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Republic of the Philippines IF RESET
HOUSE OF REPRESENTATIVES CEIVED

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Quezon City a
EIGHTEENTH CONGRESS th
First Regular Session <r
HOUSE BILL NO. 2409

Introduced by Representative Ferdinand L. Hernandez

AN ACT ESTABLISHING THE DEPARTMENT OF OVERSEAS FILIPINO
WORKERS (DOFW), DEFINING ITS POWERS AND FUNCTIONS,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

EXPLANATORY NOTE

In the latest survey of the Philippines Statistics Authority, the number of Overseas Filipino
Workers (OFWs) who worked abroad during the period of April to September 2018 was
estimated at 2.3 million. Female OFWs comprise 55.8% of this number. The Middle East
remains to be the current top working destination of OFWs— Saudi Arabia (24.3%), United
Arab Emirates (15.7%), Kuwait (5.7%), and Qatar (5.2%). Other countries frequented by
OFWs include Hong Kong (6.3%) and Taiwan (5.5%)

While most Overseas Filipinos work in elementary occupations, sales, service, and trade
industry, more and more professionals and skilled workers such as doctors, nurses,
accountants, IT professionals, engineers, architects, and technicians are moving abroad to
seek better opportunities.

As reported by the Bangko Sentral ng Pilipinas, personal remittances from OFWs reached the
highest annual level to date at $32.2 billion for the entire 2018— a steady 3% annual increase
from the previous years. It accounted for 9.7% of the gross domestic product (GDP) and
8.1% of the gross national income of the aforementioned year.

While these figures definitely helped propel our country’s economy, it cannot be denied that
the working situation of the OFWs are not always favorable. There are countries and
employers who do not acknowledge and implement international labor standards. Moreover,
many of these Filipino workers abroad have experienced various forms of abuse such as
mistreatment from the government or officials, violence, cruelty, and exploitation from their
recruiter or employer, illegal termination of work contract, human trafficking, and other
forms of harassment. There also have been multiple reports of sexual and physical assault
towards female OFWs

Currently, the Department of Foreign Affairs (DFA), the Philippine Overseas Employment
Administration (POEA), and the Overseas Workers Welfare Administration (OWWA) of the


Department of Labor and Employment (DOLE) are working hand in hand to look after the
welfare and interest of OFWs, as well as to respond to their main concerns. However, due to
the increasing number of Filipinos working abroad, there is a need to establish a dedicated
agency that will focus on efficiently and effectively addressing the matters concerning our
modern day heroes

Considering the importance of the OFWs and their hefty contribution to our county, this bill
seeks to establish a department in our government that will solely cater to their needs and
concerns as a sector. Furthermore, the department will also oversee the smooth delivery of
services of all agencies dealing with OFWs, and ultimately ensuring their protection

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


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No.#409

Introduced by Representative Ferdinand L. Hernandez

AN ACT ESTABLISHING THE DEPARTMENT OF OVERSEAS FILIPINO:
WORKERS (DOWF), DEFINING ITS POWERS AND FUNCTIONS,
APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in
Congress assembled

Section 1. Short Title. — This Act shall be known as the “Department of Overseas
Filipino Workers Act of 2019.”

Section 2. Declaration of Policy. —

a) To ensure the protection of the rights of Overseas Filipino Workers (OFWs), promotion of
their welfare, safety, and support;

b) To ensure that the government reaches out and cooperates with other states where there are
OFWs,

c) To develop a database for OFWs to ensure assistance in times of distress;

4d) To establish a strong and effective regulatory system that will ensure only fit Filipinos are
allowed to work outside of the country;

e) To promote the human capital development of OFWs to enable them to better compete in
other countries;

f) To extend deployment and repatriation assistance and support to OF Ws, and
2) To promote the reintegration of returning OFWs.

Section 3. Creation of a Department of Overseas Filipino Workers. — There is
hereby created a Department of Overseas Filipino Workers (DOFW), hereinafter referred to
as the Department, which shall, among others, recommend and implement the government's
policies, plans, and programs for the promotion of, protection, safety, development, support,
deployment and repatriation of OFWs.


Section 4. Mandate. — The Department shall be the primary policy, planning,
coordinating, implementing, regulating and administrative entity of the Government that
protects and provides assistance to OFWs who are holders of Philippine passports.

Section 5. Powers and Functions of the Department. — The Department shall have
the following powers and responsibilities, which shall be exercised by its offices:

a) Formulate and recommend national policies and guidelines and conduct in-depth
studies on all policy aras and options that will ensure protection of OFWs and address
perennial issues OFWs face abroad, in consultation with the 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;

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

4) Build a strong and harmonious partnership with foreign countries and the private
sector to formulate strategies and implement the same;

€) Represent and negotiate for Philippine interest on matters pertaining to OFW
affairs in international bodies,

£) Develop, implement, and improve coordination with other countries with OFW
presence and monitor foreign developments to ensure the most reasonable working
conditions for the OFWs and create a proactive approach in providing assistance to them
especially in times of war and civil unrest, whether potential or apparent,

g) Promote knowledge, information and resource sharing, and develop a database to
assist OFW anywhere in the world;

h) Coordinate and support the generation and build-up of resources or funds for use of
OFWs;

i) Conduct symposia, consultations and seminars on effective OFW related programs
and plans;

j) Assist and provide technical expertise in the troubleshooting of OFWs in distress
and tap the services of personnel, foreign and local, with expertise on the formulation of
strategies and plans concerning OFW activities if needed;

k) Promote, develop, and monitor the continuing education, training and qualification,
availability and deployment of OFWs, and coordinate with concerned agencies in the training
of OFWs to improve their global competitiveness,

1) Coordinate with concerned government agencies in the training and support of
Filipinos who have worked abroad and are returning to the country;


m) Regulate and guide the business activities relative to the deployment of Filipino
workers and other related activities;

1n) Promulgate rules and regulations for the implementation of its policies and related
laws;

0) Administer, accept, hold, and utilize property, both personal and real, subject to
existing laws, for the purpose of assisting or expediting the work of the Department, and,

p) To perform such other functions as maybe needed to achieve its goals and
objectives to the fullest and as may be provided by this Act.

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

Section 7. Secretary of Overseas Filipino Workers. — The Secretary shall be
appointed by the President of the Republic of the Philippines with confirmation of 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 the government;

©) Review and approve request for financial and manpower resources of all operating
offices of the Department;

d) Designate and appoint officers and employees of the Department, excluding the
Undersecretaries and Assistant Secretaries, in accordance with Civil Service laws, rules, and
regulations;

e) Coordinate with other government agencies and public and private interest groups,
including non-government organizations (NGOs) and people’s organizations on Department
policies and intiatives;

f) Undertake consultations with other members of the Cabinet and officers of the
government relating to OFW concerns;

g) Advise the President on the promulgation of executive and administrative orders
and regulatory and legislative proposals on matters pertaining to OFW development;

h) Advise the President of the activities, programs, plans, and all information
necessary or relevant to OFWs;

i) Coordinate all policies and programs relating to OFW affairs,

j) 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
from time to time.

Section 8. Undersecretaries. — The Secretary shall be assisted by three (3)
Undersecretaries who shall be appointed by the President upon recommendation of the
Secretary: Provided, That one (1) of the undersecretaries shall be a career officer coming
from the ranks of existing government labor agencies. The undersecretaries shall aid the
Secretary in the performance of his/her operational duties, and shall perform such other
functions as may be directed by the Secretary.

Section 9. Assistant Secretaries. — The Secretary shall be assisted by three (3)
assistant secretaries who shall be career officers appointed by the President upon the
recommendation of the Secretary.

Section 10. Qualifications. — No person shall be appointed Secretary, Undersecretary
or Assistant Secretary of the Department unless he is a citizen and resident of the Philippines
of good moral character and of proven integrity.

Section 11. Regional Offices. — The Department shall be authorized to establish,
operate, and maintain a Regional Office in each of the administrative regions of the country
as the need arises. The regional office shall be headed by a Regional Director, who may be
assisted by one (1) Assistant Regional Director. 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 technical expertise and know-how and information to OFWs and efficient
services,

©) Coordinate with regional offices of other departments, offices, and agencies and
local government units for the consolidation and integration of OFW programs; and,

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

Section 12. Transfer of Bureaus, Offices and Agencies. — The following bureaus,
offices and agencies are hereby transferred from their respective departments to the
Department of Overseas Filipino Workers

a) Office for the Overseas Fili
Affairs;

ino Workers Affairs of the Department of Foreign

b) Office of the Legal Assistant for Migrant Worker’s Affairs of the Department of
Foreign Affairs;

c) Commission on Filipino Overseas from the Office of the President, and

d) All Philippine Overseas Labor Offices of the Department of Labor and


Employment.

Section 13. Attached Agencies. — The following agencies are hereby attached to the
Department for policy and program coordination, and shall continue to function in
accordance with the charters, laws or orders creating them, in so far as they are not
inconsistent with this Act

a) The PI

pine Overseas Employment Administration (POEA); and
b) Overseas Workers Welfare Administration (OWWA)

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.

Section 14, Sectoral and Industry Task Force — 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 OFWs, academe and private industries directly involved in deployment of OFWs, as well
as other National Government Agencies (NGAs), LGUs, and GOCCs, may be appointed to
these working groups

Section 15. Structure and Staffing Pattern, ~ The Department shall determine its
organization structure and create new divisions or units as it may deem necessary, and shall
appoint officers and employees of the Department in accordance with the Civil Service law,
rules, and regulations

Section 16. Separation from Service. — Employees separated from the service as a
result of this reorganization shall, within ninety (90) days therefrom, receive the retirement
benefits to which they may be entitled under existing laws, rules, and regulations.

Section 17. Special Assistance Revolving Fund. — A Special Assistance Revolving
Fund for OFWs in distress, both documented and undocumented, in the amount of One
Billion Pesos (P1,000,000,000.00) is hereby created. The fund shall be utilized for the
following purposes

a) Repatriation;

b) Medical expenses, hospitalization and purchase of medicine in the form of
vouchers for six (6) months from arrival;

c) Migration fees for overstaying Filipinos;

4) Legal assistance including litigation expenses, legal fees, payment of translation
fees, attendance in court hearings;

e) Payment of blood money, when necessary; and

f) Basic necessities of OFWs caught in emergencies or are detained: Provided, That


thirty percent (30%) of the total fund shall be allotted to support a livelihood training
program or re-training of returning OFWs in new skills and literacy.

Section 18. Appropriation. — The appropriation allotted for the Office of the
Overseas Filipino Workers Affairs, Office of the Legal Assistant for Migrant Worker’s
Affairs, Commission on Filipino Overseas, and all Philippine Overseas Labor Offices shall be
transferred to the Department of Overseas Filipino Workers: Provided, That the amount
needed for the initial implementation of this Act shall be taken from the current fiscal year’s
appropriation of the transferred agencies to the Department of Overseas Filipino Workers.
Thereafter, the amount needed for the operation and maintenance of the Department shall be
included in the General Appropriations Act: Provided, that for the next fiscal year, following
the approval of this Act, the appropriation for the Department shall not be lower than five
billion pesos: Provided further, That | billion pesos (P1,000,000,000.00) of the same
appropriation shall be allotted for the Special Assistance Revolving Fund as stated in Section
17 hereof.

Section 19. Separability Clause. — If any part or provision of this Act is held
unconstitutional or invalid, the other parts or provisions hereof which are not affected thereby
shall continue to be in full force and effect.

Section 20. Repealing Clause. — All laws, orders, rules or regulations which, are
inconsistent with or contrary to the provisions of this Act are hereby amended or repealed
accordingly.

Section 21. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation

Approved,