas covered including liaison with 
the relevant agencies and entities in the host country to protect the rights and interests 
and promote the welfare of overseas Filipinos. The Migration Counsellor shall also 
control and supervise all personnel under the POAC that he/she is heading.
The NOEA Director-General shall also assign a Legal Officer and Deputy Head of 
the POAC from the pool of Migration Counsellors.
A person cannot be assigned or designated as head, deputy head or officer-in- 
charge of the POAC, even in an acting or temporary capacity, unless he/she has the 
qualifications of a Migration Counsellor.
Section 17. Q ualifications o f a M igration Counsellor. A Migration 
Counsellor must be a natural born citizen, physically fit and able to travel and serve 
anywhere in the world, and has proven expertise in labor laws, human rights and 
international labor standards. He/she must also be a member of the Philippine bar, and 
passed either the Career Executive Service Examinations or the Foreign Service Officers 
Examinations, and has at least 5 years relevant experience in overseas employment 
regulation, assistance to overseas Filipino, or litigation and arbitration.
Section 18. Tour o f Duty. A Migration Counsellor shall serve for a maximum of 
6 years at any POAC abroad, after which he/she shall return to the home office, and
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serve under the office of the Director-General for at least 3 years before being eligible 
for redeployment to another POAC.
Section 19. Diplom atic Rank. A Migration Counsellor when assigned abroad 
as Head of the POAC shall have the assimilated rank of Career Minister in the foreign 
service for purposes of protocol. Provided, that a Migration Counsellor shall not serve as 
acting principal officer of any consulate, consulate general or embassy, or precede in 
rank any Foreign Service Officer performing such functions irrespective of their 
respective rank.
Section 20. Officers and S taff o f the POAC. Each POAC shall have the 
following officers:
a. Legal Officer and Deputy Head of POAC
b. Migrants Welfare and Assistance Officer
c. Medical Officer
d. Shelter Manager
e. Public Engagement Officer
f. Foreign Language Officer
g. Database and IT Officer
h. Administrative and Personnel Officer
i. 
Finance and Property Officer
Every POAC shall be staffed with a minimum of 20 technical and administrative 
personnel and local hires.
The Secretary of Foreign Affairs may grant, on a case-by-case basis. Attache and 
Assistant Attache titles and other administrative diplomatic credentials to POAC officers 
and staff as appropriate under existing rules, customs, usage and conditions in the host 
country. The officer o r sta ff w ill lose the title  upon te rm ina tion of assignm ent 
o r position in POAC.
Section 21. Detail o f other governm ent personnel. The NOEA Director- 
General shall request for the detail to the POAC of managerial, professional, highly 
technical and scientific personnel from the DFA, DOLE, DSWD and DOH, subject to 
existing laws and Civil Service Rules and Regulations. Seconded personnel shall receive.
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in addition to their respective compensation packages from their respective original 
offices, the allowances, emoluments and all other benefits to which their POAC positions 
are entitled to.
Section 
22. 
Procurements 
abroad. 
Provisions 
of 
existing 
laws 
notwithstanding, any procurement by a Philippine government agency or official from 
foreign-based providers of goods, services or infrastructure to be used, performed or 
constructed abroad shall be exempt from the coverage and requirements of the 
Government Procurement Reform Act, and related rules and regulations.
Section 23. One Country-Team Approach. The Migration Counsellor, and all 
attach^, officers, employees, and local hires under the POAC shall serve under the 
authority of the Philippine Ambassador, Charge d'Affaires or other principal officer at 
the Embassy having jurisdiction over their country of assignment or work.
Section 24. 
M andatory Binding A rbitration Clause in Overseas 
Employm ent C o n tra ct All employment contracts for overseas Filipino worker must 
contain the following arbitration clause:
"Any dispute arising out of or in connection with this employment 
contract, including any question regarding its existence, validity or termination, 
shall be referred to and finally resolved by arbitration by the Republic of the 
Philippines' Migration Counsellor under its Rules, which Rules are deemed to be 
incorporated by reference into this clause.
The arbitrator shall be the Migration Counsellor at the seat of arbitration.
The seat, or legal place, of arbitration shall be at any Philippine Embassy 
or consular office.
The language to be used in the arbitral proceedings shall be English.
The governing law of the contract shall be the substantive law of the 
Republic of the Philippines."
Section 25. Enforcement o f arbitral awards. The Migration Counsellor shall 
be responsible for enforcement of arbitral awards. For this purpose, the Migration 
Counsellor shall coordinate with authorities of the host country, and if necessary, 
engage services of foreign licensed lawyers to initiate legal proceedings for recognition
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and enforcement of the arbitral award in the host country.
Section 26. 
Overseas W orkers Assistance Fund. There is hereby 
established an Overseas Workers Assistance Fund (OWAF) in the initial amount of 
2,000,000,000.00 Philippine pesos appropriated from the National Treasury and the 
OWWA fund. Additional funding for the maintenance of the OWAF shall be appropriated 
through the annual General Appropriations Acts. In addition, the Overseas Workers' 
Welfare Administration (OWWA) collections may be used to augment the OWAF as 
necessary.
Section 27. Use o f the OWAF. The OWAF shall be used to provide legal and 
welfare assistance to overseas Filipinos and their dependents in distress. The NOEA 
Director-General shall issue rules, regulations, and procedures on the use of the OWAF. 
The NOEA Board shall periodically review those rules and regulations, and may direct 
the NOEA Director-General to amend, modify or revise those rules and regulations to 
ensure that they remain flexible and responsive to the public interest.
Section 28. Approving A uthority fo r disbursem ents o f the OWAF. The
NOEA Director-General, acting through the Deputy Director-General for Assistance to 
Migrants in Distress, shall administer, control and supervise the use of the OWAF. 
Provided, that the Deputy Director-General may sub-allot portions of the OWAF to 
certain POACs abroad as standby fund, and delegate authority to the responsible 
Migration Counsellor to disburse the OWAF without prior authority from the NOEA 
Secretariat home office.
Section 29. M andatory legal proceedings fo r Reim bursem ent o f the
OWAF. The NOEA Secretariat or the POAC shall file appropriate legal proceedings in 
the Philippines or abroad to recover disbursements from the OWAF with claim for 
damages, costs and legal interest against recruiters, employers, or other persons liable 
under law or contract who denied the rights, entitlements, or assistance sought by the 
overseas Filipino and their dependents in distress, and thereby requiring resort to the 
OWAF. Any amounts recovered through these proceedings shall revert directly to the 
OWAF.
Section 30. Regional Offices. The NOEA Secretariat is hereby authorized to
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establish, operate, and 
maintain such 
Regional or Extension Offices in any 
administrative regions of the country, insofar as necessary to improve coordination and 
make the services of the NOEA readily available to the public.
Section 31. Transition, Reorganization, staffing, budget, and transfer o f 
existing governm ent agencies to  the NOEA. The Philippine Overseas Employment 
Administration (POEA) and the Commission on Filipino Overseas (CFO) are hereby 
abolished but will continue to function in holdover capacity for 120 days or thereafter 
until the NOEA Board declares the NOEA Secretariat as fully operational. The budget, 
personnel, and all other assets, and liabilities, whether tangible or intangible, of the 
POEA and CFO shall be transferred to the NOEA Secretariat. The powers and functions 
of the POEA and CFO shall be assumed by the NOEA. The CFO shall be primarily 
reorganized into the NOEA Secretariat's Directorate for Planning, Data Analysis, and 
Research / Institute of Migration Policy Studies.
The Overseas Workers Welfare Administration (OWWA) shall be attached to the 
NOEA for purposes of policy and program coordination. The NOEA Director-General 
shall be included as vice chairperson of the OWWA Board of Trustees.
The Director-General shall submit to the NOEA Board a reorganization plan, 
including staffing pattern, compensation plan, and budget, within 90 days from the 
approval of this Act. The reorganization plan shall be implemented by the Director- 
General upon its approval by the NOEA Board.
Upon the NOEA Board's approval of the reorganization plan, and subject to 
available funds, the NOEA Board or the Director-General shall fill the positions created 
with regular appointments. All civil service regular or permanent employees of the 
abolished agencies shall be absorbed or transferred to similar positions in the NOEA, 
without loss of seniority or rank or decrease in emoluments, provided that they possess 
the necessary qualifications for the new positions. Those who are not reappointed shall 
be deemed separated from the service, and they shall receive the retirement benefits to 
which they may be entitled under existing laws, rules and regulations. Othen/vise, they 
shall be paid within 3 months from their separation the equivalent of 3 months basic 
salary for every year of service or the equivalent nearest fraction thereof favorable to 
them on the basis of the highest salary received.
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All appointments, separations, movements and other personnel actions to be 
done in the implementation of this Act must conform to Republic Act No. 6656 
(Reorganization Law) and relevant civil service rules and regulations.
Employees separated or retired from the abolished agencies shall not be eligible 
for reappointment to or employment in the NOEA whether on a permanent, temporary, 
casual or contractual status within a period of three (3) years after separation or 
retirement.
Section 32. Appropriations. In addition to the collections and other monies 
derived from the new OWAF as well as the OWWA. The following amounts shall be 
included in the General Appropriations Act, the amount of One Billion Philippine Pesos 
(Phpl,000,000,000) the establishment and initial operations of the NOEA Board and 
Secretariat to carry out the purpose of the Act including payment of retirement or 
separation benefits; the amount of One Billion Five Hundred Million Philippine Pesos 
(Phpl,500,000,000) for the establishment and initial operations of the POACs abroad; 
and the amount of One Billion Philippine Pesos (Phpl,000,000,000) for the reintigration 
programs of NOEA for repatrated Filipinos.
These appropriations shall be in addition to whatever applicable appropriations 
may be transferred to it from among the government agencies reorganized, abolished 
or transferred under this Act. The subsequent appropriations for the continued 
operations of the NOEA, POACs and reintegration programs shall be included in the 
annual General Appropriations Acts.
Section 33. Separability Clause. Any portion or provision of this Act that is 
declared unconstitutional shall not have the effect of nullifying other portions or 
provisions hereof as long as such remaining portions can still subsist and be given effect 
in their entirety.
Section 34. Repealing Clause. All laws, ordinances, rules, regulations, other 
issuances or parts thereof, which are inconsistent with this Act, are hereby repealed or 
modified accordingly.
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Section 35. E ffe ctivity. This Act shall take effect immediately upon its
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approval.
Approved,
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