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

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. _3313

Introduced by REP. CAMILLE A. VILLAR

AN ACT
CREATING THE DEPARTMENT OF MIGRATION AND DEVELOPMENT,
DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS
THEREFOR, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The presence of Filipinos in other countries is certainly not miniscule. As of
December 2013, the Commission on Filipino Overseas estimated that there are
around 10.2 million’ Filipinos overseas, mostly as migrant workers; and their
numbers are constantly growing. The latest statistics show that around 2 million
Filipinos? leave the country every year to work abroad, carrying their auspicious
hopes and dreams to amply provide for their families and secure a brighter future.
Rather than remain in the country eking out a living and earning a measly income,
many choose to live away from their loved ones and endure tough working
conditions for higher wages and salaries.

The contribution of the Filipinos working overseas to the Philippine economy
is likewise not miniscule. The Filipino migrant workers have been consistent dollar
earners for the country. Their remittances are considered a significant contributor to
the country's gross domestic product, and their role in keeping the economy buoyant
is well acknowledged. Based on the Bangko Sentral ng Pilipinas (BSP) figures, the
cash remittances in 2018 sent via the formal banking networks by overseas Filipino
workers (OFWs) amounted to $ 28.94 billion, while their personal remittances or

* http://www.cfo.gov.ph/images/stories/ pdf/StockEstimate2013.paf
2 Philippine Statistics Authority, 2018 Survey on Overseas Filipinos


those fund transfers that were not captured by the banking sector for the same year
amounted to $ 32.21 billion?

In keeping with the constitutional guarantee of giving full protection to labor,
local and overseas alike’, the government has established the Philippine Overseas
Employment Administration (POEA) and the Overseas Workers Welfare
‘Administration (OWWA) in order to protect and enforce the welfare and rights of our
Filipino migrant workers. However, despite the presence of the POEA and OWWA,
even taking into account the assistance provided by the Department of Foreign
Affairs, quite a number of our Filipino overseas still see that they are being
neglected by government. There are reports of numerous complaints and
resentment towards government harbored by overseas Filipino workers apparently
brought about by the perceived government's delayed and inadequate support and
assistance while they are facing difficult predicaments abroad.

Considering the foregoing, | submit that it is timely and appropriate to create a
government agency in the executive Department, aptly called the Department of
Migration and Development, which shall have the exclusive function of essentially
protecting the welfare and enforcing the rights of our Filipinos overseas. Hence,
this measure will transfer POEA and OWWA as attached agencies, and other
related agencies that deals with OFW affairs, to the newly created Department
thereby empowering this Department to adequately support and give assistance to
our Filipinos overseas.

Henceforth, | recommend the immediate approval of this bill.

A YUM OY

CAMILLE A. VILLAR
Representative
Lone District, Las Pifias City

> hittp://www.bsp.gov.ph/statistics/keystat/ofw.htm
* Section 3, Article XIII, 1987 Philippine Constitution

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

EIGHTEENTH CONGRESS
First Regular Session

House Bill No, 2313

Introduced by REP. CAMILLE A. VILLAR

AN ACT
CREATING THE DEPARTMENT OF MIGRATION AND DEVELOPMENT,
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 as the “Department of
Migration and Development Act of 2019.”

Sec. 2. Declaration of Policy. — The State shall, as a primordial economic
policy, promote full local employment and decent work for all Filipinos within the
national borders. However, for Filipinos living and working overseas, every effort
must be undertaken to ensure their safety, secure their rights, and promote their
general welfare and development. In the same light, it is also the duty of the State to
look after, secure and broaden socio-economic opportunities for families left behind.

Sec. 3. Creation of a Department of Migration and Development. — There is
hereby created a Department of Migration and Development, 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, of and for Filipinos overseas and their families left behind.

Sec. 4. Mandate. - The Department shall be the primary policy, planning,
coordinating, implementing, and administrative entity of the executive branch of the
government that will plan, develop, and manage the national migration and
development agenda that is supportive and complimentary to national efforts to
create, sustain, and strengthen local employment and decent work within the
country’s borders.


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Sec. 5. Powers and Functions. - The Department shall have the following
powers and responsibilities which shall be exercised by its offices:

1) Formulate and recommend national policies and guidelines and
conduct in-depth studies on all policy areas and options that will ensure protection of
Filipino migrants and address perennial issues they face abroad, in consultation with
the relevant stakeholders;

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

3) Promote, advance and implement general and specific government
objectives regarding migrant Filipinos or OFW activities, programs, welfare and
interests;

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

5) Represent and negotiate for Philippine interest on matters pertaining to
overseas Filipino affairs in international bodies;

6) Develop, implement and improve coordination with other countries with
the presence of overseas Filipinos and monitor foreign developments to ensure
humane and the most reasonable and 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;

7) Promote knowledge, information and resource sharing, and develop a
database to assist overseas Filipinos anywhere in the world;

8) Coordinate and support the generation of resources or funds for use of
overseas Filipinos;

9) — Conduct symposia, consultations and seminars on effective programs
relating to overseas Filipinos;

10) Assist and provide technical expertise in the troubleshooting of
overseas Filipinos in distress and tap the services of personnel, foreign and local,
with expertise to help in the repatriation of overseas Filipinos, if needed;

11) Promote, develop and monitor the continuing education, training and
qualification, availability and deployment of OFWs and coordinate with concerned
agencies in the training of overseas Filipinos to improve their competitiveness
globally;


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

13) Ensure that there are existing and effective reintegration programs for
returning OFWs;

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

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

16) Administer, accept, hold and utilize property, both personal and real,
subject to limitations by existing laws, for the purpose of assisting of expediting the
work of the Department; and

17) To perform such other functions, as may be needed to achieve the
objectives provided under this Act.

Sec. 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
the Undersecretaries and the Assistant Secretaries.

Sec. 7. Secretary of Migration and Development. - The Secretary shall be
appointed by the President, subject to 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
streamlined operations of the Department, in accordance with the
programs, services and priority agenda of the national government;

c) 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, Assistant Secretaries and Directors, in
accordance with the Ci ervice laws, rules and regulations;

) Collaborate with other government agencies and public and private
interest groups, including all industry associations and civil society
groups, and migrants workers’ desks all over the country as well as


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Filipino community groups abroad on Department policies, programs
and initiatives;

f) Undertake regular consultations and joint planning sessions with the
heads of pertinent government agencies on matters relevant to the
welfare and development of migrants and their families;

9) Extend advice to the President on the promulgation of executive and
administrative orders and regulatory and legislative proposals on
matters pertaining to Filipino migrants;

h) Coordinate and oversee all policies and programs relevant to
migration and development ;

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

i) Perform such other tasks as may be provided by law or assigned by
the President from time to time.

Sec. 8. 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 one (1) of the undersecretaries
shall be a career officer with at least ten (10) years of experience from the ranks of
government labor-oriented 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.

Sec. 9. 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 priority shall be given to career
Officers.

Sec. 10. Qualifications. — No person shall be appointed Secretary,
Undersecretary, or Assistant Secretary of the Department unless he or she isa
citizen and resident of the Philippines, of good moral character, of proven integrity
and with at least ten (10) years of competence and expertise in the field of migration
and development.

Sec. 11. Regional Offices. - The Department may establish, operate, and
maintain a regional office in the different administrative regions of the country as the
need arises. Each regional office shall be headed by a Regional Director, who may
be assisted by one (1) Assistant Regional Director. The Regional Director and
Assistant Regional Director shall be appointed by the President. The regional


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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 efficient and effective service to program beneficiaries and all
stakeholders;

c) Coordinate with regional offices of other departments, offices, and
agencies;

d) Coordinate with the LGUs; and

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

Sec. 12. Attached Agencies. — The following agencies shall be attached to
the Department for policy and program coordination, and shall continue to function in
accordance with the charters, laws or orders creating them, unless inconsistent with
the substance and spirit of this Act:

4) Philippine Overseas Employment Administration (POEA); and

2) Overseas Workers’ Welfare Administration (OWWA)

Sec. 13. Transfer of Bureaus, Offices and Agencies. - The following
bureaus, offices and agencies are hereby transferred from their respective
departments (as shown in parenthesis) to the Department.

a) International Labor Affairs Bureau (ILAB), including all Philippine
Overseas Labor Offices, with direct supervision over Labor Attaches and
Welfare Officers and the Filipino Workers Resource Centers

b) Overseas Absentee Voting Secretariat (Department of Foreign Affairs)
c) Commission on Filipinos Overseas (Office of the President)

d) National Reintegration Center for OFWs (OWWA)

e) Repatriation Unit (POEA)/ Repatriation Assistance Division (OWWA)
f) Conciliation Unit (POEA)

g) Anti-lllegal Recruitment Branch (POEA)

h) Workers Education Division (POEA)


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i) _ PDOS unit (OWWA)
j) Government Placement Branch (POEA)

k) Adjudication Office (POEA)
1) Overseas Operations Coordination Service - 24/7 hotline (OWWA)
m) Social Service Office (Department of Social Welfare and Development)

n) Pertinent offices of MARINA in relation to the training, certification, and
setting and monitoring of standards concerning international seafarers
(Department of Transportation and Communications)

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.

The Department may create sectoral, industry, and/or geographic task forces,
technical working groups, advisory bodies or committees in furtherance of its
mandate and objectives. Private sector representatives may be designated
members of such working groups in addition to representatives drawn from local and
national government agencies, as the need arises.

An inter-agency coordinating Council on Migration and Development, shall be
composed of the secretaries of the following departments:

1) The Department of Migration and Development,

2) The Department of Foreign Affairs (DFA);

3) The Department of Labor and Employment (DOLE);

4) The Department of Justice (DOJ);

5) __ The Department of Social Welfare and Development (DSWD); and

6) The Department of the Interior and Local Government (DILG)

Death row cases involving blood money, terrorism, drug-trafficking, human
trafficking as well as large-scale illegal recruitment cases involving Filipino workers,
and urgent cases involving overseas or their families left behind that require
humanitarian assistance shall fall under the purview of this Inter-Agency
Coordinating Council with appropriate recommendations for the consideration of the
Office of the President.

Sec. 14. Establishment of One-Stop Migrant Assistance Centers. - The
Department, in partnership with other government agencies, shall establish One-
Stop Migrant Assistance Centers in all major capital towns and cities nationwide to
ensure prompt, efficient, vital and relevant services to migrant Filipinos and their

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families to include passport and authentication services, acquisition of government
clearances and permits, validation of overseas job offers, reintegration services and
all pertinent seminars and workshops for all stakeholders.

Sec. 15. Separation and Retirement 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.

Sec. 16. Structure and Staffing Pattern. - The Department shall determine
its organizational 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.

Sec. 17. Special Assistance Revolving Fund. - A Special Assistance
Revolving Fund for Filipino Migrants, including both documented and
undocumented, in the amount of One Billion Pesos (PHP 1,000,000,000.00) is
hereby created. Hereinafter referred to as the Special Assistance Fund for Filipino
Migrants, the fund shall be utilized for the following purposes:

a) Emergency repatriation;

b) Medical expenses, hospitalization, and purchase of medicines for
repatriated migrants with dreaded or severe diseases;

c) Immigration penalties for overstaying, indigent and ailing overseas
Filipino workers, as well as victims of human trafficking and illegal
recruitment;

d) Legal assistance for labor cases involving ten or more Filipino workers;

e) Payment of blood money, when recommended by the Department, in
consultation with the DOJ and DFA;

f) Humanitarian assistance to families left behind, particularly in times of
calamity;

g) Basic necessities of OFWs in embassy shelters or for those under
detention;

h) Scholarships for children of Filipinos overseas who are victims of
injustice involving modern slavery, human rights violations, and political
as well as economic upheavals.

i) | Maintenance and operational expenses including capital outlay for the
establishment of One-Stop Migrant Processing and Assistance Centers
in all regions including the central office of the Department.


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Sec. 18. Appropriations. - The appropriations of bureaus, agencies, and
offices identified in Section 13 of this Act shall be transferred to the Department.
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.
Thereafter, the amount needed for the operation and maintenance of the
Department including the Special Assistance Revolving Fund shall be included in the
General Appropriations Act.

The proceeds from the Documentary Stamp Tax (DST) accruing from dollar
remittances of overseas Filipinos, as determined by Congress, shall be used to
ensure the efficient and effective operations of OFW One-Stop Assistance Centers
throughout the country.

Sec. 19. Separability Clause. — If any portion or provision of this Act is
declared unconstitutional or invalid, the remainder of this Act or any provisions
hereof not affected thereby shalll continue to be in force and effect.

Sec. 20. Repealing Clause. — Any law, presidential decree or issuance,
executive order, letter of instruction, rule or regulation inconsistent or contrary to the
provisions of this Act is hereby repealed or modified accordingly.

Sec. 21. Effectivity. —This Act shall take effect after fifteen (15) days following
its complete publication in the Official Gazette or a newspaper of general circulation.

Approved,