Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Twentieth Congress
First Regular Session

HOUSE BILL NO. 4364

Introduced by Representative RAY!

ADRIAN SALCEDA

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

EXPLANATORY NOTE

Article II, Section 11 of the 1987 Constitution declares that “the State values the dignity
of every human person and guarantees full respect for human rights.” Article XIV further
mandates the State to “protect and promote the right of all citizens to quality education at all
levels, and take appropriate steps to make such education accessible to all.”

Despite these constitutional guarantees, millions of Filipino youth remain outside the
formal school system. According to government data, out-of-school youth (OSY) are among
the most vulnerable sectors in society—often facing poverty, unemployment, early marriage
and pregnancy, conflict with the law, and exposure to abuse, trafficking, and exploitation. Their
marginalization deprives the nation of a vital force for economic growth, civic participation,
and nation-building.

This bill seeks to establish a Magna Carta of the Out-of-School Youth to
comprehensively address the rights, needs, and development of OSYs. It provides a framework
for recognizing OSYs as rights-holders entitled to protection, empowerment, and access to
education, decent work, social services, and opportunities for productive engagement in
society.

The measure sets out the following:

1. Recognition of Rights and Substantive Equality - OSYs are guaranteed human rights

without discrimination and with due regard for their cultural identity, protection from
violence, and equal treatment before the law.

2. Access to Education and Skills Development ~ OSYs are given opportunities to enroll
in the Alternative Learning System (ALS), technical-vocational education and training
(TVET), tertiary scholarships, and entrepreneurial education programs.


3. Government Assistance and Social Protection — National agencies are mandated to
provide OSYs with education, health, social services, and employment programs, while
ensuring access to insurance and other safety nets.

4, Special Protection for OSYs in Difficult Circumstances — Targeted services are
provided to OSYs with disabilities, victims of abuse, trafficking, armed conflict, and
other vulnerable situations.

5, Institutional Mechanisms and Enforcement — The National Youth Commission (NYC),
local social welfare officers, LGUs, Sangguniang Kabataan, and other stakeholders are
tasked with implementing this Act through coordinated programs, databases, and
monitoring.

6. Partnerships with Private Sector and Civil Society - NGOs and private volunteer groups
are encouraged to partner with government in delivering programs and services for
OSs.

By enacting this Magna Carta, the State affirms that out-of-school youth are not a lost
generation but a sector deserving of recognition, investment, and empowerment. They are
potential leaders, workers, entrepreneurs, and change agents whose development will redound
to the benefit of families, communities, and the nation.

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

RAYMO! .N SALCEDA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Twentieth Congress
First Regular Session

HOUSE BILLNO. 4364

Introduced by Representative RAYMOND ADRIAN SALCEDA

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:

SECTION 1. Short Title. This Act shall be known as the “Magna Carta of the Out-of-
School Youth.”

SEC. 2. Declaration of Policy. Article II, Section 11 of the Constitution provides that
the State values the dignity of every human person and guarantees full respect for human rights.
Pursuant to this, the State recognizes the rights of out-of-school youth (OSY) to social
protection and to develop their full potential as partners in nation-building.

SEC. 3. Objectives. The objectives of this Act are to:

(a) Recognize, protect, and promote the rights of OSYs;

(b) Empower and encourage OSYs to contribute to nation-building;

(c) Give full support to the improvement of the total well-being of OSYs by providing
learning and employment opportunities as well as the needed social services and

interventions; and

(d) Recognize the important role of the private sector in improving the welfare of OSYs
and to actively seek their partnership.

SEC. 4. Definition of Terms. For purposes of this Act:

(a) Altemative Learning System (ALS) refers to a parallel learning system in the
Philippines that provides a practical option to formal instruction and equivalent
pathways to basic education. It includes both non-formal and informal sources of
knowledge and skills;


(b) Local Social Welfare and Development Officer (LSWDO) refers to the officer
designated as such under the Social Welfare and Development Offices in the local
government unit (LGU);

(c) Out-of-school youth refers to a member of the population aged fifteen (15) to thirty
(30) years old who is currently out of school, not gainfully employed, and has not
finished secondary or college education;

(@) Social protection refers to policies and programs that seek to reduce poverty and
vulnerability to risks and enhance the social status and rights of OSYs by promoting
livelihood and employment opportunities. Its components include labor market
interventions, social insurance, social welfare, and social safety nets;

(e) Substantive equality refers to the fundamental aspect of human rights law concemed
with equitable outcomes and equal opportunities for disadvantaged and marginalized
groups in society, including protection against discrimination, marginalization, unequal
distribution of opportunities, and limited access to goods and services;

(f) Technical-Vocational Education and Training (TVET) refers to education or training
designed at post-secondary and lower tertiary levels, officially recognized as non-
degree programs that prepare technicians and middle-level workers by providing
education, scientific and technological studies, and job skills training; and

(g) TVET graduate refers to a student or trainee who has completed the requirements
for a Technical Education and Skills Development Authority (TESDA)-registered
TVET course or program.

SEC. 5. State as the Primary Duty-Bearer. The State, through the National Youth
Commission (NYC), the Commission on Human Rights, and other concerned youth-serving
agencies, shall be guided by developments on the human rights of OSYs under international
law and shall formulate policies, laws, and regulatory measures to fulfill these duties. It shall
institute programs to carry out the objectives of this Act, promote protection of OSYs from
discrimination, and advance substantive equality in all aspects of growth and development.

SEC. 6. Duties of State Agencies and Instrumentalities. The duties of the State as
provided under Section 5 shall extend to all state agencies, offices, and instrumentalities at all
levels of government, including government-owned and controlled corporations.

SEC. 7. Human Rights of Out-of-School Youth, An OSY shall enjoy, without
discrimination, all rights provided for in the Constitution and those recognized under
international instruments duly ratified by the Philippines.

SEC. 8. Protection from Violence. The State shall ensure that all OSYs are protected
from all forms of violence, physical abuse, sexual exploitation, and human trafficking. The
Department of Justice (DOJ), the Department of Social Welfare and Development (DSWD),
and other concemed agencies shall give priority to the defense and protection of OSYs and
help them attain justice and social equality.



SEC. 9. Equal Treatment Before the Law. The NYC and other youth-serving agencies
shall review and, when necessary, propose amendments to or repeal of laws that are
discriminatory to OSYs.

SEC. 10. Representation in Media and Other Platforms. The NYC and other concerned
agencies shall formulate policies and programs for the advancement of OSYs in collaboration
with media-related organizations. The State shall ensure allocation of resources for the
production, dissemination, and airing of information materials on the rights and services
available to OSYs.

SEC. 11. Recognition of Cultural Identity, The rights of Moro and indigenous OSYs to
practice, promote, protect, and preserve their own culture, traditions, and institutions shall be
upheld. The National Commission on Muslim Filipinos and the National Commission on
Indigenous Peoples shall, in consultation with the sectors concerned, protect these rights and
recommend legislation.

SEC. 12. Right to Decent Work. The Department of Labor and Employment (DOLE),
in coordination with TESDA, shall ensure decent work standards for OSYs who have graduated
from TVET courses, including local job generation, protection of migrant TVET graduates,
and opportunities for productive and remunerative work with security of tenure.

SEC. 13. Government Assistance. The national government, through its agencies, shall
provide the following:

(a) Education - The DepEd, TESDA, and the Commission on Higher Education
(CHED) shall institute a program to ensure OSYs have access to formal, informal, and
non-formal learning opportunities;

(b) Health - The Department of Health (DOH), in coordination with LGUs and NGOs,
shall institute a national health program and provide integrated health services for
OSYs, including sexual and reproductive health education;

(c) Social Services - The DSWD shall develop and implement social services
programs, including enhancement services, after-care services, and social case
‘management, with a comprehensive list and profile of all OSYs; and

(d) Employment ~ The DOLE, in coordination with the Department of Trade and
Industry (DTI) and TESDA, shall design and implement training programs to provide
jobs, entrepreneurial skills, and livelihood opportunities for OSYs.

SEC. 14. Social Protection. The National Anti-Poverty Commission and concemed
agencies shall institute policies and programs to reduce poverty and vulnerability for OSYs,
including mandatory insurance coverage by employers.

SEC. 15. Technical-Vocational Education. The State shall provide technical or
vocational education to OSYs through TESDA, which shall assign advisers to monitor progress
and development.


SEC. 16. Alternative Learning System. An ALS shall be made available to OSYs. For
those under DSWD-managed institutions, the DSWD shall coordinate with the DepEd for the
provision of an ALS within its premises.

SEC. 17. Promotion to Formal Tertiary Education. The LSWDO may recommend an
OSY for scholarship under the Universal Access to Quality Tertiary Education Act or the
Unified Student Financial Assistance System for Tertiary Education (UniFAST) Act.
Scholarship recipients shall render at least two (2) years of government service upon
completion.

SEC. 18. Entrepreneurial Education. The DTI, in coordination with TESDA, shall
conduct training programs to provide OSYs with knowledge, skills, and motivation to engage
in entrepreneurship. Public and private higher education institutions shall set a minimum
number of admissions for returning OSYs, as well as scholarship grants and other support.

SEC. 19. Education Cost and Support. The DepEd, CHED, and TESDA shall provide
education services to OSYs free of charge and supply the materials, instruments, and tools
needed to complete such programs.

SEC. 20. Especially Difficult Circumstances. OSYs in difficult circumstances such as
those with disabilities, victims of abuse, trafficking, armed conflict, or those in conflict with
the law, shall be provided with services including protective custody, medical care, mental
health services, psychological and psychiatric evaluation, counseling, legal services, capability
building, livelihood and financial assistance, life skills training, and health education.

SEC. 21. Role of the Advisory Council. The Advisory Council shall implement this Act,
including: formulating a National Comprehensive Multi-Stakeholder Plan of Action;
coordinating and monitoring work programs for OSYs; raising national awareness of OSY
issues; reviewing discriminatory policies and recommending measures; and furnishing the
NYC with a yearly national situationer on OSYs.

SEC. 22. Roles of Concerned Agencies.

(a) The NYC shall establish and maintain an updated database of OSYs, assess needs,
capacitate the SK and LYDCs, and coordinate with agencies and NGOs for programs;

(b) The DepEd, CHED, and TESDA shall identify learning opportunities, provide
materials and tools, and monitor OSY progress;

(c) The LSWDO shall conduct social case management, maintain OSY lists, issue
identification cards, and enforce implementation at the local level;

(d) The SK and LYDC shall initiate programs for OSYs, assist in mapping, conduct
activities aligned with barangay youth plans, and submit reports to the NYC;

(e) LGUs shall create databases, mobilize SKs and LYDCs, provide programs for
OSYs, and monitor progress; and

(f) The DA, through the Philippine Council for Agriculture and Fisheries, shall ensure
COSY representation in agriculture and fishery councils.


SEC. 23. Role of Non-Government Organizations. NGOs and private volunteer
organizations are encouraged to become government partners in implementing OSY programs
and projects.

SEC. 24. Punishable Acts and Penalties. The following acts shall be punishable:
discrimination against OSYs in employment and services; non-compliance with mandatory
insurance coverage; and fraudulent availment of OSY benefits. Penalties shall range from
imprisonment of six (6) months to six (6) years and fines of not less than Fifty Thousand Pesos
(P50,000.00) to not more than Two Hundred Thousand Pesos (200,000.00), depending on the
violation. If the offender is a corporation, responsible officials shall be liable. If the offender is
an alien, deportation shall follow service of sentence.

SEC. 25. Appropriations. The amount necessary for the initial implementation of this
Act shall be charged against the current year’s appropriation of the concemed agencies.
Thereafter, such amount shall be included in the annual General Appropriations Act. LGUs
may likewise set aside funds for implementation.

SEC. 26. Implementing Rules and Regulations. The NYC, Advisory Council members,
TESDA, and CHED shall promulgate the necessary rules and regulations within thirty (30)
days from the effectivity of this Act.

SEC. 27. Separability Clause. If any provision of this Act is held invalid or
unconstitutional, the remaining provisions not affected shall remain in full force and effect.

SEC. 28. Repealing Clause. All laws, decrees, rules, and regulations inconsistent with
this Act are hereby repealed, amended, or modified accordingly.

SEC. 29. Effectivity. This Act shall take effect fifteen (15) days after its publication in
the Official Gazette or in a newspaper of general circulation.

Approved,