Republic of the Philippines
House of Representatives
Quezon City, Metce Manila

EIGHTEENTH CONGRESS
Second Regular Session

House Bill No. 7171

INTRODUCED BY
REP. ALFRED VARGAS

AN ACT
ESTABLISHING AN EDUCATIONAL SCHOLARSHIP PROGRAM FOR
IMMEDIATE DEPENDENTS OF OVERSEAS FILIPINO WORKERS (OFWs),
BOTH SEA-BASED AND LAND-BASED, WHO DIED OR SUFFERED
PERMANENT DISABILITIES WHILE WORKING ABROAD OR OVERSEAS,
AND APPROPRIATING FUNDS THEREFOR

EXPLANATORY NOTE

Overseas Filipino Workers (OFWs) have contributed greatly to nation-
building and economic development in the country. In 2018, the Bangko
Sentral ng Pilipinas have noted that personal remittances was a major driver
of domestic consumption making up 9.7 percent of our gross domestic
product (GDP), and 8.1 percent of our gross national income (GNI).

As a sign of our gratitude, we have called our OFWs our "Modern
Day Heroes". Despite the significant value they bring in to the economy,
they continue to face problems while in the line of duty abroad. In cases
of death or permanent disability, the State should be able to support
their immediate dependents especially with regard to their education.

This bill seeks to establish an educational scholarship program for
immediate dependents of OFWs, both sea-based and land-based, who
died or suffered permanent disabilities while working abroad or overseas.

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

‘RED VARGAS


Republic of the Philippines
House of Representatives
Quezon City, Motes Manila

EIGHTEENTH CONGRESS
Second Regular Session

House Bill-No. 7171

INTRODUCED BY
REP. ALFRED VARGAS

AN ACT
ESTABLISHING AN EDUCATIONAL SCHOLARSHIP PROGRAM FOR
IMMEDIATE DEPENDENTS OF OVERSEAS FILIPINO WORKERS (OF Ws),
BOTH SEA-BASED AND LAND-BASED, WHO DIED OR SUFFERED
PERMANENT DISABILITIES WHILE WORKING ABROAD OR OVERSEAS,
AND APPROPRIATING FUNDS THEREFOR

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 as the “OFW
Dependents Educational Scholarship Act.”

SECTION 2. Declaration of Policy. - This Act is in furtherance of the State
Policies provisions of the Constitution, to wit:

1. Section 12, Article II, of the Constitution state: “The State recognizes
the sanctity of family life and shall protect and strengthen the family
as a basic autonomous social institution. It shall equally protect the
life of the mother and the life of unborn from conception. The natural
and primary right and duty of parents in the rearing of the youth for
civic efficiency and the development of moral character shall receive
the support of the Government.”

2. Section 1, Article XV, of the Constitution provides: “The State
recognizes the Filipino family as the foundation of the nation.
Accordingly, it shall strengthen its solidarity and actively promote its
total development.”


3. Section 3, (2) of the same article which says: “The State shall defend:
(2) The right of children to assistance, including, proper care and
nutrition, and special protection from all forms of neglect, abuse,
cruelty, exploitation, and other conditions prejudicial to their
development.”

4. Section 2, (3) Article XIV of the Constitution provides: “The State shall:
(3) Establish and maintain a system of scholarship grants, student
loan programs, subsidies, and other incentives which shall be
available to deserving students in both public and private schools,
especially to the underprivileged.”

5. Article 149 of the Family Code refers to the family as a “basic social
institution which public policy cherishes and protects.”

6. Section 18, Article Il, of the Labor Code states: “The State affirms
labor as a primary social economic force. It shall protect the rights of
workers and promote their welfare.”

SECTION 3. Definition of Terms. - As used in this Act, the term:

(a) “Overseas Filipino Worker (OFW)” shall refer to a person, whether
documented or undocumented, who is to be engaged, is engaged or
has been engaged in a remunerated activity in a state of which he or
she is not a citizen, or on board a vessel navigating the 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; to
be used interchangeably with migrant worker;

(b) “Immediate dependent” refers to the legitimate, legitimated or legally
adopted, unmarried and not gainfully employed child of an Overseas
Filipino Worker;

(0) “Total and permanent disability” if as a result of the injury or sickness
the person is unable to perform any gainful occupation for a
continuous period exceeding 120 days.

(4) “Documented Overseas Filipino Workers (OFW) or Migrant Workers”
refer to those:


i. who possess valid passports and visas, or permits to stay in
the host country and whose contracts of employment have
been processed by the POEA’ or

ii, registered by the Migrant Workers and Other Overseas
Filipinos Resource Center or by the Embassy.

Those who do not fall under the preceding paragraph are
considered undocumented OFWs or Migrant Workers.

(e) “Undocumented Filipinos” refer to those:

i. who acquired their passports through fraud or

misrepresentation;

who possess expired visas or permits to stay:

iii, who have no travel document whatsoever;

iv. who have valid but inappropriate visas;

v. who leave the country to work abroad without any
documentation from the POEA;

vi. who initially have papers from the POEA but whose validity
expired.

BE

SECTION 4. Coverage. - This Act shall cover immediate dependents of
Overseas Filipino Workers (OFWs), whether documented or undocumented,
who died or suffered total and permanent disabilities while working abroad.
The said immediate dependents are interested and qualified to pursue an
educational course or training primarily in the field of science and
technology.

SECTION 5. Objective. - The paramount objective of this Act is to provide
assistance to immediate dependents or Overseas Filipino Workers who died
or suffered total and permanent disability while working abroad or overseas
by providing educational scholarship programs as a form of recognition by
the State of the OFWs’ significant contribution to the national economy.

SECTION 6. Appropriations. - The amount necessary to effectively
implement the provisions of this Act shall be included in the annual General
Appropriations Act. However, for the initial budgetary requirements of this
‘Act, the amount of One Hundred Million Pesos (P100,000,000.00) is hereby
appropriated for the purpose.

SECTION 7. Implementing Rules and Regulations. - The Secretary of the
Department of Labor and Employment (DOLE) is hereby tasked to
implement this Act and shall, in coordination with the Department
Education (DepEd), the Philippine Overseas Employment Administration


(POFA), the Overseas Workers Welfare Administration (OWWA), and other
concerned government agencies, formulate the necessary implementing
rules and regulations to effectively implement the provisions of this Act
within ninety (90) days after its effectivity.

SECTION 8. Repealing Clause. - All laws, decrees, orders, rules and
regulations, or other issuances or parts thereof inconsistent with the
provisions of this Act are hereby repealed or modified accordingly.

SECTION 9. Separability Clause. - If any portion or provision of this Act is
declared unconstitutional, the remainder of this Act or any provision not
affected thereby shall remain in force and effect.

SECTION 10. Effectivity. — This Act shall take effect after fifteen (15) days
following the completion of its publication either in the Official Gazette or in
two (2) newspapers of general circulation in the Philippines.

Approved,