Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 4189

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

EXPLANATORY NOTE

Just recently, the nation celebrated the National Heroes Day.
The Philippines celebrates this day in order to celebrate Filipino
heroes who have sacrificed themselves in order to fight for our
freedom and give glory to our country. But outside the history
books, there are also heroes who from day to day, despite the
numerous challenges that come their way, despite being away from
their families and homes, continue to sacrifice in order to provide
for their loved ones and at the same time contributing to the
advancement of the economy of the nation. “Modern-day heroes” —
this is what President Rodrigo Duterte particularly called the OFWs.

OFWs are faced with numerous problems that make working
outside the country difficult. Throughout the years, OFWs have
suffered different kinds of struggles which include, among others,
different forms of abuse from employers, illegal termination of work
contract, illegal recruitment, delayed or unpaid salaries and various
forms of harassment. Although there are agencies that are
mandated to address these kinds of problems, the structure of
these agencies is complicated and at times, the jurisdiction of the
agencies overlap making it confusing for the OFWs and/or their
next of kin to seek for help.


This Bill is intended to provide for a Department of Overseas
Filipino Workers which will address the needs and issues of OFWs
all under one department. Through the passage of this Bill, said
department will be able to ensure the welfare, protection of OFWS
and their access to government services. The Department of
Overseas Filipino Workers is expected to merge and integrate the
services currently being provided by Office of the Legal Assistant for
Migrant Worker’s Affair, the International Labor Affairs Bureau
under DOLE, all Philippine Overseas Labor Offices under DOLE, the
National Reintegration Center for OFWs under DOLE, the Philippine
Overseas Employment Administration; and Overseas Workers
Welfare Administration.

In view of the foregoing, the passage of this Bill is earnestly
sought.

enw
ERIC OLIVAREZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. HOH

—_—_—————————————

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

——————————

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 of Representatives of the
Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known and cited
as the “Department of Overseas Filipino Workers Act."

SECTION 2. Declaration of Policy. - The following are
hereby declared to be the policies of the State:

a) In the pursuit of an independent foreign policy and
while considering national sovereignty, territorial
integrity, national interest and the right to self-
determination paramount in its relations with other
states, the State shall, at all times, uphold the dignity of
its citizens whether in country or overseas, in general,
and Filipino migrant workers, in particular


b) Afford protection to Filipino workers and their families,
promote their interest and safeguard their interests and
welfare;

c) Afford full protection to labor, local and overseas,
organized and unorganized and promote full
employment opportunities for all;

d) Promote and develop overseas employment opportunities

in cooperation with relevant government institutions and

the private sector;

Afford protection to every citizen whether local or

overseas by securing the best possible terms and

conditions of employment;

f) Afford protection to the right of Filipino migrant workers
and all overseas Filipinos to participate in the
democratic decision processes of the state and to be
represented in institutions relevant to overseas
employment;

g) While recognizing the significant contribution of
Overseas Filipino Workers to the national economy
through their foreign exchange remittances, the State
does not promote overseas employment as a means to
sustain economic growth and achieve national
development. The existence of the overseas employment
program rests solely on the assurance that the dignity
and fundamental human rights and freedoms of the
Filipino citizens shall not, at any time, be compromised
or violated. The State, therefore, shall continuously
create local employment opportunities and promote the
equitable distribution of wealth and the benefits of
development;

h) The State affirms the fundamental equality before the
law of women and men and the significant role of women
OFWs. The State shall apply gender sensitive criteria in

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the formulation and implementation of policies and
programs affecting OFWs;

i) The State recognizes non-governmental organizations,
trade unions, workers associations, stakeholders, and
similar legitimate entities as partners of the State in the
protection of OFW and in the promotion of their welfare.
The State shall cooperate with them in a spirit of trust
and mutual respect. The significant contribution of
recruitment and manning agencies shall form part ot
this partnership.

SECTION 3. Definition of Terms. -

a) Act refers to the “Department of Overseas Filipinos Act”;

b) Department shall refer to the Department of Overseas
Filipino Workers;

c) Secretary refers to the Secretary of the Department of
Overseas Filipino Workers;

d) Overseas Filipinos shall refer to migrant workers, other
Filipino nationals, and their dependents abroad,
including Filipinos who are permanent residents abroad;

¢) Overseas Filipino Worker (OFW) or Migrant Worker
refers to a Filipino who is to be engaged, is actually
engaged, or has been engaged in remunerated activity in
a state of which he or she is not a citizen, or on board a
vessel navigating foreign seas other than a government
ship used for military or non-commercial purposes, or on
an installation located offshore or on the high seas;

f) Overseas Filipino Worker in Distress refers to an
Overseas Filipino Worker who has a medical, psycho-
social or legal assistance problem requiring treatment,
hospitalization, counselling, legal representation, or any
kind of intervention with the authorities in the country
where he or she is found;


SECTION 4. Creation. - A Department of Overseas Filipino
Workers (herein after referred to as the Department), is hereby
created to serve as the primary agency under the Executive Branch
designated to create, administer and implement policies including
but not limited to, the national development program for managing
and monitoring the overseas employment of Filipinos and programs
for the protection, safety and support of OFWs.

The Department shall render an annual report to the
President and the Congress of its activities and achievements.

SECTION 6. Exclusive and Original Jurisdiction. - The
Department shall have exclusive and original jurisdiction over all
cases involving employer-employee relations, documented or
undocumented workers arising out of any law or contract involving
Filipino workers for overseas employment.

SECTION 5. Powers and Functions. - The Department shall

have the following powers and functions

a) Formulate, recommend and implement national policies
and guidelines that will ensure the protection of OFWs and
undertake concerns OFWs face abroad in consultation with
relevant stakeholders;

b) Assess, review, harmonize and coordinate all OFW-related
local policies and procedures and international agreements
to ensure overall consistency and implementation of the
national policies;

c) Promote the interests of Filipinos desiring to work overseas
by ensuring them the most equitable terms and conditions
of employment in accordance with applicable and
appropriate local, on-site and international standards;

d) Build a strong and harmonious relationship with foreign
countries and the private sectors to formulate strategies
and implement the same;


e) Promote, advance and implement general and specific
government objectives regarding OFW activities, programs
and welfare and interests;

f) Coordinate with the appropriate government agencies in the

training and support of returning OFWs who have worked

abroad;

Represent and negotiate for Philippine interest on matters

pertaining to OFW affairs in international bodies;

h) Develop programs focused on generation of funds and

resources for the use and benefit of OFWs;

Conduct research and studies, and submit policy

recommendations on migration and development to the

President and to Congress;

j) Create and develop a system of support for the provision of
timely assistance for OFWs in distress and tap the services
of appropriate personnel, as the case may be, on the
formulation of strategies and plans concerning the OFW in
need;

k) Promote knowledge, information and resource sharing, and
develop a database specifically intended to assist OFWs
anywhere in the world;

1) Regulate and guide the business activities relative to the
deployment of Filipino workers and other related activities;
m) Control and supervise the operation of private recruitment
agencies and other relevant entities involved in the
deployment of OFWs taking into account the primacy of
upholding the welfare and protection of OFWs, and with

due consideration to relevant market conditions;

n) Promulgate rules and regulations for the implementation of
its guidelines, policies and related laws;

0) Perform such other functions as may be necessary to
achieve the goals and objectives as provided for by this Act;

8)

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SECTION 6. Composition. - The Department shall be
headed by a Secretary. The Department proper shall be composed
of the Office of the Secretary and the Offices of the Undersecretaries
and the Assistant Secretaries.

SECTION 7. The Secretary of the Department of Overseas
Filipino Workers. - The Secretary shall be appointed by the
President, subject to the confirmation by the Commission on
Appointments. The Secretary shall have the following functions:

a) Provide executive direction and supervision over the
entire operations of the Department and its attached
agencies;

b) Establish policies and standards for the effective, efficient
and economical operation of the Department, in
accordance with the programs of government;

c) Review and approve requests and manpower resources
for all operating offices of the Department;

d) Designate and appoint offices and employees of the
Department, excluding the undersecretaries, assistant
secretaries, and regional and assistant directors, in
accordance with the civil service laws, rules and
regulations;

Exercise disciplinary powers over officers and employees

of the Department in accordance of a committee or officer

to conduct such investigation;

f) Coordinate with other agencies and public and private
interest groups, including non-government organizations
and people’s organizations, on department policies and
initiatives;

g) Prepare and submit to the President through the
Department of Budget and Management (DBM) an
estimate of the necessary expenditure of the Department
during the next fiscal year, on the basis of the reports

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and estimates submitted by bureaus and offices under
the Department;

h) Advise the President on the promulgation of executive
and administrative orders and formulation of necessary
regulatory and legislative proposals on matters
pertaining to OFWs;

i) Formulate such rules and regulations and exercise such
other powers as may be required to implement the
objectives of this Act; and

j) Perform such other tasks as may be provided by law or
assigned by the President.

SECTION 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.

SECTION 9. The Assistant Secretaries. - The Secretary
shall be assisted by three (3) 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: Provided, further, that at least one (1) of the
assistant secretaries shall be a lawyer.

SECTION 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.

SECTION 11. Regional Offices. - The Department shall
establish, operate and maintain a regional office in all
administrative regions of the country. Each regional office shall be


headed by a Regional Director, who may be assisted by one (1)
Assistant Regional Director. The Regional Director and the
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 timely, efficient and effective services to the
people in line with the Department policies and
programs;

c) Coordinate with the local government units;

d) Perform such other functions as may be provided by law
or assigned by the Secretary.

SECTION 13. Sectoral and Industry Task Forces. - The
Department may, if it deems it necessary, create sectoral and
industry task forces, technical working groups, advisory bodies or
committees for the furtherance of its objectives. Additionally, the
Department may appoint private sector representatives to these
working groups.

SECTION 14. Transfer of Agencies and Personnel. - The
following agencies are hereby abolished, and their powers and
functions, applicable funds and appropriations, records,
equipment, property and personnel shall be transferred to the
Department:

a) Office of the Legal Assistant for Migrant Worker’s Affairs;

b) The International Labor Affairs Bureau under DOLE;

c) All Philippine Overseas Labor Offices under DOLE;

d) The National Reintegration Center for OFWs under
DOLE;

e) The Philippine Overseas Employment Administration;
and

f) Overseas Workers Welfare Administration.


SECTION 15. Structure and Staffing Pattern. - The
Department shall determine its organizational structure and may
create new divisions if it deems it necessary. The Department shall
also appoint its officers and employees in accordance with the Civil
Service law, rules and regulations.

SECTION 16. Separation and Retirement from Service. -
Employees who are separated from service within one hundred
eighty (180) days from the effectivity of this Act as a result of this
reorganization shall receive separation benefits as applicable under
applicable laws and issuances.

SECTION 17. Appropriation. - The fund necessary for the
effective implementation of the provisions of this Act shall be taken
from the funds available to the agencies as mentioned in Section 14
hereof. Additional requirements shall be charged to the
appropriations under the current General Appropriations Act.
Thereafter, such sum as may be necessary for the continued
implementation of this Act shall be included in the annual General
Appropriations Act.

SECTION 18. Implementing Rules and Regulations. - The
Department of Foreign Affairs, Department of Labor and
Employment, Department of Budget and Management, and the Civil
Service Commission shall, within sixty (60) days from the effectivity
of this Act, promulgate such rules and regulations necessary to
implement this Act.

SEC. 19. Separability Clause. - If any provision of this Act
is declared unconstitutional or otherwise invalid, the validity of the
other provisions shall not be affected thereby.


SEC. 20. Repealing Clause. - All laws, decrees, orders, rules
and regulations or parts thereof inconsistent with this Act are
hereby repealed or modified accordingly.

SEC. 21. Effectivity. - This Act shall take effect fifteen (15)

days after its publication in the Official Gazette or in a newspaper
of general circulation.

Approved,