Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
HOUSE B[LL NO. 5201
Introduced by: Hon.  Keith  Micah  "Atty.  Mike"  D.L.  Tan
AN ACT
PROVIDING FOR THE MAGNA CARTA 0F THE OUT-OF-SCHOOL YOUTH
EXPLANATORY NOTE
Article  11,  Section  13  provides  that "The  State  recognizes the vital  role  of the
youth  in  nation-building  and shall  promote and  protect their physical,  moral,  spiritual,
intellectual,   and   social   well-being.   It   shall   inculcate   in   the   youth   patriotism   and
nationalism,  and encourage their involvement in  public and civic affairs."
This  fundamental  state  policy  echoes our hational  hero,  Dr.  Jose  Rizal  when
he underscored the importance of our youth when he said,  "Ang  kabataan ang  pag-
asa ng bayan."
While  early  formation  and  intervention  are  the  ideal  approaches  in  molding
young  minds,  the  fact  remains  that the  efforts  of the  society  - the  government and
the  parents  -  are  still  insufficient  because  there  are  still  youngsters  who  are  out-of-
school;  and  as such,  their knowledge,  skills and  potentials are  not being  maximized
for their benefit and for the benefit of the country.
The   Philippine   Statistics   Authority   in   its   2017   Annual   Poverty   Indicators
Survey   (APIS)   indicates   that   about   nine   percent   of  the   estimated   39.2   million
Filipinos aged 6 to 24 years old were out-of-school children and youth (OSCY)."
Accordingly,  "The  most  common  reasons  among  OSCYs  for  not  attending
school  were  marriage  or  family  matters  (37.0°/o),  lack  of  personal  interest  (24.7°/o),
and high cost of education or financial concern  (17.90/o)."
ln   this   light,   this   bill   provides   for  the   "Magna   Carta   of  the   Out-of-School
Youth",  which will serve as an  instrument in protecting the  rights of the out-of-school
youth,  protect them  from  discrimination  and  violence,  ensure  their  representation  in
various platforms,  and preserve their cultural identity and integrity.
The   bill   outlines  the   role   of  concerned   government  agencies   in   providing
assistance and support to the out-of-school youth  in the aspect of education,  health
and social services.


More    importantly,    it    mandates    an    affirmative    action    program    by    the
government to ensure the welfare of out-of-school youth and enhance their quality of
life.
In view of the foregoing,  approval of this measure is earnestly requested.
`             `'``,                                             `-.`
Keith Micah "Atty. Mike" D.L. Tan
4th District,  Quezon


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City
NINETEENTH CONGRESS
First Regular Session
HOUSE BILL NO.
5201
Introduced by: Hon.  Keith  Micah  "Atty. Mike"  D.L.  Tan
AN ACT
PROVIDING FOR THE MAGNA CARTA OF THE OUT-OF-SCHOOL YOUTH
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 "Magna Carta of the
Out-of-School Youth."
SEC.  2.  Declaration of Policies.  -The State values the dignity of every human
person,  guarantees  full  respect for  their  human  rights,  and  recognizes  the  right  of
out-of-school  youth  to  social  protection  and  development.  Towards  this  end,  the
State shall promulgate measures to achieve the following objectives:
(a)   Inspire  and  encourage  the  out-of-school  youth  to   contribute  to   nation
building;
(b) Recognize the rights of out-of-school youth in the society;
(c)     Provide     an     Alternative     Learning     System     and     a     program     for
technical/vocational education for the out-of-school youth;
school
and
(d)  Give  full  support to  the  improvement  of the  total  well-being  of the  out-of-
youth  by  providing  educational  development  and  employment  opportunities;
(e)  Recognize  the  important  role  of the  private  sector  in  the  improvement of
the welfare of out-of-school youth and to actively seek their partnership.
CHAPTER  11
DEFINITION OF TERMS
SEC.  3.  Definitions.  -As used  in this Act:
(a)  Alternative  Learning  System  refers  to  a  parallel  learning  system  in  the
Philippines   that   provides   a   practical   option   to   the   existing   formal   instruction.   It
includes both the non-formal and informal sources of knowledge and skills;
(b)  Out-of-school  Youth  refers  to  members  of the  population  aged  15  to  30


years  old  who  are  currently  out  of  school,   not  gainfully  employed,  and  have  not
finished college or a post-secondary course;
(c)  Social   Protection  refers  to  policies  and   programs  that  seek  to   reduce
poverty and  vulnerability to  risks  and  enhance the social  status and  rights of all  out-
of-   school   youth   by   promoting   and   protecting   the   livelihood   and   employment,
protecting   against  hazards  and   sudden   loss  of  income,   and   improving   people's
capacity   to   manage   risk.    Its   components   are   labor   market   programs,    social
insurance, social welfare and social safety nets;
(d)  Substantive  Equality  refers  to  the  full  and  equal  enjoyment  of. rights  and
freedoms   contemplated   under  this  Act  and   encompasses  dejure   and   de   facto
equality and equality in outcomes;
(e) TechnicalIVocational  Education  refers to the education  of training  process
involving,   in  addition  to  general  education,  the  study  of  technologies  and  related
sciences  and  the  acquisition  of  practical  skills  relating  to  occupations  in  various
sectors  of  economic  and  social  life.  The  term  is  comprised  of  formal  (organized
programs as  part of the  school  system),  and  non-formal  (organized  classes outside
the school system) approaches; and
(0  TESDA  Graduate  refers  to  a  student  or  trainee  who  has  completed  the
requirements   set   for   a   Technical   Education   and   Skills   Development   Authority
(TESDA)-registered     Technical     Vocational      Education     and     Training      (TVET)
course/program.
CHAPTER  Ill
DUTIES RELATED TO THE HUMAN  RIGHTS OF OUT-OF-SCHOOL YOUTH
SEC.  4.   The  State  as  the   Primary  Duty-Bearer.   -  The  State,  through  the
National  Youth  Commission  (NYC)  and  concerned  youth  serving  agencies,  shall  be
guided  by  progressive  developments  in  human  rights  of out-of-school  youth  under
international   law,   and   endeavor   to   design   policies,   laws,   and   other   regulatory
measures  to  fulfill  these  duties.   It  shall  institute  programs  that  will  carry  out  the
objectives of this Act.  It shall promote:
(a) The protection of the rights of out-of-school youth against discrimination by
private corporations,  entities,  and  individuals;  and
(b)The  substantive  equality  in  the  rights  of out-of-school  youth  in  all  spheres
of growth and development.
SEC.  5.  Duties  of  State  Agencies  and  lnstrumentaljties.  -  The  duties  of the
State as stated in Section 4 of this Act shall extend to all state agencies, offices, and
instrumentalities  at  all  levels  and  government-owned  and  controlled  corporations,
subject to  the  Constitution  and  pertinent  laws,  policies,  or  administrative  guidelines
that define specific duties of state agencies and entities concerned.
CHAPTER IV
RIGHTS AND EMPOWERMENT


SEC.  6.  Human  Rights of Out-of-School Youth. -An  out-of-school youth shall
enjoy,    without    discrimination,    all    rights    in    the    Constitution    and    those    rights
recognized    under    international    instruments    duly    signed    and    ratified    by    the
Philippines,  in consonance with  Philippine law.
SEC. 7.  Protection from Violence.  - Protection from Violence. -The State shall
ensure  that  all  out-of-school  youths  shall  be  protected  from  all  forms  of violence,
particularly  in  cases  of physical  abuse,  sexual  exploitation  and  human  trafficking  as
provided for in existing laws. The Department of Justice (DOJ),  Department of Social
Welfare and  Development (DSWD), and other concerned agencies, shall give priority
to  the  defense  and  protection  of  out-of-school  youths  and  help  in  attaining  justice
and healing.
SEC.  8.  Equal  Treatment  Before  the  Law.  -  The  NYC  and  concerned  youth
serving  agencies shall take  steps to  review and, when  necessary,  amend,  or repeal
existing  laws that are discriminatory to out-of-school youth.
SEC.   9.   Representation   of  Out-of-School   Youth   Issues   and   Concerns   in
Media  and  Film.  -The  NYC  and  concernecl  youth  serving  agencies  shall  formulate
policies  and  programs  for the  advancement  of out-of-school  youth,  in  collaboration
with government and non-government media-related organizations,
For  this  purpose,  the  State  shall  ensure  allocation  of  space,   airtime,   and
resources,      strengthen      programming,      production,      and      image-making      that
appropriately  present  the  out-of-school  youth's  needs,  issues  and  concerns  in  all
forms of media,  communication,  information dissemination, and advertising.
SEC.   10.   Recognition  and   Preservation  of  Cultural   Identity  and   Integrity.  -
Recognition  and  Preservation  of Cultural  Identity  and  Integrity.  -The  rights  of Moro
and  indigenous out-of-school youth to practice,  promote,  protect,  and  preserve their
own culture,  traditions,  and institutions and to consider these rights in the formulation
and  implementation  of national  policies  and  programs  shall  be  upheld.  To  this end,
the   National   Commission   on   Muslim   Filipinos   and   the   National   Commission   on
Indigenous  Peoples shall,  in  consultation with  the  sectors concerned  to  protect their
rights,  indigenous  knowledge  system  and  practices,  traditional  livelihood,  and  other
manifestations  of  their  cultures  and  ways  of  life,  recommend  legislation  and  other
appropriate  measures  to  promote  and  to  respect their  rights,  practices  and  way  of
life:  Provided,  That these  cultural  systems and  practices do  not discriminate  against
other out-of-school youth.
CHAPTER V
GOVERNMENT ASSISTANCE AND SUPPORT
SEC.11.  Government  Assistance.  -The  National  Government,  through  its
agencies and  instrumentalities,  shall  provide the following:
(a)   Education   -  The   Department  of  Education   (DepEd),   TESDA  and   the
Commission   on   Higher  Education   (CHED),   in   consultation  with   local  government
units  (LGUs)  and  non-government  organizations  (NGOs),  shall  institute  a  program


that will ensure access to formal and non-formal education;
(b)  Health  -The  Department of Health  (DOH),  in  coordination with  LGUs and
NGOs shall institute a national health program and provide an integral  health service
for  out-of-school  youth  in  accordance  with  the  provisions  under  Republic  Act  No.
11223 or the Universal Health Care Act;
(c)  Social  Services  -  The  DSWD,  in  cooperation  with  LGUs  and  NGOs  and
other   relevant   stakeholders   shall   develop   and   implement   programs   on   social
services for out-of-school youth, the components of which are:
(1)  Social  Enhancement Services which  provide  the  out-of-school  youth  with
opportunities  for  socializing,   organizing  creative  expression,  and  improvements  of
self; and
(2)  After Care  Services for out-of-school  youth  who  are  discharged  from  the
homes  or  institutions  of the  DSWD  and  other  private  institutions  duly  accredited  by
the  DSWD,  especially  those  who  have  problems  of  reintegration  with  family  and
community;
(d)   Employment  -  The   Department  of  Labor  and   Employment  (DOLE),   in
coordination   with   other   government   agencies   such   as,   but   not   limited   to,   the
Department  of  Trade  and   Industry  (DTl)  and  TESDA,   shall  assess,   design,   and
implement training  programs that will  provide skills  and  welfare  or livelihood  support
for out-of-school youth.
CHAPTER VI
MANDATORY TECHNICAL AND VOCATIONAL EDUCATION
SEC.12.  Mandatory Technicallvocational  Education.  -lt shall  be the  duty  of
the State to provide technical or vocational education to the out-of-school youth.  The
Course shall  be  provided  and/or managed  by TESDA in  accordance with  its training
regulations.
SEC.   13.  Alternative  Learning  System.   -An  alternative  learning. system  of
education shall be made available to out-of-school youth in the barangays.
For  out-of-school  youth  who  are  in  the  custody  of  a  home  or  an  institution
managed  by the  DSWD,  the  latter shall  coordinate with  the  DepEd  for the  provision
of an alternative learning system within its premises.
SEC.  14.  Education  Cost  and  Support.  -The  TESDA shall  provide  technical
and   vocational   education  services  to  out-of-school  youth  free  of  charge.   It  shall
likewise  provide  materials,  instruments,  and  tools  that the  out-of-school  youth  may
need  while  enrolled  in  a  technical/vocational  course,  and  financial  support to  cover
transportation and other related costs for the duration of the training.
SEC.15.  Entrepreneurial  Education.  -The  DTl,  in  coordination  with  TESDA
and other relevant government agencies,  shall conduct a training  program to provide
the   out-of-school   youth  with   the   knowledge,   skills   and   motivation   to  encourage


entrepreneurial  endeavors.  The  program  shall  include  small  business  management,
new  approaches  on  innovation  or  introduction  of  new  products  or  services  to  the
markets.
SEC.16.  Promotion to  Forma! Tertiary  Education.  -The  Local Social Welfare
and Development Officer may recommend an out-of-school youth to be a recipient of
a  scholarship  grant  from  the  CHED  under  Republic  Act  10931   or  the   Universal
Access  to  Quality  Tertiary  Education  or  Republic Act  10687  or the  Unified  Student
Financial Assistance System for Tertiary Education Act (UNIFAST).
CHAPTER V 11
EMPLOYMENT AND ENTREPRENEURIAL FACILITATION
SEC.   17.   Employment.   -Out-of-school  youth  who   have  the   capacity  and
desire to work shall  be  provided  employment opportunities to  enable  their transition
as productive members of society.
SEC.18.  Entrepreneurial  Facilitation.  -The  DTl  shall  establish  a  community-
based   method   of  addressing   the   needs  and   barriers  facing   out-of-school  youth
entrepreneurs. The objective of entrepreneurial facilitation  is to encourage and  retain
a diverse and  robust local entrepreneurial economy that leads to more opportunities
for the out-of-school youth.
SEC.   19.  Right  to  Decent  Work.  -The  DOLE,  in  coordination  with  TESDA,
shall ensure decent work standards for out-of-school youth who have graduated from
TVET courses,  including the following minimum guarantees:
(a)    Local   job   generation   and   employment,   economic   opportunities   and
providing strict regulations against forced and involuntary displacement; and,
(b)  Protection  of  the  rights  and  promotion  of  the  welfare  of  migrant  T\/ET
graduates regardless of work status,  and  protection  against discrimination  in wages,
conditions of work,  and employment opportunities in host countries.
SEC.   20.   Social   Protection.   -  The   National  Anti-Poverty  Commission   and
concerned  agencies  shall  institute  policies  and  programs  that  seek  to  reduce  the
poverty  and  vulnerability  to  risks  of  out-of-school  youth  by  protecting  them  against
the  financial  hazards  of sudden  loss  of income,  and  improving  capacity  to  manage
risks.
Further,  the  State  shall  ensure  that  out-of-school  youth  workers  and  TVET
graduates  shall  be  provided  by  their  employer with  a  mandatory  life,  accident  and
health insurance coverage.
CHAPTER V Ill
ESPECIALLY DIFFICULT CIRCUMSTANCE
SEC.  21.  Especially  Difficult  Circumstance.  -Out-of-school  youth  who  are  in
especially  difficult  circumstances  such   as  victims  of  sexual   and   physical   abuse,
illegal   recruitment,   prostitution,   trafficking,   armed   conflict,   out-of-school   youth   in


conflict  with   the   law,   and   such   other  related   circumstance   which   have   caused
functional  incapacity  in  society,  shall  be  provided  with  services  and  interventions  as
necessary such as:
(a) Temporary and protective custody;
(b) Medical and dental services;
(c)  Psychological evaluation;
(d) Counseling;
(e)  Psychiatric evaluation;
(f)  Legal services;
(g)  Productivity capability  building;
(h)  Livelihood assistance;
(i)  Financial assistance;
ti)  Life skills training;  and
(k) Health education and information
SEC.  22.  Inter-Agency  Support.  -The  NYC,  in  coordination  with  the  DSWD,
DOJ,  DOH,  DepEd  and  the Advisory Council  created  under Republic Act  No.  8044,
and concerned  LGUs shall  lead  in facilitating,  implementing,  monitoring  and  planning
programs for the rehabilitation of out-of-school youth.
SEC.  23.  Duty  of  the  LGU.  -lt  is  the  duty  of the  LGU  where  out-of-school
youth   resides   to   deliver   the   necessary   services   and   interventions   under   their
respective jurisdictions.
CHAPTER IX
ADMINISTRATION AND ENFORCEMENT
SEC.  24.   Role  of  Advisory  Council.  -  The  Advisory  Council  created  under
Republic  Act  No.  8044  or  the  "Youth  in  Nation-Building  Act"  shall  plan,  coordinate
and  monitor  yearly  work  programs  in  compliance  with  the  objectives  of this  Act.  It
shall  formulate  and  implement a  National  Comprehensive  Multi-Stakeholder  Plan  of
Action for Out-of-School Youth.
The Advisory  Council  shall  also  coordinate with  and  ensure  that the  relevant
agencies of the government have appropriate programs for the out-of-school youth in
accordance with the objectives of this Act.
The   Advisory   Council   shall   cause   the   prominent   display   of   information
materials  in  government institutions  and  private establishments aimed  at generating


public awareness on the rights of out-of-school youth.
SEC.  25.  Role of Local Social Welfare and  Development Officer. -The  Local
Social  Welfare  and   Development  Officer  shall  assist  the  Advisory  Council   in  the
effective  implementation  of the  provisions of this Act and  shall  perform the following
functions:
(a) Draw up a list of available and required services which can be provided for
out-of-school youth;
(b)  Maintain  and  regularly  update  on  an  annual  basis the  list of out-of-school
youth  and  to  issue  nationally  uniform  individual  identification  cards  free  of  charge,
which shall be valid anywhere in the country;
(c)  Serve  as  a  focal  person  in  the  dissemination  of general  information  and
feedback with regard to the needs of the out-of-school youth;
(d)    Report   to   the   Mayor   any   individual,   establishment,    business   entity,
institution,  or agency found violating any provision of this Act;
(e)   Coordinate   with   the   Advisory   Council   to   ensure   compliance  with   the
provisions of this Act; and,
(f)   Monitor  the   compliance   of  government   institutions   as   well   as   private
establishments   to   prominently   display   information    materials   such   as    posters,
banners and pamphlets that will generate public awareness on the rights and welfare
of out-of-school youth.
SEC.    26.    Role    of    Non-Government    Organizations.    -    Non-government
organizations    or   private   volunteer   organizations    dedicated    to   the   .promotion,
enhancement,   and   support   of   the   welfare   of   out-of-school   youth   are   hereby
encouraged  to  become  partners  of government  in  the  implementation  of  programs
and projects for out-of-school youth.
CHAPTER X
FINAL PROVISIONS
SEC.  27.  Penalties.  -Any  person who violates  any  provision  of this Act shall,
upon conviction,  suffer the following  penalties:
(a)  For the first violation,  imprisonment of not less than  six (6)  months but not
more than two (2) years and fine of not less than  Fifty thousand  pesos (P50,000.00)
but not more than One hundred thousand pesos (P100,000.00);
(b)  For any subsequent violation,  imprisonment of not less than two  (2) years
but not  more  than  six  (6)  years  and  a  fine  of not  less than  One  hundred  thousand
pesos    (P100,000.00)    but    note    more    than    Two    hundred    thousand    pesos
(P200,000.00);
(c)  For  any  person  who  avails  of  any  of the  benefits  and  privileges  granted


under this Act but who is  not qualified  to avail of the same,  imprisonment' of not less
than six (6) months and a fine of not less than  Fifty thousand pesos (P50,000.00) but
not more than One hundred thousand pesos (P100,000.00);
(d)   lf  the  offender  is  a  corporation,   organization   or  any  similar  entity,   the
officials thereof directly involved in the violation or abuse shall be held  liable.
(e)  If  the  offender  is  an  alien  or  a  foreigner,  the  person  shall  be  deported
immediately upon service of sentence without further proceedings.
Upon filing of the appropriate complaint or information,  the  proper authorities,
in coordination with the concerned  LGU,  shall cause the cancellation or revocation of
the business permit,  permit to operate,  franchise and  other similar privileges granted
to any business entity or person that fails to abide by or violate the provisions of this
Act.
SEC.    28.    Appropriations.    -    The    amount    necessary    for    the    effective
implementation   of   this   act   shall   be   included   in   the   budget   of   the   concerned
government agencies in the annual General Appropriations Act.
SEC.   29.    Implementing   Rules   and   Regulations.   -   The   Adviso.ry   Council
created  under  Republic  Act  No.  8044  shall  promulgate,  not  later  than  ninety  (90)
days  upon  the  effectivity  of  this  Act,  the  necessary  rules  and  regulations  for  the
effective  implementation  of  this  Act:   Provided,  That  the  failure  to  promulgate  the
rules   and   regulations  shall   not  prevent  the   implementation   of  this  Act  upon   its
effectivity.
SEC.   30.   Separability   Clause.   -   lf  any   provision   of  this   Act   is   declared
unconstitutional,  the remainder of this Act or any provision  not affected thereby shall
remain in full force and effect.
SEC.  31.  Repealing Clause. -All laws, decrees, orders,  issuances,  rules and
regulations  or  parts  thereof  inconsistent  with  the  provisions  of this  Act  are  hereby
repealed, amended or modified accordingly.
See.   32.   Effectivity.  -This  Act  shall  take  effect  fifteen  (15)  days  after  its
publication in the Official Gazette or in a newspaper of general circulation.
Approved,