Republic of the Philippines
House of Representatives
Quezon City

Eighteenth Congress
First Regular Session

House Bill No. _198

Introduced by Representatives
Estrellita B. Suansing and Horacio P. Suansing

EXPLANATORY NOTE
This bill seeks to provide a Magna Carta of out-of-school youth.

‘The 2017 Annual Poverty Indicators Survey show that nine percent (9%)
of the estimated 39.2 million Filipinos aged 6 to 24 years old were out-of-
school children and youth, citing marriage or family matters, lack of personal
interest and the high cost of education or personal concern as primary
reasons for not attending school.! Most, if not all, of the out-of-school youth
belong to the marginalized sector of society, making them vulnerable and
often subjected to discrimination and becoming victims of abuse and violence.

This bill ensures that the rights of out-of-school youth are protected
and promoted, that the out-of-school youth are empowered and are granted
the same opportunities and equal treatment as their peers, thereby developing
their full potential as partners in nation-building.

This bill was filed as House Bill No. 9103 during the 17% Congress and
was approved on third and final reading. In view of the foregoing, immediate
passage of this bill is earnestly sought.

REP. ‘RELLITA B. SU.
1st District, Nueva Ecij

IG REP. HORA‘ SUANSING, JR.
24 Distri¢t, Sultan Kudarat

+ Source: Philippine Statistics Authority


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Republic of the Philippines
House of Representatives
Quezon City

Eighteenth Congress
First Regular Session

House Bill No. 198

Introduced by Representatives
Estrellita B. Suansing and Horacio P. Suansing

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:

CHAPTER I
GENERAL PROVISIONS

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

SEC. 2. Declaration of Policy. - The State values the dignity of every human
person and guarantees full respect for human rights. Pursuant thereto, the
State recognizes the right of out-of-school youth to social protection and to
develop their full potential as partners in nation-building. Towards this end,
the State shall promulgate measures to achieve the following objectives:

(a) To inspire and encourage the out-of-school youth to contribute to
nation building;

(b) To recognize the rights of out-of-school youth in society;

(0) To provide an alternative learning system and a program for
technical or vocational education for the out-of-school youth;

(d) To give full support to the improvement of the total well-being of
the out-of-school youth by providing educational development and
employment opportunities; and

(e) To recognize the important role of the private sector in improving
the welfare of out-of-school youth and to actively seek their partnership.

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CHAPTER II
DEFINITION OF TERMS
SEC. 3. Definition of Terms. - 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 a member of the population aged 15
to 30 years old who is currently out of school, not gainfully employed, and
has not finished college or a post-secondary course;

() 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 livelihood and employment
opportunities, protecting against financial hazards such as the sudden loss
of income, and improving people’s capacity to manage risks. 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 de jure,
de facto equality and equality in outcomes;

(e) Technical/Vocational Education refers to the aspects of
educational 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

() _ 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) cours/program.

CHAPTER Ill

DUTIES RELATED TO THE HUMAN RIGHTS OF OUT-OF-SCHOOL
YOUTH

SEC. 4. State as the Primary Duty-Bearer. - The State, through the
National Youth Commission (NYC) and concerned youth serving agencies,

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shall be guided by progressive developments in the human rights of out-of-
school youth under international law, and shall 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 and 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 the State Agencies and Instrumentalities. - 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 of government including
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 provided for in the Constitution
and those rights recognized under international instruments duly ratified by
the Philippines, in consonance with Philippine law.

SEC. 7. 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, Department of Social
Welfare and Services, 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 other youth-
serving agencies shall take steps to review and, when necessary, amend or
repeal existing laws that are discriminatory to out-of-school youths.

SEC. 9. Representation of Out-of-School Youth Issues and Concerns in
Media and Film. - The NYC and other concerned agencies shall formulate
policies and programs for the advancement of out-of-school youth in
collaboration with government and non-government media-related
organizations.


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For this purpose, the State shall ensure allocation of resources for the
production, publication and airing of all forms of information materials on the
rights of out-of-school youth and the various services and benefits provided
to them under this Act.

SEC. 10. 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 non-
government organizations (NGOs), shall institute a program that will ensure
access of out-of-school youth to formal and non-formal education;

(b) Health - The Department of Health (DOH), in coordination with
local government units (LGUs) and NGOs, shall institute a national health
program and provide an integral health service for out-of-school youth;

() Social Services - The Department of Social Welfare and
Development (DSWD), in cooperation with the LGUs, 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 out-of-school
youth with opportunities for socializing, organizing creative expression,
and improvement of self;

(2) After Care Services, which provide for support services for
out-of-school youth who are discharged from the homes or institutions

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of the DSWD, and other private institutions duly accredited by the
DSWD, especially those who have problems of reintegration with family
and the community.

(a) Employment - The Department of Labor and Employment
(DOLE), in coordination with government agencies such as the Department of
Trade and Industry (DTI), 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 Technical/Vocational Education. - It 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 DTI, 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 Formal 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 either Republic
Act No. 10931, otherwise known as the “Universal Access to Quality Tertiary


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Education Act” or Republic Act No. 10687, otherwise known as the “Unified
Student Financial Assistance System for Tertiary Education Act (UNIFAST).”

CHAPTER VII
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 DTI 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
TVET 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 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 VIII
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

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abuse, illegal recruitment, prostitution, trafficking, armed conflict, out-of-
school youth in conflict with the law, and such other related circumstance
which have cause 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;

(c) Psychiatric evaluation;

() Legal services;

(g) Productivity capability building;
(h) Livelihood assistance;

(i Financial assistance;

()) Life skills training; and

(k) Health education and information.

SEC. 22. Inter-Agency Support. - The National Youth Commission, 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. -It is the duty of the LGU where the 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 the Advisory Council. - The Advisory Council created
under Republic Act No. 8044, otherwise known as 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.

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SEC. 25. Role of the 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;

() Serve as a focal person in the dissemination of general
information and feedback in regard to the needs of the out-of-school youth;

(4) Report to the Mayor, any individual, establishment, business
entity, institution, or agency found violating any provision of this Act;

(€) Coordinate with the Advisory Council to ensure compliance with
the provisions of this Act; and

() 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 Organization. - 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 the 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

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hundred thousand pesos (P100,000.00) but not more than Two hundred
thousand pesos (P200,000.00);

() 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);

(4) _ Ifthe offender is a corporation, organization or any similar entity,
the officials thereof directly involved in the violation or abuse shall be held
liable.

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 violates 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 Advisory Council
created under Republic Act No. 8044 shall promulgate, not later than thirty
(30) 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. - If 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 provision of this Act are
hereby repealed, amended or modified accordingly.

SEC. 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,